27 CA ADC § 10300

27 CCR s 10300

Cal. Admin. Code tit. 27, s 10300

CALIFORNIA CODE OF REGULATIONS
TITLE 27. ENVIRONMENTAL PROTECTION
DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES
SUBDIVISION 1. PERMITTING
CHAPTER 3. ENVIRONMENTAL PERMITS
ARTICLE 1. STATE ENVIRONMENTAL PERMIT PROCESSING TIMELINES
This database is current through 08/25/06, Register 2006, No. 34.

s 10300. Department of Toxic Substances Control.

For the Department of Toxic Substances Control (DTSC), Title 22,
California Code of Regulations, Sections 66263.11 and 66260.21; Section
25199.6 of the Health and Safety Code; Section 65950, Government Code
establish the following time limits which have been summarized for
informational purposes in Table 1:

(a) DTSC shall review for administrative completeness each hazardous waste
facility permit application and notify the applicant whether the
application is administratively complete within 60 days of receipt. If the
application is incomplete, DTSC shall require the applicant to provide
information necessary to make the application complete. An application is
not deemed to be complete until DTSC notifies the applicant that the
application is administratively complete.

(b) If DTSC is acting as a responsible agency under the California
Environmental Quality Act and the hazardous waste project is a land
disposal facility, DTSC must approve or disapprove the permit:

(1) Within one year from the date on which the lead agency approved or
disapproved the project; or

(2) Within one year from the date on which the completed application for
the project has been received and accepted as technically complete,
whichever is longer.

(c) If DTSC is acting as a responsible agency under the California
Environmental Quality Act and the hazardous waste project is not a land
disposal facility, DTSC must approve or disapprove the permit:

(1) Within 180 days from the date on which the lead agency approved or
disapproved the project; or

(2) Within 180 days from the date on which the completed application for
the project has been received and accepted as technically complete,
whichever is longer.

(d) If DTSC is acting as a lead agency under the California Environmental
Quality Act for a development project that requires an environmental
impact report pursuant to Section 21100 or 21151 of the Public Resources
Code, DTSC must approve or disapprove the permit within six months of the
date the Department certifies that;

(1) the environmental impact report was completed in compliance with the
California Environmental Quality Act (CEQA); and

(2) the decision-making body for the lead agency has reviewed the contents
of the environmental impact report and found it be complete.

(e) DTSC, acting as lead agency, shall complete and certify an
Environmental Impact Report as provided in Section 15090 of the Public
Resources Code within one year after the date when DTSC accepted the
application as technically complete. DTSC may extend the one-year time
limit once for a period of not more than 90 days upon consent of the
applicant.

(f) If DTSC is acting as a lead agency under the California Environmental
Quality Act for a development project for which a negative declaration is
adopted or for which DTSC determines that the project is exempt from the
requirements of Division 13 (commencing with section 2100) of the Public
Resources Code, DTSC must approve or disapprove the permit within three
months of the date of adoption of the negative declaration or the
determination that the project is exempt unless the project proponent
requests an extension of the time. Adoption or approval of the negative
declaration involves the following;

(1) prior to approval of the project, the decision making body of DTSC
shall consider the negative declaration together with any comments
received during the public review process, and Initial Study.

(2) the approval of the negative declaration means that there is
absolutely no reasonable possibility of a significant effect resulting
from a project.

(g) DTSC, acting as lead, shall complete and have ready for approval a
negative declaration for a project within 105 days from the date when the
Department accepted the application as technically complete. The negative
declaration may be approved at a later time when the permit or other
entitlement is approved.

(h) For Hazardous Waste Hauler Registrations:

(1) DTSC shall notify the applicant in writing, within 14 calendar days
after receipt of an application that the application is technically
complete and accepted for filing or that the application is incomplete and
what specific information, documentation or fees, if any, are required to
complete the application.

(2) DTSC shall notify the applicant, in writing, of DTSC's decision
regarding the completeness of an application. The notification shall be
within fourteen calendar days after the date on which DTSC determines the
application to be complete and accepted for filing.

(i) For Equivalent Testing or Analytical Methods Variances:

(1) DTSC must notify the applicant within 60 days after receipt of an
application that the application is technically complete and accepted for
processing or that the application is incomplete and what further
information is required.

(2) DTSC shall, within 180 days of receipt of a technically complete
application, notify the applicant that the variance is granted or denied.

(j) For all other DTSC Variances:

(1) DTSC must notify the applicant within 60 days after receipt of an
application that the application is technically complete and accepted for
processing or that the application is incomplete and what further
information is required.

(2) DTSC shall, within 60 days of receipt of a technically complete
application, notify the applicant that the variance is granted or denied.

(k) These regulations apply only to applications submitted to DTSC on or
after the effective date of the regulations.

Note: Authority cited: Sections 71001 and 71020, Public Resources Code;
Section 15376, Government Code. Reference: Section 71022, Public Resources
Code; Sections 66260.21, 66263.11, 22 CCR; and Section 25199.6, Health and
Safety Code.

HISTORY

1. New chapter 3, article 1 and section filed 7-12-95; operative 8-11-95
(Register 95, No. 28).

2. Change without regulatory effect amending table 1 and adding new
subsection
(h)(2) filed 11-7-95 pursuant to
section 100, title 1, California Code ofRegulations (Register 95, No. 45).
27 CA ADC s 10300

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