27 CA ADC § 10313

27 CCR s 10313

Cal. Admin. Code tit. 27, s 10313

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 10313. Completeness Appeals.

(a) An applicant may submit an appeal to the Secretary if the time limits
for processing a completeness determination on an environmental permit
application and any accompanying submitted materials to a Board, Office,
or Department within the California Environmental Protection Agency are
exceeded.

(b) 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 board, office, or department that made the determination;

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

(6) an explanation of why the applicant is making the appeal.

(c) An applicant may submit an appeal to the Secretary rather than the
local environmental agency that is issuing the environmental permit
regarding the time limits for processing a completeness determination on
an environmental permit application and any accompanying submitted
materials to a local environmental agency. The appeal shall be made under
either of the following circumstances:

(1) The local environmental agency has not adopted an appeals process
pursuant to subdivision (c) of Section 65943 of the Government Code.

(2) The local environmental agency declines to accept an appeal for a
decision pursuant to subdivision (c) of Section 65943 of the Government
Code.

(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 made the determination;

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

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

(e) There shall be a final written determination by the Secretary on the
appeal not later than 60 calendar days after the receipt of the
applicant's written appeal.

(f) Pursuant to subdivision (c) of Section 65943 of the Government Code,
if the final written determination on the appeal is not made within the
specified 60-day period, the application with the submitted materials
shall be deemed complete.

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

Note: Authority cited: Sections 71001 and 71020, Public Resources Code.
Reference: Sections 65943.5 and 65943, Government Code.

HISTORY

1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).
27 CA ADC s 10313

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