Section 18218.8 - Board Processing Requirements(a) Board staff shall evaluate the application package and the proposed temporary permit for compliance with the requirements set forth in this article.(b) Within 15 days of the Board's receipt of a proposed temporary permit, the Executive Director of the Board shall either concur in or object to the issuance of the proposed temporary permit.(c) The Executive Director of the Board shall concur in the issuance of a temporary permit unless he/she makes any of the following determinations: (1) The application package that the enforcement agency submitted to the Board with a proposed temporary solid waste facilities permit is incomplete.(2) The information provided by the applicant and the enforcement agency to demonstrate the nature and level of solid waste handling activities or compostable materials handling activities at the facility in 2007 does not justify the activities proposed at the facility under the proposed temporary permit, is not credible due to a lack of verification or other reasons, or is contradicted and discredited by credible evidence provided to the Executive Director.(3) The enforcement agency's proposed temporary permit developed pursuant to this article does not insure that the facility will be able to operate consistent with applicable standards, as determined by the Executive Director.(d) The failure of an eligible facility to be specified in the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan is not grounds for the Executive Director to object to a proposed temporary permit in that the issuance of a temporary permit does not constitute the establishment or expansion of a solid waste facility for the purposes of Public Resources Code Section 50001.(e) If the Executive Director objects to a proposed temporary permit, he/she shall accompany his/her objection with an explanation of the basis for his/her decision, which may suggest amendments that may correct the deficiencies in the proposed temporary permit; however, such suggestions do not constitute approval of the proposed temporary permit subject to incorporation of the suggestions.(f) Within seven days from the Executive Director's concurrence in, or objection to, a proposed temporary permit, the Board staff shall notify the enforcement agency of the Executive Director's determination in writing. If the Executive Director objects, the reasons for the objection shall be provided to the enforcement agency.Cal. Code Regs. Tit. 14, § 18218.8
Note: Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.