27 CCR s 10312

Cal. Admin. Code tit. 27, s 10312

CALIFORNIA CODE OF REGULATIONS
TITLE 27. ENVIRONMENTAL PROTECTION
DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES
SUBDIVISION 1. PERMITTING
CHAPTER 3. ENVIRONMENTAL PERMITS
ARTICLE 2. APPEAL PROCEDURES
This database is current through 08/25/06, Register 2006, No. 34.

s 10312. Local Environmental Permit Agencies that Violate Other Permit
Time Limits.

(a) For the purpose of this section, "local environmental agency" does not
include the agencies described in subdivisions (1) and (6) of Section
10100(l) of Title 27 CCR.

(b) If a local environmental agency fails to take timely action on the
issuance or denial of an environmental permit in accordance with the time
limits established for that agency, the applicant may appeal.

(c) An applicant may submit an appeal to the governing body of a local
environmental agency, or if there is no governing body, to the director of
the local environmental agency, for a determination regarding the failure
by the local environmental agency to take timely action on the issuance or
denial of an environmental permit.

(d) The appeal shall include, at a minimum, the following information;

(1) name of the applicant;

(2) name of the business;

(3) address of the facility;

(4) name of the local environmental agency that failed to take timely
action on the applicant's environmental permit if the applicant appeals
directly to the Secretary pursuant to subsection (f) of this section;

(5) the date that the local environmental agency was to have made a final
determination on the environmental permit;

(6) the name and/or type of environmental permit that the applicant
applied for; and

(7) an explanation of why the applicant is requesting the appeal.

(e) The appeal shall be submitted to the local environmental agency prior
to the applicant providing 7 days advance notice to the permitting agency
of the intent to provide public notice of the project pursuant to
subdivision (b) of Section 65956 of the Government Code.

(f) The applicant may appeal directly to the Secretary whenever any of the
following occurs;

(1) If the local environmental agency declines to accept the appeal
pursuant to subdivision (a) of Section 65956.5 of the Government Code; or

(2) If the local environmental agency fails to issue a final written
determination within 60 days pursuant to subdivision (b) of Section
65956.5 of the Government Code.

(g) The local environmental agency has 60 days after receiving the appeal
to issue a final determination regarding the appeal. The determination
shall include the following;

(1) an explanation of why the local environmental agency failed to act on
the permit application within the established time limits;

(2) the date the local environmental agency shall act on the permit
application.

Note: Authority cited: Sections 71001 and 71020, Public Resources Code.
Reference: Section 65956.5, Government Code.

HISTORY

1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).
27 CA ADC s 10312

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