Permit Implementation Regulations

1. Permit Implementation Regulations • Defines the phrase “significant change in the design or operation of a solid waste facility that is not authorized by the existing permit” through a “Decision Tree” methodology. • EAs use this methodology to determine if a proposed change in the design or operation of a facility by the operator can be approved through an RFI amendment, modified permit, or revised permit.

2. 21665. CIWMB--Processing Proposed Changes at Solid Waste Facility. (new)

3. Establishes a “Minor Change” process that allows operators to make a minor change in the design or operation of the facility without EA review, approval if the change meets specified criteria, and the change is on the minor change list, or if not listed, meets the criteria, the operator must provide notice to the LEA within 30 days. • Establishes a “Significant Change List,” any change on the list must go through the permit revision process.

4. Proposed Change(s) in Design or Operation §21620 Proposed changes are Minor Changes such as those in §21620(a)(1)(E) Operator submits RFI Amendment application per §21570 to EA at least 180 days prior to implementing change or as determined by EA Operator submits application for Modified SWFP Per §21570 Operator submits application for SWFP Revision per §21570 Revised SWFP EA determines proposed changes meet the criteria in §21665(e) or listed as significant change in §21620(a)(4)(A) thru (D) Yes No RFI Amendment EA determines proposed changes meet all of criteria in §21665(c) Modified SWFP EA determine proposed changes meet either of the criteria in §21665(d) Proposed changes meet all of the criteria in §21620(a)(1)(A) thru (D) and operator notified EA as required under subdivision (F) Yes No Yes No EA processes Modified SWFP per §21650 EA processes SWFP Revision application per §21650 EA processes RFI Amendment per §21666 CIWMB’s Executive Director concurrence per §21685 Yes No CIWMB’s concurrence per §21685 Operator can implement change(s) without EA’s review and approval EA issues Modified SWFP EA issues Revised SWFP

5. Criteria to Determine Processing Route for Proposed Change(s) in Design and/or Operation RFI Amendment §21665(c) meeting all of: 1. EA finds proposed change(s) consistent with all applicable CEQA documents. 2. EA deems the proposed change(s) acceptable and consistent with State Minimum Standards. 3. The EA does not find proposed changes in conflict with existing SWFP. Modified SWFP §21665(d) meeting either of: 1. EA determines change(s) are nonmaterial change(s) per §21563(d)(5). Not result In physical change that would alter approved design or operation of Facility. 2. EA determines proposed change(s) do not require additional restrictions/ prohibitions in SWFP to adequately protect public health, safety, or the environment, or ensure compliance with State Minimum Standards. Revised SWFP Meeting either or both: 1. EA determines pursuant to §21665(e) proposed changes meet definition for significant change in §21563(d)(6) 2. Listed as significant change in §21620(a)(4)(A) thru (D): A. Increase permitted tonnage. B. Increase in facility’s permitted acreage. C. Increase in permitted hours of operation. D. For landfills, increase in permitted disposal area footprint and/or permitted (final grade) maximum overall height • Minor Changes • §21620(a)(1) meeting all criteria (A) thru (D) and operator notifies EA of minor change as required under (F): • Subject to EA’s authority, and • Consistent with State Minimum Standards, and • Consistent with terms and conditions of SWFP, and • Does not conflict with facility’s design and operation as described in current RFI • Operator noticed EA within 30 days after making the change and: • Notice in writing and delivered to EA; • Change and effective date identified in notice; • Notice for informational purposes and not subject to EA compliance measures; however, if EA determines at later date the change does not meet criteria for minor change, EA shall provide finding in writing to operator and require operator to comply with applicable requirements.

6. Minor Change Examples • §21620(a)(1)(E) include, • but not limited to: • 1. Correction of typos. • 2. Changes in training plan. • 3. Changes in contact information. • 4. Changes in emergency equipment. • 5. Replacement of equipment. • 6. Changes in procedures for cleaning or decontamination. • 7. Changes in tanks used for storage without a change in location. • 8. Changes in the rental company or location of backup equipment. • 9. Replacement of monitoring point without change to location or design. • 10. Updates to regulatory documents that are referenced in RFI only. • 11. Changes in containers used for temporary recycling storage. • 12. Changes in narrative information outside permitted boundary. • 13. Change in facility signage. • 14. Changes to protective equipment or safety procedures. • 15. Changes to traffic patterns on-site that do not affect off-site traffic. • 16. Adjacent land use maps. • 17. Location of facility records. • 18. Changes to contact information in post-closure plan. • 19. Changes to equipment maintenance operations. • 20. Acquisition of adjacent property not used for solid waste activities. • 21. Updates to documents that are referenced in RFI only. • 22. Regulation re-numbering as referenced in RFI.

7. Establishes a new requirement that operators include with the permit application a list of all public notices and meetings conducted relative to the permit application. • Establishes a new requirement that operators send one copy of the permit application form to the director of the local agency that oversee local planning. • Removes the requirement that a copy of the CUP be included with the permit application and indicates that the EAs should consider land use entitlements along with all other pertinent permits/approvals when drafting a permit’s terms and conditions.

8. §21570(f) Filing Requirements • All Sites • Form CIWMB E-1-77 (one copy to director of local agency that oversees local planning) • RFI (RDSI or JTD format) • CEQA (including mitigation implementation schedule) • Conformance finding (CIWMP) • List of public hearings/meetings or copies of public notice(s) • Additional Requirements for Disposal Sites Only • Preliminary or final Closure and PCMP • Financial assurances and operating liability • Survey (ground or aerial) completed at least once every five years (> 20 tpd) • In-place waste density and waste-to-cover volumetric ratio, or airspace utilization factor (tons of waste per yd3 of landfill airspace)

9. Requires additional public noticing for RFI Amendments, Modified Permit Applications, Revised and New Permit Applications. • Requires a public informational meeting be held for new and revised full permits, unless a substitute meeting was held and met the criteria for substitute meeting and the operator doesn’t object to the use of a substitute meeting.

11. Timelines for Processing Proposed Changes in Design or Operation Minor Changes - Operator to notify EA in writing within 30 days of implementation, • RFI Amendment • - Operator to submit application to EA at least 180days prior to implementation • - EA to accept/file or reject application within 30days of receipt • EA to notify operator, CIWMB & RWQCB within 5 days of its determination • EA and operator provide public notice within 5 days after approving RFI amendments pursuant to §21660.1(b) • Modified SWFP • EA to accept/file or reject application within 30days of receipt • EA to notify applicant, CIWMB & RWQCB within 5 days of its determination • EA to publicly notice preliminary determination on modified permit within 60 days of application receipt and after acceptance • EA to submit proposed SWFP to applicant, CIWMB & RWQCB within 60days of acceptance • - CIWMB’s Executive Director to concur or object to issuing proposed SWFP within 60days of receipt by CIWMB • New & Revised SWFP • -EA to accept/file or reject application within 30 days of receipt • EA to notify applicant, CIWMB & RWQCB within 5 days of its determination • EA to publicly notice and conduct informational meeting within 60 days of application receipt and after acceptance • -EA to submit proposed SWFP to applicant, CIWMB & RWQCB within 60 days of acceptance and after conducting informational meeting • -CIWMB to concur or object to issuing the proposed SWFP within 60 days of receipt by CIWMB

13. Other Changes • Requires the EA to notify all facility operators when they must apply for a five-year review of the permit. • Requires the EA to have an inspection program that includes unannounced and random, insofar as possible.