^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Complete Title
(continued)
Vol. 19
XHOIVISOIM
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TITLE 14. NATURAL RESOURCES
NOMENCLATURE CROSS-REFERENCE
(NOTE: Effective April 1 , 1 990, the Office of Administrative Law authorized the renaming of the
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen-
cies implement these changes in their regulations, use the following Cross-Reference Table for
the new organizational headings used in this Title.)
OLD HIERARCHY REVISED HUERARCHY
Division Division
Part Subdivision
Chapter Chapter
Subchapter Subchapter
Article Article
Section Section
Title 14
Natural Resources
Title Table of Contents
Title 14. Natural Resources
Table of Contents
Division 1 .
Subdivision 1.
Chapter 1.
Chapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Chapter 3.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Chapter 4.
Article 1.
Chapters.
Chapter 5.5.
Article 1.
Article 2.
Article 3.
Page
Fish and Game Commission — Article 4.
Department of Fish and Game 1
Fish, Amphibians and Reptiles l ^
Chapter 6.5.
General Provisions and
Definitions l Chapter 7.
Statewide Regulations for
Fishing and Frogging in Inland
Waters 6
Fishing Methods and Gear
Restrictions 6 Chapter 9.
Fishing Hours 9
Subdivision 2.
Bait Regulations for Inland
Waters 9 Chapter 1.
Species Regulations ii
Chapter 3.
Trout, Salmon and Special
Regulations 18 Chapter 4.
District Definitions 18 Chapter 5.
District General Chapter 6.
Regulations 19
Alphabetical List of Waters Chapter 7.
with Special Fishing Chapter 8.
Regulations 20
Supplemental Regulations 26.14 q, q
Sierra District 26.18
Chapter 10.
Valley District 30
North Coast District 33 ^^ ^^
Chapter 12.
Ocean Fishing 34
Ocean and San Francisco Bay
District 34 Subdivision 3.
Native Reptiles and Amphibians .... 46.9 Chapter 1.
Fishery Management Plans 46.12 Chapter 2.
Fishery Management Plans Chapter 3.
Generally 46.12 ^. , .
^ Chapter 4.
White Seabass Fishery
Management Plan 46.13
Nearshore Fishery Management
Plan 47 Article 1 .
Page
Market Squid Fishery
Management Plan 49
Fish, Commercial 50.1
Fishing Activity Records 82
Capture, Transportation,
Possession, and Sale of
Freshwater Fish for Bait for
Profit 83
Miscellaneous 84
Aquaculture 90.4
Game and Furbearers 108.5
General Provisions and
Definitions 108.5
Big Game 119
Depredation 144.4
Furbearing Mammals 144.5
Nongame Animals 144.9
Migratory Game Birds 144.12
Wildlife and Public Shooting
Areas 148
Shooting Clubs 164.2(a)
Areas Closed to Hunting 164.7
Ecological Reserves 164.7
Management of Fish and Wildlife
on Mihtary Lands 172. ii
General Regulations 172.1 1
Collecting Permits 172.1 1
Commission 176
Miscellaneous 176
Procedural Regulations for
Implementation of the
California Environmental
Quality Act of 1970 I92.2(p)
General I92.2(p)
Page i
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Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 2. Fish and Game As Lead
Agency 192.5
Article 2.5. Certified Regulatory Program
for Adoption of
Regulations 198.1
Article 3. Fish and Game Review
Procedures for EIRs and
Negative Declarations 198.2
Chapter 5. Fish and Game Commission,
Wildlife Conservation Board,
and Department of Fish and Game —
Conflict of Interest Code 198.3
Chapter 6. Regulations for Implementation
of the California Endangered
Species Act 198.3
Article 1. Take Prohibition; Permits
for Incidental Take of
Endangered Species,
Threatened Species and
Candidate Species 198.3
Article 2. Take Incidental to Routine
and Ongoing Agricultural
Activities 198.8
Article 3. Incidental Take Permit
Guidelines for Timber
Operations 198.12
Chapter 7. Regulations for Implementation
of Section 4526 of the
Government Code 199
Article 1. General Provisions 199
Article 2. Specific Provisions 199
Subdivision 4. Office of Spill Prevention and
Response 200.1
Chapter 1. General Definitions and
Abbreviations 200.1
Chapter 2. Financial Responsibility 200.6
Subchapter 1. Certificates of Financial
Responsibility 200.6
Chapter 3. Oil Spill Prevention and
Response Planning 200.10(e)
Subchapter 1. Harbor Safety Committees
and Harbor Safety Plans 200.10(e)
Subchapter 3. Oil Spill Contingency
Plans 200.12
Subchapter 4. Oil Spill Contingency
Plans, Nontank Vessels 200.38(o)
Subchapter 6. Oil Transfer and Vessel
Operations 200.38(z)(i)
CODE OF REGULATIONS Title 14
Page
Article 1. General Requirements 200.38(z)(l)
Article LI. Requirements for the
Transfer of Oil 200.38(z)(2)
Article 1.2. Additional Requirements for
Lightering Operations 200.43
Article 1.3. Transfer Operations
Inspection Program 200.44
Chapter 4. Vessel Requirements 200.45
Subchapter 1. Tank Vessel Escort
Program for the San
Francisco Bay Region 200.45
Article I. 200.45
Subchapter 2. Tank Vessel Escort
Program for the Los
Angeles/Long Beach
Harbor 200.50(c)
Subchapter 3. Tank Vessel Escort
Regulations for Port
Hueneme Harbor 200.50(i)
Subchapter 4. Tank Vessel Escort
Regulations for Humboldt
Bay 200.50(k)
Article 1. General Provisions and
Definitions 200.50(k)
Subchapter 5. Escort Tug Requirements
for San Diego Harbor 200.50(1)
Subchapter 6. Vessel Traffic
Information Service for
the Ports of Los Angeles
and Long Beach 200.50(n)
Article 1 . General Requirements 200.50(n)
Chapter 5. Loans, Claims and Grants 200.51
Subchapter 1. Local Government Grant
Program 200.51
Article 1. General Provisions and
Definitions 200.51
Article 2. Grant Application
Provisions 200.52
Chapter 6. Fund Administration 200.58
Subchapter 2. Oil Spill Prevention and
Administration Fund Fee 200.58
Chapter 7. Compliance 200.59
Subchapter 1. Administrative Compliance
Actions and Hearing
Procedures 200.59
Article 1. Administrative Compliance
Actions and Civil
Penalties 200.59
Article 2. Hearing Procedures 200.61
Page ii
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Title 14
Natural Resources
Page
Determining Amount of Article 6.
Petroleum Hydrocarbons
Recovered 200.62 Article 7
General Provisions and Article 8.
Definitions 200.62 ^^^j^j^ ^
Response Technology 200.64
Licensing and Use of Oil
Spill Cleanup Agents 200.64
^ ,^.. Article 11.
General Provisions 200.64
Licensing Oil Spill Cleanup Article 12
Agents 200.65
Article 13.
Use of Oil Spill Cleanup * • , ,.
^ ^ Article 14.
Agents 200.68
Department of Forestry and Fire
Protection 201 Subchapters.
Department of Forestry and Fire Article 1.
Protection — Conflict of Interest * ■ 1 -,
^ , Article 2.
Code 201
Article 3.
Timber Harvesting Plans 201 Article 4
General 201
Article 5.
General Forest Policies for
California 201 ^^^^^^^ ^•
Forest Practices 201 Article 7.
Abbreviations and Article 8.
Definitions 207 Article 9.
Abbreviations and
Definitions 207 Article 10
Application of Forest
Practice Rules 220.1 Article 11.
Introduction 220.1 Article 12.
Preparation and Review of
Timber Harvesting Plans 221
PRC 4555, Rule Review Subchapter 6.
Procedures 224
^ ^. . Article 1.
Forest District
Boundaries 225 Article 2.
Districts 225 Article3.
^ ^ T^- • Article 4.
Coast Forest District
Rules 226
Article 5.
Introduction 226
Article 6.
Ratings and Standards 226
Silvicultural Methods 233 Article 7.
Harvesting Practices and Article 8.
Erosion Control 241 Article 9
Site Preparation 245
Title Table of Contents
Page
Watercourse and Lake
Protection 246
Hazard Reduction 254.3
Fire Protection 256
Wildlife Protection
Practices 257
Violations of Rules Prior to
Changes 263
Coastal Commission Special
Treatment Areas 263
Logging Roads and Landings 266
County Rules 270.3
Archaeological and
Historical Resource
Protection 282
Northern Forest District
Rules 286
Introduction 286
Ratings and Standards 286
Silvicultural Methods 292
Harvesting Practices and
Erosion Control 298.1
Site Preparation 302
Watercourse and Lake
Protection 303
Hazard Reduction 312.2(e)
Fire Protection 313
Forest Insect and Disease
Protection Practices 314
Violations of Rules Prior to
Changes 319
Logging Roads and Landings 319
Archaeological and
Historical Resource
Protection 324.3
Southern Forest District
Rules 328
Introduction 328
Ratings and Standards 328
Silvicultural Methods 333
Harvesting Practices and
Erosion Control 341
Site Preparation 344
Watercourse and Lake
Protection 345
Hazard Reduction 356.1
Fire Protection 356.3
Wildlife Protection
Practices 356.4
Subchapter 2.
Article 1.
Chapter 8.
Subchapter 1.
Article 1.
Article 2.
Article 3.
Division 1.5.
Chapter 1.
Chapter 1.5.
Article 1.
Chapter 3.5.
Chapter 4.
Subchapter 1.
Article 1.
Subchapter 2.
Article 1.
Article 2.
Article 3.
Subchapter 3.
Article 1.
Subchapter 4.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Page iii
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Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 10. Violation of Rules Prior to
Changes 359
Article 11. Coastal Commission Special
Treatment Areas 359
Article 12. Logging Roads and Landings 361
Article 13. County Rules 364.2
Article 14. Archaeological and
Historical Resource
Protection 364.3
Subchapter 7. Administration 364.6
Article 1 . Timber Operator Licenses 364.6
Article 2. Timber Harvesting Plan 364.9
Article 3. Timber Harvesting Plan
Appeal Procedures 364.26(c)
Article 3.2. Administrative Penalty
Hearing Procedures 364.29
Article 4. Timber Site
Classification 364.30(a)
Article 5. Standardized Stocking
Sampling Procedures 364.30(a)
Article 6. Stocking Standards for
Substantially Damaged
Timberlands 364.32
Article 6.5. Nonindustrial Timber
Management Plan
Administration 364.33
Article 6.75. Sustained Yield Plan 364.39
Article 6.8. Program Timberland
Harvesting Plan 364.42
Article 6.9. Road Management Plan 364.50
Article 7. Conversion of Timberland 364.52
Chapter 4.5. Hearings 364.58
Chapter 5. Board of Forestry — Organization
and Operation 364.58
Subchapter 1. Board Organization and
Procedure 364.58
Article 1. Abbreviations and
Definitions 364.58
Article 2. Membership of Committees . . . 364.59
Article 3. Emergency Meetings 364.59
Article 4. Membership of Committees . . . 364.59
Subchapter 2. Board of Rulemaking Under
Z'Berg-Nejedly Forest
Practice Act 364.59
Subchapter 3. Board Actions Other Than
Rule Making Under the
Z'berg-Nejedly Forest
Practice Act 364.60
CODE OF REGULATIONS
Title 14
Chapter 6.
Article 1 .
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 7.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 1.
Subchapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 3
Article 1.
Article 2.
Article 3.
Chapter 8.
Article 1.
Article 2.
Article 3.
Chapter 9.
Subchapter 1
Article 1.
Page
Hazardous Fire Areas and
Conditions 364.61
General Provisions 364.61
North Coast Region 364.61
Sierra Cascade Region 364.61
South Sierra Region 364.64
Central Coast Region 364.67
Southern California Region 364.69
Fire Protection 364.70
Classification of Private
Lands for Fire Protection 364.70
Fire Extinguisher Test
Standards and Procedures 364.71
Fire Prevention Standards
for Multiposition Small
Engines 364.71
Fire Prevention Standards
for Electric Utilities 364.72
Standards for Cooperative
Fire Protection Contracts
During the Nonfire Season 364.77
Fire Protection
(Reserved) 364.77
SRA Fire Safe
Regulations 364.77
Administration 364.77
Emergency Access 364.80
Signing and Building
Numbering 364.81
Emergency Water
Standards 364.82
Fuel Modification
Standards 364.83
Fire Hazard 364.83
Fire Hazard Severity 364.83
Fire Hazard Reduction
Standard for Railroad Right-
of-Way 364.84
Fire Hazard Reduction Around
Buildings and Structures 364.85
Forest Products, Wood Waste or
Residue Disposal 364.85
Scope 364.85
Methods of Disposal 364.85
Fire Safety Precautions 364.85
State Forests — Use and Sales 364.85
Recreational Use 364.85
Abbreviations and
Definitions 364.85
Page iv
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Title 14
Natural Resources
Page
Camping Area Use 364.86 Article 2.5.
General Restrictions 364.86(a)
Vehicles 364.87
Article 3.
Restricted Use Areas 364.88
Article 4.
Geothermal Development 364.88
Purpose 364.88 Chapter 1 1.
Specific Provisions 364.88
Article 1.
Timber Sales 364.88
Forest Improvement Program 364.89
Introduction 364.89
Article 2.
Eligibility 364.91
Application Procedures 364.92
Guidelines for Cost Sharing . . . 364.92 Chanter 12
Project Review Procedures
and Evaluation Criteria 364.93
Program Administration 364.93
Request for Reconsideration Article 1 .
of Rejected Apphcations 364.94 Article 2.
Resource Protection Article 3.
Guidelines 364.94
Urban Forestry Program Chapter 13.
Procedures 364.95
T.J. .r.c.r Division 2.
Introduction 364.95
Definitions 364.95 Chapter 1.
Eligibility 364.96
Guidelines for Awarding Chapter 2.
Grants 364.97
Application Procedures 364.97
_, . A J • . Article 1.
Project Administration 364.98
1 _. . Article 2.
Appeal Procedures 364.98
Chaparral Management 364.98 Article 3.
Introduction 364.98
Project Eligibility for Article 4.
Contract 364.100 Article 5.
Contract Application and
Cost Sharing Procedures 364.100 ^u . -?
'=' Chapter 3.
Project Review Procedures
and Evaluation Criteria 364.101
Chapter 4.
Request for Reconsideration
of Rejected Applications 364.101
Resource Protection 364.101 Subchapter 1.
Registration of Professional Article 1 .
Fo'-esters 364.102 Article2.
General Provisions 364.102 Article 2 1
Applications 364.107
Title Table of Contents
Page
Applications for
Registration Without
Examination 364.1 10
Examinations 364.1 10
Miscellaneous 364. 1 1 1
Policy for Administration for
the Department 364.112
Policy Guides for
Administration of Statutes
Protecting Natural
Resources 364.112
Policy Guides for
Administration of the Fire
Protection System 364. 1 1 2
Regulations for the
Implementation of the
CaliforniaEnvironmental
Quahty Act 364.113
General 364.113
Exemptions 364.113
Private Services Selection
Policy 364.114
State Responsibility Fees 364.115
Department of Conservation 365
Department of Conservation —
Conflict of Interest Code 365
Implementation of the California
Environmental Quality Act of
1970 367
Definitions 367
General Responsibilities for
Geothermal Projects 367
Application of the Act to
Geothermal Projects 368
Evaluating Projects 368
Evaluation of Environmental
Impact Reports 368.1
Selection of Professional
Service Firms 368.1
Development, Regulation, and
Conservation of Oil and Gas
Resources 369
Onshore Well Regulations 369
General 369
Definitions 369
Well Spacing Patterns — New
Pools 370
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 3.
Article 1.
Article 2.
Subchapter 4.
Chapter 9.5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Chapter 9.7.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Chapter 9.8.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 10.
Article 1.
Article 2.
Page V
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Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 3. Requirements 372
Subchapter 1.1. Offshore Well
Regulations 379
Article 1. General 379
Article 2. Definitions 380
Article 3. Regulations 380
Subchapter 2. Environmental Protection 387
Article 1. General 387
Article 2. Definitions 387
Article 3. Requirements 388
Subchapter 2. 1 . Methane Gas Hazards
Reduction Assistance 390
Subchapter 3. Unit Operations 392
Article 1. General 392
Article 2. Definitions and Standards 392
Article 3. Fees and Costs 393
Article 4. Preliminary Submission 393
Article 5. Petitions 393
Article 6. Hearings 394
Article 7. Orders of the Supervisor 395
Article 8. Offers to Sell 395
Subchapter 4. State- Wide Geothermal
Regulations 396
Article 1. General 396
Article 2. Definitions 396
Article 3. Drilling 397
Article 4. Blowout Prevention 401
Article 5. Completion and Production 401
Article 6. Injection 402
Article 7. Subsidence 403
Article 8. Plugging and Abandonment 404
Article 9. Complaints and Appeals 404
Subchapter 5. Disclosure and Inspection
of Public Records 404
Article 1 . General 404
Article 2. Definitions 405
Article 3. Status Determination 406
Article 4. Disclosure Procedures 406.1
Chapter 5. Division of Recycling 407
Subchapter 1. Definitions 407
Subchapter 2. General Requirements 4ii
Article 1. Certification Application
Procedures 411
Article 2. Content of Certification
Applications 413
CODE OF REGULATIONS Title 14
Page
Article 4. General Accounting
Requirements 425
Article 5. Administrative Actions 430
Subchapter 3. Manufacturers 432
Article 1. Labeling 432
Article 2. Accounting and Reporting
Requirements for Container
Manufacturers 432
Article 3. Accounting and Reporting
Requirements for Beverage
Manufacturers 432
Subchapter 4. Distributors 432.2
Article I. Distributor Requirements 432.2
Subchapter 5. Processors 432.4
Article 1. Requirements for Processors ... 432.4
Article 2. Notification Requirements 432.4
Article 3. Accounting and Reporting
Requirements 432.5
Subchapter 6. Recycling Centers 432.9
Article 1. Requirements for Recycling
Centers 432.9
Article 1.5. Requirements for Nonprofit
Dropoff Programs 432.12
Article 2. Handling Fees 432.12
Article 3. Accounting and Reporting
Requirements 432.13
Subchapter 7. Dropoff or Collection
Programs 432.16(a)
Article 1 . Requirements for Dropoff or
Collection Programs 432.16(a)
Article 2. Accounting and Reporting
Requirements 432.16(b)(1)
Article 3. Individual Commingled
Rate 432.16(b)(2)
Subchapter 8. Curbside Programs 432.16(d)
Article 1. Curbside Registration 432.16(d)
Article 2. Individual Commingled
Rate 432.16(0
Article 3. Quality Glass Incentive
Payments 432.16(h)
Subchapter 9. Community Service
Programs 432.16(1)
Article 1. Requirements for Community
Service Programs 432.16(1)
Article 2. Accounting and Reporting
Requirements 432.16(1)
Article 3. Individual Commingled
Rate 432.16(1)
Subchapter 10. Exemptions 432.l6(r)
Page vi
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Title 14
Natural Resources
Page
Exemption Standards 432.l6(r) Article 12.
General Requirements 432.]6(r)
Pacific Beach Pilot ^^^^^^ ^^■
Mobile Recycfing
Program 432.18(c) Article 14.
General Requirements 432.18(c)
Quality Incentive
Payments 432.18(c) Division 3.
General Requirements 432.18(c)
Plastic Market Chapter 1.
Development Payments 432.18(g)
Chapter 2.
General Requirements 432.18(g)
DOR Requirements 432.180)
DOR Determinations and Chanter 3
Calculations 432.i8(j)
Processing Fees and Chapter 4.
Processing Payments 432.19 Chapter 5
Handling Fee Payments 432.28
^ Chapter 6.
Office of Land Conservation 433
Mining and Geology 435 Chapter 7.
State Mining and Geology Chapters.
Board 435
Chapter 9.
Surface Mining and
Reclamation Pracfice 435
Areas Designated to Be of
Regional Significance 438
Policies and Criteria of the
State Mining and Geology Chapter 10.
Board with Reference to the
Alquist-Priolo Earthquake Chapter 11.
Fault Zoning Act 442
Designation Appeal
Procedures 444 chapter 11.5.
Reclamation Plan Appeals 446
Mineral Resource Management Chapter 11.7
Policies 446.2
„. . , . . , Chapter 12.
Financial Assurances Appeal ^
Procedures 446.2 Chapter 13.
Fees Schedule 446.2(b)
Reclamation Standards 446.7 Chapter 14.
Seismic Hazards Mapping 446.11
Selection of Professional Chapter 15.
Service Firms 446.12
Financial Assurance Article 1.
Mechanisms 446.12(a) Article 2
Forfeiture of Financial
Assurance 446.13
Title Table of Contents
Page
Administrative Penalty
Petifion Procedures 446.14
Selection of Professional
Service Firms 446.18
Appeals of Orders to Comply
with the Surface Mining and
Reclamafion Act of 1975 446.19
Department of Parks and
Recreation 447
General 447
Vehicles, Boats, Aircraft,
Horses, and Operator Propelled
Devices 452
Concessions 453
Camping 453
Hunfing 455
Provisions Limited to Specific
Units 457
Aquatic and Boafing 461
Winter Sports 462
Selecfion Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construcfion Project
Management Firms 462.1
Classificafion of Park Units 462.2
Department of Parks and
Recreation — Conflict of Interest
Code 465
California Register of
Historical Resources 465
Recreafional Trails Program 466.7
Land and Water Conservation 466.7
Roberti-Z'berg Urban Open Space
and Recreafion Program 467
California Exposition and State
Fair (Cal-Expo) 468
Off-Highway Vehicle Grant
Program Regulafions 469
General Provisions 469
Types of Projects and
Specific Application and
Content Requirements 470
Article I.
Arficle 2.
Subchapter 11.
Article 1.
Subchapter 11.5.
Arficle 1.
Subchapter 11.8.
Article 1.
Subchapter 12.
Article 1.
Arficle 2.
Arficle 3.
Chapter 6.
Chapter 8.
Subchapter 1.
Arficle 1 .
Article 2.
Article 3.
Arficle 4.
Arficle 5.
Arficle 6.
Arficle 7.
Arficle 8.
Article 9.
Arficle 10.
Arficle 10.5.
Arficle 1 1 .
Article 11.5.
Page vii
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Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 3. Environmental and Match
Requirements 470.3
Article 4. Application Evaluation
System 470.5
Article 5. Accounting, Annual Audits
and Performance Reviews,
and Site Visits 470.5
Chapter 15.5. Off-Highway Motor Vehicle
Recreation Grants and
Cooperative Agreements Program
Regulations 470.9
Article 1. General Provisions 470.9
Article 2. Types of Projects and
Specific Application and
Content Requirements 470.13
Article 3. Environmental and Match
Requirements 470.15
Article 4. Application Evaluation and
Approval of Project
Agreements 470.17
Article 5. Project Administration
Procedures 470.18
Chapter 16. Relocation Assistance 470.19
Article 1. General Provision 470.19
Division 4. Department of Boating and
Waterways 471
Chapter 1. Department of Boating and
Waterways 471
Article 1. Planning Loan Regulations 471
Article 1.1. Public Small Craft Harbor
Loan Regulations 471
Article 1.2. Launching Facility Grant
Regulations 473
Article 1.3. Floating Rest Room Grant
Regulations 474
Article 1.4. Recreational Marina Loan
Regulations 474
Article 2. Vessel Waste Disposal 474.2
Article 3. Boating Accident and
Casualty Reporting 474.2
Article 4. Equipment Requirements 474.4
Article 4.1. Capacity Plate 483
Article 4.5. Law Enforcement Vessels 483
Article 4.5. 1 . Boating Safety and
Enforcement Financial Aid
Program 483
CODE OF REGULATIONS Title 1 4
Page
Article 4.6. Multi-Jurisdictional Vessel
Restrictions 484.5
Article 5. Pilot Rules and Rules of the
Road 484.6
Article 5. 1 . Closure of Waterways to
Recreational Boating 490
Article 6. Waterway Marking System 490.1
Article 7. For Hire Vessel Operator's
License 492
Article 8. Yacht and Ship Broker
Licenses 494
Article 9. Small Boat Towing and
Safety 497
Article 10. Boating Safety Education
Regulations 498
Article 11. Selection Process for
Private Architectural,
Landscape Architectural,
Engineering, Environmental,
Land Surveying and
Construction Project
Management Firms 498
Chapter 2. Regulations for Implementation
of the California Environmental
Quality Act of 1970 500
Chapter 3. Conflict of Interest Code 500
Division 5. San Francisco Bay Conservation
and Development
Commission 503
Chapter 1 . General Provisions 503
Article 1. Interpretation of
Regulations 503
Article 2. Definitions 503
Article 3. Boundary and Jurisdictional
Questions 505
Chapter 2. The Commission, the Staff, and
the Advisory Review Boards 505
Article 1. Regular Meetings 505
Article 2. Special Meetings 506
Article 3. Emergency Meetings 506
Article 4. Meetings — Quorum and
Procedures 506
Article 5. Officers 507
Article 6. Staff 508
Article 7. Advisory Boards 508
Article 8. Ex Parte Communications 508
Page viii
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Title 14
Natural Resources
Page
Major Permits Procedures: Article 2.
Applications, Amendments to
Applications, and Application Article 3
Summaries 508.2
Definitions 508.2 Subchapter 2.
Definitions 508.2 Article 1
Applications for a Major Article 2.
Permit 508.2
Article 3.
Application Requirements 508.2
Schedule of Fees for Filing
and Processing Permit
Applications 510.1 Article 1.
Filing Procedures 510.1
Article 2.
Distribution or
Applications 511 Article 3.
Amendments to Applications 511
Article 4.
Summaries of Applications
for Major Permits 512 Chapter 8.
Major Permit Procedures: Article 1 .
Commission Hearings and Public
Comments on Applications 512
Commission Hearings 512
Scheduling Public Hearings 512 , . , ^
^ Article 3.
Hearing Procedures and Field
Trips 513 Chapter 9.
Additional Hearings,
Withdrawal, and Off- Article 1 .
Calendar Items 513
Public Comments on Article 2.
Applications 514 ^, , _
^^ Chapter 10.
Major Permit Procedures:
Approval or Denial of Permits 514
Staff Recommendations 514
Article 1.
Voting 515
^ Article 2.
Issuance of Permits 517
^ . , „^ Chapter 11.
Denial of Permits 518 ^
Notice of Completion 518 Chapter 12.
Permit Procedures:
Administrative and Emergency Article 1
Permits 518
Procedures for Permits Article 2
for Minor Repairs or
Improvements
(Administrative
Permits) 518 Chapter 13.
Definitions 518 Subchapter 1.
Title Table of Contents
Page
Applications for
Administrative Permits 519
Approval or Denial of
Administrative Permits 520
Emergency Permits 521
Applications 521
Procedures 52 1
Emergency Repairs to
Maintain Public Services 522
Special Rules 522
Special Rules for Non- Water-
Oriented Fills 522
Other Special Rules 523
Fees for Commission
Documents 524.1
Dredging 524.1
Amendments to Permits 524.2
Determination of Materiality
or Nonmateriality of a
Proposed Amendment 524.2
Amendments to Administrative
Permits 524.2
Amendments to Major Permits ... 525
Expansion of Existing Uses and
Claims of Exemption 526
Resolutions on Expansion of
Existing Uses 526
Claims of Exemption 526
Amendments to the San Francisco
Bay Plan or the Suisun Marsh
Protection Plan and Other
Planning Matters 527
Plan Amendments 527
Other Planning Matters 528.5
Special Area Planning 528.6
Certification and Amendment of
Suisun Marsh Local Protection
Program 529
Certification of Local
Protection Program 529
Amendment of the Suisun
Mtirsh Local Protection
Program 530
Enforcement Procedures 531
General Provisions 531
Chapter 3.
Subchapter I.
Article 1.
Subchapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 3.
Chapter 4.
Subchapter 1.
Article 1.
Article 2.
Article 3.
Subchapter 2.
Chapters.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Chapter 6.
Subchapter 1 .
Article 1.
Page ix
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Page
Subchapter 2. Procedures for the
Issuance of Cease and
Desist Orders, Permit
Revocation Orders, and
Civil Penalty Orders 532
Article 1 . Definitions 532
Article 2. Commission Cease and Desist
Orders, Permit Revocation
Orders, and Civil Penalty
Orders 532
Chapter 14. Marsh Development Permits Issued
by Local Governments and
Appeals Therefrom 538.2
Subchapter 1. Marsh Development Permits
Issued by Local
Governments 538.2
Article 1. Application 538.2
Article 2. Marsh Development Permits
Issued by Local
Governments 539
Article 3. Issuance of Local Marsh
Development Authorizations 539
Article 4. Commission Review of Marsh
Development Authorization 540
Subchapter 2. Appeals to the Commission
of Local Marsh
Development
Authorizations 540
Article 1 . Filing Appeals 540
Article 2. Appeal Procedures 541
Chapter 15. Implementation of the California
Environmental Quality Act 541
Subchapter 1. When the Commission Is
the Lead Agency 541
Article 1. Environmental Determinations
of Exemption 541
Article 2. Initial Environmental
Information and
Determination If
Environmental Assessment
Required 542
Article 3. Preparation of an
Environmental Assessment 542
Article 4. Use of Consultants 542
Article 5. Environmental Fees 543
Article 6. Appeals 544
Subchapter 2. When the Commission Is a
Responsible Agency 544
CODE OF REGULATIONS Title 14
Page
Chapter 16. San Francisco Bay Conservation
and Development Commission —
Conflict of Interest Code 544
Chapter 17. Region wide Permits 545
Article 1. Issuance of Regionwide
Permits and Abbreviated
Regionwide Permits 545
Article 2. Notice of Intent to Proceed
Under Regionwide Permits 545
Article 3. Notice of Intent to Proceed
Under Abbreviated
Regionwide Permits 546
Chapter 18. Selection of Consultants to
Provide Selected Professional
Services in the Following
Areas: Architecture, Landscape
Architecture, Engineering, Land
Surveying, Environmental, and
Construction Project
Management 580.12
Chapter 19. San Francisco Bay Plan 580.14
Chapter 20. San Francisco Bay Area Seaport
Plan 580.16
Chapter 21. Special Area Plans 580.18
Chapter 23. Suisun Marsh Protection Plan 580.18
Chapter 24. Suisun Marsh Local Protection
Plan 580.19
Division 5.2. Colorado River Board of
California 581
Chapter 1. Guidelines for the Evaluation of
Projects Under the California
Environmental Quality Act of
1970 581
Chapter 2. Colorado River Board of
California — Conflict of Interest
Code 582
Division 5.3. California Tahoe
Conservancy 583
Article 1. Definitions 583
Article 2. Conservancy Meetings 583
Article 3. Legal Actions 583
Article 4. Implementation of California
Environmental Quality Act 583
Article 5. California Tahoe Conservancy —
Conflict of Interest Code 584
Page X
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Title 14
Natural Resources
Page
California Tahoe Regional Article 12.
Planning Agency 587
Article 13.
California Coastal
Commission 589 . . , , .
Article 14.
General Provisions 589 Article 15.
Interpretation of Article 16.
Regulations 589 Article 17.
Definitions 589 Article 18.
Official Records 589 Subchapter 2.
Meetings 590 c u u . ^
'^ Subchapter 3.
Regular Meetings — Time 590
Regular Meetings — Notice 590
Special Meetings 590
Subchapter 4.
Emergency Meetings 590
Meetings — Quorum and Article 1
Procedures 590 a _■ i o
Article 2.
Officers and Staff 591 Article 3.
Officers ; 591 Article 4.
Staff 591
Subchapter 5.
California Coastal Commission —
Conflict of Interest Code 592 Article 1
Coastal Development Permits Article 2.
Issued by Coastal Commissions 592
Regular Permits 593 Article 3.
When Local Applications Must
Be Made First 593 ^^^^^^ ^■
Application for Permit 593 , . , ^
^^ Article 5.
Applicant's Notice c u u . /:
^^ Subchapter 6.
Requirements 594
Article 1.
Schedule of Filing Fees for . . ^
D D -7 Article 2.
Processing Permit
Applications and Other
Filings 595 Article 3.
Determination Concerning
Filing 596 Articled
Staff Reports 596.1 . ,
Article 5.
Public Comments on a_- i ^
Article 6.
Applications 597
Article 7.
Hearing Dates 597 ^ , ,
Subchapter 7.
Oral Hearing Procedures 598
Field Trips 598 Article 1.
Additional Hearings,
Withdrawal and Off-Calendar Subchapter 8.
Items, Amended
Applications 599
Title Table of Contents
Page
Preparation of Staff
Recommendation 599
Commission Review of Staff
Recommendation 600
Voting Procedure 600
Consent Calendar Procedures 601
Revocation of Permits 602
[Reserved] 603
Reconsideration 603
Appeals to State
Commission 603
Applications Filed Under
the California Coastal
Zone Conservation Act of
1972 605
Permits for an Approval
of Emergency Work 605
General 605
Apphcations 605
Procedures 605
Emergency Actions Without a
Permit 606
Procedures for
Administrative Permits 606
General 606
Application for
Administrative Permits 606
Criteria for Granting
Administrative Permits 606
Reports on Administrative
Permits 607
Appeals 607
Permits 607
Format of Permits 607
Notice of Receipt and
Acknowledgment 607
Time for Issuing Permits and
Distribution 608
Disputes over Contents of
Permits 608
Amendments to Permits 608
Extension of Permits 608.1
Transfer of Permits 608.2
Enforcement and Violation
of Permits 608.2
Enforcement
Responsibilities 608.2
Procedures for the
Issuance of Commission
Cease and Desist Orders 608.2
Division 5.4.
Division 5.5.
Chapter 1.
Article 1 .
Article 2.
Article 3.
Chapter 2.
Article 1 .
Article 2.
Article 3.
Article 4.
Article 5.
Chapter 3.
Article 1.
Article 2.
Chapter 4.
Chapter 5.
Subchapter 1
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10,
Article 11.
Page xi
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Page
Subchapter 9. Procedures for the
Issuance of Restoration
Orders 608.7
Chapter 6. Exclusions from Permit
Requirements 608.8
Subchapter 1. Claims of Vested Rights 608.8
Article 1. Review Provisions 608.8
Article 2. Grant of Claim 609
Subchapter 2. Vested Rights Under the
California Coastal Zone
Conservation Act of
1972 609
Subchapter 3. Permits Approved by the
California Coastal Zone
Conservation Commission
Prior to January 1 ,
1977 609
Subchapter 3.5. Development on Parcels
Added to the Coastal
Zone on January 1, 1980 609
Article 1. Review Provisions 609
Article 2. Grant of Claim 610
Subchapter 4. Urban Land Exclusion 610
Article 1 . Commission Review
Procedures 610
Article 2. Environmental Impact Review
Pursuant to the California
Environmental Quality Act 612
Article 3. Implementation of Urban
Exclusion Order 612
Article 4. Relationship to Local
Coastal Program 612
Subchapter 4.5. Waiver of Permit
Requirements for De
Minimis Development 612
Subchapter 5. Categorical Exclusions 613
Article!. Commission Review
Procedures 613
Article 2. Implementation of
Categorical Exclusion
Order 614
Subchapter 6. Existing Single-Family
Residences 614
Subchapter 7. Repair and Maintenance
Activities That Require
a Permit 615
CODE OF REGULATIONS Title 14
Page
Subchapter 7.5. Improvements to
Structures, Other than
Single-Family Residences
and Public Works
Facilities That Require
Permits 616
Subchapter 8. Minor Adjustments to the
Coastal Zone Boundary 616
Article 1. Boundary Adjustment and
Boundary Determination
Requests 6]6
Article 2. Commission Action on
Boundary Adjustment
Request 617
Article 3. Commission Hearing and
Voting Procedure 617
Article 4. Withdrawal and
Reapplication 618
Chapter 7. Coastal Development — Permits
Issued by Local Governments and
Other Public Agencies 618
Subchapter 1. Coastal Development
Permits Issued by Local
Governments 618
Article 1 . Local Government Coastal
Development Permit Program — 618
Article 2. Requirements for the Local
Government Coastal
Development Permit System . . . 618.1
Article 3. Local Government Issuance of
a Coastal Development
Permit 619
Article 4. Coastal Commission Review of
Local Coastal Development
Permit 620
Subchapter 1.5. Permits Issued and
Reviewed by Local
Governments and the
Commission Pursuant to
Certified Land Use
Plans 621
Article 1 . Procedures for the Issuance
of Administrative Permits
by a Local Official 621
Article 2. Emergency Permit
Applications Processed by
Local Officials 622
Article 3. Appeals to State Commission
Prior to Certification of a
Local Coastal Program 623
Subchapter 2. Public Works Plans 624
Page xii
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Title 14
Natural Resources
Page
Scope and Applicability of Article 17.
Subchapter 624
Application Requirements 624 Article 18.
Plan Review, Procedures and
Findings 625 Subchapter 6.
Project Review 625 Article 1.
Project Review After Article 2.
Certification of Local
Coastal Program 626
Amendment of Public Works Article 3.
Plan 626
Article 4.
Implementation Plans 627
Local Coastal Programs Article 5
(LCPs) and State
University or College
Long Range Development Article 6.
Plans (LRDPs) 627
Scope and Definitions 627
Issue Identification 627
Chapter 9.
(Reserved) 628 ^ , ,
Subchapter 1.
Methodology 628
Public Participation 630
Preliminary Review of LCPs
and LRDPs 630
Submission of LCPs and
LRDPs 631 -All
Article 1.
General Review Procedures a _♦• i o
Article 2.
for LCPs and LRDPs 632
Article 3.
Review ot Land Use Plans:
Determination of
Substantial Issue 632 Chapter 10.
Commission Action on Land Subchapter 1.
Use Plans and LRDPs 633
Commission Action on
Implementation Actions of
LCPs 635
Confirmation of LCP
Certification 635
Confirmation of Final and _,
Effective LRDP Chapter 11.
Certification and
Subsequent Review of Subchapter 2.
Development Projects 636
Amendments to Certified LCPs
^""LRDPs 637 Divi3ion5.6.
Environmental Impact Review —
Local Coastal Programs and Chapter 1.
Long Range Development Article 1.
Plans 638
Title Table of Contents
Page
Local Coastal Program
Implementation Regulations 639
Map Requirement and Boundary
Determination Criteria 641
Ports 642
Scope and Jurisdiction 642
Delineation of an Area as a
Wetland, Estuary, or
Existing Recreation Area 643
Coastal Development Permits
Prior to Certification 643
Preparation and Review of
Port Master Plans 643
Notification and Appeals
After Certification 645
Environmental Impact Review —
Port Master Plans and
Development Undertaken in
Port Areas 645
Sewage Treatment Works 646
Review of Sewage
Treatment Works for
Which Request for State
and/or Federal Funding
Has Been Made to the
State Water Resources
Control Board 646
Scope 646
Completeness of Application 646
Filing, Hearings, and
Appeals 647
Federal Consistency 647
Commission Procedures for
Consistency
Certifications for Outer
Continental Shelf (OCS)
Exploration, Development
or Production Plans for
OCS Related Federal
Permits 647
Energy Facilities and LCP
"Override" Procedures 650
Certified Local Coastal
Program (LCP) Amendment
"Override" Procedures 650
State Coastal Conservancy 653
General Provisions 653
Interpretation of
Regulations 653
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 8.
Subchapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14,
Article 15.
Article 16.
Page xiii
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Chapter 2.
Article 1.
Article 2.
Chapter 3.
Article 1.
Chapter 4.
Chapter 5.
Chapter 6.
Chapter 7.
Article 1.
Article 2.
Chapter 8.
Article 1.
Article 2.
Article 3.
Division 5.7.
Chapter 1.
Chapter 2.
Chapter 4.
Chapter 5.
Page
Meetings 653
Notice 653
Quorum and Procedures 653
Officers and Staff 653
Officers 653
Procurement of Private
Architectural or Engineering
Services 654
Procedures for Acquisition of
Interests in Real Property
State Coastal Conservancy —
Conflict of Interest Code
Experimental Fishing Gear Loan
Program
Authority and Purpose
Loan Program Establishment
and Operation
654
654
654
654
655
Contracting Process for Private
Architectural, Engineering,
Environmental, Land Surveying
or Construction-Project
Management Firms
General Provisions
Procedures for Procuring
Services
657
657
658
Disabled Veteran Business
Enterprise Participation
Goals for Contracts with
Private Architectural,
Landscape Architectural,
Engineering, Land
Surveying, Construction-
Project Management, and
Environmental Services
Firms
659
Santa l\/lonica l\/lountains
Conservancy 661
Project Plans 661
Santa Monica Mountains
Conservancy — Conflict of
Interest Code 661
Project Initiation 661
Project Plans 662
Division 5.8.
Chapter 1.
Chapter 2.
Division 6.
Article 1.
Article 2.
Article 3.
Chapter 2.5.
Chapter 3.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 6.5.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 11.5.
Article 12.
Article 12.5
Article 13.
Page
San Gabriel and Lower Los
Angeles Rivers and Mountains
Conservancy 662.1
San Gabriel and Lower Los
Angeles Rivers and Mountains
Conservancy
662.1
Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms
662.1
Resources Agency 663
Definitions 663
General Provisions 663
Special Provisions 664.2
Dredging Projects in
San Francisco Bay 664.3
Guidelines for Implementation of
the California Environmental
Quality Act 664.3
General 664.3
General Responsibilities 666
Authorities Granted to
Public Agencies by CEQA 667
Lead Agency 668
Preliminary Review of
Projects and Conduct of
Initial Study 669
Negative Declaration
Process 675
Statutory Exemptions 678
EIR Process 678
Time Limits 686
Contents of Environmental
Impact Reports 688
Considerations in Preparing
EIRs and Negative
Declarations 693
Types of EIRs 697
Master Environmental Impact
Report 700
Special Situations 702
Exemptions for Agricultural
Housing, Affordable
Housing, and Residential
Infill Projects 704.2
Review and Evaluation of
EIRs and Negative
Declarations 704.6
Page xiv
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Title 14
Natural Resources
Page
Projects Also Subject to the Article 2.
National Environmental Article 3
Policy Act (NEPA) 707 ^^.^j^ ^^
Litigation 709
EIR Monitor 709 Article 5.
Exemption for Certified Article 6.
State Regulatory Programs 709 Article 7.
Statutory Exemptions 711
Categorical Exemptions 714.2 Article 8.
Definitions 714.8
Chapter 3.
Resources Agency — Conflict of
Interest Code 714.30 * ■ , i
Article 1.
Office of Planning and Article 2.
Research 71 5 Article 3.
Regulations for Designation of
Lead Agency for the Preparation ^ ' '
of Environmental Documents 715 Article 4.
General 715 Article4.1.
Purpose 715
Article 4.5.
Policy 715
Submission of Dispute to
OPR 715 Article 5.
Designation on the
Statements 716 Article 5.4.
Hearing 716
Administrative Record 717 Article 5.5.
California Integrated Waste Article 5.6.
Management Board 71 9
General Provisions 719
Emergency Waiver of Article 5.7.
Standards 719
Contracting with
Architectural, Engineering,
Environmental, Land
Surveying and Construction
Project Management Firms 720.1 Article 5.8.
Implementation of Federal
Laws 720.3 Article 5.9.
Public Records 720.4
Unreliable Contractors,
Subcontractors, Borrowers
and Grantees 720.5 Article 5.95.
Planning Guidelines and
Procedures for Preparing,
Revising and Amending County Article 6 0
Solid Waste Management Plans 720.7
Authority 720.7
Title Table of Contents
Page
Purpose and Intent 720.8
Definitions 720.8
Comphance and
Compatibility 721
Responsibility 721
Contents of the Plan 721
Procedures for Preparing and
Revising Plans 722
Procedures for Amending
Plans 723
Minimum Standards for Solid
Waste Handling and Disposal 723
General 723
Purpose and Intent 724
Emergency Waiver of
Standards 724
Temporary Waiver of Terms 726
Definitions 729
Waste Tire Program
Definitions 732
Implementation of Federal
Municipal Solid Waste
Landfill Minimum Standards 733
Solid Waste Storage and
Removal Standards 735
Waste Tire Monofill
Regulatory Requirements 736
Waste Tire Storage and
Disposal Standards 736.3
Nonhazardous Petroleum
Contaminated Soil
Operations and Facilities
Regulatory Requirements 736.5
Hazardous Waste Disposal
Facilities Disposing
Nonhazardous,
Nonputrescible, Industrial
Solid Waste Regulatory
Requirements 737
Nonhazardous Ash Regulatory
Tier Requirements 738.1
Construction and Demolition
and Inert Debris Transfer/
Processing Regulatory
Requirements 738.5
Construction and Demolition
Waste and Inert Debris
Disposal Regulatory
Requirements 738.14
Transfer/Processing
Operations and Facilities
Regulatory Requirements 738.19
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Chapter 4.
Division 6.3.
Chapter 1 .
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Division 7.
Chapter 1.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Chapter 2.
Article 1.
Page XV
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Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 6.1. Siting and Design 744
Article 6.2. Operating Standards 744
Article 6.3. Record Keeping
Requirements 744.3
Article 6.35. Additional Operating
Requirements for Facilities
Only 744.3
Article 6.4. Transfer/Processing Station
Standards 744.4
Article 7.1. Disposal Site Standards —
General 744.6
Article 7.2. Disposal Site Siting and
Design 745
Article 7.3. Disposal Site Records 745
Article 7.4. Disposal Site Improvements 745
Article 7.5. Disposal Site Operations 745
Article 7.6. Disposal Site Controls 747
Article 7.8. Disposal Site Standards
Closure and Postclosure 748
Article 8. Agricultural Solid Waste
Management Standards 752
Article 9. Litter Receptacle Standards 755
Chapter 3.1. Compostable Materials Handling
Operations and Facilities
Regulatory Requirements 755
Article 1. General 755
Article 2. Regulatory Tiers for
Composting Operations and
Facilities 758
Article 3. Report of Facility
Information 762
Article 4. Standardized Composting
Permit Terms and
Conditions 762
Article 5. Composting Operation and
Facility Siting and Design
Standards 762
Article 6. Composting Operating
Standards 762.1
Article 7. Environmental Health
Standards 762.1
Article 8. Composting Operation and
Facility Records 762.3
Article 9. Composting Facility Site
Restoration 762.4
Chapter 3.5. Standards for Handhng and
Disposal of Asbestos Containing
Waste 763
CODE OF REGULATIONS Title 14
Page
Article 1. General 763
Article 2. Standards 764
Article 3. Excavation Requirements 765
Article 4. Closure and Post Closure 766
Article 5. LEA Standards and
Authorization 766
Chapter 4. Resource Conservation Programs 766
Article 1. Recycling Market Development
Zone Designation Process 766
Article 1.1. Recycling Market Development
Revolving Loan Program 767
Article 1.2. Leveraging the Recycling
Market Development Zone
Revolving Loan Fund 770
Article 2. Recycling InvestmentTax
Credit Program 770. l
Article 3. Rigid Plastic Packaging
Container Program 770.1
Article 4. Recycled Content Newsprint 780
Article 5. Recycled Content Trash Bag
Program 785
Article 6. At-Store Recycling Program
Recordkeeping, Reporting
and Measurement 790
Chapter 4.5. Farm and Ranch Solid Waste
Cleanup and Abatement Grant
Program 792
Article 1. Authority 792
Article 2. Definitions 793
Article 3. Eligibility Requirements 793
Article 4. Grant Process 794
Article 5. Property Owner Grant
Application Request 794.1
Chapter 5. Enforcement of Sohd Waste
Standards and Administration of
Solid Waste Facility Permits;
Loan Guarantees 794.2
Article I. Definitions and General
Provisions 794.2
Article 2. Designation of a Local
Agency and the Appointment
of Hearing Panels or
Hearing Officer 795
Article 2. 1 . LEA Certification
Requirements 797
Article 2.2. LEA Performance Standards,
Evaluation Criteria, and
Duties and
Responsibilities 800
Page xvi
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Title 14
Natural Resources
Page
Board Actions over LEAs 802 Article 4.
LEA Grants 803 Article 5.
Regulatory Tier Article 6.
Requirements 804
Application for Solid Waste Article 7.
Facilities Permits 804.5 Article 8.5.
Temporary Solid Waste
Facilities Permits 805
Reports of Facility
Information 806.2(b)
Financial Responsibility for
Operating Liability
Claims 806.2(0 Article 9.
Application and Approval of
Closure and Postclosure
Maintenance Plans 806.2(g)
Financial Responsibility for
Closure and Postclosure
Maintenance 806.4
Enforcement by EA and Review a • i 1 1
, _. , /\mcjc ii.
by Board 806.7
Enforcement by Board 806. 1 1
Inventory of Solid Waste
Facilities Which Violate Chapter 7
State Minimum Standards 806.12
Article 1.
Criteria, Priority and a ' i i i
Administration of the Loan
Guarantee Program Provided Article 2.
Pursuant to the Waste Article 2. 1 .
Disposal Site Hazard
Reduction Act of 1987 806.12(a) Article 2 2
California Integrated Waste Article 3.
Management Board — Conflict of
Interest Code 806.32 Article 4.
Permitting of Waste Tire Article 5 .
Facilities and Waste Tire Chapter 7 2
Hauler Registration and Tire
Manifests 806.33 ....
Article 1.
General 806.33 a _■ i '^
Article 2.
Review of Permit Article 3.
Applications 806.34
Permit Issuance, Renewal,
Revision, Revocation, Article 4.
Denial, Suspension, a • i -c
Reinstatement, Change of
Owner, Operator, and/or
Address 806.35 Chapter 8.
Enforcement Criteria for Article 1 .
Waste Tire Facilities 806.36
Title Table of Contents
Page
Permit Application 806.38
Closure 806.39
Inspection of Waste Tire
Facihties 806.40
Records 806.40
Waste Tire Hauler
Registration and
Manifesting Requirements
for Used and Waste Tire
Haulers, Retreaders, Used
and Waste Tire Generators,
and Used and Waste Tire End-
Use Facilities 806.41
Financial Assurance
Requirements for Closure of
a Major Waste Tire
Facility 806.53
Financial Responsibility for
Operating Liabihty Claims
of Major Waste Tire
Facilities 806.58
Financial Assurances
Enforcement Procedures for
Major Waste Tire
Facilities 806.65
Special Waste Standards 806.66
General 806.66
Definitions 806.66
General Provisions 806.66(a)
Non-Discretionary
Grants 806.66(b)
Discretionary Grants 806.67
Used Oil Collection
Demonstration Grant 806.69
General Provisions 806.69
Grants 806.69
Playground Safety and Recycling
Act Grant Program 806.69
General 806.69
Definitions 806.69
Eligible Local Public
Agencies and Eligible
Projects 806.69
Selection Process 806.70
Grant Amount and Eligible
Costs 806.70
Used Oil Recycling Program 806.70(a)
General Provisions and
Definitions 806.70(a)
Article 2.3.
Article 2.3.
Article 3.0.
Article 3.1.
Article 3.1.1.
Article 3.2.
Article 3.3.
Article 3.4.
Article 3.5.
Article 4.
Article 5.
Article 5.1.
Article 6.
Chapter 5.9.
Chapter 6.
Article 1.
Article 2.
Article 3.
Article 3.5.
Page xvii
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 2.
Article 2.1.
Article 3.
Article 3.1.
Article 4.
Article 5.
Article 6.0.
Article 6.1.
Article 7.
Article 8.
Article 8.1.
Chapter 8.2.
Article 1.
Article 2.0.
Article 2.1.
Article 2.2.
Article 2.3.
Article 2.4.
Article 2.5.
Page
General Recordkeeping
Requirements 806.70(b)
Recordkeeping, Auditing, and
Administrative Actions for
Entities Claiming Recycling
Incentives 806.72
Oil Manufacturers 806.73
Exemptions 806.74
Used Oil Haulers 806.74
Used Oil Recycling
Facilities 806.75
Used Oil Collection Center
Certification and Operation
Standards 806.77
Registration Requirements
for Industrial Generators,
Operators of Curbside
Collection Programs, and
Electric Utilities 806.82
Recycling Incentive
Payments 806.84
General Provisions for Used
Oil Recycling Grants 806.86
Local Government Block
Grants 806.87
Electronic Waste Recovery and
Recycling 806.88
General 806.88
Electronic Waste Payment
System — Applicability and
Limitations, Document
Submittals, Records, Audits
and Net Cost Report 806.88(b)
Electronic Waste Payment
System — Applications for
Approval 806.88(e)
Electronic Waste Payment
System — Business
Requirements 806.88(i)
Electronic Waste Payment
System — Recycling Payment
Claims 806.88(k)
Electronic Waste Payment
System — Cancellation
Methods, Recovery Payment
Rate, and Combined Recovery
and Recycling Payment
Rate 806.88(o)
Electronic Waste Payment
System — Manufacturer
Payments 806.88(p)
Article 3.
Article 4.
Article 5.
Chapter 9.
Article 3.
Article 6.1.
Article 6.2.
Article 6.3.
Article 6.4.
Article 6.5.
Article 6.6.
Article 7.
Article 8.
Article 9.0.
Article 9.1.
Article 9.2.
Article 9.3.
Chapter 10.
Article 1.
Page
Manufacturer Reporting 806.88(r)
Consumer Information
Required of a
Manufacturer 806.88(s)
Confidential, Proprietary
and Trade Secret
Information 806.88(s)
Planning Guidelines and
Procedures for Preparing and
Revising Countywide Integrated
Waste Management Plans 806.88(0
Definitions 806.88(t)
Solid Waste Generation
Studies
806.92
Source Reduction and
Recycling Elements 806.99
Household Hazardous Waste
Elements 806.ni
Nondisposal Facility
Element
806.113
Siting Elements 806.114
Countywide and Regional
Agency Integrated Waste
Management Plans 806.116
Procedures for Preparing and
Revising City, Regional
Agency and County Source
Reduction and Recycling
Elements, and Household
Hazardous Waste Elements
and City and County
Nondisposal Facility
Elements 806.118
Procedures for Preparing and
Revising Siting Elements,
Summary Plans, and
Countywide and Regional
Agency Integrated Waste
Management Plans 806.126
Annual Report
Regulations 806.131
Adjustment Method for
Calculating Changes in
Waste Generation Tonnage
806.135
806.137
Disposal Reporting System
Adjustment Method for
Calculating Changes in
Waste Generation
Tonnage 806.l38(y)
Solid Waste Cleanup Program .... 806.298
Authority 806.298
Page xviii
(7-25-2008)
Title 14
Natural Resources
Page
Definitions 806.298 Chapter 3.
Site Selection and Ranking
Criteria 806.299
Loans to Local
Governments 806.299 Division 10.
Grants to Public Entities to
Abate Illegal Disposal
Sites 806.301 Chapter 1.
Matching Grants to Public
Entities 806.302
Board Managed
Remediations 806.303
Environmental Affairs Agency ... 807 Division 11.
Final Application Procedures:
Local Government Coastal Chanter 1
Management Improvement
Program 807
Permit Reform Act Appeals to the Division 1 3.
Secretary of Environmental Chanter 1
Affairs 814
^ . . , Chapter 2.
Voluntary Registration or
Environmental Assessors 815
Delta Protection Commission . . . . 817
Commission Hearing Procedures 817
Delta Protection Commission Division 14
Regulations for CEQA Compliance
(PRC § 21080.5) 818 Chapter 1.
Title Table of Contents
Page
Regulations Governing Land Use
and Resource Management in the
Primary Zone of the Sacramento-
San Joaquin Delta 819
San Joaquin River
Conservancy 821
Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms 821
Coachella Valley Mountains
Conservancy 823
Coachella Valley Mountains
Conservancy 823
San Diego River Conservancy .... 825
San Diego River Conservancy 825
Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms 825
Sierra Nevada Conservancy 827
Sierra Nevada Conservancy 827
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Division 8.
Chapter 1.
Chapter 2.
Chapter 3.
Division 9.
Chapter 1.
Chapter 2.
Page xix
(7-25-2008)
jm.
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 3. Department of Parks and Recreation
Vol. 19
XHOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Department of Parks and Recreation
Table of Contents
Division 3. Department of Parks and Recreation
Table of Contents
Page
Page
Chapter 1.
Chapter 2.
§ 4300.
§ 4301 .
§ 4302.
§ 4304.
§ 4305.
§ 4306.
§ 4307.
§ 4308.
§ 4309.
§4310.
§4311.
§4312.
§ 4313.
§4314.
§4315.
§ 4316.
§4317.
§4318.
§4319.
§ 4320.
§4321.
§ 4322.
§ 4323.
§ 4324.
§ 4325.
§ 4326.
§ 4327.
§ 4328.
§ 4329.
§ 4330.
§4331.
§ 4332.
§ 4333.
§ 4350.
§4351.
§ 4352.
§ 4353.
§ 4354.
§ 4355.
§ 4356.
§ 4357.
§ 4358.
§ 4359.
§ 4360.
§4361.
Chapter 3.
Chapter 4.
§4400.
§4450.
§4451.
§4452.
§4453.
§4454.
General 447
Authority.
Definitions.
Use of Facilities, Payment.
Aircraft.
Animals.
Plants and Driftwood.
Geological Features.
Archaeological Features.
Special Permits.
Litter.
Fire in Stoves, Smoking.
Control of Animals.
Weapons and Traps.
Fireworks.
Grazing.
Conmiercial Filming.
Curfew.
Peeping Toms.
Games and Recreational Activities.
Peace and Quiet.
Assembly.
Nudity.
Equipment and Occupancy.
Sanitation.
Prohibited Area.
Violation of Posted Orders or
Special Use, Special Event, Film or
Collection Permit.
Use Periods.
Alcoholic Beverages.
Smoking.
Pesticides.
Soliciting.
Preparation of General Plan.
Glass Containers.
Vehicles, Boats, Aircraft,
Horses, and Operator Propelled
Devices 452
Reference to Vehicle Code.
State Wilderness or Natural
Preserve.
Off-Highway Vehicles Hovercraft
and Snowmobiles.
Speed Limits.
Dangerous Vehicle Operation.
Vehicle Operation.
Removal of Vehicles and Vessels.
Vehicle Operators.
Parking.
Riding or Pack Animals.
Bicycles, Operator Propelled
Devices.
Aircraft.
Chapters.
Chapter 6.
Concessions
Procedure, Concessions.
Camping
Sections Applicable Only to State
Operated Units.
Camping.
Number Occupying Campsites.
Camping Fees Due.
Occupancy.
453
453
Page
§ 4455.
Camping Time Limits.
§ 4456.
Vacating.
§ 4457.
One-Night Camping in Day Use
Areas.
§4458.
Nighttime Closure.
§4460.
Parking for Overnight Camping in
Designated Coastal Beach Parking
Areas.
§4461.
Coastal Beach Overnight Parking
Areas.
§4462.
Definitions.
§4463.
Annual Permit Fee and Inspection.
§4464.
Self-Contained Vehicle Camping.
Hunting 45'
§ 4500.
Areas Open to Hunting, General
Provisions.
§4501.
Hunting Authorized.
§ 4502.
Prohibition of Ttiking Game Not
Regulated or Protected by Statute
Where Hunting Is Permitted.
§ 4503.
Hunting. Auburn State Recreation
Area.
§ 4504.
Hunting, San Luis Reservoir State
Recreation Area.
§ 4505.
Hunting, Providence Mountains
State Recreation Area.
§ 4506.
Hunting, Lake Oroville State
Recreation Area.
§ 4507.
Hunting, Lake Perns State
Recreation Area.
§ 4508.
Hunting, Harry A. Merio State
Recreation Area.
§ 4509.
Hunting, Franks Tract State
Recreation Area.
Provisions Limited to Specific
Units 45:
§ 4600.
Hearst San Simeon State Historical
Monument.
§4600.1.
Tours.
§ 4600.2.
Handling Objects.
§ 4600.3.
Food and Beverages.
§ 4600.4.
Smoking.
§ 4600.5.
Dogs or Pets.
§ 4600.6.
Photographs and Cameras.
§4601.
Torrey Pines and Point Lobos State
Reserves, and Penasquitos Marsh
Natural Preserve.
§4601.1.
Torrey Pines State Reserve.
§4601.2.
Penasquitos Marsh Natural
Preserve.
§ 4602.
Point Lobos State Reserve.
§ 4603.
Angel Island State Park.
§ 4604.
Carrizo Impact Area.
§ 4605.
Lake Elsinore State Recreation
Area.
§4605.1.
Lake Elsinore State Recreation
Area.
§ 4605.2.
Construction.
§ 4605.3.
Traffic Patterns.
§ 4605.4.
Ski Tow Rope.
§ 4605.5.
Towed Equipment.
§ 4605.6.
Sailboats.
§ 4606.
Lake Natoma. Folsom Lake State
Recreation Area.
§ 4607.
Benbow Lake State Recreation
Area.
(10-5-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 4608. Mt. San Jacinto State Wilderness.
§ 4609. Pisnio Dunes State Vehicular
Recreation Area.
§4609.1. Vehicles.
§ 4609.2. Drivers' Licenses.
§ 4609.3. Drivers' Licenses, OIT-Highway
Units.
§ 4610. Drivers' Licenses, Off-Highway
Units.
§ 4610.1 . Units Open for Rockhounding.
§ 4610.2. Conimercial Use.
§4610.3. Maximum Take.
§ 4610.4. Disturbing Land.
§4610.5. Use of Tools.
§4610.6. "Float" Materials.
§ 4610.7. Areas for Swimming and Boating.
§ 4610.8. Areas Limited for Collecting.
§ 4610.9. Indian Artifacts.
§4610.10. Panning for Gold.
§4611. Rockhounding.
§ 4612. Crystal Cove Historic District.
§ 4613. California State Railroad Museum.
§ 4613.1 . Carrying Capacity.
§4613.2. Photography.
§ 4613.3. Artifacts and Exhibits.
§4613.4. Climbing.
§4613.5. Food and Drink.
§ 46 1 3 .6 . Dogs and Pets .
Chapter 7. Aquatic and Boating 461
§ 4650. Swimming.
§ 4651 . Swimming Areas.
§ 4652. Floating Devices.
§4653. False Drowning Alarm.
§ 4654. Surf-Riding.
§ 4656. Diving.
§ 4657. Launching Areas.
§ 4658. Boat Speed Limits.
§ 4659. Operating Boats During Nighttime.
§ 4660. Vessels.
§ 4661 . Disposal of Waste from Boats.
§ 4662. Inspections.
§ 4663. Erection of Tent.
§ 4664. Underwater Activities.
§ 4665. Power-Driven Vessel Operator.
Chapter 8. Winter Sports 462
§ 4700. Runaway Snow Skis.
§ 4701. Designated Winter Sports Areas.
Chapter 9. Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
462.1
§ 4755.
§ 4756.
§ 4757.
§ 4758.
§ 4759.
§ 4760.
Chapter 1 1 .
State Wildernesses.
State Beaches.
Wayside Campgrounds.
Underwater Parks.
Natural Preserves.
Cultural Preserves.
Department of Parks and
Recreation — Conflict of Interest
Code
Chapter 11.5.
Cahfornia Register of
Historical Resources
§ 4850.
§4850.1
§4851.
Authority.
Purpose.
Historical Resources Eligible for
465
465
Listing in the California Register of
Historical Resources.
§ 4852. Types of Historical Resources and
Criteria for Listing in the California
Register of Historical Resources.
§ 4853. Application Format.
§ 4854. Application Procedures.
§ 4855. State Historical Resources
Commission's Public Hearing of a
Nomination.
§ 4856. Criteria and Procedures for Removal
of an Historical Resource from the
California Register of Historical
Resources.
§ 4857. Requests for Redetermination by the
State Historical Resources
Commission.
§ 4858. Saving Clause.
Appendix A A Glossary of Terms as Used in the
California Register of Historical
Resources 466.4
Chapter 12. Land and Water Conservation 466.7
§ 4900. Definitions.
§ 4901. Authority.
§4902. Allocation of Funds.
§ 4903. Project Criteria.
§ 4904. Priorities Among Eligible Projects.
§ 4910. Application Format.
§4911. Submission of Applications.
§ 4920. Availability and Disbursement of
Funds.
Chapter 13. Roberti-Z'berg Urban Open Space
and Recreation Program 467
Chapter 10
§ 4725.
— -- o
Definitions.
§ 4726.
Selection Criteria.
§ 4727.
Announcement of Project.
§ 4728.
Selection of Qualified Firms.
§ 4729.
Estimate of Value of Services.
§ 4730.
Statewide Participation Goals.
§4731.
Negotiation.
§ 4732.
Amendments.
§ 4733.
Contracting in Phases.
§ 4734.
Director's Power to Require Bids.
§ 4735.
Unlawful Considerations.
§ 4736.
Prohibited Relationships.
Classification of Park Units
§4751.
State Parks.
§ 4752.
State Reserves.
§ 4753.
State Recreation Units.
§ 4754.
Historical Units.
Chapter 14
462.2
Page
§ 4930.
Application; Form and Content.
§ 4931.
Resolution of Applicant's
Governing Body.
§ 4932.
Certification by Legal Counsel.
§ 4933.
Compliance with CEQA.
§ 4934.
Reports to State.
§ 4935.
Matching with Goods and Services.
California Exposition and State
Fair (Cal-Expo) 468
§ 4950.
Definitions.
§4951.
Use of Facilifies, Payment.
§ 4952.
Litter.
§ 4953.
Fires.
§ 4954.
Dogs; Animals.
§ 4955.
Dangerous Weapons.
§ 4956.
Assembly.
§ 4957.
Closing.
§ 4958.
Alcoholic Beverages.
§ 4959.
Soliciting.
§ 4960.
Speed Limit.
§ 4961.
Vehicles — Operation, Stopping,
Parking, Removal by Peace
Officers.
(10-5-2007)
•
Title 14
Department of Parks and Recreation
Table of Contents
Chapter 15.
Off-Highway Vehicle Grant
Program Regulations
Page
469
Page
§ 4970.30.
§4970.31.
Article 1.
General Provisions 469
§ 4970.
Application of Chapter 15.
§ 4970.00.
Definitions.
§4970.01.
Program Purpose.
§ 4970.02.
Commission's Annual Program
Review Meeting.
§ 4970.03.
General Application Requirements.
Article 2.
Types of Projects and
Specific Application and
Content Requirements 470
§ 4970.04.
Acquisition Projects.
§ 4970.05.
Development Projects.
§ 4970.06.
Equipment Projects.
§ 4970.07.
Facilities Operation and
Maintenance (FO&M) Projects.
§ 4970.08.
Law Enforcement Projects.
§ 4970.09.
OHV Safety or Education Program
Projects.
§4970.10.
Planning Projects.
§4970.11.
Resource Management Projects.
§4970.12.
Restoration Projects.
§4970.13.
Studies And Scientific Research
Projects.
§4970.14.
Trail Maintenance, Trail
Conservation, and Trail Reroute
Projects.
Article 3.
Environmental and Match
Requirements 470.3
§4970.15.
CEQA Requirements.
§4970.16.
Wildlife Habitat Protection Program
(WHPP) / Habitat Management
Program (HMP).
§4970.17.
Soil Conservation Program.
§4970.18.
Match Requirements.
Article 4.
Application Evaluation
System 470.5
§4970.19.
Application Evaluation System.
§ 4970.20.
Commission Allocation of Funds
§ 4970.32.
Chapter 15.5.
Project Termination.
Conservation and Enforcement
Services Account.
Evaluation Criteria.
Off-Highway Motor Vehicle
Recreation Grants and
Cooperative Agreements Program
Regulations 470.9
Article 1.
General Provisions 470.9
§ 4970.49.
Application of Chapter.
§ 4970.50.
Definitions.
§4970.51.
Program Purpose.
§ 4970.52.
Commission's Annual Program
Review Meeting.
§ 4970.53.
General Application Requirements.
Article 2.
Types of Projects and
Specific Application and
Content Requirements 470.13
§ 4970.54.
Acquisition Projects.
§ 4970.55.
Conservation Projects.
§ 4970.56.
Development Projects.
§ 4970.57.
Facilities Operation and
Maintenance (FO&M) Projects.
§ 4970.58.
Law Enforcement Projects.
§ 4970.59.
Off-Highway Vehicle (OHV) Safety
and/or Education Program Projects.
§ 4970.60.
Planning Projects.
§ 4970.61 .
Restoration Projects.
§ 4970.62.
Trail Maintenance Projects.
Article 3.
Environmental and Match
Requirements 470.15
§ 4970.63.
California Environmental Quality
Act (CEQA) Requirements.
§ 4970.64.
Wildlife Habitat Protection Program
(WHPP) / Habitat Management
Program (HMP).
§ 4970.65.
Soil Conservation Program.
§ 4970.66.
Match Requirements.
Article 5.
§4970.21.
§ 4970.22.
§ 4970.23.
§ 4970.24.
§ 4970.25.
§ 4970.26.
§ 4970.27.
§ 4970.28.
§ 4970.29.
and Approval of Grants and
Cooperative Agreements Program
Applications.
Accounting, Annual Audits
and Performance Reviews,
and Site Visits 470.5
Accounting, Annual Audits and
Performance Reviews, and Site
Visits.
Operation and Maintenance of
OHV -Funded Facilities.
Use of OHV-Funded Facilities.
Project Agreement.
Amendment to Project Agreement.
Re-Scope of Project Agreement.
Annual Application Review
Meetings.
Application Guide - General.
Accounting, Audits, and Annual
Performance Review - General.
Article 4.
§ 4970.67.
§ 4970.68.
Article 5.
Application Evaluation and
Approval of Project
Agreements 470.17
Application Evaluation System.
Commission Approval of Grants
and Cooperative Agreements
Program Applications.
Project Administration
Procedures
470.18
Chapter 16.
Article 1.
§4971.
§ 4970.69. Project Agreements.
§ 4970.70. Project Administration.
§4970.71. Performance Reviews.
§ 4970.72. Audits.
Relocation Assistance 470.19
General Provision 470.19
Department of Parks and Recreation
Relocation Assistance.
Page iii
(10-5-2007)
Title 14
Department of Parks and Recreation
§4301
Division 3.
Department of Parks and
Recreation
•
Chapter 1 . General
§ 4300. Authority.
All sections of Chapters 1 through 8 are adopted pursuant to Sections
5001.5, 5003 and 5008 of the Public Resources Code and apply to all
units under control of the Department of Parks and Recreation unless
otherwise indicated.
(a) When it is necessary to refer to one or more units under control of
the Department of Parks and Recreation by terms other than their classifi-
cation, the terms "unit of the State Park System," "unit of the State Vehic-
ular Recreation Area and Trail System," or simply "unit" will be used.
(b) A title, where used, does not limit the language of a section.
(c) These sections are severally adopted. If one or more of these sec-
tions is deemed invalid, the remaining sections are intended to remain in
effect. Where a section herein or rule is amended or repealed, acts and
omissions prior thereto may be prosecuted as though such section or rule
had not been so amended or repealed.
(d) Special regulations for an area or a subject do not preclude the
application of general regulations unless expressly so indicated.
(e) The privilege of any person to be present in any unit under control
of the Department of Parks and Recreation is hereby expressly condi-
tioned upon compliance by that person with all applicable laws and regu-
lations. In addition to other penalties prescribed by law, violation of any
law or regulation shall subject the violator to ejection from the unit in
which the violation occurs.
(f) This provision shall be enforced by peace officers having concur-
rent jurisdcti on in any unit in which a violation of regulations may take
place.
(g) Nothing contained herein shall be construed to authorize or prohib-
it any act or acts which are expressly authorized or prohibited by statute
of the State of California or by ordinance of a governmental subdivision
thereof with concurrent jurisdiction over a unit or units controlled by the
Department of Parks and Recreation.
NOTE: Authority cited: Sections 5000.5 and 5003, Public Resources Code. Refer-
ence: Section 5008, Public Resources Code.
History
1 . Repealer of Chapters 1 and 2 (Sections 4300 through 4920) and new Chapters
] through 12 (Sections 4300 through 4920) filed 4-7-71; effective thirtieth day
thereafter. For history of former sections, see Register 68, Nos. 14, 27; 69, Nos.
6, 27, 43, 50; 70, Nos. 13, 20, 35.
2. Repealer of Chapters 1-9 (Sections 4300-4702, not consecutive) and new
Chapters 1-8 (Sections 4300-4701, not consecutive) filed 1-6-77; effecfive
thirtieth day thereafter (Register 77, No. 2). For former history, see Registers 68,
Nos. 14, 27; 69, Nos. 6, 27, 43, 50; 70, Nos. 13, 20, 35; 71, Nos. 15, 49; 72, Nos.
4, 11, 21, 50; 73, Nos. 5, 26, 30, 47; 74, Nos. 25, 38; 75, Nos. 3, 33.
3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86. No.
5).
4. Change without regulatory effect amending first paragraph and adding subsec-
tion (a)-(g) designators filed 6-1 8-96 pursuant to section 1 00, title 1 , California
Code of Regulations (Register 96, No. 25).
§4301. Definitions.
(a) "Department," as used herein, means the State Department of Parks
and Recreation, having a headquarters in Sacramento, California.
(b) "Director," as used herein, means Director of Parks and Recre-
ation.
(c) "Deputy Director of Off-Highway Motor Vehicles," means the
person in charge of Division of Off-Highway Motor Vehicle Recreation.
(d) Division Chief means the person in charge of an administrative
area or division consisting of units and districts, under control of the De-
partment of Parks and Recreation.
(e) "District Superintendent" means the person in charge of an admin-
istrative district consisting of one or more units under control of the De-
partment of Parks and Recreation.
(f) "Person," as used herein, shall be construed to mean and include
natural persons, firms, copartnerships, corporations, clubs, and all asso-
ciations or combinations of persons whenever acting for themselves or
by an agent, servant, or employee.
(g) "Nighttime," is any time from one-half hour after sunset to one-
half hour before sunrise.
(h) "Water-ski" means any aquaplane, water-ski, or any other device
used, or which may be used, for carrying persons or property while being
towed behind a boat.
(i) Posting of Notices. The term "posted" as used herein, unless other-
wise indicated, shall mean and require that the Department shall set aside
at the district headquarters and at the unit affected and in a location con-
venient to the general public, a bulletin board or similar device upon
which shall be posted all special instructions, orders, pertaining to units
of the district including but not limited to special hours of operation,
swimming and boating restrictions, hunting and camping restrictions,
and special instructions pertaining to areas where activities are curtailed
or restricted. Proof of posting shall be filed in the offices of the division
chiefs or the Sacramento California Office of the Division of Off-High-
way Motor Vehicle Recreation.
(j) Special Events. Special Events are activities which are beyond the
normal scope of activities and operations conducted in units under con-
trol of the Department of Parks and Recreation. Consistent with existing
state policies and laws, District Superintendents may approve by permit
a Special Event when it is found to be in the best interest of the Depart-
ment of Parks and Recreation and is conducted by an appropriate sponsor
at no net expense to the state. Special Event permits are required when
fees are charged by the event sponsor beyond the regular State Park Facil-
ity Use Fees, when the Department has determined the event will create
a greater potential hazard or liability to the Stale than incurred through
typical operations, when the activity includes the exclusive use of an area
within the park, when the activity interferes significantly with the pub-
lic's use of an area, when additional staffing or staff time is required, or
where items or services are sold. Special Event permits are required for
any activity within the State Park System which meet any of these crite-
ria, and which occur wholly or partially within or on any property owned,
operated, or administered by the Department. Upon a finding by the Dis-
trict Superintendent that a special event is consistent with the unit's use,
he/she may issue a Special Event permit for such use. The terms and con-
ditions of such permit shall prevail where inconsistent with the rules
herein when approved by the Division Chief, Chief of Off Highway Mo-
tor Vehicle Recreation Division or the District Superintendent.
(k) Juveniles. The term juvenile as used herein shall be construed to
mean any person under the age of 1 8 years.
(/) "Aircraft" means any powered, unpowered, or towed device that is
used or intended to be used to carry a person or persons in the air.
(m) Beach. Unless the context otherwise requires, the use of the word
"beach" herein means that portion of a unit under control of the Depart-
ment of Parks and Recreation between the edge of a body of water, ex-
tending inland, to whichever comes first: a fence, a distinctive berm or
cliff, a line of vegetation, or an officially erected sign specifically desig-
nating the boundaries of the beach.
(n) Road. A road is that portion of a unit improved, designed, ordinari-
ly used, or designated for vehicular travel, including vehicular trails
witliin State Vehicular Recreation Area and Trail System.
(o) Designate. Designate means to indicate, specify, or make recogniz-
able by some mark, sign, or name.
(p) Animals. An animal is any animate being which is endowed with
the power of voluntary motion; animate being, not human.
(q) Placing of Road Signs. The term "Placing of Road Signs," as used
herein, means the placing of signs regulating the operation of motor ve-
hicles, including, but not limited to, stop signs, yield signs, and speed lim-
Page 447
Register 96, No. 25; 6-21-96
§4302
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
it signs, which is done in accordance with those instructions contained
in section 21401 of the California Vehicle Code.
(r) Placing of Vehicle Recreation Trail Signs. The term 'Tlacing of
Vehicle Recreation Trail Signs," as used herein, means the placing of
signs regulating the operation of motor vehicles within the State Vehicu-
lar Recreation Area and Trail System which is done in accordance with
section 38280 of the California Vehicle Code.
(s) Facility. Facility means any structure or combination of structures,
or any feature or entity modified by humans for human use.
(t) Unit. Unit means any named and classified unit under control of the
Department of Parks and Recreation, as well as any Department projects
which have not yet been named or classified.
(u) Camping is defined as:
1 ) erecting a tent or shelter or arranging bedding, or both, for purposes
of, or in such a way as will permit, remaining overnight.
2) Use of houseboats or boats for the purpose of sleeping during the
nighttime hours, whether anchored, moored or beached.
3) Use of any parked or standing vehicle for the purpose of sleeping
during nighttime hours.
(v) Rockhounding is defined as being the recreational gathering of
stones and minerals found occurring naturally on the undisturbed surface
of the land, including panning for gold in the natural water-washed grav-
el of streams.
(w) Float Material is defined as materials only occurring naturally on
the surface of the land.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 21401 and 38280, Vehicle Code.
History
1. New subsections (q) and (r) filed 5-25-79; effective thirtieth day thereafter
(Register79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Amendment of subsection (j) filed 6-5-91; operative 7-5-91 (Register91, No.
35).
4. Change without regulatory effect amending subsections (d), (i) and (j) and add-
ing subsections (u)-(w) filed 6-1 8-96 pursuant to section 100, title 1 , Califomia
Code of Regulations (Register 96, No. 25).
§ 4302. Use of Facilities, Payment.
No person shall use or be present in any portion of a unit under control
of the Department of Parks and Recreation for which a use fee has been
established by the Department, without paying such fee, with the excep-
tion of units which require payment of fees upon exit. This shall not apply
to state officers and employees on official business nor to persons ex-
cepted by the Department for administrative reasons.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5010, Pubhc Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No.
5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§ 4304. Aircraft.
No person, using any aircraft, shall land, taxi on or take off from any
body of water or from any portion of any unit if not specifically approved
by the Department and the unit has been designated for landing of air-
craft. No person shall parachute into, fly an unlicensed aircraft, ultralight
vehicle, or hang glider over, or parasail or balloon over any State Park
unit at an altitude of less than 500 feet unless authorized by the Depart-
ment by posted order in accordance with section 4301 (i).
Note. Authority cited: Section 5003, Public Resources Code. Reference: Section
5001.7, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 96, No. 25).
§ 4305. Animals.
(a) Protection. No person shall molest, hunt, disturb, harm, feed,
touch, tease, or spotlight any kind of animal or fish or so attempt.
(b) No person shall injure, trap, take, net, poison, or kill, any kind of
animal or fish, or so attempt, except that fish and bait may be taken, other
than for commercial purposes in accordance with state laws and regula-
tions.
(c) Where hunting in a state recreation area or within the State Vehicu-
lar Recreation Area and Trail System or portion thereof is permitted by
regulations herein, so much of this section as is inconsistent therewith
shall be deemed inapplicable, provided hunting is conducted in the man-
ner specified.
(d) This section does not apply to activities undertaken by the Depart-
ment in conjunction with its resource management activities.
(e) Feeding. In units or portions thereof where posted in accordance
with Section 4301 (i), no person shall feed any wildlife or feral animal
listed on such posting.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003.1 and 5019.56, Public Resources Code.
History
1. Amendment filed 12^-86; effective thirtieth day thereafter (Register 86. No.
49).
2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91
(Register 91, No. 51). A Certificate ofCompliance must be transmitted to OAL
12-27-91 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92
(Register 92, No. 12).
4. Change without regulatory effect amending subsection (a), adding subsection
(b) designator to and amending second paragraph, repeahng third paragraph,
adding subsection (c) and (d) designators to former fourth and fifth paragraphs
and subsection relettering filed 6-18-96 pursuant to section 100, title 1, Califor-
nia Code of Regulations (Register 96, No. 25).
§ 4306. Plants and Driftwood.
(a) No person shall willfully or negligently pick, dig up, cut, mutilate,
destroy, injure, disturb, move, molest, bum, or carry away any tree or
plant or portion thereof, including but not limited to leaf mold, flowers,
foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood,
except in specific units when authorization by the Department to take
berries, or gather mushrooms, or gather pine cones, or collect driftwood
is posted at the headquarters of the unit to which the authorization ap-
plies. Any collecting allowed by authority of this section may be done for
personal use only and not for commercial purposes.
(b) No person may gather more than five pounds of such material ex-
cept driftwood each day in the State Park System or State Vehicular Rec-
reation Area and Trail System.
(c) No person may gather more than 50 pounds or one piece of drift-
wood each day in the State Park System or State Vehicular Recreation
and Trails System.
(d) Use of tools, vehicles, and equipment for the collecting of drift-
wood is prohibited.
(e) Upon a finding that it will be in the best interest of the Department
of Parks and Recreation, the District Superintendent may, by posting, au-
thorize the collection of driftwood from specified units on a temporary
basis, either by the general public or by commercial operators, if neces-
sary, in quantities, for purposes, and by means other than as specified by
this section.
(f) This section does not apply to activities undertaken by the Depart-
ment in conjunction with its resource management activities.
NOTE: Authority cited: Secfion 5003, Public Resources Code. Reference: Sec-
tions 5001.65 and 5007.1, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
•
Page 448
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4313
3. Amendnieni filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatoi7 effect adding subsection (a)-(O designators filed
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 25).
§ 4307. Geological Features.
(a) No person shall destroy, disturb, mutilate, or remove earth, sand,
gravel, oil, minerals, rocks, paleontological features, or features of caves.
(b) Rockhounding may be permitted as defined in Section 4301 (v).
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect adding subsection (a) and (b) designators and
amending section filed 6-1 8-96 pursuant to section 1 00. title 1 , California Code
of Regulations (Register 96, No. 25).
§ 4308. Archaeological Features.
No person shall remove, injure, disfigure, deface, or destroy any ob-
ject of archaeological, or historical interest or value.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
HfSTORY
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4309. Special Permits.
The Department may grant a permit to remove, treat, disturb, or de-
stroy plants or animals or geological, historical, archaeological or pale-
ontological materials; and any person who has been properly granted
such a permit shall to that extent not be liable for prosecution for violation
of the foregoing.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5001.65 and 5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4310. Litter.
No person shall leave, deposit, drop, or scatter bottles, broken glass,
ashes, waste paper, cans, or other litter in a unit except in a receptacle des-
ignated for that purpose, and no person shall import any litter, or import
and deposit any litter into or in any unit from other places.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.7, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 431 1 . Fire in Stoves, Smoking.
No person shall
(a) light, build, use, or maintain a fire within a unit except in a camp
stove or a fireplace provided, maintained, or designated by the Depart-
ment for such purpose. Portable camp stoves may be used in portions of
units approved by the Department.
(b) Fires shall at all times be maintained in a safe condition that does
not threaten any person, natural or structural feature.
(c) Upon a finding of extreme fire hazard by the Department no person
shall smoke or build fires in portions of units other than those designated
by the Department for such purposes.
(d) This section does not apply to fire fighters or Department em-
ployees carrying out fire suppression or resource management activities
approved by the Department.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect adding subsection (a)-(d) designators and
amending subsections (a) and (b) filed 6-1 8-96 pursuant to section 1 00, title 1 ,
California Code of Regulations (Register 96, No. 25).
§ 4312. Control of Animals.
(a) No person shall permit a dog to run loose, or turn loose any animal
in any portion of a unit, except upon written authorization by the District
Superintendent.
(b) No person shall keep an animal in any unit except under his/her im-
mediate control.
(c) No person shall keep a noisy, vicious, or dangerous dog or animal
or one which is disturbing to other persons, in any unit and remain therein
after he/she has been asked by a peace officer to leave.
(d) No person shall permit a dog or a cat to remain outside a tent, camp-
er, or enclosed vehicle during the night.
(e) No person shall bring a dog into, permit a dog to enter or remain,
or possess a dog in units under control of Department of Parks and Recre-
ation unless the dog is on leash of no inore than six feet in length and un-
der the immediate control of a person or confined in a vehicle.
(f) No person shall bring a dog into, permit a dog to enter or remain,
or possess a dog:
1) beyond the limits of campgrounds, picnic areas, parking areas,
roads, structures or in posted portions of units except as provided else-
where in this section.
2) on any beach adjacent to any body of water in any unit except in por-
tions of units designated for dogs.
(g) In state recreation areas open to hunting pursuant to Public Re-
sources Code, Secuon 5003.1, dogs may be used to assist in hunting.
Such dogs shall not be permitted to pursue or take any wildlife other than
that being hunted.
(h) SubsecUons e) and f) shall not apply to trained "seeing eye," "sig-
nal," or "service" dogs used to guide a physically impaired person there
present, or dogs that are being trained to become "seeing eye," "signal,"
or "service" dogs.
(g) Grazing. No person shall graze, herd or permit livestock to enter
or i-emain inside a unit without specific written authorization of the De-
partment, except for grazing by animals used for riding or packing under
direct control of visitors or concessionaires.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003.1 and 508, Public Resources Code.
History
1. Amendment of subsection (c) filed 5-25-79; effective thirtieth day thereafter
(Register 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect amending section heading and section filed
6-18-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 25).
§4313. Weapons andlraps.
(a) No person shall carry, possess or discharge across, in or into any
portion of any unit any weapon, firearm, spear, bow and arrow, trap, net,
or device capable of injuring, or killing any person or animal, or captur-
ing any animal, or damaging any public or private property, except in un-
derwater parks or designated archery ranges where the Department of
Parks and Recreafion finds that it is in its best interests.
(b) Nothing herein contained shall be construed in derogation of the
use of weapons permitted by law or regulauon and to be used for hunting
in any unit, or porfion thereof, open to hunting.
(c) Firearms not having a cartridge in any portion of the mechanism,
other unloaded weapons or devices such as traps, nets, and bows and ar-
rows may be possessed within temporary lodging or mechanical mode
of conveyance when such implements are rendered temporarily inoper-
able or are packed, cased, or stored in a manner that will prevent their
ready use.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003.1 and 5008, Public Resources Code.
Page 449
Register 96, No. 25; 6-21-96
§4314
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Amendment filed 1-28-86: effective thirtieth day thereafter (Resister 86, No.
5).
2. Change without regulatory effect adding subsection (a)-(c) designators and
amending newly designated subsections (a) and (c) filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4314. Fireworks.
(a) No person shall possess, discharge, set off, or cause to be dis-
charged, in or into any portion of a unit any firecrackers, torpedoes, rock-
ets, fireworks, explosives, or substances harmful to the life or safety of
persons.
(b) The Department may grant exceptions to this section for specified
locations and periods of time upon finding that such activity will not en-
danger persons, property, or resources.
(c) This section does not apply to explosives lawfully possessed or
used under the direction of the Department.
NOTE; Authority cited: Secfion 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect adding subsection (a)-(c) designators filed
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 25).
§4315. Grazing.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5001.65 and 5008, Public Resources Code.
History
1 . New section filed 5-26-79: effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4316. Commercial Filming.
Except where authorized by the Department, no person shall photo-
graph, videotape or film for commercial (profit and sale) purposes in any
unit, or portion thereof, owned, operated or administered by the Depart-
ment without a permit from the California Film Commission, pursuant
to Government Code section 14998.8.
NotE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
fions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4317. Curfew.
(a) The Department may from time to time by order declare curfew for
juveniles in any unit or portion thereof upon a finding that conditions
therein are such as to warrant special measures for the protection of juve-
niles and others and for the safety and welfare of the general public.
(b) Such curfew order shall specify the hours thereof and the period
therefor and shall be posted.
(c) When curfew has been so ordered, no juvenile so prohibited shall
during the effective period enter or remain therein, except as follows:
(1) One who is accompanied by a parent or guardian.
(2) One who is part of a group permitted to occupy a unit or portion
thereof and who is supervised by at least one responsible adult for each
fifteen juveniles.
(3) One who is lawfully camping, having furnished to the Department
written consent of and the full name, residence number, and telephone
number of the juvenile's parent or guardian, with the inclusive dates for
which permission is granted to camp at the unit involved.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 431 8. Peeping Toms.
No person shall loiter, prowl or wander about a park restroom, shower
or changing facility and peek into the doors and windows or other open-
ings of such facihties when occupied, without visible or lawful business
with the occupants thereof.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
lions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§ 4319. Games and Recreational Activities.
No person shall engage in games or recreational activities that endan-
ger the safety of persons, property, resources, or interfere with visitor ac-
tivities except as permitted by the Department. No person shall hold,
sponsor, lead, or otherwise have control over a game or recreational ac-
tivity occurring wholly or partially within or on any property owned, op-
erated or administered by the Department without an approved Special
Event permit if any of the criteria set forth in section 4301 (j) apply.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§ 4320. Peace and Quiet.
To insure peace and adequate rest for visitors:
(a) No person shall disturb others in sleeping quarters or in camp-
grounds between the hours of 10 p.m. and 6 a.m. daily.
(b) No person shall, at any time, use outside machinery or electronic
equipment including electrical speakers, radios, phonographs, televi-
sions, or other devices, at a volume which is, or is likely to be, disturbing
to others without specific permission of the Department.
(c) No person shall operate an engine driven electric generator which
emits sound which is, or is likely to be, disturbing to others between the
hours of 8 p.m. and 10 a.m. without permission of the Department.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
§4321. Assembly.
No person shall conduct or attend an assembly or public demonstra-
tion except by permission of the Department upon a finding that such ac-
tivity would not substantially interfere with park use.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4322. Nudity.
No person shall appear nude while in any unit except in authorized
areas set aside for that purpose by the Department. The word nude as used
herein means unclothed or in such a state of undress as to expose any part
or portion of the pubic or anal region or genitalia of any person or any
portion of the breast at or below the areola thereof of any female person.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4323. Equipment and Occupancy.
(a) Arrangement and Numbers. The Department may specify the size,
type, arrangement and use of recreational equipment and the number of
persons permitted in any unit or portion thereof. No person shall other-
wise introduce, keep, use, or arrange his/her equipment. No person shall
otherwise exceed established occupancy limitations.
Page 450
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4331
(b) Food Storage. In units or portions thereof where posted in accor-
dance with Section 430 1 (i), no person shall store food, lawfully taken
fish or wildlife, garbage or equipment with food residue, other than in the
sealed compartment of a vehicle incapable of being opened by wild ani-
mals, in a food storage unit designated by the Department, in accordance
with posted instructions, or, in areas where bears are a problem, sus-
pended at least ten (10) feet above any material that would support the
weight of a bear and separated horizontally by at least four (4) feet from
any post, tree trunk or other object. This restriction does not apply to food
that is actively being carried, consumed or prepared for human consump-
tion or pets.
(c) No person shall erect, maintain, use, or occupy any temporary tent
or shelter on any beach unless there is an unobstructed view through such
tent or shelter from at least two sides, provided, however, that nothing
herein contained shall be construed to authorize camping except as pro-
vided in Section 445 1 hereof.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91
(Register 91, No. 5 1). A Certificate of Compliance must be transmitted to OAL
12-27-91 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92
(Register 92, No. 12).
4. Change without regulatory effect renumbering former section 4663 to new sub-
section 4323(c) filed 6-18-96 pursuant to section 100, title 1, California Code
of Regulations (Register 96, No. 25).
§ 4324. Sanitation.
(a) No person shall deposit waste, water, sewage or effluent from
sinks, portable toilets, and other plumbing fixtures directly upon or into
the surface of the ground or water.
(b) No person shall deposit any body waste in or any portion of any
comfort station or other structure except into fixtures provided for that
purpose.
(c) No person shall place any bottle, can, cloth, rag, metal, wood, pa-
per, or stone substances in any plumbing fixture in such a manner as
would interfere with the normal operation of such fixture.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Repealer and new section filed 1-28-86; effective thirtieth day thereafter (Reg-
ister 86, No. 5).
3. Change without regulatory effect repealing subsections (d)-(e) filed 6-1 8-96
pursuant to section 100, title 1 , California Code of Regulations (Register 96, No.
25).
§ 4325. Prohibited Area.
NOTE: Authority cited: Secdon 5003, Pubhc Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4326. Violation of Posted Orders or Special Use, Special
Event, Film or Collection Permit.
No person shall
(a) violate any provision of an order posted pursuant to the provisions
of section 4301 (i) hereof including, but not limited to, prohibited areas,
use periods, no alcoholic beverage areas, no smoking areas and no park-
ing areas, where posted in accordance with 4301 (q), or,
(b) violate any provision or restriction of a Special Use, Special Event,
Film or Collection permit issued pursuant to these regulations.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant lo
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4327. Use Periods.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
HtSTORY
1 . Amendment filed 1-28-86: effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4328. Alcoholic Beverages.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatoi^y effect repealing secfion filed 6-18-96 pursuant to
section 100, title 1, Cahfomia Code of Regulations (Register 96, No. 25).
§ 4329. Smoking.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4330. Pesticides.
(a) No person shall disperse or otherwise apply any pesticide within
any unit or portion thereof, whether to the air, water, ground, or vegeta-
tion, unless prior written approval has been obtained from the Depart-
ment.
(b) Exception is made in the instance of dispersal within enclosed
buildings, tents, tent trailers, or within any vehicle or boat containing liv-
ing or sleeping quarters, or the use outdoors within ten (10) feet of the
table, stove, tent or food lockers, of hand-held finger-operated aerosol
dispensers or hand-operated plunger-type dispensers with net contents
not to exceed twenty (20) ounces and containing any of the following
pesticides: Pyrethrine, AUethrin, Piperonyl butoxide, Malathion, DDVP
(Dichlorves Vapona), Dibrom, Rotenone (Derrin, Cube Root).
NotE: Authority cited: Secdon 5003, Public Resources Code. Reference: Secdon
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecdve thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect adding subsection (a) and (b) designators and
repealing last paragraph filed 6-18-96 pursuant to secdon 100, tide 1, Califor-
nia Code of Regulations (Register 96, No. 25).
§4331. Soliciting.
No person shall solicit, sell, hawk, or peddle any goods, wares, mer-
chandise, services, liquids, or edibles for human consumption or distrib-
ute circulars in any unit, except as permitted by the Department. Such
prohibition shall include sales activities that utilize park property or faci-
lities to complete the terms of sale or provide a service as a result of the
sale or that effect park operations, facility use or visitor safety. Also in-
cluded are sales activities which encroach on the sales rights of a vendor
authorized to sell such products, or services pursuant to a concession con-
tract with the Department.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Fresno
Superior Court No. 348560-6; Sections 5001.65, 5008(a), 5019.10 and 5019.53,
Public Resources Code.
Page 451
Register 96, No. 25; 6-21-96
§4332
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Amendment filed 6-17-83 as an emergency; designated effective 6-30-83
(Register 83, No. 28). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 10-28-83.
2. Editorial conection filed 7-7-83 (Register 83, No. 28).
3. Reinstatement of section as it existed prior to emergency amendment filed
6-17-83 by operation of Government Code section 11346.1(f) (Register 84,
No. 49).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
5. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
§ 4332. Preparation of General Plan.
After classification or reclassification of a unit, the Department shall
obtain public comment and prepare a general plan. The general plan shall
consist of a resource element, a land use element, a facilities element, and
an operations element. In order that it shall act as a guide and constraint,
the resource element will be prepared, made available for public com-
ment, and approved by the Director before substantial work is done on
the other elements of the plan.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5002.2, Public Resources Code.
History
1. New section filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4333. Glass Containers.
No person shall possess or use a glass container, bottle, jar, tumbler,
or vessel of whatever nature, empty or not, where prohibited by order of
the Department, except that persons may pick up glass containers left or
discarded by others and remove or deposit same in an approved trash re-
ceptacle. Signs shall be posted at beaches and locations where glass con-
tainers are prohibited.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5008 and 5008.7, Public Resources Code.
History
1. New section filed 12-4-86; effective thirtieth day thereafter (Register 86, No.
49).
Chapter 2. Vehicles, Boats, Aircraft,
Horses, and Operator Propelled Devices
§ 4350. Reference to Vehicle Code.
The provisions of the Vehicle Code relating to traffic upon highways
shall be apphcable to Departmental units except as provided by Depart-
mental regulations in Title 14 herein, and such regulations contain the
special conditions referred to in Section 211 13 of the Vehicle Code.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
21113, Vehicle Code.
History
1. Amendment filed 1-28-86; effecuve thirtieth day thereafter (Register 86, No.
5).
§ 4351 . State Wilderness or Natural Preserve.
No person shall drive, operate, leave, place, land, taxi, takeoff or stop
a motor vehicle, motorboat or aircraft within the boundaries of a state wil-
derness or natural preserve.
NOTE: Authority cited: Secfion 5003, Public Resources Code. Reference: Section
5001 .8, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4352. Off-Highway Vehicles Hovercraft and
Snowmobiles.
No person shall operate an off-highway vehicle, hovercraft or snow-
mobile except in designated units or portions thereof.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5001 .8, Public Resources Code and Section 23 128, Vehicle Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91 , No. 35).
§ 4353. Speed Limits.
(a) In no event shall a vehicle be driven at a speed greater than 1 5 miles
per hour in camps, picnic areas, utility areas, or headquarters areas or in
areas where the general public assembles;
(b) In all other areas the Department, based on the results of a traffic
and engineering survey as defined in Section 627 of the California Ve-
hicle Code may, by order, determine a speed limit, which shall be effec-
tive when appropriate signs are placed in accordance with Section
4301 (q). All speed limit signs that are placed in accordance with Section
21401 of the California Vehicle Code in place on January 1, 1980, are
hereby ratified and confirmed, until changed pursuant to engineering and
traffic surveys;
(c) In newly acquired or developed areas, the Department may estab-
lish a speed hmit which will be in effect for a period not exceeding 120
days.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 21 1 13 and 22350, Vehicle Code; Section 5001 .8, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4354. Dangerous Vehicle Operation.
No person shall operate any vehicle, motor vehicle, off-highway ve-
hicle, or bicycle negligently or willfully in such a manner as to pursue,
harass, endanger, or injure any person or animal.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section heading filed 6-1 8-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
25).
§ 4355. Vehicle Operation.
No person shall operate, drive, use, leave, park, place or stop a vehicle,
except on a road or a parking area in any unit or a portion thereof,
(a) or in violation of the condition, limitations, or restrictions in such
unit or portion thereof;
(b) or in violation of any regulation contained herein.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5001 .8, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect adding subsection (a) and (b) designators and
amending section filed 6-1 8-96 pursuant to section 1 00, title 1 , California Code
of Reguladons (Register 96, No. 25).
§ 4356. Removal of Vehicles and Vessels.
Any peace officer having jurisdiction in any unit is authorized to cause
the removal of a vehicle from a unit under the provisions of the Vehicle
Code including, but not limited to. Section 22659, when such vehicle is
parked or left standing in violation of the Vehicle Code or state park regu-
lation contained in Title 14 herein, or has been left standing for 72 hours.
(b) Any peace officer having jurisdiction or any property owned, oper-
ated or administered by the Department is authorized to cause the remov-
al of a vessel from such property under the provisions of the Harbors and
Navigation Code including, but not limited to, section 675(a)(1) when
such vessel is left in violation of the Harbors and Navigation Code or title
14, division 3, chapter 2 of the California Code of Regulations.
•
Page 452
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4451
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code; Section 22659, Vehicle Code; Section 675(a)(1),
Harbors and Navigation Code.
History
1. Amendment tiled 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment of subsection (a) and new subsection (b) filed 6-5-91: operative
7-5-91 (Register 91, No. 35).
3. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4357. Vehicle Operators.
(a) All individuals operating vehicles in any units shall be properly li-
censed.
(b) The Department may authorize certain types of vehicles to be oper-
ated in units or portions thereof by other than licensed operators.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
12501, Vehicle Code.
History
1. Amendment Filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect adding subsection (a) and (b) designators and
amending subsection (a) filed 6-1 8-96 pursuant to section 1 00, title 1 , Califor-
nia Code of Regulations (Register 96, No. 25).
§ 4358. Parking.
The Department may, by posting of notices (4301 (i) and (q)), prohibit
or restrict the parking or standing of vehicles in units or portions thereof,
during all or certain hours of the day. No such posting of notices shall ap-
ply until signs or markings giving adequate notice thereof have been
placed.
No person shall block or prevent access to a parking space that they
do not lawfully occupy by the parking, standing, or stopping of a vehicle
or placement of other objects, or any person. A person may lawfully
occupy a parking place only through payment of fees or by being on De-
partment business.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5001.8 and 5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect repealing first sentence of each paragraph
filed 6-18-96 pursuant to secfion 100, title 1, California Code of Regulations
(Register 96, No. 25).
§ 4359. Riding or Pack Animals.
(a) No person shall ride, drive, lead, or keep a saddle or pack animal
in a unit, or portion thereof, except on such roads, beaches, trails, or areas
so designated by the Department.
(b) No saddle or pack animal shall be hitched to any tree, shrub, or
structure in any manner that might cause damage thereto.
(c) No person shall ride any animal in a manner that might endanger
life or limb of any animal, person or property;
(d) No person shall allow their animal to stand unattended or insecure-
ly tied.
(e) All persons opening a closed gate shall close the same after passing
through it.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect amending section heading and section filed
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 25).
§ 4360. Bicycles, Operator Propelled Devices.
No person shall operate an operator or gravity propelled device in any
unit, or portion thereof, when the Department has issued an order prohib-
iting such activity. The Department may establish speed limits for units
or portions thereof in which these devices are used. Speed limits will be
posted.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§4361. Aircraft.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5001.7, Public Resources Code.
History
1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Repealer filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
Chapter 3. Concessions
§ 4400. Procedure, Concessions.
Within ten (10) days after the Department of Parks and Recreation has
issued a riotice of intent to award a concession contract for a term in ex-
cess of two (2) years following a request for proposal or invitation to bid,
any proposer/bidder may file a written statement of protest against
awarding of the contract with the Director of the Department. The state-
ment shall be signed by the protestor, shall specify the grounds for the
protest and may include a demand for a hearing. A copy of the protest
must be served on the Attorney General within the same ten-day period
by the proposer/bidder.
If a protest is timely served and a hearing is demanded, or if the Direc-
tor on his or her own motion orders a hearing, proceedings shall be con-
ducted according to the Administrative Procedure Act, and the protest
statement shall be treated as a statement of issues. Any recommendation
or decision of the hearing officer shall be submitted to the Director for
approval, adoption, modification, disapproval or other interlocutory or
final action.
If a hearing is not so demanded or ordered, the action of the Director
shall be final.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5080.03, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment of section and Note filed 10-16-2003; operative 11-15-2003
(Register 2003, No. 42).
Chapter 4. Camping
§ 4450. Sections Applicable Only to State Operated Units.
All sections in Chapter 4 shall apply only to units operated by the De-
partment of Parks and Recreation.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5019.10, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§4451. Camping.
(a) No person shall camp, as defined in Section 4301(U), in any unit
except in areas designated for that purpose.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
Page 453
Register 2003, No. 42; 10-17-2003
§4452
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4452. Number Occupying Campsites.
(a) The number of vehicles and pei'sons occupying a catnpsite shall not
exceed two vehicles and eight persons;
(b) the Department may authorize a greater or lesser number when fa-
cilities so warrant.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Recister 86, No.
5).
2. Change without regulatory effect adding subsection (a) and (b) designators and
amending subsection (b) filed 6-1 8-96 pursuant to section 100, title 1, Califor-
nia Code of Regulations (Register 96, No. 25).
§ 4453. Camping Fees Due.
(a) Fees for the use of camping facilities are due and payable daily.
(b) The fee covers use of camping facilities until the vacating time of
12:00 noon, of the following day.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5010, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
3).
2. Change without regulatory effect adding subsection (a) and (b) designators and
amending subsection (b) filed 6-18-96 pursuant to section 100, title 1, Califor-
nia Code of Regulations (Register 96, No. 25).
§ 4454. Occupancy.
(a) A campsite is considered occupied when it is being used or has been
reserved and the campsite is officially posted or marked "occupied" ei-
ther at the campsite or entrance station.
(b) The person or persons by or for whom the daily use fee has been
paid and the guests and invitees of such person or persons may occupy
the campsite.
(c) No person not authorized to occupy a campsite pursuant to sub-
paragraph (a) and (b) of this section or pursuant to law, shall take or main-
tain possession or arrange camping equipment or park or stand a vehicle
in a campsite marked occupied.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4455. Camping Time Limits.
(a) General. Occupancy by the same persons, equipment, or vehicles
of any camping facility is limited to a total of 30 days in any calendar year
in that unit. The Department may establish shorter or longer limits of oc-
cupancy.
(b) Shorter Limits. When the department has established shorter sea-
sonal limits, no person (or persons) who have occupied a campsite for the
established limit may reregister in the unit until the expiration of forty-
eight (48) hours, from 12:00 noon of the checkout day to 12:00 noon of
the second day following. Upon expiration of the established limit, the
registered camper shall vacate the campsite of all persons, vehicles and
equipment.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Amendment of subsection (b) filed 6-5-91; operative 7-5-91 (Register 91, No.
35).
§ 4456. Vacating.
Occupants shall vacate the campsite by removing their person, ve-
hicles and property therefrom prior to 12:00 noon if appHcable use fee
has not been paid or if time limit for occupancy has expired.
NOTE: Authority cited: Section 5003. Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
§ 4457. One-Night Camping in Day Use Areas.
The district superintendent may permit camping for one night only in
a day use area or a portion thereof. Persons occupying a site for such
camping shall vacate the same by 9 a.m. the following morning, shall be
subject to such fees and vehicle limitations as the Department may estab-
lish, and shall be liinited to the use of only such portions of the unit as the
Department shall specify.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 25).
§ 4458. Nighttime Closure.
No person shall be present in any campground between the hours of
10 p.m. and 6 a.m. except as the lawfully registered occupant or for the
lawful purpose of camping when campsites are available.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4460. Parking for Overnight Camping in Designated
Coastal Beach Parking Areas.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.6, Public Resources Code.
History
1 . New section filed 7-19-77 as an emergency; effective upon filing (Register 77,
No. 30).
2. New section refiled 1^1— 78 as an emergency; effective upon filing (Register 78,
No. 1).
3. Repealed by operation of Section 1 1422.1(c), Government Code (Register 79,
No. 10).
§ 4461. Coastal Beach Overnight Parking Areas.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.6, Public Resources Code.
History
1 , New secfion filed 7-19-77 as an emergency; effective upon filing (Register 77,
No. 30).
2, New section refiled 1-4-78 as an emergency; effective upon filing (Register 78,
No. 1).
3, Repealed by operation of Section 1 1422.1(c), Government 'Code (Register 79,
No. 10).
§ 4462. Definitions.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.6, Public Resources Code.
History
1 . New section filed 7-19-77 as an emergency; effective upon filing (Register 77,
No. 30).
2. New section refiled 1 -4-78 as an emergency; effective upon filing (Register 78,
No. 1).
3. Repealed by operafion of Section 1 1422.1(c), Government Code (Register 79,
No. 10).
§ 4463. Annual Permit Fee and Inspection.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.6, Public Resources Code.
Page 454
Register 2003, No. 42; 10-17-2003
Title 14
Department of Parks and Recreation
§4501
•
History
1 . New section filed 7-1 9-77 as an emergency; effective upon filing (Register 77,
No. 30).
2. New section refiled 1 -4-78 as an emergency; effective upon filing (Register 78,
No. 1).
3. Repealed by operation of Section 1 1422.1(c). Government Code (Register 79,
No. 10).
§ 4464. Self-Contained Vehicle Camping.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008.6, Public Resources Code.
History
1 . New section filed 7-19-77 as an emersency ; effective upon filing (Register 77,
No. 30).
2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78,
No. 1).
3. Repealed by operation of Section 1 1422.1(c), Government Code (Register 79,
No. 10).
•
Chapter 5. Hunting
§ 4500. Areas Open to Hunting, General Provisions.
NOTE: Authority cited: Secfions 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003.1 and 5019.56, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4501. Hunting Authorized.
Hunting is authorized as follows:
(a) Picacho State Recreation Area.
There is opened to hunting annually from the opening day of dove
hunting season through the closing day of duck or goose hunting season,
whichever is later, as established by the State Fish and Game Commis-
sion, all lands except those portions described as follows:
(1) That portion of Section 24, Township 13 South, Range 22 East,
S.B.B.&M., lying east of the western line of Lot 2.
(2) The northeast quarter of the northwest quarter; the north half of the
southeast quarter of the northwest quarter; the northwest quarter of the
northeast quarter; the west half of the northeast quarter of the northeast
quarter; the northeast quarter of the northeast quarter of the northeast
quarter; the north half of the southwest quarter of the northeast quarter;
and the northwest quarter of the southeast quarter of the northeast quarter
of Section 25, Township 13 South, Range 22 East, S.B.B.&M.
(3) That portion of Section 19, Township 13 South, Range 23 East,
S.B.B.&M., which lies west of the western line of Colorado Street as said
street is shown on the map of the Town of Picacho filed April 24, 1897,
in Book 1 of Maps, Page 2, Official Records of San Diego County.
At all other times than from the opening day of the dove hunting season
through the closing day of duck or goose hunting season, as established
by the State Fish and Game Commission, the area shall be closed to hunt-
ing to accommodate visitors and insure their safety. (See 1 4 ADM C. 501 ,
and 502(a) (1).)
A map of the portions of the state recreation area opened to hunting
shall be available at the state recreation area office for examination.
(b) Hunting. Auburn State Recreation Area.
Hunting is allowed with the following restrictions.
Location: No hunting is allowed at the following locations:
(1) All lands west of Highway 49.
(2) The main body of Lake Clementine and adjacent lands within 150
yards of the lake, and within 150 yards of any access road, building,
campground, or marina.
(3) The Middle Fork of the American River and adjacent lands from
the Highway 49 bridge upstream (east) to the upper end (inclusive) of the
area known as Mammoth Bar.
(4) The North Fork of the American River and adjacent lands from the
Highway 49 bridge upstream to Clementine Dam.
(5) All lands west of the intersection of the old and the new Auburn
Foresthill roads.
(6) All areas leased for grazing.
Season: Hunting is only allowed during the regular hunting season es-
tablished by the Fish and Game Commission between September 1 and
January 31.
Species: Deer, California Quail, dove and Bandtail Pigeon and turkey.
Method: Only shotguns, rifles and bows and arrows may be used and
only in compliance with all Fish & Game Commission Regulations.
A map of the portions of the state recreation area open to hunting shall
be available at the state recreation area office for examination.
(c) Hunting, San Luis Reservoir State Recreation Area.
There is opened to hunting annually from the opening day of hunting
season for ducks or geese, whichever is earlier, to and including the clos-
ing day of said season, whichever is later, as established by the State Fish
and Game Commission all lands except those portions described as fol-
lows:
(1) In San Luis Reservoir:
(a) San Luis Dam structure.
(b) San Luis trash rack structure.
(c) That portion of land lying between the basalt access road and the
San Luis Reservoir water line, from the south end of the dam to and in-
cluding the basalt boat ramp.
(2) In O'Neill Forebay:
(a) California aqueduct structure from where it enters O'Neill Forebay
to the Recreation Area boundary.
(b) O'Neill pumping plant structure.
(c) O'Neill dam structure.
(d) California aqueduct outlet from its mouth to the Recreation Area
boundary.
(e) All the land in the Mederios area bounded b O'Neill Forebay and
Highways 207 and 152.
(f) All land in the San Luis Creek area from a point on the waterline,
7,500 feet south of the north boundary of the Recreation Area: thence
west to the west fence and projection of the fence line to O'Neill Forebay:
thence easterly and northerly along the waterline to the point of begin-
ning.
(3) In Los Banos Creek Reservoir area.
(a) Los Banos Dam structure and Vista Point.
(b) The two campground areas and the posted adjacent shoreline on the
north side of the reservoir.
(4) In all areas for a distance of 300 feet beyond each and all of the
above specifically described areas, but not extending beyond the State
Recreation Area boundary.
At all other times than from the opening day of such duck or goose
hunting seasons, whichever is earlier, to and including the closing day of
said hunting season, whichever is later as established by the State Fish
and Game Commission, the area shall be closed to hunting to accommo-
date visitors and ensure their safety. (See 14 Cal. Adm. Code Section
502(a)(1).)
A map of the portions of the state recreation area open to hunting shall
be available at the State Recreation Area Office for examination.
(d) Hunting. Providence Mountains State Recreational Area.
There is opened to hunting within that portion described as follows:
That parcel of land located in Township 10 North, Range 14 East, of
the San Bernardino Base Meridian, San Bernardino County, California,
more particularly described as follows:
Beginning at the center west sixteenth comer in Section 8, thence in
a southerly direction along the section line in Sections 8 and 17, thence
to the center west sixteenth comer in Section 17, thence easterly along
the quarter section line to the quarter comer common to Secfions 16 and
Section 17, thence northerly along the section line to the section comer
common to Sections 8, 9, 16 and 17, thence easteriy along the secfion line
to the east-west sixty fourth center common to Secfions 9 and 16, thence
northeriy along the sixty fourth secfion line 800 feet to a point, thence east
Page 455
Register 96, No. 25; 6-21-96
§4502
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2.000 feet more or less to a road commonly known as the Old C and K
Mine Road, thence in a generally easterly and southerly direction along
said road 9,000 feet more or less to a fork in the road, thence along the
southerly fork 600 feet more or less to the section line common to Sec-
tions 14 and 15, thence southerly along the section line approximately 1.7
miles to the quarter corner common to Sections 26 and 27, thence easterly
in Section 26 along the quarter section line to the center-east sixteenth
corner in Section 26, thence northerly along the sixteenth section line 2.5
miles more or less to the east sixteenth corner common to Sections 1 1 and
14, thence westerly 1.25 miles to the quarter comer common to Sections
10 and 15, thence northerly along the quarter section line to the center
quarter corner of section 10, thence westerly approximately 2.5 miles
along the quarter section line in Sections 10, 9, and 8, thence to the cen-
ter-west sixteenth comer in Section 8, being the point of beginning of
said parcel.
Excepting therefrom all lands that are not under the control of the De-
partment.
(e) Hunting. Lake Oroville State Recreation Area.
There is opened to hunting annually, between September 1 5 and Janu-
ary 31 only, during the regular hunting season, and during the spring
turkey hunting season, as established by the State Fish and Game Com-
mission, all lands except those portions described as follows:
(1) West branch of the lake and adjacent lands upstream from the
Highway 70 bridge.
(2) The main body of the lake downstream from Foreman Point and
downstream from the Bidwell Bar bridge.
(3) Those areas known as Goat Ranch, Bloomer Primitive, Foreman
Creek, Sycamore Creek and Craig Boat-in Campground.
(4) Thermalito Forebay north and south and adjacent state recreation
area lands.
(5) Thermalito diversion reservoir and adjacent state recreation area
lands.
(6) Hunting will be prohibited within 300 yards of any designated
campground, building or dock.
Except during turkey hunting season in the spring, no hunting will be
allowed during the period between Febmary 1 through September 14, to
accommodate other visitors and ensure their safety. (See Title 14 Cal.
Adm. Code Section 502(a)(1).)
A map of the portions of the state recreation area open to hunting shall
be available at the state recreation area office for examination.
(f) Hunting. Lake Perris State Recreation Area.
There is opened to hunting annually during the regular seasons estab-
lished by the State Fish and Game Commission, during the period Sep-
tember 1 through January 31, and with shotguns only, within those por-
tions bounded by the Bernasconi Pass Road and a posted boundary to the
lake shore; the lake shoreline northerly to a posted boundary to the Davis
Road; the Davis Road easterly to the state recreation area boundary; and
the state recreation area boundary southerly and westerly to the point of
beginning at the Bernasconi Pass Road.
That portion of the lake area posted with buoys to approximately 1556
contour line from the first ridge and the lake shoreline northerly of the
Bernasconi Pass Road, northerly to an outcropping of rocks and posted
with buoys on the east shoreline located approximately on a bearing of
north 70 degrees east from the top of Alessandro Island.
A map of the portions of the state recreation area open to hunting shall
be available at the state recreation area office for examination.
(g) Hunting. Harry A. Merlo State Recreation Area.
There is opened to hunting annually during the regular waterfowl
hunting season, as established by the State Fish and Game Commission,
all lands in the Harry A. Merio State Recreation Area at or below the 20
foot elevation contour. Possession of a loaded firearm will be illegal
within the urut at all elevations above 20 feet at all limes.
A map of the portions of the state recreation area open to hunting shall
be available at the state recreation area office for examination.
(h) Hunting. Franks Tract State Recreation Area.
There is opened to waterfowl hunting annually from the opening day
of hunting season for ducks and geese, whichever is earlier, to and includ-
ing the closing day of this season, whichever is later as estabhshed by the
Fish and Game Commission, in all of Franks Tract State Recreation Area,
except the 330 acre island known as Little Franks Tract, which is
bounded on the south and west by Piper Slough, on the North by False
River, and on the east by the open water portion of Franks Tract State
Recreation Area; also excepting that portion of Franks Tract State Recre-
ation Area lying southwest of the following line: beginning at a point on
Little Franks Tract, 2,000 feet north of Piper Slough, thence southeast
2,000 feet east of Piper Slough levee to the junction of Hohand Island le-
vee.
A map of the portions of Franks Tract State Recreation Area open to
hunting shall be available at the Delta District office at Brannan Island
State Recreation Area for examination.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003.1, 5017, 5019.5 and 5019.56, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section heading and section, adding
new subsection (a) and renumbering former sections 4503^509 to new subsec-
tions 4501 (b)-(h) filed 6-1 8-96 pursuant to section 1 00, title 1 , California Code
of Regulations (Register 96, No. 25).
§ 4502. Prohibition of Taking Game Not Regulated or
Protected by Statute Where Hunting Is
Permitted.
NOTE; Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5001.65, 5003 and 5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4503. Hunting. Auburn State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
3. Change without regulatory effect renumbering former section 4503 to new sub-
section 4501(b) filed 6-1 8-96 pursuant to section 100, title 1 , California Code
of Regulations (Register 96, No. 25).
§ 4504. Hunting, San Luis Reservoir State Recreation
Area.
NOTE: Authority cited: Section 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect renumbering former section 4504 to new sub-
section 4501(c) filed 6-18-96 pursuant to section 100, title 1, CaUfomiaCode
of Regulafions (Register 96, No. 25).
§ 4505. Hunting, Providence Mountains State Recreation
Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4505 to new sub-
section 4501(d) filed 6-18-96 pursuant to section 100, title 1, California Code
of Regulafions (Register 96, No. 25).
§ 4506. Hunting, Lake Oroville State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Secfions 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
Page 456
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§ 4601.1
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect renumbering former section 4506 to new sub-
section 4501(e) filed 6-1 8-96 pursuant to section 100, title 1 , California Code
of Regulations (Register 96, No. 25).
§ 4507. Hunting, Lake Perris State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4507 to new sub-
section 4501(0 filed 6-18-96 pursuant to section 100, title 1, California Code
of Regulations (Register 96, No. 25).
§ 4508. Hunting, Harry A. Merlo State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4508 to new sub-
section 4501(g) filed 6-18-96 pursuant to section 100, title 1, California Code
of Regulations (Register 96, No. 25).
§ 4509. Hunting, Franks Tract State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code.
History
1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4509 to new sub-
section 4501 (h) filed 6-18-96 pursuant to section 100, title 1 , California Code
of Regulations (Register 96, No. 25).
•
Chapter 6. Provisions Limited to Specific
Units
§ 4600. Hearst San Simeon State Historical l\/lonUiinent.
(a) Tours.
All visitors shall remain with the designated guide; and no person shall
depart from the route of tour as designated by the guide, or stray without
permission of such guide or his/her superiors into areas prohibited to visi-
tors and so marked.
(b) Handling Objects.
No person other than officers or employees of the Department in the
course of duty shall touch, handle, or move any object or exhibit.
(c) Food and Beverages.
No person shall possess, carry, or consume food or beverages on the
route of tour or in any vehicle on such route.
(d) Photographs and Cameras.
No photography is to interfere with scheduled tours, and the time lim-
its allotted them. No photographer is to leave the tour route, use any kind
of artificial light, tripod, or set any equipment down on any surface with-
out permission from the Department.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003, 5008 and 5019.59, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section and renumbering former
sections 4600.1-4600.3 and 4600.6 to new subsections (a)-(d), respectively,
with amendments thereto, filed 6-1 8-96 pursuant to section 1 00, title 1 , Califor-
nia Code of Regulations (Register 96, No. 25).
§4600.1. Tours.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4600.1 to new
4600(a), with amendments, filed 6-1 8-96 pursuant to section 100, title 1 , Cali-
fornia Code of Regulations (Register 96, No. 25).
§ 4600.2. Handling Objects.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4600.2 to new
4600(b), with amendments, filed 6-1 8-96 pursuant to section 100, title 1, Cali-
fornia Code of Regulations (Register 96, No. 25).
§ 4600.3. Food and Beverages.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4600.3 to new
4600(c) filed 6-1 8-96 pursuant to section 100, title 1, California Code of Regu-
lations (Register 96, No. 25).
§ 4600.4. Smoking.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 25).
§ 4600.5. Dogs or Pets.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5),
2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to
secfion 100, fitle 1, California Code of Regulanons (Register 96, No. 25).
§ 4600.6. Photographs and Cameras.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4600.6 to new
4600(d), with amendments, filed 6-18-96 pursuant to section 100, fitle 1, Cali-
fornia Code of Regulations (Register 96, No. 25).
§ 4601 . Torrey Pines and Point Lobos State Reserves, and
Penasquitos Marsh Natural Preserve.
All sections shall apply to all upland areas of Torrey Pines State Re-
serve which areas are defined as all portions of the reserve lying on the
southwest and northeast sides of Soledad Valley above the 20 foot eleva-
tion contour, and to all of the Penasquitos Marsh Natural Preserve.
No person shall:
(a) Picnic anywhere in the reserve except where designated by the Dis-
trict Superintendent.
(b) Leave designated trails that are so posted.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section heading and section, and
adding text from former secfion 4601.1 filed 6-18-96 pursuant to section 100,
fitle 1, California Code of Regulafions (Register 96, No. 25).
§ 4601 .1 . Torrey Pines State Reserve.
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
Page 457
Register 96, No. 25; 6-21 -96
§ 4601.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulator)' effect moving portions of section to section 4601 and
repealing remainder of section filed 6-18-96 pursuant to section 100, title 1,
California Code of Regulations (Register 96, No. 25).
§4601.2. Penasquitos Marsh Natural Preserve.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5008 and 5019.71, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86. No.
5).
3. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96, No. 25).
§ 4602. Point Lobos State Reserve.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003 and 5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4603. Angel Island State Park.
(a) No person shall land a ship or boat on said park other than at a dock
or place designated by the District Superintendent. No person shall so
land when such dock or place is occupied, or when the District Superin-
tendent forbids landing because he/she has determined that the facilities
of the unit are full, or after local closing hours. No person shall enter said
unit other than by ship or boat, or by swimming ashore, or from a ship or
boat lying offshore.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending subsection (a) and repealing sub-
section (b) filed 6-18-96 pursuant to secfion 100, title 1, California Code of
Regulations (Register 96, No. 25).
§ 4604. Carrizo Impact Area.
The Carrizo Impact Area is hereby closed to the general public pend-
ing the accomplishment of decontamination procedures. The Carrizo Im-
pact Area herein referred to is all that real property in the County of Impe-
rial, State of California, more particularly described as follows:
The south half and south half of the north half of Sections 8, 9, and 1 0;
and all of Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, and 35,
Township 14 South, Range 9 East, S.B.B.&M. and Sections 1 , 2, 3, 4, 5,
6, lOtolSinclusive, theeasthalfandalloflotsS, 6, 7,8, 9, 10, 11, 13,
15, 16, 17, 18, 19, 20, 30, 31 and 32 of Section 7 and east half and Lots
5,6,7,8,9, 10,11,12,13, 14,15,16, 17,18,19,20,21,22,23,24,25,
26, 27, 28, 29, 30, and 31 of Section 18, east half and east half of west half
and Lots 1, 2, 3, 4, in Section 16; north half, north half of south half,
southeast quarter of southwest quarter, south half of southeast quarter,
and Lot 1 of Section 9; Lots 1,2, 3,4, 5, 6, and 7 of Section 17, Township
15 South, Range 9 East, S.B.B.&M.
Said area is further described and delineated on that map entitled "Car-
rizo Closure Map" filed in the director's office and posted in the office
of the District Superintendent of Anza-Borrego Desert State Park.
No person shall during the effective period of this regulation enter the
Carrizo Impact Area; provided, however, that personnel of the armed
forces of the United States may enter for the purposes of decontamination
and ordnance disposal; provided, further, that public officers of the
United States, of the state, and of other public agencies and their em-
ployees, contractors, and agents, may enter for a public purpose only on
prior permission in writing by the district superintendent on such terms
and conditions as may be prescribed; and provided, further, that nothing
herein contained shall be construed in derogation of any right therein
heretofore by instrument duly granted.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 506. 546, 5003 and 5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4605. Lake Elsinore State Recreation Area.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5019.56. Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Recister 86, No.
3).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4605.1 . Lake Elsinore State Recreation Area.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5008 and 5019.56, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 25).
§ 4605.2. Construction.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5008 and 5019.10, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, ntle 1, California Code of Regulations (Register 96, No. 25).
§ 4605.3. Traffic Patterns.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference; Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Reeister 86, No.
5)-
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4605.4. Ski Tow Rope.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
3).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4605.5. Towed Equipment.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4605.6. Sailboats.
NOTE: Authority cited; Section 5003, Public Resources Code. Reference; Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4606. Lake Natoma. Folsom Lake State Recreation Area.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 506, 546, 5003 and 5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
Page 458
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§ 4610.2
2. Change withoul regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4607. Benbow Lake State Recreation Area.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Resister 86, No.
5).
2. Change without regulatory effect repealing section tiled 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4608. Mt. San Jacinto State Wilderness.
(a) At no time shall the number of persons camping in the state wilder-
ness exceed 400.
(b) No person shall enter Mt. San Jacinto State Wilderness without
first obtaining the required permit.
NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5001.5, 5003, 5008, 5017 and 5019.5, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4609. Pismo Dunes State Vehicular Recreation Area.
(a) Unless provided for in these provisions, all of the provisions of the
California Vehicle Code apply to Pismo Dunes State Vehicular Recre-
ation Area, CVC21 113.
(b) Vehicles.
All vehicles shall be registered under the provisions of the California
Vehicle Code, Sections 4000 or 38010 and may operate as follows:
(1) The boundaries of such vehicle use shall be designated by the Dis-
trict Superintendent as shown on a map posted at the unit.
(2) The towing by a vehicle of any object other than another vehicle
or trailer is prohibited.
(3) All Off-Highway vehicles registered under California Vehicle
Code Section 38010 or other vehicles primarily operated for Off-High-
way Vehicle activities shall be equipped with a whip, which is any pole,
rod or antenna, that is securely mounted on the vehicle and which extends
at least eight (8) feet from the surface of the ground when the vehicle is
stopped.
When the vehicle is stopped, the whip shall be capable of standing up-
right when supporting the weight of any attached flags.
At least one whip attached to each vehicle shall have a solid red or
orange colored safety flag with a minimum size of six (6) inches by
twelve (12) inches and be attached within ten (10) inches of the top of the
whip. Flags may be of pennant, triangle, square, or rectangular shape.
Club or other flags may be mounted below the safety flag or on a second
whip.
(4) When a vehicle is operated in the dunes area, which is that land area
extending from the first line of sand dunes inland outside Pismo Dunes
Natural Preserve, the vehicle shall have additional equipment as follows:
Each vehicle, except two, three and four wheeled cycles, shall be
equipped with adequate roll bars or roof structure of sufficient strength
to support the weight of the vehicle and shall have a secure seat and seat
belt for the vehicle operator and each passenger. Seat belts shall be as spe-
cified in the California Vehicle Code.
NOTE: Authority cited: Section 5003 and 5008, Public Resources Code. Refer-
ence: Sections 5003 and 5008, Public Resources Code; and Sections 4000, 21113
and 38010, Vehicle Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing first sentence, adding subsection (a)
designator, and renumbering former section 4609.1 to new subsections
(b)-(b)(4), with amendments, filed 6-18-96 pursuant to section 100, title 1 , Cal-
ifornia Code of Regulations (Register 96, No. 25).
§4609.1. Vehicles.
NOTE: Authority cited: Sections 5003 and 5088, Public Resources Code. Refer-
ence: Sections 5001 .65, 5001 .8, 5003 and 5008, Public Resources Code; and Sec-
tion 21 1 13, Vehicle Code.
History
1. Repealer ofsub.section(d) filed 5-25-79; effective thirtieth day thereafter (Reg-
ister 79, No. 21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
3. Change without regulatory effect renumbering former section 4609.1 to new
subsections 4609(b)-(b)(4). with amendments, filed 6-18-96 pursuant to sec-
tion 100, title 1 , California Code of Regulafions (Register 96, No. 25).
§ 4609.2. Drivers' Licenses.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
12501, Vehicle Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4609.3. Drivers' Licenses, Off-Highway Units.
NotE: Authority cited: Section 5003, Public Resources Code. Reference:Section
12501, Vehicle Code.
History
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 4609.3 to new
section 4610 filed 6-18-96 pursuant to secfion 100, title 1 , California Code of
Regulations (Register 96, No. 25).
§ 4610. Drivers' Licenses, Off-Highway Units.
Unlicensed drivers may operate a vehicle in off-highway division
units as follows:
(a) The unlicensed driver shall be accompanied and supervised at all
times by a licensed driver who must be in, on, or about the vehicle being
operated. The licensed driver supervising shall supervise not more than
three (3) unlicensed drivers at any one time.
(b) The unlicensed driver must be capable of operating all vehicle con-
trol mechanisms and is prohibited from operating a vehicle during night-
time hours or outside the designated off-highway vehicle area.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference:Section
12501, Vehicle Code.
History
1. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former section 461 0 to new sec-
tion 461 1 and renumbering former section 4609.3 to new section 4610 filed
6-18-96 pursuant to section 100, title 1 , Cahfomia Code of Regulafions (Regis-
ter 96, No. 25).
§ 4610.1 . Units Open for Rockhounding.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
fions 5001.65 and 5008, Public Resources Code.
History
1. Amendment filed 5-25-79; effective thirtieth dav thereafter (Register 79, No.
21).
2. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No.
5).
3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
4. Change without regulatory effect renumbering sections 46 1 0. 1 , 46 1 0.2, 46 1 0.3,
4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, subsections
(b)-(i), respectively, with amendments filed 6-1 8-96 pursuant to section 100,
title 1, California Code of Regulations (Register 96, No. 25).
§4610.2. Commercial Use.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5001.65, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
2. Change without regulatory effect renumbering former sections 4610.1 , 4610.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 96, No. 25).
Page 459
Register 96, No. 25; 6-21-96
§ 4610.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 461 0.3. Maximum Tal<e.
NOTE: Authority cited: Section 5003. Public Resources Code. Reference: Section
5001.65, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
3).
2. Change without regulatory effect renumberine former sections 461 0. 1 , 4610.2.
4610.3, 4610.5, 4610.7, 4610.8. 4610.9 and 4610.10 to new section 461 1, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 96, No. 25).
§4610.4. Disturbing Land.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 25).
§4610.5. Use of Tools.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former sections 4610. 1 , 4610.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100. title 1, California Code of Regulations (Register 96, No. 25).
§4610.6. "Float" Materials.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008. Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4610.7. Areas for Swimming and Boating.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former sections 461 0. 1 , 461 0.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub-
sections (b)-(i), respectively, with amendments filed 6-1 8-96 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4610.8. Areas Limited for Collecting.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former sections 4610.1 , 4610.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4610.9. Indian Artifacts.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect renumbering former sections 4610.1, 4610.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100, title 1, California Code of Reguladons (Register 96, No. 25).
§ 461 0.1 0. Panning for Gold.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Chanee without regulatory effect renumbering former secfions 4610.1, 4610.2,
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub-
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec-
tion 100, ritle 1, California Code of Regulations (Register 96, No. 25).
§4611. Rockhounding.
(a) Rockhounding is authorized by Section 5001. 65 of the Public Re-
sources Code.
(b) Units and portions thereof (o)pen for Rockhounding will be posted
in accordance with Section 4301(1).
(c) Commercial Use.
Rocks or mineral specimens gathered within a unit may not be sold or
used commercially for the production of profit.
(d) Maximum Take.
One person may gather, in one day in one unit, not more than 15
pounds of mineral ogical material or not more than one specimen plus 15
pounds of mineralogical material.
(e) Use of Tools.
Tools, except goldpans to be used in gold panning, may not be used
in rockhounding within a unit.
(f) Areas for Swimming and Boating.
In state recreation areas rockhounding may not be practiced in areas
designated for swimming or for boat launching.
(g) Areas Limited for Collecting.
In state recreation areas rockliounding is limited to beaches which lie
within the jurisdiction of the Department and within the wave action zone
on lakes, bays, reservoirs, or on the ocean, and to the beaches or gravel
bars which are subject to annual flooding on streams.
(h) Indian Artifacts.
Rockhounding in a unit specifically does not include the gathering of
Indian arrowheads, Indian stone tools, or other archeological specimens,
even when such specimens may be found occurring naturally on the sur-
face.
(i) Panning for Gold.
Panning for gold is considered to be "rockhounding" as the term is
applied in the Department. The goldpan is the only exception permitted
to the exclusion of tools from rockhounding in a unit as provided in Sec-
tion 4610.5. Muddy water from panning operations must not be visible
more than 20 feet from the panning operation.
NOTE: Authority cited: Sections 5001.65 and 5003, Public Resources Code. Ref-
erence: Section 5001.65, Public Resources Code.
History
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect repealing section and renumbering sections
4610, 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4^610.10 to
new section 4611, subsections (a)-(i), respectively, with amendments, filed
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 25).
§ 4612. Crystal Cove Historic District.
No person shall repair, alter, modify, add to, or reduce any structure
within the "Historic District" of Crystal Cove State Park without first ob-
taining a permit from the Department.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4613. California State Railroad Museum.
The California State Railroad Museum, for the purposes of this sec-
tion, includes the Museum of Railroad History Building, the Big Four
Building, the Central Pacific Passenger Station, Central Pacific Freight
Depot, and the train equipment operated by the Museum.
(a) Carrying Capacity.
Except as authorized by the Department, no person or groups shall en-
ter a Museum facihty when notified by staff or posted at the museum en-
Page 460
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4656
trances that the facility is currently occupied by the number of persons
or groups established as the appropriate carrying capacity.
(b) Photography.
No person shall use photographic equipment or techniques when in-
formed by staff or posted notice that their use is prohibited.
(c) Artifacts and Exhibits.
Except as authorized by the Department, no person shall touch, handle
or move any artifact, museum object or exhibit.
(d) CHmbing.
Except as authorized by the Department, no person shall climb on any
object or exhibit.
(e) Food and Drink.
Except as authorized by the Department, no person shall possess, carry
or consume food or beverage within any facility, building or equipment.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003 and 5008, Public Resources Code.
HrSTORY
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect repealing first sentence and second paragraph,
and renumbering former sections 46 1 3. 1 ^6 1 3.5 to new subsections (aj-(e), re-
spectively, with amendments, filed 6-18-96 pursuant to section 100, title 1,
California Code of Regulations (Register 96, No. 25).
§ 4613.1. Carrying Capacity.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003 and 5008, public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1-4613.5
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96
pursuant to section 100, title 1, California Code of Regulations (Register 96, No.
25).
§4613.2. Photography.
NOTE; Authority cited: Section 5003, PubUc Resources Code. Reference: Sec-
tions 5003 and 5008, Public Resources Code.
History
1 . New section filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1^613.5
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96
pursuant to section 100, title 1 , California Code of Regulations (Register 96, No.
25).
§ 4613.3. Artifacts and Exhibits.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1^613.5
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96
pursuant to section 100, fitle 1 , California Code of Regulations (Register 96, No,
25).
§4613.4. Climbing.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference; Sec-
tions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1^613.5
to new subsections 461 3 (a)-(e), respectively, with amendments, filed 6-18-96
pursuant to section 100, title 1, California Code of Regulations (Register 96, No.
25).
§ 4613.5. Food and Drink.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect renumbering former sections 4613.1^613.5
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96
pursuant to section 100, title 1, California Codeof Regulafions (Register 96, No.
25).
§ 4613.6. Dogs and Pets.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5003 and 5008, Public Resources Code.
History
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35).
2. Change without regulatory effect repealing secrion filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
Chapter 7. Aquatic and Boating
§ 4650. Swimming.
No person shall swiin in areas prohibited for swimming. Such areas
shall be designated by the posting of notices.
NOTE; Authority cited: Section 5003, Pubhc Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4651 . Swimming Areas.
No person shall operate any boat or ride, pull or tow any aquaplane or
water-ski or any other device within any designated swimming area or
within fifty (50) feet of the existing boundary of any designated swim-
ming area or boundaries which are marked by buoys placed fifty (50) feet
apart and the area posted on shore by signs.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4652. Floating Devices.
No person shall use, operate, or bring into an open zone, floating de-
vices such as rubber crafts, surfboards, surfmats, buoys, kites, exper-
imental crafts, or any other floating device other than those approved
boats, aquaplanes or water-skis and related equipment. The Department
may permit the use of certain unauthorized floating devices in open zones
on occasions where traffic is such as to render them safe and during spe-
cial events, games, tests, or experiments.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Secfion
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
5).
§ 4653. False Drowning Alarm.
No person shall give or transmit a false signal or a false alarm of
drowning in any manner or mode.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4654. Surf-Riding.
No person shall engage in surf-riding in an area where so prohibited
and posted.
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending secfion filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4656. Diving.
No person shall dive in any unit of the State Park System. As used in
this section, dive means to plunge from any height, especially, but not
limited to, head first into water.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
5).
Page 461
Register 96, No. 25; 6-21-96
§4657
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35).
§ 4657. Launching Areas.
No person shall launch or beach a boat or weigh anchor or cast off
wiien the Department has by posting an order prohibiting the same. Such
orders shall prescribe the time and area in which effective.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4658. Boat Speed Limits.
No person shall operate a boat in a unit at speeds in excess of that
posted.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section filed 6-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 25).
§ 4659. Operating Boats During Nighttime.
Where night boating is authorized, no person shall operate a boat at
speeds in excess of five (5) nautical miles per hour.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4660. Vessels.
(a) No person shall beach, land, launch, moor, dock or berth a vessel,
boat, or any other object overnight except in areas so designated and
posted by the area manager.
(b) The Department may, by posting of an order, specify locations,
conditions, and limitations for the beaching, landing, launching, moor-
ing, docking, or berthing of a vessel, boat, or any other object. No such
posting of notice shall apply until signs or markings giving notice thereof
have been placed.
(c) Beached or abandoned vessels, boats, or any other objects are to be
removed by the registered owner from Departmental property within
twenty-four (24) hours of notification. The last registered owner of re-
cord is responsible and is thereby liable for the cost of removal and dispo-
sition of the vessel, boat, or other object beached or abandoned.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5005.6 and 5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4661 . Disposal of Waste from Boats.
Any boat must be so constructed or equipped that all wastes, including
but not limited to shower water and human waste, are discharged into a
holding tank. Such wastes shall only be discharged in onshore disposal
facilities.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4662. Inspections.
(a) A State Park Peace Officer or Peace officer with concurrent juris-
diction may inspect any vessel or boat at any time for comphance with
all applicable laws, rules, and/or regulations. Any person who refuses to
allow such inspection shall immediately remove his/her vessel from the
waters of the state park system.
(b) No boat shall remain launched or in continuous use in the state park
system for inore than 30 days except by concession granted.
NoTE: Authority cited: Section 5003. Public Resources Code. Reference: Sec-
tions 5001.96 and 5008, Public Resources Code.
History
1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
2. Amendment of NOTE filed 1-28-86; effective thirtieth day thereafter (Register
86, No. 5).
3. Change without regulatory effect amending subsection (a) and repealing sub-
section (b), with subsection relettering, filed 6-18-96 pursuant to section 100,
title 1, (California Code of Regulations (Register 96, No. 25).
§ 4663. Erection of Tent.
NotE; Authority cited: Section 5003, Public Resources Code. Reference: Secfion
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5)..
2. Change without regulatory effect renumbering former secfion 4663 to new sub-
section 4323(c) filed 6-18-96 pursuant to secfion 100, Utle 1, California Code
of Regulations (Register 96, No. 25).
§ 4664. Underwater Activities.
No person shall:
(a) Enter an underwater park unit or scenic or scientific reserve other
than through an established water entry point.
(b) As used in this section, underwater activities shall mean engaging
in activities beneath the surface of the water.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
fions 5008, 5019.50 and 5019.53, Public Resources Code.
History
1 . Amendment of NOTE filed 1-28-86; effecfive thirtieth day thereafter (Register
86, No. 5).
2. Change without regulatory effect repealing subsections (a), (b) and (e), subsec-
tion relettering, and amendment of newly designated subsections (a) and (b)
filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 25).
§ 4665. Power-Driven Vessel Operator.
NOTE; Authority cited: Secfion 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1 . Repealer of Section 4665 filed 5-25-79; effecfive thirtieth day thereafter (Reg-
ister 79, No. 21).
2. Editorial correcfion reprinfing Secfion 4665 heading which was inadvertently
deleted in a prior register (Register 86, No. 5).
Chapter 8. Winter Sports
§ 4700. Runaway Snow Skis.
No person shall engage in downhill snow skiing in a state park without
an Arlberg strap, long thong, a nylon cord, or adequate device to prevent
runaway skis.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4701 . Designated Winter Sports Areas.
No person shall use or operate a toboggan, sled, tow rope, snow disc,
or vehicle adapted to travel in or over snow, or ski, or construct, use, or
operate a ski Uft or tramway or machinery incidental to any of the forego-
ing, except in areas as designated by the Department.
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Secfion
5008, Public Resources Code.
History
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
5).
Page 462
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4730
Chapter 9. Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§ 4725. Definitions.
(a) "Firm'" means any individual, firm, partnership, corporation, asso-
ciation, or other legal entity permitted by law to practice the professions
of architecture, landscape architecture, engineering, environmental ser-
vices, land surveying or construction project management.
(b) "Small Business" means a firm that complies with the provisions
of Government Code Section 14837.
(c) "Director" means the Director of the Department of Parks and Rec-
reation or the Director's designee authorized to act on his or her behalf.
(d) "Department" means the Department of Parks and Recreation.
(e) "Architectural, landscape architectural, engineering, environmen-
tal, land surveying services" and "construction project management"
means those services, as defined in Section 4525 of the Government
Code.
(f) The terms "minority business enterprise" and "women business en-
terprise" shall have the respective meanings set forth in Section 10115.1
of the Public Contract Code.
(g) The term "disabled veteran business enterprise" shall have the
meaning set forth in Section 999 of the Military and Veterans Code.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4525 and 4526, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4726. Selection Criteria.
The Director shall utilize selection criteria for each proposed project
which will comprise the basis for the selection of eligible firms to per-
form the required services. The criteria are to include such factors as:
(a) Professional experience of the firm in performing services of simi-
lar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated
with the services required.
(g) Specialized experience of the firm in the services to be performed,
(h) Participation as small business firm.
(i) Other factors the Director deems relevant to the specific task to be
performed.
These factors shall be weighed by the Director according to the nature
of the proposed project, the complexity and special requirements of the
specific services, and the needs of the Department.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.5, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4727. Announcement of Project.
(a) A statewide announcement of each proposed project shall be pub-
lished in the California State Contracts Register, in accordance with the
Government Code (commencing with Section 14825), and in the publi-
cations of the respective professional societies. Failure of any profes-
sional society to publish the announcement shall not invalidate any con-
tract.
(b) The announcement for each proposed project shall include, at a
minimum, a brief description of the services required, location, duration,
eligibility and preferences, submittal requirements, contact person for
the Department, and the final response date for receipt of statements from
firms of their demonstrated competence and professional qualifications.
(c) The Director shall identify potentially qualified small business
firms interested in contracting with the Department, and shall provide co-
pies of project announcements to those small business firms that have in-
dicated an interest in receiving the announcements. Failure of the Direc-
tor to send a copy of an announcement to any firm shall not invalidate any
contract.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4527, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4728. Selection of Qualified Firms.
(a) After the expiration of the final response date in the published proj-
ect announcement, the Director shall review and evaluate the written
statements of demonstrated competence and professional qualifications
using the selection criteria contained in Section 4726, and rank, in order
of preference, the firms determined as eligible to perform the required
services.
(b) The Director shall conduct discussions with at least the three most
eligible firms, or a lesser number if fewer than three eligible firms have
responded, about anticipated concepts and the benefit of alternative
methods for furnishing the required services. From the firms with which
discussions are held, the Director shall select, in order of preference, not
less than three firms, or lesser number if fewer than three eligible firms
responded, deemed to be the most highly qualified to perform the re-
quired services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4527, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4729. Estimate of Value of Services.
(a) Before entering into discussion with any firm selected pursuant to
Section 4728, the Director shall direct the Department staff to prepare an
eSrirnate of the value of the proposed project, based upon accepted rates
for comparable services. The estimate will serve as a guide in determin-
ing fair and reasonable compensation in the negotiation of a satisfactory
contract in accordance with the provisions of Section 4731, and shall not
be disclosed until award of the contract or abandonment of the negoti-
ation process for the services to which it relates.
(b) At any time the Director determines the Department's estimate to
be unrealistic for any reason, the Director shall require the estimate to be
reevaluated and, if deemed necessary, modified.
Note: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4528, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4730. statewide Participation Goals.
In the negotiation of a satisfactory contract as provided in Section
4731, the best qualified firm must meet the statewide participation goals
for disabled veteran, minority and women business enterprises of not less
than 3 percent for disabled veteran business enterprises, not less than 15
percent for minority business enterprises, and not less than 5 percent for
women business enterprises, or demonstrate that a good faith effort was
made to meet them. The best qualified firm shall comply with the state-
wide paiticipafion goals as required by the regulations contained in Title
2, California Code of Regulafions, Sections 1896.61-1896.67 and
1896.90-1896.96.
NOTE: Authority cited: Section 4526, Government Code; Section 1 01 15.3, Public
Contract Code; and Section 999.5, Military and Veterans Code. References: Sec-
tion 4528, Government Code; Sections 10115, 10115.1, 10115.2 and 10115.3,
Public Contract Code; and Sections 999, 999.1, 999.2, 999.3, 999.4 and 999.5,
Military and Veterans Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
Page 462.1
Register 96, No. 25; 6-21-96
§ 4731
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§4731. Negotiation.
(a) From among the firms selected in Section 4728, as most highly qu-
alified to perform the services required, the Director shall attempt to ne-
gotiate a satisfactory contract with the best qualified firm at a compensa-
tion which the Department determines is fair and reasonable.
(b) If the Director is unable to negotiate a satisfactory contract with the
best qualified firm at a compensation which the Department determines
is fair and reasonable, negotiations with that firm shall be terminated and
negotiations undertaken with the second best qualified firm. If unable to
negotiate a satisfactory contract with the second best qualified firm at a
compensation which the Department determines is fair and reasonable,
negotiations with that firm shall be terminated and negotiations under-
taken with the third best qualified firm. If unable to negotiate a satisfacto-
ry contract with the third best qualified firm at a compensation which the
Department determines is fair and reasonable, negotiations with that firm
shall be terminated.
(c) Where the Director is unable to negotiate a satisfactory contract in
accordance with subsections (a) and (b), the Director shall continue the
negotiations process with the remaining qualified firms, if any, in order
of preference, until a satisfactory contract is reached. If unable to negoti-
ate a satisfactory contract with any of the qualified firms, the Director
shall abandon the negotiation process for the required services.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4527 and 4528, Government Code.
History
] . New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4732. Amendments.
Where the Director determines that a change in the contract is neces-
sary during the performance of the services, the parties may, by mutual
consent, in writing, agree to modifications, additions or deletions in the
general terms, conditions and specifications for the services involved,
with a reasonable adjustment in the firm's compensation.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4528, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4733. Contracting in Phases.
Where the Director determines it is necessary or desirable for a project
to be performed in separate phases, the Director may negotiate a partial
compensation for the initial phase of the services required; provided,
however, the Director first determines that the firm selected is best quali-
fied to perform the entire project. The contract shall include a provision
that the Department may, at its option, utilize the firm to perform other
phases of the services at a compensation which the Department deter-
mines is fair and reasonable, to be later negotiated and included in a mu-
tual written agreement. In the event that the Department exercises its op-
tion under the contract to utilize the firm to perform other phases of the
project, the procedures of this Chapter, regarding estimates of value of
services and negotiation shall be followed.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4528, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4734. Director's Power to Require Bids.
If the Director determines that the services are technical in nature and
involve little professional judgment and that requiring bids would be in
the public interest, a contract shall be awarded on the basis of competitive
bids and not the procedures of this Chapter.
NOTE: Authority cited: Section 4526, Government Code. References: Section
4529, Government Code.
History
1. New section filed 3-31-92; operafive 4-30-92 (Register 92, No. 15).
§ 4735. Unlawful Considerations.
Each contract shall include a provision by which the firm warrants that
the contract was not obtained or secured through rebates, kickbacks or
other unlawful considerations either promised or paid to any Department
employee. Failure to adhere to this warranty may be cause for contract
termination and recovery of damages under the rights and remedies due
the Department under the default provision of the contract.
NOTE: Authority cited: Section 4526, Government Code. References: Secfion
4526, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
§ 4736. Prohibited Relationships.
No Department employee who participates in the evaluation or selec-
tion process leading to award of a contract shall have a relationship with
any of the firms seeking that contract, if that relationship is subject to the
prohibition of Government Code Section 87100.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526, 87100 and 87102, Government Code.
History
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15).
Chapter 10. Classification of Park Units
§ 4751 . State Parks.
In the interest of the public, the following units in the State Park Sys-
tem are classified in the category of State Parks, as provided in Section
5019.53 of the Public Resources Code, provided, however, that there is
reserved the power to repeal, amend or modify this section as may from
time to time hereafter be necessary and proper:
Ahjumawi Lava Springs State Park
Andrew Molera State Park
Angel Island State Park
Annadel State Park
Anza-Borrego Desert State Park
Big Basin Redwoods State Park
Border Field State Park
Bothe-Napa Valley State Park
Burton Creek State Park
Butano State Park
Calaveras Big Trees State Park
Castle Crags State Park
Castle Rock State Park
Caswell Memorial State Park
China Camp State Park
Chino Hills State Park
Clear Lake State Park
Crystal Cove State Park
Cuyamaca Rancho State Park
D. L. Bliss State Park
Del Norte Coast Redwoods State Park
Donner Memorial State Park
Emerald Bay State Park
Forest of Nisene Marks State Park, The
Fremont Peak State Park
Gaviota State Park
Grizzly Creek Redwoods State Park
Grover Hot Springs State Park
Hendy Woods State Park
Henry Cowell Redwoods State Park
Henry W. Coe State Park
Humboldt Lagoons State Park
Humboldt Redwoods State Park
Jedediah Smith Redwoods State Park
Julia Pfeiffer Bums State Park
MacKerricher State Park
Malibu Creek State Park
McArthur-Bumey Falls Memorial State Park
Mendocino Headlands State Park
Montana de Oro State Park
Page 462.2
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4753
Morro Bay State Park
Mount Diablo State Park
Mount San Jacinto State Park
Mount Tamalpais State Park
Palomar Mountain State Park
Patrick's Point State Park
Pfeiffer Big Sur State Park
Placerita Canyon State Park
Plumas-Eureka State Park
Point Mugu State Park
Portola State Park
Prairie Creek Redwoods State Park
Red Rock Canyon State Park
Riciiardson Grove State Park
Robert Louis Stevenson State Park
Russian Gulch State Park
Saddleback Butte State Park
Salt Point State Park
Samuel P. Taylor State Park
San Bruno Mountain State Park
Sinkyone Wilderness State Park
Sugar Pine Point State Park
Sugarloaf Ridge State Park
Tomales Bay State Park
Topanga State Park
Van Damme State Park
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5019.50 and 5019.53, Public Resources Code.
History
1 . Amendment filed 1 2-] 7-74; effective thirtieth day thereafter (Register 74, No.
51). For prior history, see Register 74, No. 31.
2. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No.
19).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4752. State Reserves.
In the interest of the pubhc, the following units in the State Park Sys-
tem are classified in the category of State Reserves, as provided in Sec-
tion 5019.65 of the Public Resources Code, provided, however, that there
is reserved the power to repeal, amend, or modify this section as may
from time to time hereafter be necessary and proper:
Armstrong Redwoods State Reserve
Ano Nuevo State Reserve
Antelope Valley California Poppy Reserve
Azalea State Reserve
Caspar Headlands State Reserve
John Little State Reserve
Jug Handle State Reserve
Knowland State Arboretum and Park
Kruse Rhododendron State Reserve
Los Angeles State and County Arboretum
Los Osos Oaks State Reserve
Mailliard Redwoods State Reserve
Mono Lake Tufa State Reserve
Montgomery Woods State Reserve
Point Lobos State Reserve
Smithe Redwoods State Reserve
Torrey Pines State Reserve
Tule Elk State Reserve
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5019.50 and 5019.65, Public Resources Code.
History
1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No.
19). For prior history, see Register 77, No. 2.
2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4753. State Recreation Units.
In the interest of the public the units listed below in the State Park Sys-
tem and the State Vehicular Recreation Area and Trail System are classi-
fied in the categories named, as provided in Section 501 9.56 of the Public
Resources Code, provided, however, that there is reserved the power to
repeal, amend, or modify this section as may from time to time hereafter
be necessary and proper:
(a) State Recreation Areas.
Admiral William Standley State Recreation Area
Auburn State Recreation Area
Austin Creek State Recreation Area
Baldwin Hills State Recreation Area
Benbow Lake State Recreation Area
Benicia State Recreation Area
Bethany Reservoir State Recreation Area
Brannan Island State Recreation Area
Candlestick Point State Recreation Area
Castaic Lake State Recreation Area
Colusa-Sacramento River State Recreation Area
Durham Ferry State Recreation Area
Exposition Multi-Cultural Center State Recreation Area
Folsom Lake State Recreation Area
[The next page is 463.]
Page 462.3
Register 96, No. 25; 6-21-96
Title 14
Department of Parks and Recreation
§4754
Franks Tract State Recreation Area
Fremont Ford State Recreation Area
George H. Hatfield State Recreation Area
Harry A. Merlo State Recreation Area
Kings Beach State Recreation Area
Lake Del Valle State Recreation Area
Lake Elsinore State Recreation Area
Lake Oroville State Recreation Area
Lake Ferris State Recreation Area
McConnell State Recreation Area
Millerton Lake State Recreation Area
Otterbein State Recreation Area
Picacho State Recreation Area
Providence Mountains State Recreation Area
Pyramid Lake State Recreation Area
Salton Sea State Recreation Area
San Luis Reservoir State Recreation Area (including Los Bancs
Creek)
Silverwood Lake State Recreation Area
Standish-Hickey State Recreation Area
Tahoe State Recreation Area (including William B. Layton Park)
Turlock Lake State Recreation Area
Willowbrook State Recreation Area
Woodson Bridge State Recreation Area
(b) Underwater Recreation Areas. (Reserved)
(c) State Beaches.
Asilomar State Beach
Atascadero State Beach
Avila State Beach
Bean Hollow State Beach
Bolsa Chica State Beach
Cardiff State Beach
Carlsbad State Beach
Carmel River State Beach
Carpinteria State Beach
Caspar Headlands State Beach
Cayucos State Beach
Corona del Mar State Beach
Dan Blocker State Beach
Dockweiler State Beach
Doheny State Beach
El Capitan State Beach
El Matador State Beach
El Pescador State Beach
Emma Wood State Beach
Gray Whale Cove State Beach
Half Moon Bay State Beach
Huntington State Beach
La Piedra State Beach
Las Tunas State Beach
Leo Carrillo State Beach
Leucadia State Beach
Lighthouse Field State Beach
Little River State Beach
Malibu Lagoon State Beach
Manchester State Beach
Mandalay State Beach
Manhattan State Beach
Manresa State Beach
McGrath State Beach
Montara State Beach
Monterey State Beach
Moonlight State Beach
Morro Strand State Beach
Moss Landing State Beach
Natural Bridges State Beach
New Brighton State Beach
Oxnard State Beach
Pelican State Beach
Pescadero State Beach
Pismo State Beach
Point Dume State Beach
Point Sal State Beach
Pomponio State Beach
Redondo State Beach
Refugio State Beach
Robert W. Crown Memorial State Beach
Royal Palms State Beach
Salinas River State Beach
San Buenaventura State Beach
San Clemente State Beach
San Elijo State Beach
San Gregorio State Beach
San Onofre State Beach
San Simeon State Beach
Santa Monica State Beach (including Pacific Ocean Park)
Seacliff State Beach
Silver Strand State Beach
Sonoma Coast State Beach
South Carlsbad State Beach
Sunset State Beach
Thornton State Beach
Topanga State Beach
Torrey Pines State Beach
Trinidad State Beach
Twin Lakes State Beach
Westport-Union Landing State Beach
Will Rogers State Beach
William Randolph Hearst Memorial State Beach
Zmudowski State Beach
(d) Wayside Campgrounds
Paul M. Dimmick Wayside Campground
Reynolds Wayside Campground
(e) State Vehicular Recreation Areas.
Carnegie State Vehicular Recreation Area
Clay Pit State Vehicular Recreation Area
HoUister Hills State Vehicular Recreation Area
Hungry Valley State Vehicular Recreation Area
Ocotillo Wells State Vehicular Recreation Area
Pismo Dunes State Vehicular Recreation Area
(f) State Urban Recreation Areas
Seccombe Lake State Urban Recreation Area
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5019.56, Public Resources Code.
History
1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No.
19). For prior history, see Register 75, No. 33.
2. Amendment of subsection (a) filed 1-7-77; effective thirtieth day thereafter
(Register 77, No. 2).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4754. Historical Units.
In the interest of the public, the following units in the State Park Sys-
tem are classified in the category of Historical Units, as provided in Sec-
tion 5019.59 of the Public Resources Code, provided, however, that there
is reserved the power to repeal, amend, or modify this section as may
from time to time hereafter be necessary and proper:
Bale Grist Mill State Historic Park
Benicia Capitol State Historic Park
Page 463
(4-1-90)
§4755
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Bidwell Mansion Slate Historic Park
Bodie State Historic Park
California Citrus State Historic Park
Chumasii Painted Cave Historic Park
Colonel Allensworth State Historic Park
Columbia State Historic Park
El Presidio de Santa Barbara State Historic Park
El Pueblo de Los Angeles State Historic Park
Empire Mine State Historic Park
Fort Humboldt State Historic Park
Fort Ross State Historic Park
Fort Tejon State Historic Park
Governor's Mansion
Hearst San Simeon State Historical Monument
Indian Grinding Rock State Historic Park
Jack London State Historic Park
La Purisima Mission State Historic Park
Los Encinos State Historic Park
Malakoff Diggins State Historic Park
Marshal Gold Discovery State Historic Park
Monterey State Historic Park
Old Sacramento State Historic Park
Old Town San Diego State Historic Park
Olompali State Historic Park State Historic Park
Petal uma Adobe State Historic Park
Pio Pico State Historic Park
Railtown 1897 State Historic Park
San Juan Bautista State Historic Park
San Pasqual Battlefield State Historic Park
Santa Cruz Mission State Historic Park
Shasta State Historic Park
Sonoma State Historic Park
Stanford House State Historic Park
State Indian Museum
Sutter's Fort State Historic Park
Wassama Round House State Historic Park
Watts Towers of Simon Rodia State Historic Park
Weaverville Joss House State Historic Park
Will Rogers State Historic Park
William B. Ide Adobe State Historic Park
Woodland Opera House State Historic Park
NoTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec-
tions 5019.59 and 5019.71, Public Resources Code.
History
1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No.
19). For prior history, see Register 74, No. 51.
2. Amendment filed 1 -7-77; effective thirtieth day thereafter (Register 77, No. 2).
3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
§ 4755. State Wildernesses.
In the interest of the public, the units of the State Park System listed
below are classified in the category of State Wilderness as provided in
Section 5019.68 of the Public Resources Code provided, however, that
there is reserved the power to repeal, amend, or modify this section as
may from time to time hereafter be necessary and proper:
Anza-Borrego Desert State Wilderness
Boney Mountain State Wilderness
Cuyamaca Mountains State Wilderness
Mount San Jacinto State Wilderness
Santa Rosa Mountains State Wilderness
West Waddell Creek State Wilderness
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5019.68, Public Resources Code.
History
1 . New section filed 3-15-74; effective thirtieth day thereafter (Register 74, No.
] ] ). For iiistory of former section, see Register 72, No. 50.
2. Amendment filed 1-28-86; effective thirtieth day thereafter (Reeister 86, No.
5).
§ 4756. State Beaches.
History
1. Amendment filed 12-3-71: effective thirtieth day thereafter (Register 71, No.
49).
2. Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
§ 4757. Wayside Campgrounds.
History
1 . Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
§ 4758. Underwater Parks.
History
1. Repealer filed 12-8-72; effecfive thirtieth day thereafter (Register 72, No. 50).
§ 4759. Natural Preserves.
In the interest of the public the following units of the State Park System
are classified in the category of natural preserves as provided in Section
5019.71 of the Public Resources Code, provided that there is reserved the
power to repeal, amend, or modify this section as may from time to time
hereafter be necessary and proper:
Anderson Island Natural Preserve
Antone Meadows Natural Preserve
Big Lagoon Forest Natural Preserve — East
Big Lagoon Forest Natural Preserve — West
Big Lagoon Forest Natural Preserve — South
Burton Creek Natural Preserve
Doane Valley Natural Preserve
Edwin L. Z'berg Natural Preserve
Ellen Browning Scripps Natural Preserve
Hagen Canyon Natural Preserve
Heron Rookery Natural Preserve
Hungry Valley Oak Woodland Natural Preserve
Kaslow Natural Preserve
La JoUa Valley Natural Preserve
Least Tern Natural Preserve
Liberty Canyon Natural Preserve
Los Penasquitos Marsh Natural Preserve
Mitchell Caverns Natural Preserve
Morro Rock Natural Preserve
Natural Bridges Monarch Butterfly Natural Preserve
Pescadero Marsh Natural Preserve
Pismo Dunes Natural Preserve
San Mateo Creek Wetlands Natural Preserve
Santa Clara Estuary Natural Preserve
Theodore J. Hoover Natural Preserve
Udell Gorge Natural Preserve
Wilder Beach Natural Preserve
Woodson Bridge Natural Preserve
NotE: Authority cited: Secfion 5003, Pubhc Resources Code. Reference: Section
5019.71, Public Resources Code.
History
1 . Amendment filed 12-17-74; effective thirtieth day thereafter (Register 74, No.
51). For prior history, see Register 74, No. 38.
2. Amendment filed 8-15-75; effective thirtieth day thereafter (Register 75, No.
33).
3. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No.
19).
4. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
5. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No.
6).
§ 4760. Cultural Preserves.
In the interest of the public, the following units of the State Park Sys-
tem are classified in the category of Cultural Preserves as provided in
Page 464
(4-1-90)
Title 14
Department of Parks and Recreation
§4851
Section 501 9.74 of the Public Resources Code provided that there is re-
served the power to repeal, amend, or modify this section as may from
time to time hereafter be necessary and proper:
Ah-ha-kwe-ah-mac/Stonewall Mine Cultural Preserve
Barrel Springs Cultural Preserve
Cuish-Cuish Cultural Preserve (East Mesa)
Freeman Canyon Cultural Preserve
Gorman Cultural Preserve
Kechaye Cultural Preserve
Kumeyaay Soapstone Cultural Preserve
Pilicha Cultural Preserve (West Mesa)
Tataviam Cultural Preserve
Wilder Dairy Cultural Preserve
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
5019.74, Public Resources Code.
History
1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No.
5).
Chapter 1 1 . Department of Parks and
Recreation — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409(a), that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of limited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
DEPARTMENT OF PARKS AND RECREATION
1416 NINTH STREET, 14TH FLOOR
SACRAMENTO, CA 95814
FAIR POLITICAL PRACTICES COMMISSION
HOOK STREET
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 11, Division 3
of Title 1 4 of the California Code of Regulations, and consists of sections
numbered and tided as follows:
Chapter 1 1 . Department of Parks and Recreation
— Conflict of Interest Code
Section
4800.
General Provisions
Appendix
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Section 87300, Government Code.
History
1. New Chapter 11 (Articles 1-6, Sections 4800-4865, not consecutive) filed
7-8-77; effective thirtieth day thereafter. Approved by Fair Political Practices
Commission 2-16-77 (Register 77, No. 28). For former Chapter 11, see Regis-
ter 75, No. 33.
2. Repealer of Chapter 1 1 (Articles 1-7, Sections 4800-4865, Appendices A and
B) and new Chapter 1 1 (Section 4800 and Appendix) filed 2-26-81; effective
thirtieth day thereafter. Approved by Fair Political Practices Commission
12-1-80 (Register 81, No. 9).
3. Repealer of section and Appendix and new section and Appendix filed
2-2-2000; operative 3-3-2000. Approved by Fair Political Practices Commis-
sion 12-16-99 (Register 2000, No. 5).
Chapter 11.5. California Register of
Historical Resources
§ 4850. Authority.
On September 27, 1 992, Assembly Bill 288 1 (Statutes of 1 992, Chap-
ter 1075) was signed into law amending the Public Resources Code as it
affects historical resources. This legislation, which became effective on
January 1, 1993, also created the California Register of Historical Re-
sources, henceforth the California Register.
Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1 , 5024.5, 5024.6, 21084
and 21084.1, Public Resources Code.
History
1. New chapter 11.5 (sections 4850-4858 and appendix) and section filed
12-2-97; operative 1-1-98 (Register 97, No. 49).
§4850.1. Purpose.
The California Register is an authoritative listing and guide to be used
by state and local agencies, private groups, and citizens in identifying the
existing historical resources of the state and to indicate which resources
deserve to be protected, to the extent prudent and feasible, from substan-
tial adverse change.
Definitions are found in Appendix A, "A Glossary of Terms", of this
chapter.
NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084
and 21084.1, Public Resources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4851 . Historical Resources Eligible for Listing in the
California Register of Historical Resources.
The California Register consists of historical resources that are: (a)
listed automatically; (b) listed following procedures and criteria adopted
by the State Historical Resources Commission, henceforth the Commis-
sion; and (c) nominated by an application and listed after a public hearing
process.
(a) Historical resources automatically listed in the California Register
include the following pursuant to California Public Resources Code Sec-
tion 5024.1(d)(1) and (2):
(1 ) California historical resources listed in, or formerly determined eli-
gible for, the National Register of Historic Places, henceforth the Nation-
al Register. "Formally determined eligible" for the purpose of this sec-
tion means determined eligible through one of the federal preservation
programs administered by the California Office of Historic Preservation,
henceforth the Office. Specifically, these programs are the National Reg-
ister, Tax Certification (Evaluation of Significance, Part 1, 36 CFR Part
67), and National Historic Preservation Act (Section 106, 16 U.S.C.
470f) reviews of federal undertakings.
(2) California Registered Historical Landmarks, henceforth Land-
marks, from No. 770 onward.
(3) Upon effective date of this chapter, the Office will notify owners
by first class mail that as a result of listing or being formally determined
eligible for listing in the National Register of Historic Places, and/or be-
ing designated a California Registered Historical Landmark subsequent
to, and including No. 770, the resource has been automatically placed in
the California Register. The owner(s) will be advised of the criteria for
listing in the California Register and procedures for removal found in
Sections 4855 and 4856 of this chapter. Removal may be requested at any
time, but must satisfy one of the criteria for removal as listed in Section
4856(a) of this chapter.
(b) Historical resources which require action by the State Historical
Resources Commission to be listed in the California Register. The fol-
lowing resources require review and action by the Commission prior to
listing, but are not subject to the formal nomination and application pro-
cedures described in Section 4851(c) of this chapter.
(1) Landmarks with numbers preceding No. 770 pursuant to California
Public Resources Code Section 5024. 1 (d)(2). Procedures for inclusion of
landmarks preceding No. 770 in the California Register have not been
adopted by the State Historical Resources Commission at the time of in-
ception of this chapter.
(2) California Points of Historical Interest, hereafter Points of Histori-
cal Interest, pursuant to California Public Resources Code Section
5024.1 (d)(3). Points of Historicallnterest, which have been reviewed by
the Office and recommended for listing by the Commission, will be in-
cluded in the California Register if the following conditions are met:
Page 465
Register 2000, No. 5; 2-4-2000
§4852
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(A) The resource meets the statutory criteria for the California Regis-
ter;
(B) A boundary is provided that clearly delineates the area of historic
importance;
(C) A list of contributing and noncontributing features is provided.
Contributing features are those remaining from the resource's period of
historic significance that retain integrity; and
(D) The application is accompanied by the appropriate State Historical
Resources Commission approved recordation form, such as the DPR
Form 523-Historic Resources Inventory Form.
Historical resource owners shall be notified of proposed Commission
actions to nominate Points of Historical Interest to the California Register
sixty (60) days prior to the Commission meeting at which a hearing is
scheduled.
The Office shall notify resource owners of time and location of the
hearing.
The Commission shall hear testimony regarding whether or not the cri-
teria for listing a Point of Historical Interest in the California Register
have been met. If the criteria for listing are met, the Commission shall
recommend that the historical resource be made a Point of Interest lo the
Director of the Department of Parks and Recreation. When the Director
signs the nomination, the historical resource shall be listed as a Point of
Historical Interest and listed in the California Register.
(c) Historical resources which require nomination to be listed in the
California Register pursuant to California Public Resources Code Sec-
tion 5024. l(e)(l)-(5). Historical resources may be nominated to theCah-
fomia Register by individuals, organizations, or government agencies.
(1) An historical resource or historic district;
(2) An historical resource contributing to the significance of a nomi-
nated historic district;
(3) A group of historical resources identified in historic resource sur-
veys, if the survey meets the criteria and standards of documentation
listed in Section 4852(e);
(4) An historical resource, a group of historical resources, or historic
districts designated or listed as city or county landmarks or historical re-
sources or districts pursuant to any city or county ordinance, if the criteria
for designation or listing under the ordinance have been reviewed by the
Office as meeting the California Register criteria as stated in this chapter
and approved by the Commission; or
(5) An historical resource or a group of local landmarks or historical
resources designated under any municipal or county ordinance which has
not been previously approved by the Office.
NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: National Historic Preservation Act (NflPA) of 1966 (16 U.S.C.
470a), as amended: National Environmental Policy Act (NEPA) of 1969 (42
U.S.C. 4321-4347); Title 36, Parts 60, 63, 67 and 800, Code of Federal Regula-
tions; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and
21084.1, Public Resources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4852. Types of Historical Resources and Criteria for
Listing in the California Register of Historical
Resources.
The criteria for listing historical resources in the California Register
are consistent with those developed by the National Park Service for Hst-
ing historical resources in the National Register, but have been modified
for state use in order to include a range of historical resources which bet-
ter reflect the history of California. Only resources which meet the crite-
ria as set out below may be listed in or formally determined eligible for
listing in the California Register.
(a) Types of resources eligible for nomination:
(1) Building. A resource, such as a house, bam, church, factory, hotel,
or similar structure created principally to shelter or assist in carrying out
any form of human activity. "Building" may also be used to refer to an
historically and functionally related unit, such as a courthouse and jail or
a house and barn;
(2) Site. A site is the location of a significant event, a prehistoric or his-
toric occupation or activity, or a building or structure, whether standing,
ruined, or vanished, where the location itself possesses liistorical, cultur-
al, orarcheological value regardless of the value of any existing building,
structure, or object. A site need not be marked by physical remains if it
is the location of a prehistoric event, and if no buildings, structures, or
objects marked it at that time. Examples of such sites are trails, designed
landscapes, battlefields, habitation sites, Native American ceremonial
areas, petroglyphs, and pictographs;
(3) Stmcture. The term "structure" is used to describe a construction
made for a functional purpose rather than creating human shelter. Exam-
ples of structures include mines, bridges, and tunnels;
(4) Object. The term "object" is used to describe those constructions
that are primarily artistic in nature or are relatively small in scale and sim-
ply constructed, as opposed to a building or a structure. Although it may
be moveable by nature or design, an object is associated with a specific
setting or environment. Objects should be in a setting appropriate to their
significant historic use, role, or character. Objects that are relocated to a
museum are not eligible for listing in the California Register. Examples
of objects include fountains, monuments, maritime resources, sculp-
tures, and boundary markers; and
(5) Historic district. Historic districts are unified geographic entities
which contain a concentration of historic buildings, structures, objects,
or sites united historically, culturally, or architecturally. Historic districts
are defined by precise geographic boundaries. Therefore, districts with
unusual boundaries require a description of what lies immediately out-
side the area, in order to define the edge of the district an to explain the
exclusion of adjoining areas. The district must meet at least one of the cri-
teria for significance discussed in Section 4852(b)(l)-(4) of this chapter.
Those individual resources contributing to the significance of the his-
toric district will also be listed in the California Register. For this reason,
all individual resources located within the boundaries of an historic dis-
trict must be designated as either contributing or as noncontributing to the
significance of the historic district.
(b) Criteria for evaluating the significance of historical resources. An
historical resource must be significant at the local, state, or national level
under one or more of the following four criteria;
(1) It is associated with events that have made a significant contribu-
tion to the broad patterns of local or regional history, or the cultural heri-
tage of California or the United States;
(2) It is associated with the lives of persons important to local, Califor-
nia, or national history;
(3) It embodies the distinctive characteristics of a type, period, region,
or method of construction, or represents the work of a master or possesses
high artistic values; or
(4) It has yielded, or has the potential to yield, information important
to the prehistory or history of the local area, California, or the nation.
(c) Integrity. Integrity is the authenticity of an historical resource's
physical identity evidenced by the survival of characteristics that existed
during the resource's period of significance. Historical resources eligible
for hsling in the California Register must meet one of the criteria of sig-
nificance described in section 4852(b) of this chapter and retain enough
of their historic character or appearance to be recognizable as historical
resources and to convey the reasons for their significance. Historical re-
sources that have been rehabilitated or restored may be evaluated for list-
ing.
Integrity is evaluated with regard to the retention of location, design,
setting, materials, workmanship, feeling, and association. It must also be
judged with reference to the particular criteria under which a resource is
proposed for eligibility. Alterations over time to a resource or historic
changes in its use may themselves have historical, cultural, or architec-
tural significance.
It is possible that historical resources may not retain sufficient integri-
ty to meet the criteria for listing in the National Register, but thy may still
be eligible for listing in the California Register. A resource that has lost
Page 466
Register 2000, No. 5; 2-4-2000
Title 14
Department of Parks and Recreation
§4853
its historic character or appearance may still have sufficient integrity for
the California Register if it maintains the potential to yield significant
scientific or historical information or specific data.
(d) Special considerations:
(1) Moved buildings, structures, or objects. The Commission encour-
ages the retention of liistorical resources on site and discourages the non-
historic grouping of historic buildings into parks or districts. However,
it is recognized that moving an historic building, structure, or object is
sometimes necessary to prevent its destruction. Therefore, a moved
building, structure, or object that is otherwise eligible may be listed in the
California Register if it was moved to prevent its demolition at its former
location and if the new location is compatible with the original character
and use of the historical resource. An historical resource should retain its
historic features and compatibility in orientation, setting, and general en-
vironment.
(2) Historical resources achieving significance within the past fifty
(50) years. In order to understand the historic importance of a resource,
sufficient time must have passed to obtain a scholarly perspective on the
events or individuals associated with the resource. A resource less than
fifty (50) years old may be considered for listing in the California Regis-
ter if it can be demonstrated that sufficient time has passed to understand
its historical importance.
(3) Reconstructed buildings. Reconstructed buildings are those build-
ings not listed in the California Register under the criteria in Section
4852(b)(1), (2), or (3) of this chapter. A reconstructed building less than
fifty (50) years old may be eligible if it embodies traditional building
methods and techniques that play an important role in a community's his-
torically rooted beliefs, customs, and practices; e.g., a Native American
roundhouse.
(e) Historical resource surveys. Historical resources identified as sig-
nificant in an historical resource survey may be listed in the California
Register. In order to be listed, the survey must meet the following: (1) the
resources meet the criteria of Section 4852(b)(])-(4) of this chapter; and
(2) the survey documentation meets those standards of resource recorda-
tion established by the Office in the "Instructions for Nominating Histori-
cal Resources to the California Register" (August 1997), Appendix B.
(1) The resources must be included in the State Historical Resources
Inventory at the time of listing of the survey by the Commission.
(2) The Office shall review all surveys to assure the standards of re-
source recordafion, which can be found in the "Instructions for Nominat-
ing Historical Resources to the CaUfomia Register" (August 1997), Ap-
pendix B of this chapter, have been met. If the survey meets the standards,
the Office shall recommend to the Commission that all resources with a
significance rating of category 1 through 4, or any subcategories thereof,
on DPR Form 523 be listed in the California Register. The Office shall
review all category 5 determinations for consistency with the California
Register criteria of significance as found in Section 4852(b) of this chap-
ter. Office review will occur within sixty (60) days of receipt of the sur-
vey. At the end of sixty (60) days, the Office will either: (1) forward the
survey for consideration by the Commission or (2) request additional in-
formation.
The status codes, established to indicate eligibility to the National
Register of Historic Places, have the following meanings:
(A) Category 1 — Listed in the National Register of Historic Places;
(B) Category 2 — Formally determined eligible for lisfing in the Na-
tional Register;
(C) Category 3 — Appears eligible for listing in the National Register;
(D) Category 4 — Could become ehgible for hsting in the National
Register; or
(E) Category 5 — Locally significant.
(3) If the results of the survey are five or more years old at the time of
nomination, the documentation for a resource, or resources, must be up-
dated prior to nominaUon to ensure the accuracy of the information. The
statute creating the CaJifomia Register requires surveys over five (5)
years old to be updated.
(f) Historical resources designated under municipal or county ordi-
nances. Historical resources designated under municipal or county ordi-
nances which have the authority to restrict demolition or alteration of his-
torical resources, where the criteria for designafion or listing have not
been officially approved by the Office, may be nominated to the Califor-
nia Register if, after review by Office staff, it is determined that the local
designation meets the following criteria:
(1) The ordinance provides for owner notification of the nomination
of the resource for local liistorical resource designafion and an opportuni-
ty for public comment.
(2) The criteria for municipal or county historical resource designation
consider the historical and/or architectural significance and integrity of
the historical resource and require a legal description of the resource.
(3) The designating authority issues findings or statements describing
the basis of determinadon for designation.
(4) The designation provides some measure of protecfion from ad-
verse actions that could threaten the historical integrity of the historical
resource.
NOTE; Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Re-
sources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4853. Application Format.
Applicafions shall be submitted on: (1) DPR Form 523-Califomia
Historic Resources Inventory Form, dated prior to January 1995; (2)
DPR Form 422-Archeological Site Record, dated prior to January 1995;
or (3) DPR Form 523 including supplemental forms DPR 523(c), (f), (g),
(h), (i), ()), (k) and/or (/) dated prior to January 1995, as appropriate. In
addition, the applicant shall submit a set of cleariy labeled photographs,
as described in the OHP "Instrucfions for Nominating Historical Re-
sources to the California Register" (August 1997), Appendix B, with the
recordafion form. If historical resources are recorded after the effecfive
date of this chapter, a DPR Form 523 must be used. In addition, the Com-
mission may require other informafion for specific types of historical re-
sources as listed in Section 4853 of this chapter.
(a) General requirements. The requirements of Secfion 4853(a)(l)-(4)
of this chapter shall apply to all historical resources which are nominated
to the California Register:
(1) The applicant shall use the inventory form which corresponds to
the date of recordafion of the resource. The inventory form shall be ac-
companied by a cover letter which includes the name of the applicant, the
resource owner and local government with land-use control authority,
hereafter local government, and a concise statement of significance. The
statement of significance should clearly list the justificafion for the im-
portance of the historical resource.
(2) A sketch map shall be included, clearly showing the boundaries of
the nominated resources, the footprint of all contributing and noncontrib-
uting resources, a directional North arrow, and scale. Careful and accu-
rate information shall be provided with sufficient detail to ensure that a
legal description of the proposed historical resource may be recorded.
These details may include the UTM coordinates marked on a secfion
grid. United States Geological Survey maps, parcel nuraber(s), and legal-
ly recorded boundary lines. Boundaries of sites with no material evidence
of the significant event must be cleariy defined on the map on the basis
of specific and definitive historical documentafion.
(3) One or more color slides and black and white or color photos shall
be provided to property document the historical resource. Color slides
should provide a realistic overview of the historical resource in its setfing
or detailed views of the historical resource itself, as appropriate. The
Commission may require that the applicant provide photos of contribut-
ing historical resources on surveys which are over five (5) years old. All
photos should be labeled, including the date taken and a location of the
image relative to the sketch map described above.
Page 466.1
Register 97, No. 49; 12-5-97
§4854
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(4) Primary numbers will be assigned by the Regional Information
Center. The applicant shall provide a copy of the application to the Infor-
mation Center which has responsibility for information regarding histori-
cal resources for the county in which the resources are located (see Ap-
pendix B) at the same time the application is submitted to the Office. The
Office of Historic Preservation will assure primary numbers are as-
signed.
(b) Information Required for Historical Resources.
(1) Individual nominated resources. A single completed DPR Form
523 or Form 422 shall be submitted for each historical resource which is
individually nominated. For resources recorded prior to the effective date
of this chapter either a single completed DPR Form 523 or Form 422 shall
be submitted for each historical resource which is individually nomi-
nated. If the historical resource is recorded after the effective date of this
chapter, a DPR Form 523 (dated January 1995) shall be submitted for
each historical resource.
(2) Historic districts. In the case of an historic district, the applicant
shall complete one master form for the district as a whole, with an abbre-
viated form for each contributing resource. A list of noncontributing re-
sources is required and must be provided in the cover letter. Owner infor-
mation for each resource must be provided in the cover letter. Slides of
contributing historical resources and/or streetscapes shall be included.
Black and white or color photographs of each contributing historical re-
source and representative streetscape are required.
(3) Archeological resources. Archeological resources will be consid-
ered for nomination only after having been assigned a Site Trinomial
Number by the appropriate Regional Information Center (see Appendix
B). The Commission may require additional documentation to more ac-
curately identify and define the site. Depending upon the date the re-
source was recorded, the DPR Form 523 (dated January 1995) or Form
422 must be accompanied by a statement of significance or research de-
sign which explains why the resource qualifies for listing in the Califor-
nia Register.
(4) Historical resource survey. Historical resources which have recor-
dation forms already on file in the inventory with the Office will not re-
quire additional DPR Inventory Forms 523 (dated January 1995) unless
the Commission requests re-evaluation or re-survey. A cover letter shall
provide the owner and the local government information as described in
Section 4853(a)(1) of this chapter, an overview of survey methodology
to verify that the survey meets the standards discussed in Section 4852(e)
of this chapter and adequate mapping showing all areas surveyed.
(5) Historical resources and historic districts designated or listed as
city or county landmarks, historic resources or districts pursuant to any
city or county ordinance, and local landmarks and other resources desig-
nated under municipal or county ordinances.
DPR Form 523 shall be submitted for all local landmarks or locally
designated historical resources that have not previously been docu-
mented or do not have approved recordation forms on file with the Office.
A cover letter shall be submitted, as described in Section 4853(a) of this
chapter, and it must include information regarding resource ownership,
local government, and a list of all resources included in the nomination.
A copy of the ordinance or criteria for local designation must be sub-
mitted with the application. Submitting a copy of the ordinance is re-
quired whether the resource was designated under a local historic preser-
vation ordinance, which may cover a group or category of historical
resources, or under an ordinance or resolution designating only specific
historical resource which is being nominated.
NOTE: Authority cited: Sections 5020.4, 5024.1, 5024.5 and 5024.6, Public Re-
sources Code. Reference: Section 27288.2, Government Code; and Sections
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 5029, 21084 and 21084.1, Public
Resources Code.
History
1. New section fded 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4854. Application Procedures.
(a) Ownership information. It is the responsibility of the applicant to
provide complete information regarding the ownership of those histori-
cal resources which the applicant wishes to be included in the California
Register. The ownership data must include assessor parcel numbers,
maps, and a legal description of the resources. The applicant shall pro-
vide the owners' names and addresses on mailing labels, as well as any
information necessary to establish whether a proposed resource or dis-
trict has more than one owner. A boundary map and a list of all resource
owners within the proposed district boundaries shall be included for each
district. The list shall indicate whether the property of each owner is con-
tributing or noncontributing to the significance of the district. Resources
will not be listed in the California Register over the owner's objection,
or in the case of a district, a majority of resource owners, but will be "for-
mally determined eligible for listing" (see Secfion 4855(c) of this chap-
ter).
(b) Submitfing the apphcation. Historical resources may be nominated
by any individual or group including, but not limited to, members of the
general public, private organizafions, or local government with control
authority over the designated historical resource.
(1) Local government, in whose jurisdiction the historical resource is
located, shall submit their apphcations directly to the Office.
(2) If the applicant is not a local government, the applicant must nofify
the clerk of the local government by certified mail that an application will
be filed with the Office and request that the local government join in the
nomination and/or provide comments. Notification to the clerk of the lo-
cal government shall include a copy of the application. Ninety (90) days
after notification to the clerk of the local government, the applicant shall
forward all completed applicafions and any comments to the Office.
(c) If the applicant is not the owner of the resource being nominated,
within thirty (30) days of receipt of the application, the Office will pro-
vide a copy of the applicadon to the owner and request any additional in-
formation.
NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Sections 5020.1. 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084
and 21084.1, Public Resources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4855. State Historical Resources Commission's Public
Hearing of a Nomination.
After technical review by the Office, the nominafion will be scheduled
for a hearing by the State Historical Resources Commission. The Com-
mission will only consider comments that relate to the criteria for Usting
a resource in the California Register.
(a) Public notification. At least sixty (60) days before the hearing to
consider the nomination for Usting, the Office shall do all of the follow-
ing:
(1) Notify all affected historical resource owners that their resource
has been nominated for listing; the time and place set for the hearing; and
that the Commission will consider public comments related to whether
the resource meets the criteria for listing in the California Register as well
as any objections of the owner(s).
(2) Notify the local government and interested local agencies of the
time and place set for the hearing and the opportunity for public com-
ments in support of or opposition to the proposed listing.
(3) Notify the general public by means of the Commission's hearing
notices of the scheduled hearing date and the opportunity to comment on
the nomination.
(4) In the case of an historic district, nominated either individually or
as part of a survey, the Office must make a reasonable effort to obtain the
identifies and addresses of all owners of resources within the proposed
district. The Commission must provide nofice of the hearing and oppor-
tunity to comment or object to all identified owners whether or not their
properties were nominated as contributing resources.
(b) Support of or objecdons to the nominafion. The Commission shall
consider public comments when it determines whether to list the histori-
cal resource in the California Register. Any person or organization, in-
cluding the following, may submit supporUng or opposing comments to
the Office before the hearing.
Page 466.2
Register 97, No. 49; 12-5-97
Title 14
Department of Parks and Recreation
§4858
(1) Resource owners. Private resource owners must make any objec-
tion to listing in a notarized letter stating that they are the sole or partial
owners, that they object to the listing, and the reasons for their objection.
Letters of support from private resource owners are welcomed, but not
required. If a private resource owner does not reply to a properly trans-
mitted letter of notification, the absence of a reply will be interpreted as
consent to the historical resource designation.
(A) Each owner or partial owner of a privately owned individual his-
torical resource has one vote regardless of what percentage of the re-
source such person owns. Within a district, each owner has one vote re-
gardless of how many buildings, or what percentage of the area of the
proposed district, such person owns.
(B) If a majority of private resource owners should object for any rea-
son, the proposed individual resource or district will not be listed. How-
ever, in such cases, the Commission shall designate the resource as "for-
mally determined eligible for listing in the California Register." A
resource that has been designated as eligible may be listed at a later time
if, and when, the objection is withdrawn.
(2) Local government. Support of, and objections by, local govern-
ment are to be given full and careful consideration. When the local gov-
ernment objects to the listing, the findings of the Commission shall iden-
tify the historical or cultural significance of the resource and explain why
the resource was listed in the California Register over the objections of
the local government.
(c) Determinations of eligibility and formal listing. A privately owned
resource may not be listed in the California Register over the objection
of its owner, or in the case of a resource with multiple owners, over the
objection of a majority of private resource owners. A district may not be
listed in the California Register over the objection of a majority of private
resource owners within the proposed district. If a district is listed, it will
be listed in its entirety and all contributing resources will be listed, wheth-
er or not the owner of that resource has objected.
(1) If a private resource cannot be listed solely due to owner objection,
the Commission shall designate the resources as "formally determined
eligible for listing."
(2) An historical resource shall be considered formally "listed in the
California Register" when the Commission, upon reviewing the nomina-
tion, designates the resource as eligible for listing and accepts it for offi-
cial listing in the California Register.
(3) The Commission shall adopt written findings to support its deter-
minations. Findings shall include a description of the historical resources
and the historical or cultural significance of the resources and identifica-
tion of those criteria on which any determination was based.
(4) Within forty-five (45) days after approval or disapproval of a nom-
ination by the Commission, the Officer shall notify the applicant, re-
source owner(s), and the affected local government in writing of the
Commission's decision.
NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Re-
sources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4856. Criteria and Procedures for Removal of an
Historical Resource from the California
Register of Historical Resources.
Historical resources are formally determined eligible for, or listed in,
the California Register on the basis of an evaluation of the historical data
by qualified professionals. The Commission may, at its discretion, con-
sider a request for formal delisting after a public hearing has taken place.
(a) The Commission may remove an historical resource from the Cah-
fomia Register if one of the following criteria is satisfied:
(1) The historical resource, through demolition, alteration, or loss of
integrity has lost its historical qualities or potential to yield information;
or
(2) New information or analysis shows that the historical resource was
not eligible at the time of its listing.
(b) Documentation supporting a request for removal of an historical
resource from the California Register shall be provided to the Commis-
sion for its review. The documentation shall include:
( 1 ) A written request from the Officer, resource owner, a member of
the public, or local government in which the historical resource is located
recommending the removal of the resource, including a detailed justifi-
cation based on the criteria listed in Section 4856(a)(1) or (2);
(2) Photographs and other documentation regarding the current condi-
tion of the historical resource;
(3) Photographic and archival documentation of the historical re-
source at the time of listing; and
(4) Complete current ownership information for historical resources
included in the listing.
(c) The Office shall notify the resource owners, the local government
in which the historical resource is located, the general public, and the in-
dividual, organization, or government authority which made the original
nomination at least sixty (60) calendar days prior to the date scheduled
for the public hearing. At the hearing, the Commission shall hear com-
ments and receive information regarding whether or not the criteria for
removal of an historical resource from the California Register have been
met. If the criteria have been met, the resource shall be removed from the
California Register. If the criteria for removal have not been met, the his-
torical resource shall remain in the California Register. The decision of
the Commission shall be final unless a request for reconsideration is
made pursuant to Section 4857 of this chapter.
(d) The Office shall notify the resource owners, the local government
described above, the general public, and the individual, organization, or
government agency which made the original nomination within sixty
(60) days after reaching a final decision. The decision of the Commission
shall be binding.
NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084
and 21084.1, Public Resources Code.
HrSTORY
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4857. Requests for Redetermination by the State
Historical Resources Commission.
Requests for redetermination may be submitted within thirty (30) days
after the Commission transmits notice of its final determination. Such re-
quests shall set forth the reasons why the Commission's determination
was improper, including all new relevant facts and information.
(a) The Commission has the power to reverse or alter its prior determi-
nations, in whole or in part, if any of the following occur:
(1) There is a significant error in the facts, information, or analysis on
which the prior decision was based; or
(2) The prior determination, in light of current information, appears to
have been arbitrary, capricious, or based on substantial error.
(b) The Commission shall advise the applicant within sixty (60) days
after receipt of a request for redetermination whether it will consider such
request, and if so, set the date for a hearing by the Commission.
(c) If the request for redetermination is denied, then the original deter-
mination shall become final for all purposes, unless the resource is later
shown to be demolished, altered, or has lost its integrity.
Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1 , 5024.5, 5024.6, 21084
and 21084.1, Public Resources Code.
History
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49).
§ 4858. Saving Clause.
If any one or more of the regulations in this chapter, or any portion of
any one of these regulations is found or held to be invalid, all other regu-
lations and portions of regulations shall be severable from the invalid reg-
ulation or portion and shall be presumed to be valid.
Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources
Code. Reference; Section 1 1350, Government Code; California Drive-in Restau-
Page 466.3
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§4858
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
rani Asso. v. Clark (1943) 22 Cal.2d 287, 140 P.2d 657; and Schenlev Affiliated
Brands Corp. v. Kirby (1971) 21 Cal.App.3d 177, 98 Cal.Rptr. 609.
History
1. New section and appendix A filed 12-2-97; operative 1-1-98 (Register 97, No.
49).
Appendix A
A Glossary of Terms as Used in the California Register of
Historical Resources
District. A geographic area which possesses a significant concentra-
tion, linkage, or continuity of sites, buildings, areas, stnictures, or objects
which are united historically, culturally, or aesthetically by plan, history,
or physical development. For purposes of the regulations in this chapter,
this term is interchangeable with "Historic District."
DPR Form 422. Department of Parks and Recreation Archaeological
Resources Inventory Form Number 422.
DPR Form 523. Department of Parks and Recreation Historic Re-
sources Inventory Form Number 523.
Archaeological District. An area defined by a significant concentra-
tion, linkage, or continuity of sites.
Archaeological Site. A bounded area of a resource containing archae-
ological deposits or features that is defined in part by the character and
location of such deposits or features.
The Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa). Provides for protection of terrestiral and submerged archaeolog-
ical resources. Authorizes criminal prosecution for the e.xcavation, re-
moval, or damage of archaeological resources on public or Indian lands
without appropriate permit. Governs the transportation of illegally ob-
tained materials, access to information, and the permitting process.
B
Boundaries. Lines delineating the geographical extent or area of an
historical resource.
Building. A resource, such as a house, bam, church, factory, hotel, or
similar structure, created principally to shelter or assist in carrying out
any form of human activity. Also, used to refer to an historically and
functionally related unit, such as a courthouse and jail or a house and
bam.
E
Evaluation. A process carried out by the State Historical Resource
Commission whereby the significance and integrity of an historical re-
source is judged, thereby determining its eligibility for listing.
Footprint. The form or pattem made by the perimeter of a building or
other resource. Often used in connection with sketch maps or boundaries.
A sketch map may show the footprint of historic resources as they are
found on a parcel of land.
Formally Determined Eligible for Listing. An historical resource
shall be considered "formally determined eligible for listing" when the
State Historical Resources Commission accepts the nomination of the
historical resource and designates the property as eligible for listing in the
California Register.
G
Geographical Area. An area of land containing historical or archaeo-
logical resources that can be identified on a map and delineated by
boundaries.
California Historical Resources Information System (CHRIS).
That collection of Site Records, Historic Resource Inventory Forms, and
all information on historical resources which has been acquired and man-
aged by the State Office of Historic Preservation since 1975. This shall
include the State Historic Resources Inventory, the California Archaeo-
logical Site Inventory, properties listed in the National Register of His-
toric Places, California Registered Historical Landmarks, California
Points of Historical Interest, and the California Register of Historical Re-
sources.
Conservation Easement. A less than fee simple interest in real prop-
erty recorded as a deed restriction which is designated to protect the his-
toric, cultural, archaeological, or ecological characteristics of a property.
For purposes of the regulations in this chapter, it is interchangeable wit
the term "Preservation Easement."
Cultural Heritage. Pertaining to the sum total of traditions, body of
knowledge, etc., inherited as possessions, characteristics, or conditions
expressing a traditional way of life subject to gradual, but continuous
modifications by succeeding generations.
Cultural Resource. See Historical Resource.
Culture. A linkage of people possessing shared values, beliefs, and
historical associations coupling social institutions and physical materials
necessary for collective survival.
D
Disclosure, archaeological site. To make available any records that
pertain to an archaeological site. However, "archaeological site disclo-
sure" need not take place if the nomination of a resource to the California
Register requires making known any records which related to archaeo-
logical site information when those records are maintained by either the
Department of Parks and Recreation or the State Historical Resources
Commission.
H
Historic Context. An organizing stmcture for interpreting history that
groups information about historical resources sharing a common theme,
geographical area, or chronology. The development of "historic context"
is a foundation for decisions regarding the planning, identification, eval-
uation, registration, and treatment of historical resources based upon
comparative historic significance.
Historic District. A geographic area which contains a concentration
of historic buildings, stmctures, or sites united historically, culturally, or
architecturally. "Historic districts" are defined by precise geographic
boundaries. Therefore, "historic districts" with unusual boundaries re-
quire a description of what lies immediately outside the areas in order to
define the edge of the district and to explain the exclusion of adjoining
areas.
Historic Fabric. (1) With regard to an historic building, "historic fab-
ric" means the particular materials, omamentation, and architectural fea-
tures which are consistent with the historic character of the building. (2)
With regard to an historic district, "historic fabric" means all sites, build-
ings, stmctures, features, objects, landscaping, street elements, and re-
lated design components of the district which are consistent with the his-
toric character of the district. (3) With regard to an archaeological
district, "historic fabric" means sites, standing stmctures or buildings,
historic landscape (land disturbance such as grading or constmction),
features (remnants of walls), and objects (artifacts) which are consistent
with the historic character of the district.
Historic Integrity. The ability of a resource to convey its historical
significance.
Historic Resources Inventory Form (DPR Form 523). A document
which describes the characteristics and locations of buildings, stmctures,
objects, and districts recorded for inclusion in an Historic Resources In-
ventory.
Historical Landmarks. See State Historical Landmark.
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§4858
Historical Resource. Any object, building, structure, site, area, place,
record, or manuscript which is historically or archaeological significant,
or which is significant in the architectural, engineering, scientific, eco-
nomic, agricultural, educational, social, political, military, or cultural
history of California.
Historical Resources Inventory. A set of data, such as a hst of histori-
cal resources, generated through an Historical Resources Survey.
Historical Resources Survey. The process of systematically identify-
ing, researching, photographing, and documenting historical resources
within a defined geographic area.
I
Identiflcation. The process by which information is gathered regard-
ing historical resources.
Information Center. See Regional Information Center.
Landscape, Cultural. A geographic area that (1) has been used,
shaped, or modified by human activity, occupation, intervention; or (2)
possesses significant value in the belief system of a culture or society.
Landscape, Designed. A geographic area that (1) has significant as
a design or work of art; (2) was consciously designed and laid out by (a)
a designer according to academic or professional design standards, theo-
ries, or philosophies of landscape architecture; or (b) by an amateur using
a recognized style or tradition; (3) has an historical association with a sig-
nificant person, trend, or event in landscape gardening or landscape ar-
chitecture; or (4) has a significant relationship to the theory or practice
of landscape architecture.
Landscape, Rural. A geographic area that (1) has historically been
shaped or modified by human activity, occupancy, or intervention; (2)
possesses a significant concentration, linkage, or continuity of areas of
land use, vegetation, buildings or structures, roads or waterways, or natu-
ral features; or (3) provides a sense of place.
Listed. A California Register historical resource shall be considered
"listed" when (1) the State Historical Resources Commission, after re-
viewing the nomination of the historical resource, accepts it for listing in
the Cahfomia Register; or (2) it has been automatically "listed" under
Public Resources Code Section 5024.1(d)(1) & (2).
Local government. A public agency with land-use control authority
over a designated historical resource. Local governments may include
special district, tribal, city, or county governments.
M
Manuscript. (1) Bodies or groups of personal papers. (2) Collections
of documents acquired from various sources according to a plan. (3) Indi-
vidual documents acquired by a manuscripts repository because of their
special importance. (Society of American Archivists)
N
National Environmental Policy Act of 1989 (NEPA). (42 U.S.C.
4321-4327 (1969) (amended)). Created a process by which to analyze
significant environmental impacts, including impacts to historical re-
sources, for federally funded or licensed actions.
National Historic Preservation Act of 1966 (NHPA). (16 U.S.C.
470 (1966) (amended)). Established the National Register of Historic
Places. Created a partnership between federal, state, and local agencies
to extend the national historic preservation programs to properties of
state and local significance.
National Register Criteria. The federally established standards for
evaluating the eligibility of properties for inclusion in the National Regis-
ter of Historic Places.
National Register of Historic Places, The. (16 U.S.C. 470a, 36
C.F.R. Parts 60, 63). The official inventory of districts, sties, buildings.
staictures, and objects significant in American history, architecture, ar-
cheology, and culaire which is maintained by the Secretary of the Interior
under the authority of the Historic Sites Act of 1935 (16 U.S.C. 461-467
(1935) (amended)) and the National Historic Preservation Act of 1966
(16 U.S.C. 470 (1966) (amended)).
Nomination. A formal application, submitted to the State Historical
Resources Commission, for listing an historical resource on the Califor-
nia Register of Historical Resources.
O
Object. Manifestations that are primarily artistic in nature, or are rela-
tively small in scale and simply constructed. The "object" may be a fix-
ture (real property) or movable (personal property). Although it may be
movable by nature or design, an object must be associated with a specific
setting or environment. The "object" should be in a setting appropriate
to its significant historical use, role or character; for example, a fountain
or boundary marker.
Officer. The State Historic Preservation Officer (SHPO) is appointed
by the Governor under the authority of Public Resources Code Section
5020.6. The SHPO serves as the Chief Administrative Officer of the Of-
fice of Historic Preservation and Executive Secretary of the State Histori-
cal Resources Commission. The SHPO administers state and federally
mandated historic preservation programs under the authority of the Na-
tional Historic Preservation Act of 1966, Section 101(b)(3), (16 U.S.C.
470 (1966) (amended)) and Cal. Pub. Res. Code Section 5024.
Owner. Those individuals, partnerships, corporations, or public agen-
cies holding fee simple title to a resource. The term does not include indi-
viduals, partnerships, corporations, or public agencies holding ease-
ments or less fee simple interests, including leaseholds.
Penal Code, Section 622.5. Provides misdemeanor penalties for ev-
ery person, other than the owner, who injures or destroys objects of his-
torical or archeological interest located on public or private lands.
Point of Historical Interest. The California Point of Historical Inter-
est Program (Cal. Pub. Res. Code Section 5021) is a state historical re-
sources registration program, established in 1965, which provides offi-
cial recognidon for historical resources that are significant at a county or
regional level, but do not quality for designation as California Registered
Historical Landmarks.
Preservation (treatment). The act or process of applying measures
to sustain the existing form, integrity, or historic fabric of an historical
building or structure, or the form or vegetative cover of an historic site.
It may include stabilization work, as well as ongoing maintenance of the
historic fabric.
Preservation Commission. A city or county board of appointed citi-
zens with assigned responsibilities for surveying, designating, and pro-
tecting historical resources. May also be called an historic review board,
design review board, landmarks commission, or cultural heritage com-
mission.
Primary Number. The number used to identify and retrieve records
regarding a specific site in the Cahfomia Historical Resources Informa-
tion System. The Primary Number describes the location of a resource in
the same manner as a Site Trinomial Number.
Protection (treatment). The act or process of applying measures to
affect the physical condition of an historical resource by guarding it from
deterioration, loss, or attack by natural causes, or to cover or shield it
from threat of danger or harm. In the case of buildings or structures, these
measures are usually temporary; however, with regard to archeological
resources, protective measures may be temporary or permanent.
Public Resources Code, Section 5097.5. Defines as a misdemeanor
the unauthorized disturbance or removal of archeological, historical, or
paleontological resources located on public lands.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
R
Reconstruction (treatment). The act or process of reproduction
through constmction the exact form and detail of a vanished building,
structure, or object, or any part thereof, as it appeared at a specified period
of time.
Recordation. Section 27288.2 of the Government Code and Section
5029 of the Public Resources Code require the County Recorder to record
a certified resolution of historical resources designation containing the
name of the current property owner, the historical resources registration
program, the designating entity, the specific historical resources designa-
tion, and a legal description of the property.
Regional Information Center. An Information Center of the Califor-
nia Historical Resources Information System, under contract to the Of-
fice of Historic Preservation, which receives, manages, and provides in-
formation on historical and archeological resources. "An Information
Center" may also provide training or technical assistance on a fee-for-
service basis.
Registration. A program by which an historic resource is docu-
mented, evaluated, and determined eligible or nominated for listing as a
type of historical resource. Such programs may be local, state, or nation-
al.
Rehabilitation (treatment). The act or process of returning a proper-
ty to a state of utility through repair or alteration which makes possible
an efficient contemporary use while preserving those portions or features
of the property which are significant to its historical, architectural, and
cultural values.
Research Design. Reveals the logic that will be used to direct identifi-
cation, documentation, investigation, analysis, or treatment of an histori-
cal resource that identifies the goals, methods and techniques, potential
results, and the relationship of the potential results to other proposed acti-
vities or treatments.
Resource, Contributing. A resource which by location, design, set-
ting, materials, workmanship, feeling, and association adds to the sense
of historical authenticity, historical development, or value of an histori-
cal resource.
Resource, Non Contributing. An historical resource which does not
add to the sense of historical authenticity or evolution of an historic prop-
erty or where the location, design, setting, materials, workmanship, his-
tory, and/or association of the historical resource have been so altered or
deteriorated that the overall integrity of that resource has been irretriev-
ably lost.
Restoration (treatment). The act or process of reproducing the exact
form and detail of a vanished building, structure, or object, or a part there-
of, as it appeared at a specific period of time.
Secretary of Interior Standards. Identified in the Secretary of the
Interior Standards and Guidelines for Historic Preservation Proj-
ects (36 C.F.R. 67), with accompanying interpretive guidelines, which
are utilized by federal agencies in the preservation of historical properties
that are listed, or are eligible for listing, on the National Register. They
are also used by some State Historic Preservation Offices in evaluating
projects proposed as historical resources in accordance with federal regu-
lations; or by local governments, organizations, and individuals in mak-
ing decisions about the identification, evaluation, registration, or treat-
ment of historic properties. The Secretary of the Interior's Standards
for Rehabilitation is aimed at retaining and preserving those features
and materials which are important in defining the historic character of an
historical resource. Technical advice about archeological and historic
preservation activities and methods is also included in the Secretary of
the Interior's Standards and Guidelines for Archeology and Historic
Preservation.
Site. A location of a significant event, a prehistoric or historic occupa-
tion or activity, or a building or structure, whether standing, ruined, or
vanished, where the location itself possesses historical, cultural, or arch-
eological value regardless of the value of any existing building, structure,
or object. A "site" need not be marked by physical remains if it is the loca-
tion of a prehistoric or historic event and if no buildings, structures, or
objects marked it at that time. Examples include trails, designed land-
scapes, battlefields, habitation sites. Native American ceremonial areas,
petroglyphs, and pictographs.
Site Record. A document which describes the characteristics and lo-
cation of a site, and which has been completed for entry in the California
Archaeological Site Inventory.
Site Trinomial Number. A site registration number assigned by the
Office of Historic Preservation to a specific archeological resource under
which all documentation for that resource will be recorded.
Stabilization (treatment). The act or process of applying measures
designed to establish a weather resistant enclosure and the structural sta-
bility of an unsafe or deteriorated property, or one which has the potential
to deteriorate or to become unsafe, while maintaining the essential form
as it exists at present.
State Historic Preservation Officer (SHPO). See Officer.
State Historic Resources Inventory. Compilation of all identified
and evaluated historical resources maintained by the State Office of His-
toric Preservation. It includes all those historical resources evaluated in
surveys that were conducted in accordance with criteria established by
the Office (see Appendix B) and were thereafter determined eligible for,
or listed in, the National Register of Historic Places or designated as Cali-
fornia Registered Historical Landmarks, California Points of Historical
Interest, or the California Register of Historical Resources.
State Historical Building Code (SHBC). The State Historical Build-
ing Code is contained in Part 8 of Title 24 (State Building Standards
Code) and applies to all qualified historical structures, districts, and sites
designated under federal, state, or local authority. It provides alternatives
to the Uniform Building Code in cases consistent with building regula-
tions for the rehabilitation, preservation, restoration, or relocation of qu-
alified historic structures designated as historic buildings.
State Historical Landmarks. The California Registered Historical
Landmarks Program (Cal. Pub. Res. Code Section 5021) is a state histori-
cal resources registration program which was created in 1949 to recog-
nize historical resources with regional and statewide significance to the
history of California
State Historical Resources Commission (SHRC). Commission ap-
pointed by the Governor under Public Resources Code Section 5020.4
and 5020.5. The SHRC has broad responsibihties for the statewide his-
toric preservation program that include conducting a statewide inventory
of liistorical resources, establishing criteria for evaluating historical re-
sources, and conducting public hearings to develop and review a state-
wide historical resources plan.
Statement of Significance. An organizational format which groups
information about related historical resources based on theme, geograph-
ic units, and chronological period. The information should describe why
the resource is significant within a relevant historic context.
Structure. A construction made for a functional purpose rather than
creating human shelter. Examples of structures include mines, bridges,
and funnels.
Tax Certification. A provision of federal tax law which, under certain
conditions, allows money invested in capital rehabilitation to be de-
ducted from income taxes owed. See those provisions for certified Na-
tional Register structure which are included in the Economic Recovery
Act of 1981 (Internal Revenue Code Section 48, 168, 170, and 280B).
Traditional Cultural Properties. A geographic area or historical re-
source that embodies important cultural values. It may contain landscape
characteristics that are the tangible evidence of the activities and habits
of the people who occupied, developed, and shaped the land to serve their
needs, or it may include several categories of properties. It may also con-
Page 466.6
Register 97, No. 49; 12-5-97
Title 14
Department of Parks and Recreation
§4903
tain, or consist primarily of, natural features which are important in a reli-
gious or belief system.
U
UTM Coordinates. A set of metric coordinates (easting and northing)
that indicate a unique location according to the Universal Transverse
Mercator grid appearing on maps of the United States Geological Sur-
vey.
Chapter 11.7. Recreational Trails Program
§ 4860. Recreational Trails Program.
Applicants who wish to participate in the Recreational Trails Program
must comply with the Procedural Guide for the federal Recreational
Trails Program Final June 4, 2007.
The Procedural Guide for the federal Recreational Trails Program Fi-
nal June 4, 2007 is incorporated by reference.
NOTE: Authority cited: Sections 5003 and 5072.8(c), Public Resources Code. Ref-
erence; Section 5072.8, Public Resources Code; and Title 23, United States Code,
Sections 104(h) and 206.
History
]. New chapter 11.7 (section 4860) and section filed 7-15-2008; operative
8-14-2008 (Register 2008, No. 29).
Chapter 12. Land and Water Conservation
§ 4900. Definitions.
As used in these regulations, the terms listed below shall have the
meanings noted:
(a) Act. "Act" means the Land and Water Conservation Fund Act of
1965, 78 Stat. 897, authorizing the Secretary of the Interior to provide fi-
nancial assistance to the State for outdoor recreation purposes.
(b) Bureau. "Bureau" means the Bureau of Outdoor Recreation, U.S.
Department of the Interior.
(c) Fund. "Fund" means the Land and Water Conservation Fund,
created by the Land and Water Conservation Fund Act of 1 965, and mon-
ies made available there from to the State of Cahfornia.
(d) Program. "Program" means the Land and Water Conservation
Fund Program under which monies are made available through the State
Liaison Officer to state and local agencies for outdoor recreation pur-
poses.
(e) State Liaison Officer. "State Liaison Officer" means the state offi-
cer designated by the Governor to administer the Land and Water Con-
servation Fund and Program for the State of California. The State Direc-
tor of Parks and Recreation has been so designated and given authority
by the State Legislature to serve as the State Liaison Officer.
(f) Department. "Department" means the Department of Parks and
Recreation.
(g) Applicant. "Applicant" means any public agency or political sub-
division of the State eligible for, and applying for, assistance under this
Program. For the purposes of this Program, eligible State agencies are the
Departments of Fish and Game, Navigation and Ocean Development,
Parks and Recreation and Water Resources. Eligible local agencies are
cities, counties, recreation and park districts and certain special districts
whose authority permits the acquisition, development, operation and
maintenance of public parks and recreation areas.
(h) Annual Apportionment. "Annual Apportionment" means that
amount of funds allocated during any one fiscal year by the Secretary of
the Interior and made available to the State of California under this Pro-
gram.
History
1 . Repealer of subsection (i) filed 6-26-75; effective thirtieth day thereafter (Reg-
ister 75, No. 26).
§4901. Authority.
Articles 1 through 3, Chapter 1.9, Division 5 (Sections 5099 through
5099.1 1) of the Public Resources Code and other provisions of law pro-
vide the authority to enable the state and its local governmental agencies
and subdivisions to participate in the Program, instruct the Director to
maintain and keep up to date a comprehensive plan for the development
of the outdoor recreation resources of the State and give the Director the
authority to administer the Program.
§ 4902. Allocation of Funds.
The annual apportionment will be allocated among state and local
agencies in such proportions as may be determined by the Slate Liaison
Officer, acting in accord with applicable ailes and regulations estab-
lished by the Bureau and other provisions of law. The following princi-
ples shall generally apply to this allocation:
(a) That part of the annual apportionment made available to local agen-
cies shall be allocated among eligible projects in accordance with the
needs and priorifies established by the California Outdoor Recreation
Resources Plan and the requirements hereof.
(b) Funds for statewide planning purposes shall be allocated to state
agencies only.
(c) Up to 10 percent of the current annual apportionment may be re-
served, at the discretion of the State Liaison Officer, for contingency pur-
poses. These contingency purposes may include unanticipated increases
in project costs and for special projects for which matching funds become
unexpectedly available, or for which matching funds will expire. All con-
tingency funds unexpended in any one fiscal year shall be added to and
allocated in the general annual allocation the following fiscal year. Funds
retained for contingency purposes need not conform to the provisions of
Sections 4903 and 4904 herein.
§ 4903. Project Criteria.
Projects for which applications are submitted must meet criteria estab-
lished by the Heritage Conservation and Recreation Service as set forth
in the Service's Grants-In-Aid Manual and amendments thereto. They
must also meet the following Eliminating and Ranking Criteria:
(a) Eliminating Criteria. The eliminating criteria are applied to deter-
mine whether or not the project is eligible. In order to be considered fur-
ther, the applicant must meet all of the following:
(1) As of the annual deadline, a substantially complete application
must be submitted or your project will not be considered for funding.
Applications which are technically complete in all aspects by the dead-
line will receive bonus points. A technically complete application is de-
fined in the most current Procedural Guide, Part 1 , Application Proce-
dures. If the applicafion is not technically complete in all aspects as of the
date that the State Liaison Officer selects projects (usually in November),
the application will not be considered eligible for funding.
(2) As of the annual deadline, the applicant must have an assured
source of eligible matching funds. The matching funds are defined as any
and all funds available to the applicant not derived from the Wildlife Res-
toration Fund, Harbors and Watercraft Revolving Fund, and the Califor-
nia Water Resources Development Bond Fund.
(3) As of the annual deadline, the applicant must have adequate tenure
to the land to be developed (development projects only). (Adequate ten-
ure will consist of either fee title, without encumbrances which would
have an adverse effect on the project, or a fully executed lease or ease-
ment of sufficient duration and adequate to receive full value from the
project facilifies developed by the grant).
(4) The project for which grant funds are requested must increase the
project's ability or capacity to serve outdoor recreation purposes.
(b) Ranking Criteria. The second level of the selection process in-
volves the applicafion of ranking criteria to those proposals that survive
the elimination process.
In implementing this process. State Law (Chapter 986, Statutes of
1977) requires that the Local Agency share be split in a Statewide ratio
of 50% to regional projects, and 50% less-than-regional projects. For the
purposes of program administration, projects will be classified as either
Page 466.7
Register 2008, No. 29; 7-18-2008
§4903
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
regional or less-than-regional and compete separately within each plan-
ning district for one-half of the Planning District allocation. Several fac-
tors will be considered in the determination of the regional/!ess-than-re-
gional designations:
Acreage. In general, a project of 50 acres or more will be considered
regional, less than 50 acres will be considered less-than-regional.
Acreage alone will not be the deciding factor. In some cases a less than
50 acre site may be classified as a regional project and a 50 acre or larger
site may be considered less-than-regional.
Physical Characteristics. The presence of any significant scenic or re-
source values would tend to indicate a regional designation.
intended Use. The proposed facilities and/or purpose of the project
will be analyzed to determine whether the project is, or will be upon de-
velopment, capable of attracting visitors from a community or a regional
service area.
The final decision on the regional/less-than-regional designation of
a project will be based on these factors and be made by the State.
If the dollar amount of all projects is greater than the available funds
within each planning district, they will be evaluated and ranked accord-
ing to the following criteria (conversely if there are more funds available
to a planning district than required, the projects will not necessarily be
funded unless they are considered high priority by the State Liaison Offi-
cer):
(1) Development grant requests for facilities that are to be constructed
at a recreation area that provide opportunities for multiple recreational
activities (two or more separate and distinct activities) will be given a
higher priority than grant requests for projects that provide activities for
a single purpose or specialized uses that serve only a limited segment of
the public.
(2) Development grant requests for projects that will provide for basic
facilities will be given a higher priority than grant requests that will pro-
vide for more elaborate facilities. Elaborate facihties are defined as over-
ly ornate, overdesigned, superfluous, or otherwise excessive. It is not the
intent of this criterion to discourage high-quality, innovative projects.
(3) Development grant requests for projects that will provide new faci-
lities and opportunities in either new or old parks will be given higher
priority than grant requests for projects that will provide for the replace-
ment or rehabilitation of existing usable recreational facilities.
(4) Grant requests for projects that, in the judgment of the State Liaison
Officer and his staff, can be completed expeditiously (generally 2 1/2
years) will be given higher priority. Points will not be awarded to other
projects not meeting this criteria.
Factors considered to determine an applicant's ability to complete a
project will include, but not be limited to: The applicant's performance
on previous grant projects, both federal and state; the applicant's ability
to operate and maintain existing parks; involvement of otherjurisdictions
and regulatory agencies; public involvement; the steps already taken to
implement the project at the time of application; the magnitude and com-
plexity of the project.
(5) Grant requests from public entities, who have designated a major
organizational unit with a full-time primary responsibility for the provi-
sion of parks and recreation areas and/or facilities, will be given higher
priority than requests from governmental units whose primary function
is other than parks and recreation.
(6) Acquisition grant requests from an applicant that has a preliminary
title report by the annual application deadline will be given a higher prior-
ity.
(7) Grant requests for projects that will serve the greatest need will be
given high priority. Regional projects will be evaluated separately from
less-than-regional projects. Competing projects will be evaluated
against the following criteria:
(A) For Regional Projects:
1 . Population Density. Priority will be given to projects that serve high
density residential areas. The population residing within the effective
service radius will be used for evaluation. The effective service radius
will be uniformly applied within each planning district.
2. Proximity of Population Masses to Project. Priority will be given to
projects that are in closest proximity to densely populated areas as com-
pared to other competing projects.
3. Developed Facilities. Priority will be given to projects that serve
areas with the least number of existing developed facilities per 1 ,000
population (use-features) within the effective service radius. (Develop-
ment projects only).
4. Park Acres. Priority will be given to projects that serve areas with
the least amount of existing comparable recreational acreage per 1,000
population within the effective service radius. (Acquisition projects
only).
5. Access. Priority will be given to projects that are readily accessible
from freeways, expressways, major routes of recreation travel or public
transportation.
(B) For Less-Than-Regional Projects:
1. Population Density. Priority will be given to projects that serve the
highest population densities. Population residing within a one-mile ra-
dius of less-than-regional projects will be used.
2. Access. Priority will be given to projects that provide for the best
public access. This will be judged by the adequacy of public transporta-
tion services and the presence of physical barriers (freeways, railroad
tracks, flood control channels, etc.) that may restrict immediate access.
3. Developed Facilities. Priority will be given to projects that serve
areas with the least number of existing developed facilities (use features)
within the appropriate service area of the proposed project. Only recre-
ation facilities of the same nature as those contemplated in the proposed
grant project will be considered. (Development projects only).
4. Park Acres. Priority will be given to projects that serve the least
number of existing recreation acreage within the appropriate service area
of the proposed project. (Acquisition projects only).
[The next page is 467.
Page 466.8
Register 2008, No. 29; 7-18-2008
Title 14
Department of Parks and Recreation
§4935
5. Low Income Areas. Priority will be given to projects that serve the
outdoor recreation needs of low income families.
(c) Additional S.L.O. Selection Factors: The above seven ranking cri-
teria will be applied to all eligible projects. Although a final score will be
determined for each competing project, that score may not necessarily be
the sole factor in determining the funding of a project. The final decision
to fund a project will be based upon informed judgement and at the dis-
cretion of the State Liaison Officer. The following additional factors will
be taken into consideration to determine the final rating of a project.
Generally, preference will be given by the S.L.O. to projects:
(1) Which have a reasonable cost/benefit ratio.
(2) Where there is an urgency for acquisition and where delay will
cause a loss of recreation opportunities in the future.
(3) Which relate directly to state and planning district priority for Land
and Water Conservation Funds in CORRP.
(4) Where the applicant has not been previously funded. Also, where
the per capita share of Land and Water Conservation Funds in the county
where the project is located is less than the State's per capita average.
(5) Where the dollar amount requested is reasonable in relation to the
total dollars available to the planning district.
(6) Where a greater geographical spreading of funds will be achieved
within a planning district.
(7) Where the applicant has an adopted master plan of park and recre-
ation areas that includes the project for which funds are being sought.
(8) Which have innovative and/or unique, natural, or scenic features.
(9) Which make provisions for handicapped and underprivileged,
above and beyond those required by law.
(10) Which have the ability to attract visitation from beyond the apph-
cants normal service area.
NOTE; Authority cited: Section 5003, Pubhc Resources Code.
History
1 . Repealer and new section filed 2-16-77; effective thirtieth day thereafter (Reg-
ister 77, No. 8). For prior history, see Register 75, No. 26.
2. Repealer and new section filed 7-27-78; effective thirtieth day thereafter (Reg-
ister 78, No. 30).
§ 4904. Priorities Among Eligible Projects.
Projects adhering to federal criteria and meeting the criteria set forth
in Section 4903 will be selected for submission to the Bureau for funding
as follows: (a) Equal consideration will be given urban and rural areas,
(b) Equal consideration will be given to the funding of state and local
agencies.
(a) Within the funds made available to individual state agencies by the
State Liaison Officer, each eligible state agency will determine those
projects for which applications will be submitted to the Bureau.
(b) Within the funds made available for local projects by the State Liai-
son Officer and in accordance with paragraph (a) of Section 4902, the
State Liaison Officer will select from the applications submitted by local
agencies those projects for which applications will be submitted to the
Bureau.
APPLICATIONS FOR ASSISTANCE
§4910. Application Format.
Applications for assistance under this Program shall be prepared in
such format and contain such information as the State Liaison Officer
shall determine. Procedure guides for preparation of such applications
shall be made available upon request from interested agencies.
§ 491 1 . Submission of Applications.
Applications shall be submitted by such deadlines as may be estab-
lished by the State Liaison Officer.
(a) All eligible state and local agencies will be notified of such dead-
line.
AVAILABILITY AND DISBURSEMENT OF FUNDS
§ 4920. Availability and Disbursement of Funds.
Funds available under this program shall be disbursed pursuant to the
terms and conditions of a contract, called a Project Agreement, between
the State Liaison Officer and the applicant. The Project Agreement is a
document separate from the application and the form thereof shall be de-
termined by the State Liaison Officer.
Chapter 13. Roberti-Z'berg Urban Open
Space and Recreation Program
§ 4930. Application; Form and Content.
Applications for both block grants and grants based upon need shall
be prepared and submitted as set forward in the "Procedural Guide and
Program Criteria for the Roberti-Z'berg Urban Open-Space and Recre-
ation Program," as published from time to time by the Department of
Parks and Recreation.
NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference:
Sections 5620-5632, Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
8).
2. Editorial correction relocating Sections 4930^935 from Chapter 1 2 to Chapter
13 (Register 77, No. 28). For former language of Chapter 13, see Register 74,
No. 25.
§ 4931 . Resolution of Applicant's Governing Body.
An applicant shall include with the application one copy of its resolu-
tion authorizing the application to be made and specifying its agents for
negotiation and execution of grant documents.
NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference:
Sections 5620-5632, Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
8).
§ 4932. Certification by Legal Counsel.
The application shall include the certifications by legal counsel re-
quired by Public Resources Code Section 5626(c).
NoTE: Authority cited: Section 5625, Public Resources Code. Reference: Section
5626(c), Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
8).
2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
21).
§ 4933. Compliance with CEQA.
Documents prepared by an applicant in conformance with the Califor-
nia Environmental Quality Act shall be submitted to the State Clearing-
house prior to or at the same time as the application is filed.
NotE: Authority cited: Sections 5620-5632, Public Resources Code. Reference:
Sections 5620-5632, Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
8).
§ 4934. Reports to State.
Grant recipients shall submit reports of the grant annually on a date to
be specified by the Department, including, but not limited to, the percent-
ages of grant funds expended, the percentage of projects completed with
description of the completed portions and any departures from the project
schedule set forward in the application, with the reasons therefor.
NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference:
Sections 5620-5632, Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
8).
§ 4935. Matching with Goods and Services.
Grants for development may be matched by non-monetary contribu-
tions of goods and services supplied by the applicant, a third person, or
by gift.
Page 467
(4-1-90)
§4950
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) Goods in the form ol" equipment, whether applicant owned, pur-
chased, leased, or donated will be valued on a use basis in accordance
with actual costs of purchase or lease or on a depreciation schedule in ac-
cordance with applicant's normal accounting practices or prevailing
costs of goods if donated. Equipment rental rates adopted by the Califor-
nia Department of Public Works may be used as a guide. Residual market
value of purchased equipment shall be credited to projects costs upon
completion.
(b) Goods in the form of supplies and material will be valued at either
actual direct costs to applicant or, if capitalized as part of a structure or
item of equipment used on the project, that cost reasonably attributable
to the projects, or if donated according to prevailing costs.
(c) Services will be valued in the actual amounts of salaries, wages and
direct overhead costs, expended on the project.
(d) Volunteer services may be furnished by professional and technical
personnel, consultants, and other skilled and unskilled labor. Each hour
of volunteered service may be counted as matching share if the service
is an integral and necessary part of an approved project. Records of in-
kind contributions of personnel shall include time sheets containing the
signature of the person whose time is contributed and of his supervisor
verifying that the record is accurate.
(e) Rates for volunteers should be consistent with those regular rates
paid for similar work in other activities of the State. The time of a person
donating his services will be valued at the rate paid as a general laborer
unless he is professionally skilled in the work he is performing on the
project (i.e., plumber doing work on pipes, mason doing work on a brick
building). When this is the case, the wage rate this individual is normally
paid for performing his service may be charged to the project. A general
laborer's wages may be charged in the amount of that which the city or
cities in the immediate area pay their city employees for performing simi-
lar duties.
NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference:
Sections 5620-5632, Public Resources Code.
History
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No.
Chapter 14.
California Exposition and State
Fair (Cal-Expo)
§ 4950. Definitions.
(a) "Director," as used herein, means Director of Parks and Recreation
of the State of California.
(b) "General Manager" means the General Manager of the California
Exposition and State Fair.
(c) "Cal-Expo" means the California Exposition and State Fair.
(d) "Person," as used herein, shall be construed to mean and include
natural persons, firms, partnerships, corporations, clubs, and all associ-
ations or combinations of persons whenever acting for themselves or by
an agent, servant, or employee.
(e) "Animal" is any animate being not human, which is endowed with
the power of voluntary motion.
NOTE: Authority cited: Food and Agiicultural Code, Section 3324.
History
1 . New Sections 4950-4961 filed 5-25-79; effective thirtieth day thereafter (Reg-
ister 79, No. 21). For prior history, see Register 78, 33; 79, 10.
§ 4951. Use of Facilities, Payment.
No person shall use or occupy the grounds or facilities for the use of
which a fee has been established by the General Manager, unless he has
first paid such fee. This shall not apply to state officers and employees
on official business nor to persons excepted by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
§ 4952. Litter.
No person shall leave, deposit, drop, or scatter bottles, broken glass,
ashes, waste paper, cans, or other litter on the premises of Cal Expo ex-
cept in a receptacle designed for that purpose.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4953. Fires.
No person shall light, build, use, or maintain a fire on the premises of
Cal Expo unless authorized by the General Manager.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4954. Dogs; Animals.
(a) No person shall bring, permit to enter, or possess a dog or other ani-
mal on the premises of Cal Expo unless authorized in writing by the Gen-
eral Manager.
(b) A dog or other animal authorized on the premises of Cal Expo shall
be on a leash of no more than six feet in length and under the immediate
control of a person or confined to a vehicle unless authorization is to the
contrary.
(c) A person authorized to bring or possess a dog on the premises of
Cal Expo shall present proof that the dog has a valid license or rabies in-
oculation, except for dogs under five months old.
(d) No person authorized to possess a dog or other animal on the prem-
ises of Cal Expo shall not permit it to remain outside a trailer, mobile
home, recreational vehicle, or other enclosure during the night.
(e) Subsections (a) and (b) shall not apply to a "seeing eye" dog used
to guide a blind person there present, provided that the dog remains under
the immediate control of the blind person and is not disturbing to other
persons.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4955. Dangerous Weapons.
No person shall carry or transport, in any manner, dangerous weapons
or articles in or upon the buildings or grounds of Cal Expo. Such weapons
or articles shall include, but not be limited to, any instrument commonly
known as a blackjack, sling shot, billy, sandclub, sandbag, metal
knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any
knife having a blade longer than four inches, any razor with an unguarded
blade and any metal pipe or bar, and any substance which can be ex-
ploded or burned in a manner which might produce bodily injury or dam-
age to Cal Expo properties. The prohibitions of this section do not apply
to persons carrying or transporting such items in connection with their
duties as State employees or to persons conducting any other legitimate
business, or service on Cal Expo premises.
All such items shall be confiscated and shall not be returned until the
person carrying or transporting such items leaves the buildings and
grounds of Cal Expo.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4956. Assembly.
No person shall conduct or attend an assembly or public demonstra-
tion unless approved by the General Manager upon a finding that such
activity would not substantially interfere with the use of the Cal Expo fa-
cilities by the general public.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4957. Closing.
No person shall enter or be present in any portion of Cal Expo after
closing hours or in any area designated closed, unless authorized by the
General Manager.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4958. Alcoholic Beverages.
No person shall possess or consume any alcoholic beverage on the
premises of Cal Expo which was not obtained from an authorized conces-
sionaire located at Cal Expo unless authorized in writing by the General
Manager.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
Page 468
(4-1-90)
Title 14
Department of Parks and Recreation
§ 4970.01
§ 4959. Soliciting.
No person shall solicit, sell, hawk, or peddle any goods, wares, mer-
chandise, liquids, or edibles for human consumption or distribute circu-
lars on the premises of Cal Expo, unless authorized in writing by theGen-
eral Manager.
NOTE; Authority cited: Food and Agricultural Code, Section 3324.
§ 4960. Speed Limit.
No person shall drive a vehicle within the grounds of Cal Expo at a
speed greater than is reasonable or prudent, having due regard for the
traffic on, and the surface and width of, the road, and in no event at a
speed which endangers the safety of persons, property, or animals, pro-
vided however, that in no event shall a vehicle be driven at a speed greater
than 15 miles per hour.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
§ 4961. Vehicles — Operation, Stopping, Parking, Removal
by Peace Officers.
(a) No person shall operate any vehicle, negligently or willfully in such
a manner as to harass, endanger, or injure any person or animal.
(b) No person shall operate, stop or park a vehicle, except on a desig-
nated road or parking area, nor operate or park a vehicle on the premises
of Cal Expo after closing hours.
(c) Any peace officer with concurrent jurisdiction on the premises of
Cal Expo or any member of the California Highway Patrol or any Cal
Expo peace officer is authorized to cause the removal of a vehicle from
the premises of Cal Expo under the provision of the Vehicle Code includ-
ing, but not limited to. Section 22659, or Cal Expo regulations contained
herein.
(d) All individuals operating vehicles on the grounds of Cal Expo shall
be properly licensed to operate such vehicles in accordance with the Cali-
fornia Vehicle Code. The General Manager may authorize certain types
of vehicles to be operated on the grounds of Cal Expo by other than li-
censed operators.
(e) No person shall operate or ride a bicycle, scooter, skateboard or
other operator-propelled device on the grounds of Cal Expo unless au-
thorized in writing by the General Manager.
NOTE: Authority cited: Food and Agricultural Code, Section 3324.
Chapter 15. Off-Highway Vehicle Grant
Program Regulations
Article 1. General Provisions
§ 4970. Application of Chapter 15.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.64(1) and (2), 5090.04, 5090.05, 5090. 10 and 5090.11, Pub-
lic Resources Code.
History
1. New chapter 15 (articles 1-8, sections 4970-4970.30), article 1 (sections
4970-4970. 1) and section filed 8-26-99 as an emergency; operative 8-26-99
(Register 99, No. 35). A Certificate of Compliance must be transmitted to OAL
by 1 2-24—99 or emergency language will be repealed by operation of law on
the following day.
2. New chapter 15, (articles 1-8, sections 4970-4970.30), article 1 (sections
4970-4970.1) and section refiled 12-16-99 as an emergency; operative
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans-
mitted to OAL by 4-14-2000 or emergency language will be repealed by opera-
tion of law on the following day.
3. New chapter 15, (articles 1-8, sections 4970-4970.30), article 1 (sections
4970-4970.1) and section refiled 4-14-2000 as an emergency; operative
4-14-2000 (Register 2000, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-1 4-2000 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer of chapter 15 (articles 1-8, sections 4970-4970.30) by operation of
Government Code secfion 1 1346.1(g) (Register 2000, No. 37).
5. Amendment oF chapter heading filed 4-1 1~2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
6. Amendment of chapter heading refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Amendment of chapter heading refiled 12-6-2005 as an emergency; operative
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
8. Refiling of emergency amendments to chapter heading and new section filed
4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A
Certificate of Compliance must be transmitted to (DAL by 8-1-2006 or emer-
gency language will be repealed by operation of law on the following day.
9. Amendment of chapter heading and new section refiled 7-31-2006 as an emer-
gency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Com-
pliance must be transmitted to OAL by 11-28-2006 or emergency language
will be repealed by operation of law on the following day.
10. Reinstatement of chapter heading as il existed prior to 7-31-2006 emergency
amendment by operation of Government Code section 1 1 346. 1(f) and repealer
of section by operation of Government Code section 1 1 346. 1 (g) (Register 2007,
No. 19).
§ 4970.00. Definitions.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: SecfioJis 4442, 4442.5, 5024.1, 5090.04, 5090.05, 5090.06, 5090.07,
5090.10. 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b) and 5090.64(b)(1) and
(2), Public Resources Code; Sections 111, 400, 436, 38000, 38001 , 38006, 38012
and 38225(c), Vehicle Code; 42 U.S.C. 437 1 ; 43 U.S.C. 1601-1 624; 40 CFR part
1500.1 et seq.; and Secfion 501(c)(-3), U.S. Internal Revenue Code.
History
1. New chapter 15 (articles 1-8, sections 4970-4970.31), article 1 (secfions
4970.00-4970.01) and section filed 9-14-2000; operative 9-14-2000 pursuant
to Government Code secfion 1 1343.4(d) (Register 2000, No. 37).
2. Amendment of section and Note filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of CompUance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Amendment of section and Note refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-8-2003 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Amendment of section and Note filed 4-1 1-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Amendment of secfion and Note refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Amendment of secfion and Note refiled 1 2-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Amendment of section and Note refiled 4—3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Amendment of section and Note refiled 7-31-2006 as an emergency; opera-
tive 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be
transmiued to OAL by 1 1 -28-2006 or emergency language will be repealed by
operation of law on the following day.
11. Repealer of 7-31-2006 order by operafion of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
§4970.01. Program Purpose.
NOTE: Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.02 and 5090.32(d), PubUc Resources Code.
History
1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government
Code secfion 11343.4(d) (Register 2000, No. 37).
2. Amendment of secfion and Note filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Cerfificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
fion of law on the following day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code secfion 1 1346.1(f) (Register 2003, No. 32).
4. Amendment of section and Note refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Cerfificate of CompUance must be trans-
Page 469
Register 2007, No. 19; 5-11-2007
§ 4970.02
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and Filed 12-31-2003 (Register 2004, No. 1).
6. Amendment of section and NoTii filed 4-1 1-2005 as an emergency; operative
4-1 1-2005 (Register 2005. No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Amendment of section and Note refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Amendment of section and Note refiled 12-6-2005 as an emergency; operafive
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
nutted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Amendment of section and Note refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Amendment of section and Note refiled 7-31-2006 as an emergency; opera-
tive 7-31-2006 (Register 2006. No. 31). A Certificate of ComplPance must be
transmitted to OAL by 1 1-28-2006 or emergency language will be repealed by
operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.02. Commission's Annual Program Review
Meeting.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.24(f) and 5090.32, Public Resources Code.
History
1. New article 2 (sections 4970.02-4970.08) and section filed 9-14-2000; opera-
tive 9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register
2000, No. 37).
2. Amendment of section heading and subsections (b)(1) and (b)(5), new subsec-
tions (0-(f)(6) and amendment of Note filed 4-7-2003 as an emergency; op-
erative 4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be
transmitted to OAL by 8-5-2003 or emergency language will be repealed by
operation of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Amendment of section heading and subsections (b)(1) and (b)(5), new subsec-
tions (f)-(0(6) and amendment of Note refiled 8-8-2003 as an emergency; op-
erafive 8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be
transmitted to OAL by 12-8-2003 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former article 2 heading and repealer and new section filed
4-11 -2005 as an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A
Certificate of Comphance must be transmitted to OAL by 8-9-2005 or emer-
gency language will be repealed by operation of law on the following day.
7. Repealer of former article 2 heading and repealer and new section refiled
8-8-2005 as an emergency; operative 8-8-2005 (Register 2005, No. 32). A
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer-
gency language will be repealed by operation of law on the following day.
8. Repealer of former article 2 heading and repealer and new secfion refiled
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer-
gency language will be repealed by operation of law on the following day.
9. Repealer of former article 2 heading and repealer and new section refiled
4-3-2006 as an emergency; operafive 4-3-2006 (Register 2006, No. 14). A
Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emer-
gency language will be repealed by operafion of law on the following day.
10. Repealer of former article 2 heading and repealer and new section refiled
7-31-2006 as an emergency; operafive 7-31-2006 (Register 2006, No. 31). A
Certificate of Compliance must be transmitted to OAL by 1 1 -28-2006 or emer-
gency language will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code secfion
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
§ 4970.03. General Application Requirements.
NotE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.35, 5090.50, 5090.51 and 5090.53, Public Re-
sources Code.
History
1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Amendment of subsecfion (a), new subsecfion (c)(7), amendment of subsec-
tions (f) and (k), repealer of subsections (k)(l)-(m) and amendment of Note
filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003, No. 1 5).
A Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer-
gency language will be repealed by operafion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Amendment of subsection (a), new subsecfion (c)(7), amendment of subsec-
tions (0 and (k). repealer of subsecfions (k)(l )-(ra) and amendment of Note re-
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32).
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or
emergency language will be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Complialice must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005. No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
fion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operafive
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operafive
7-31-2006 (Register 2006, No. 31). A Cerfificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
erafion of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
Article 2. Types of Projects and Specific
Application and Content Requirements
§ 4970.04. Acquisition Projects.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32 and 5090.50, Public Resources Code; Title 1, Division 7,
Chapter 16, Section 7260 et seq.. Government Code.
History
1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code secfion 1 1343.4(d) (Register 2000, No. 37).
2. Amendment of section heading, secfion and Note filed 4-7-2003 as an emer-
gency; operafive 4-7-2003 (Register 2003, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-5-2003 or emergency language will
be repealed by operation of law on the following day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code section 1 1346.1(0 (Register 2003, No. 32).
4. Amendment of section heading, section and Note refiled 8-8-2003 as an emer-
gency; operative 8-8-2003 (Register 2003, No. 32). A Certificate of Com-
pfiance must be transmitted to OAL by 12-8-2003 or emergency language will
be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. New article 2 heading and repealer and new secfion filed 4-1 1-2005 as an emer-
gency; operafive 4-11-2005 (Register 2005, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2005 or emergency language will
be repealed by operafion of law on the following day.
7. New article 2 heading and repealer and new secfion refiled 8-8-2005 as an
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will
be repealed by operation of law on the following day.
8. New article 2 heading and repealer and new section refiled 12-6-2005 as an
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-5-2006 or emergency language
will be repealed by operation of law on the following day.
9. New article 2 heading and repealer and new secfion refiled 4—3-2006 as an
emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
Page 470
Register 2007, No. 19; 5-11-2007
Title 14
Department of Parks and Recreation
§ 4970.08
•
10. New article 2 heading and repealer and new section refiled 7-3 1-2006 as an
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance inust be transmitted to OAL by 11-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1 346.1(g) (Register 2007, No. 19).
12. Repealer of article 2 (sections 4970.04-4970.09) and section filed 5-7-2007;
operative 5-7-2007 (Register 2007, No. 19).
§ 4970.05, Development Projects.
NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code; Public Law
101-336, July 26, 1990, 104 Stat. 327.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Amendment of section and Note filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code secfion 11346.1(0 (Register 2003, No. 32).
4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-8-2003 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1 ).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
fion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by dpera-
fion of law on the following day.
10. Repealer and new secfion refiled 7-31-2006 as an emergency; operative
7-3 1-2006 (Register 2006, No. 3 1). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.06. Equipment Projects.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Amendment of secfion and NOTE filed 4-7-2003 as an emergency; operafive
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
fion of law on the following day.
3 . Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code secfion 11346.1(f) (Register 2003, No. 32).
4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operafive
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operafive
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
fion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the tbllowing day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-3 1-2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operafion of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.07. Facilities Operation and Maintenance (FO&M)
Projects.
NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resource Code.
History
1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government
Code section 1 1 343.4(d) (Register 2000, No. 37).
2. Amendment of section heading, section and Note filed 4-7-2003 as an emer-
gency; operafive 4-7-2003 (Register 2003, No. 15). A Certificate of Com-
pfiance must be transmitted to OAL by 8-5-2003 or emergency language will
be repealed by operafion of law on the following day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Amendment of secfion heading, section and Note refiled 8-8-2003 as an emer-
gency; operafive 8-8-2003 (Register 2003, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 12-8-2003 or emergency language will
be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new secfion refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
fion of law on the following day.
8. Repealer and new secfion refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operafive
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). ACertificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operafion of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.08. Law Enforcement Projects.
NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer-
ence: Secfions 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code; and
Section 38000, Vehicle Code.
History
1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
2. Amendment of secfion and Note filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
fion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operafive
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of CompHance must be trans-
Page 470.1
Register 2007, No. 19; 5-11-2007
§ 4970.09
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by J 2-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006. No. 14). A Ceitificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-3 1 -2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.09. OHV Safety or Education Program Projects.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.09 to section 4970.10 and new section
4970.09 filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transiTiitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.09 to section 4970.10 and new section
4970.09 refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register
2003, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operafive
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-3 1-2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§4970.10. Planning Projects.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
History
1. New article 3 (sections 4970.09-4970.15) and section filed 9-14-2000; opera-
tive 9-14-2000 pursuant to Government Code section 11343.4(d) (Register
2000, No. 37).
2. Renumbering of former section 4970. 10 to section 4970.1 1 and renumbering of
former section 4970.09 to section 4970. 10, including amendment of section and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code secfion 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970. 10 to section 4970. 1 1 and renumbering of
former section 4970.09 to section 4970.1 0, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order, including further amendment
of subsection (a), transmitted to OAL 11-1 7-2003 and filed 12-31-2003 (Reg-
ister 2004, No. 1).
6. Repealer of former article 3 heading and repealer and new section filed
4-1 1-2005 as an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-9-2005 or emer-
gency language will be repealed by operation of law on the following day.
7. Repealer of former article 3 heading and repealer and new section refiled
8-8-2005 as an emergency; operative 8-8-2005 (Register 2005, No. 32). A
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer-
gency language will be repealed by operafion of law on the following day.
8. Repealer of former article 3 heading and repealer and new section refiled
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer-
gency language will be repealed by operation of law on the following day.
9. Repealer of former article 3 heading and repealer and new section refiled
4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A
Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emer-
gency language will be repealed by operation of law on the following day.
10. Repealer of former article 3 heading and repealer and new section refiled
7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A
Certificate of Compliance must be transmitted to OAL by 1 1-28-2006 or emer-
gency language will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operafion of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
§ 4970.1 1 . Resource Management Projects.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970. 1 1 to section 4970. 12 and renumbering of
former secfion 4970. 1 0 to section 4970. 1 1 , including amendment of secfion and
Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operafion of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.1 1 to section 4970.12 and renumbering of
former section 4970. 1 0 to section 4970. 1 1 , incl udi ng amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-11-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new secfion refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new secfion refiled 12-6-2005 as an emergency; operafive
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operafive
4-3-2006 (Register 2006, No. 14). A Certificate of Comphance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
Page 470.2
Register 2007, No. 19; 5-11-2007
Title 14
Department of Parks and Recreation
§ 4970.15
§4970.12. Restoration Projects.
Note; Authority cited: Sections 500] .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.12 to section 4970.13 and renumbering
and amendment of former section 4970.1 1 to section 4970.12 filed 4-7-2003
as an emergency; operative 4-7-2003 (Register 2003, No. 1 5). A Certificate of
Compliance must be transmitted to OAL by 8-5-2003 or emergency language
will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.12 to section 4970.13 and renumbering
and amendment of former section 4970. 1 1 to section 4970. 12 refiled 8-8-2003
as an emergency; operative 8-8-2003 (Register 2003, No. 32). A Certificate of
Compliance must be transmitted to OAL by J 2-8-2003 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 3 1). A Certificate of Comphance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.13. Studies And Scientific Research Projects.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5024.1, 5090.32, and 5090.50, PubUc Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970. 1 3 to section 4970. 14 and renumbering of
former section 4970.12 to section 4970.13, including amendment of section
heading, section and Note, filed 4-7-2003 as an emergency; operarive
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.13 to section 4970.14 and renumbering of
former section 4970.12 to secdon 4970.13, including amendment of section
heading, section and Note, refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operarive
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
lion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346. Kg) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.14. Trail Maintenance, Trail Conservation, and Trail
Reroute Projects.
NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090,50, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.14 to section 4970. 15 and renumbering of
former section 4970. 13 to section 4970. 14, including amendment of section and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.14 to section 4970. 15 and renumbering of
former section 4970. 13 to section 4970. 14, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
rriitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new secdon refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
don of law on the following day.
10. Repealer and new secdon refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eradon of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
Article 3.
Environmental and Match
Requirements
§ 4970.15. CEQA Requirements.
NOTE; Authority cited: Secdons 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50(g), Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970. 1 5 to secdon 4970. 16 and renumbering of
former secdon 4970. 14 to secdon 4970. 1 5, including amendment of section and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operadon of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former secdon 4970.15 to secdon 4970. 16 and renumbering of
former section 4970. 1 4 to section 4970. 1 5, including amendment of secdon and
Note, refiled 8-8-2003 as an emergency; operadve 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
Page 470.3
Register 2007, No. 19; 5-11-2007
§ 4970.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
1 2-8-2003 or emergency language will be repealed by operation of law on the
following clay.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. New article 3 heading and repealer and new section filed 4-1 1-2005 as an emer-
gency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2005 or emergency language will
be repealed by operation of law on the following day.
7. New article 3 heading and repealer and new section refiled 8-8-2005 as an
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will
be repealed by operation of law on the following day.
8. New article 3 heading and repealer and new section refiled 12-6-2005 as an
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-5-2006 or emergency language
will be repealed by operation of law on the following day.
9. New article 3 heading and repealer and new section refiled 4-3-2006 as an
emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
10. New article 3 heading and repealer and new section refiled 7-31-2006 as an
ejTiergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan-
guage will be repealed by operafion of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer of article 3 (sections 4970.15-4970.18) and section filed 5-7-2007;
operative 5-7-2007 (Register 2007, No. 19).
§ 4970.1 6. Wildlife Habitat Protection Program (WHPP) /
Habitat Management Program (HMP).
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, 5090.35, 5090.50 and 5090.53, PubHc Resources Code.
History
1. New article 4 (sections 4970.16-4970.22) and section filed 9-14-2000; opera-
tive 9-14-20()0 pursuant to Government Code section 11343.4(d) (Register
2000, No. 37).
2. Renumbering of former section 4970. 16 to section 4970. 17 and renumbering of
former section 4970. 1 5 to section 4970. 16, including amendment of secfion and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.16 to section 4970.17 and renumbering of
former section 4970.15 to section 4970.16, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
1 2-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Comphance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operafive
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new secfion refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
1 1. Repealer of 7-31-2006 order by operafion of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
§ 4970.17, Soil Conservation Program.
NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer-
ence: Secfion 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code secfion 1 1 343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.1 7 to section 4970. 18 and renumbering of
former secfion 4970.16 to secfion 4970.17, including amendment of section
heading, section and Note, filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
fion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code secfion 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.1 7 to secfion 4970. 18 and renumbering of
former section 4970.16 to secfion 4970.17, including amendment of section
heading, section and Note, refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former article 4 heading and repealer and new secfion filed
4-1 1-2005 as an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-9-2005 or emer-
gency language will be repealed by operation of law on the following day.
7. Repealer of former article 4 heading and repealer and new section refiled
8-8-2005 as an emergency; operafive 8-8-2005 (Register 2005, No. 32). A
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer-
gency language will be repealed by operation of law on the following day.
8. Repealer of former article 4 heading and repealer and new section refiled
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer-
gency language will be repealed by operation of law on the following day.
9. Repealer of former article 4 heading and repealer and new secfion refiled, in-
cluding amendments to subsecfion (d), 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
fion of law on the following day.
1 0. Repealer of former article 4 heading and repealer and new secfion refiled, in-
cluding amendments to subsection (d), 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§4970.18. Match Requirements.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Secfion 5090.51, Public Resources Code.
History
1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code secfion 11 343 .4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970. 18 to secfion 4970. 19 and renumbering of
former section 4970.17 to section 4970.1 8, including amendment of secfion and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operafion of law on the following
day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former secfion 4970. 1 8 to section 4970. 1 9 and renumbering of
former section 4970. 17 to secfion 4970. 1 8, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
fion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operafive
8-8-2005 (Register 2005, No. 32). A Certificate of Comphance must be trans-
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera-
fion of law on the following day.
8. Repealer and new secfion refiled 12-6-2005 as an emergency; operative
12-6-2005 (Register 2005, No. 49). A Certificate of Comphance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
fion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
Page 470.4
Register 2007, No. 19; 5-11-2007
Title 14
Department of Parks and Recreation
§ 4970.21
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance rtiust be trans-
initted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
Article 4. Application Evaluation System
§ 4970.19. Application Evaluation System.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.24 and 5090.32, Public Resources Code.
History
1. New section filed 9-14-2000: operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970. 1 9 to section 4970.20 and renumbering of
former section 4970. 1 8 to section 4970. 1 9, including amendment of section and
Note, filed 4-7-2003 as an emergency; operative''4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4—7-2003 emergency amendment
by operation of Government Code section 11346.1(1) (Register 2003, No. 32).
4. Renumbering of former section 4970. 1 9 to section 4970.20 and renumbering of
former section 4970. 1 8 to section 4970. 19, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. New article 4 heading and repealer and new section filed 4-1 1-2005 as an emer-
gency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2005 or emergency language will
be repealed by operation of law on the following day.
7. New article 4 heading and repealer and new secfion refiled 8-8-2005 as an
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 12-6-2005 or emergency language will
be repealed by operation of law on the following day.
8. New article 4 heading and repealer and new section refiled 12-6-2005 as an
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-5-2006 or emergency language
will be repealed by operation of law on the following day.
9. New article 4 heading and repealer and new section refiled 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
10. New article 4 heading and repealer and new section refiled 7-31-2006 as an
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code secfion
11346.1(g) (Register 2007, No. 19).
12. Repealer of article 4 (sections 4970.19-4970.20) and section filed 5-7-2007;
operative 5-7-2007 (Register 2007, No. 19).
§ 4970.20. Commission Allocation of Funds and Approval
of Grants and Cooperative Agreements
Program Applications.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.61, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.20 to section 4970.21 and renumbering of
former section 4970. 1 9 to section 4970.20, including amendment of Note, filed
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer-
gency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.20 to section 4970.2 1 and renumbering of
former section 4970.19 to section 4970.20, including amendment of Note, re-
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32).
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer and new section filed 4-11-2005 as an emergency; operative
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera-
tion of law on the following day.
7. Repealer and new section refiled 8-8-2005 as an emergency; operative
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera-
tion of law on the following day.
8. Repealer and new section refiled 12-6-2005 as an emergency; operative
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans-
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Repealer and new section refiled 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 1 4). A Certificate of Compliance must be trans-
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera-
tion of law on the following day.
10. Repealer and new section refiled 7-31-2006 as an emergency; operative
7-3 1 -2006 (Register 2006, No. 31 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op-
eration of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
Article 5. Accounting, Annual Audits and
Performance Reviews, and Site Visits
§ 4970.21. Accounting, Annual Audits and Performance
Reviews, and Site Visits.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.2 1 to section 4970.22 and renumbering of
forrner section 4970.20 to section 4970.2 1 , including amendment of Note, filed
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer-
gency language will be repealed by operation of law on the following day.
3 . Reinstatement of section as it existed prior to 4-7-2003 emergency amend ment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.21 to section 4970.22 and renumbering of
former section 4970.20 to section 4970.21, including amendment of Note, re-
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32).
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. New article 5 heading and repealer and new section filed 4-1 1-2005 as an emer-
gency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2005 or emergency language will
be repealed by operation of law on the following day.
7. New article 5 heading and repealer and new section refiled 8-8-2005 as an
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will
be repealed by operation of law on the following day.
8. New article 5 heading and repealer and new section refiled 1 2-6-2005 as an
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of
CompUance must be transmitted to OAL by 4-5-2006 or emergency language
will be repealed by operation of law on the following day.
9. New article 5 heading and repealer and new section refiled 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
10. New article 5 heading and repealer and new section refiled 7-31-2006 as an
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer of article 5 (sections 4970.21-4970.32) and section filed 5-7-2007;
operative 5-7-2007 (Register 2007, No. 19).
Page 470.5
Register 2007, No. 19; 5-11-2007
§ 4970.22
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 4970.22. Operation and Maintenance of OHV-Funded
Facilities.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.51, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.22 to section 4970.23 and renumbering of
former section 4970.2 1 to section 4970.22, including amendment of Note, filed
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer-
gency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2003. No. 32).
4. Renumbering of former section 4970.22 to section 4970.23 and renumbering of
former section 4970.21 to .section 4970.22, includine amendment of Note, re-
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32).
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer filed 4-11-2005 as an emergency; operafive 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.23. Use of OHV-Funded Facilities.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.50 and 5090.51, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.23 to section 4970.24 and renumbering of
former section 4970.22 to section 4970.23, including amendment of subsection
(f) and amendment of Note, filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.23 to section 4970.24 and renumbering of
former section 4970.22 to section 4970.23, including amendment of subsection
(f) and amendment of NOTE, refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
1 0. Repealer refiled 7-31-2006 as an emergency; operative 7-3 1-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1 346. 1 (g) (Register 2007, No. 1 9).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.24. Project Agreement.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.50 and 5090.53, Public Resources Code.
History
1 . New article 5 (sections 4970.23-4970.25) and section filed 9-14-2000; opera-
tive 9-14-2000 pursuant to Govemment Code section 11343.4(d) (Reaister
2000, No. 37).
2. Renumbering of former section 4970.24 to section 4970.25 and renumbering of
former section 4970.23 to section 4970.24. including amendment of article
heading, section and Note, filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
initted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Govemment Code section 1 1346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.24 to section 4970.25 and renumbering of
former section 4970.23 to section 4970.24, including amendment of article
heading, section and Note, refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by ] 2-8-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former article 5 heading and repealer of section filed 4-1 1-2005 as
an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of
Compliance must be transmitted to OAL by 8-9-2005 or emergency language
will be repealed by operation of law on the following day.
7. Repealer of former article 5 heading and repealer of section refiled 8-8-2005
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of
Compliance must be transmitted to OAL by 12-6-2005 or emergency language
will be repealed by operation of law on the following day.
8. Repealer of former article 5 heading and repealer of section refiled 1 2-6-2005
as an emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
9. Repealer of former article 5 heading and repealer of section refiled 4—3-2006
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of
Compliance must be transmitted to OAL by 8-1-2006 or emergency language
will be repealed by operation of law on the following day.
1 0. Repealer of former article 5 head ing and repealer of section refiled 7-31 -2006
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.25. Amendment to Project Agreement.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Govemment
Code section 11343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.25 to section 4970.26 and renumbering of
former section 4970.24 to section 4970.25, including amendment of section and
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Govemment Code section 1 1346.1(0 (Register 2003, No. 32).
4. Renumbering of former section 4970.25 to section 4970.26 and renumbering of
former section 4970.24 to section 4970.25, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
Page 470.6
Register 2007, No. 19; 5-11-2007
Title 14
Department of Parks and Recreation
§ 4970.28
6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operafive 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operaUon of law on the
following day.
10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.26. Re-Scope of Project Agreement.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Public Resources Code.
History
1. New article 6 (section 4970.26) and section filed 9-14-2000; operative
9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register 2000,
No. 37).
2. Renumbering of former secfion 4970.26 to section 4970.27 and renumbering of
former section 4970.25 to secfion 4970.26, including amendment of secfion
heading, section and Note, filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
fion of law on the following day.
3. Reinstatement of section as it existed prior to 4—7-2003 emergency amendment
by operafion of Government Code secfion 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former secfion 4970.26 to section 4970.27 and renumbering of
former section 4970.25 to secfion 4970.26, including amendment of section
heading, section and Note, refiled 8-8-2003 as an emergency; operafive
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operafion of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operafive 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
10. Repealer refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19).
§ 4970.27. Annual Application Review Meetings.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.24 and 5090.32, Public Resources Code.
History
1. New article 7 (section 4970.27) and secfion filed 9-14-2000; operative
9-14-2000 pursuant to Government Code secfion 1 1343.4(d) (Register 2000,
No. 37).
2. Renumbering of former secfion 4970.27 to section 4970.28 and renumbering of
former section 4970.26 to section 4970.27, including amendment of section and
Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.27 to section 4970.28 and renumbering of
former secfion 4970.26 to section 4970.27, including amendment of section and
Note, refiled 8-8-2003 as an emergency: operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former article 6 heading and repealer of section filed 4-1 1-2005 as
an emergency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of
Compliance must be transmitted to OAL by 8-9-2005 or emergency language
will be repealed by operation of law on the following day.
7. Repealer of former article 6 heading and repealer of secfion refiled 8-8-2005
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of
Compliance must be transmitted to OAL by 12-6-2005 or emergency language
will be repealed by operation of law on the following day.
8. Repealer of former article 6 heading and repealer of secfion refiled 12-6-2005
as an emergency; operafive 12-6-2005 (Register 2005, No. 49). A Certificate
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
9. Repealer of former article 6 heading and repealer of secfion refiled 4—3-2006
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of
Compliance must be transmitted to OAL by 8-1-2006 or emergency language
will be repealed by operafion of law on the following day.
1 0. Repealer of former article 6 head ing and repealer of section refi led 7-3 1 -2006
as an emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operafion of law on the following day.
11. Repealer of 7-31-2006 order by operafion of Government Code secfion
1 1346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.28. Application Guide - General.
NOTE: Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Pubhc Resources Code.
History
1. New article 8 (sections 4970.28--4970.31) and secfion filed 9-14-2000; opera-
five 9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register
2000, No. 37).
2. Renumbering of former section 4970.28 to section 4970.29 and renumbering of
former secfion 4970.27 to section 4970.28, including amendment of secfion and
Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003,
No. 1 5). A Certificate of CompUance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment
by operafion of Government Code secfion 1 1346.1(0 (Register 2003, No. 32).
4. Renumbering of former section 4970.28 to secfion 4970.29 and renumbering of
former section 4970.27 to section 4970.28, including amendment of section and
Note, refiled 8-8-2003 as an emergency; operafive 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former article 7 heading and repealer of secfion filed 4-1 1-2005 as
an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A Certificate of
Compliance must be transmitted to OAL by 8-9-2005 or emergency language
will be repealed by operation of law on the following day.
7. Repealer of former article 7 heading and repealer of secfion refiled 8-8-2005
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of
Compliance must be transmitted to OAL by 12-6-2005 or emergency language
will be repealed by operation of law on the following day.
8. Repealer of former article 7 heading and repealer of section refiled 12-6-2005
as an emergency; operafive 12-6-2005 (Register 2005, No. 49). A Certificate
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
9. Repealer of former article 7 heading and repealer of secfion refiled 4-3-2006
as an emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of
Compliance must be transmitted to OAL by 8-1-2006 or emergency language
will be repealed by operation of law on the following day.
10. Repealer of former article 7 heading and repealer of section refiled 7-31-2006
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operafion of law on the following day.
Page 470.7
Register 2007, No. 19; 5-11-2007
§ 4970.29
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
11. Repealer of 7-31-2006 order by operation of Governmeni Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.29. Accounting, Audits, and Annual Performance
Review - General.
NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former section 4970.29 to section 4970.30 and renumbering of
former section 4970.28 to section 4970.29, including amendment of article
heading, section heading, section and Note, filed 4-7-2003 as an emergency;
operative 4-7-2003 (Register 2003, No. 1 5). A Certificate of Compliance must
be transmitted to OAL by 8-5-2003 or emergency language will be repealed by
operation of law on the following day.
3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former section 4970.29 to section 4970.30 and renumbering of
former section 4970.28 to section 4970.29, including amendment of article
heading, section heading, section and Note, refiled 8-8-2003 as an emergency;
operative 8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must
be transmitted to OAL by 12-8-2003 or emergency language will be repeated
by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer of former ailicle 8 heading and repealer of section filed 4-1 1-2005 as
an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of
Compliance must be transmitted to OAL by 8-9-2005 or emergency language
will be repealed by operation of law on the following day.
7. Repealer of former article 8 heading and repealer of section refiled 8-8-2005
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of
Comphance must be transmitted to OAL by 1 2-6-2005 or emergency language
will be repealed by operation of law on the following day.
8. Repealer of former article 8 heading and repealer of section refiled 12-6-2005
as an emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
9. Repealer of former article 8 heading and repealer of section refiled 4-3-2006
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of
Compliance must be transmitted to OAL by 8-1-2006 or emergency language
will be repealed by operation of law on the following day.
10. Repealer of former article 8 heading and repealer ofsection refiled 7-3 1-2006
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate
of Compliance must be transmitted to OAL by 1 1 -28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
11. Repealer of 7-31-2006 order by operation of Government Code secdon
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.30. Project Termination.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former secfion 4970.30 to secdon 4970.31 and renumbering of
formersecdon4970.29tosecdon4970.30. including amendment of Note, filed
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003. No. 15). A
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer-
gency language will be repealed by operation of law on the following day.
3. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2003, No. 32).
4. Renumbering of former secdon 4970.30 to section 4970.31 and renumbering of
former secdon 4970.29 to secdon 4970.30, including amendment of Note, re-
filed 8-8-2003 as an emergency; operadve 8-8-2003 (Register 2003, No. 32).
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operadve 8-8-2005 (Register
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
10. Repealer refiled 7-3 1-2006 as an emergency; operadve 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
11. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.31. Conservation and Enforcement Services
Account.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Secdons 5090.32, 5090.35, 5090.50, 5090.53 and 5090.64, Public Re-
sources Code; Section 8352.8, Revenue and Taxadon Code; and Sections 38000
and 38370, Vehicle Code.
History
1. New secdon filed 9-14-2000; operative 9-14-2000 pursuant to Government
Code secdon 1 1343.4(d) (Register 2000, No. 37).
2. Renumbering of former secdon 4970.31 to secdon 4970.32 and renumbering of
former secdon 4970.30 to section 4970.3 1 , including amendment ofsection and
Note, filed 4-7-2003 as an emergency; operadve 4-7-2003 (Register 2003,
No. 1 5). A Certificate of Compliance must be transmitted to OAL by 8-5-2003
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment
by operadon of Government Code section 1 1346.1(0 (Register 2003, No. 32).
4. Renumbering of former section 4970.31 to secdon 4970.32 and renumbering of
former secdon 4970.30 to section 4970.3 1 , including amendment ofsection and
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003,
No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2003 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2005 or emergency language will be repealed by operadon of law on the
following day.
7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by
1 2-6-2005 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
1 1. Repealer of 7-31-2006 order by operation of Government Code section
11346.1(g) (Register 2007, No. 19).
12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
§ 4970.32. Evaluation Criteria.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.23, 5090.24(f), 5090.32 and 5090.50, Public Resources Code.
History
1. Renumbering of former secdon 4970.31 to secdon 4970.32 , including amend-
ment of secfion and Note, filed 4-7-2003 as an emergency; operative
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera-
tion of law on the following day.
2. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment
by operadon of Government Code section 11346.1(f) (Register 2003, No. 32).
3. Renumbering of former section 4970.31 to secdon 4970.32 , including amend-
ment of secdon and Note, refiled 8-8-2003 as an emergency; operative
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans-
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera-
don of law on the following day.
Page 470.8
Register 2007, No. 19; 5-11-2007
Title 14
Department of Parks and Recreation
§ 4970.50
4. Certificate of Compliance as to 8-8-2003 order transmitted to OAL
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1).
5. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register
2005, No. 15). A Certificate of Compliance must be traiismitied to OAL by
8-9-2005 or emergency language will be repealed by operation of law on the
following day.
6. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-6-2005 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-5-2006 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register
20()6, No. 14). A Certificate of Comphance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
10. Repealer of 7-31-2006 order by operation of Government Code secdon
1 1 346. 1 (g) (Register 2007, No. 1 9).
11. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19).
Chapter 15.5. Off-Highway Motor Vehicle
Recreation Grants and Cooperative
Agreements Program Regulations
Article 1 . General Provisions
§ 4970.49. Application of Chapter.
Chapterl5.5 applies only to Grant and Cooperative Agreement Ap-
plications received by the Off-Highway Motor Vehicle Recreation Divi-
sion on or after January 1, 2007.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.01-5090.70, Public Resources Code.
History
1. New chapter 15.5 (articles 1-5, sections 4970.49-4970.72), article 1 (sections
4970.49-4970.53) and section filed 4-3-2006 as an emergency; operative
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans-
mitted to OAL by 8-1 -2006 or emergency language will be repealed by opera-
tion of law on the following day.
2. New chapter 15.5 (articles 1-5), article 1 (sections 4970.49-4970.53) and sec-
tion refiled 7-3 1-2006 as an emergency; operative 7-31-2006 (Register 2006,
No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New chapter 1 5.5 (articles 1-5), article 1 (sections 4970.49^970.53) and sec-
tion refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register
2006, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-2007 or emergency language will be repealed by operafion of law on the
following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
secdon and new Notie, transmitted to OAL 3-26-2007 and filed 5-7-2007
(Register 2007, No. 19).
§ 4970.50. Definitions.
The words used in this chapter have the following meanings whenever
the words are capitalized in this Chapter 15.5:
(a) "Act" means the Off-Highway Motor Vehicle Recreation Act of
2003, as amended, commencing at Public Resources Code Section
5090.01, or any subsequent amended versions.
(b) "Administrative Costs" means the costs of functions performed in
support of the Deliverables associated with the Project. Examples of Ad-
ministrative Costs include, but are not limited to, activities such as per-
sonnel providing administrative support directly related to the Project,
time keeping, accounting, fiscal management, record keeping and/or
purchasing.
(c) "Allocation" means a determination of Funds to be made available
for, or an expenditure limit established for, an organizational unit or func-
tion, a Project or work activity or Deliverable.
(d) "All-Terrain Vehicle (ATV)" means any vehicle as defined by
California Vehicle Code Section 111.
(e) "Applicant" means any of the following that are eligible to apply
for funding under the Off-Highway Motor Vehicle Recreation
(OHMVR) Division Grants and Cooperative Agreements program:
(1) For a city or county: a department or comparable subdivision;
(2) An Appropriate District;
(3) For the U.S. Forest Service: a Forest or Regional Office;
(4) For the U.S. Bureau of Land Management: a Field, District, or State
Office;
(5) For other Federal Agencies: a Field, District, Regional or State Of-
fice or similar subdivision;
(6) A Federally Recognized Native American Tribe;
(7) An Educational Institution;
(8) A Nonprofit organization.
(1) "Application" means a compilation of required documents in con-
formance with these regulations to support a request for funding from the
Off-Highway Motor Vehicle Recreation (OHMVR) Division's Grants
and Cooperative Agreements program for proposed Project(s).
(g) "Application Instructions" means directions for completing an Ap-
plication for an OHV Grant or Cooperative Agreement found in Chapter
1 of the Off-Highway Motor Vehicle Recreation Division, Grants and
Cooperative Agreements Program, Grants Program Manual dated July
2007.
(h) "Appropriate District" means one that has clear legal responsibility
for open space, recreation, parks, and resource-related activities that are
land based.
(i) "Appropriation" means a legislative act authorizing the expendi-
ture of a designated amount of public funds for a specific purpose and
usually for a specific period of time.
(j) "Audit" means a comprehensive review in accordance with Gener-
ally Accepted Auditing Standards (GAAS), developed by the American
Institute of Certified Public Accountants (AICPA) and the Government
Auditing Standards issued by the United States General Accounting Of-
fice (GAO). The Audit is a review of the Grantee's relevant financial re-
cords by the Department of Parks and Recreation Audit Office staff or
other Department designee to determine that they support the expendi-
tures authorized in the Project Agreement.
(k) "Buffer" refers to lands or physical barriers acquired or established
contiguous to existing or proposed off-highway motor vehicle recre-
ational areas to protect plant and wildlife habitat, soils, view sheds, or re-
duce noise and other effects to the surrounding lands, for the purpose of
sustaining OHV Recreation.
(/) "Casual" means non-competitive OHV Recreation.
(m) "CEQA" means the California Environmental Quality Act, Public
Resources Code (PRC) Section 21000 et seq.; Title 14, California Code
of Regulations (CCR), Division 6, Chapter 3, Article 20.
(n) "Commission" means the Off-Highway Motor Vehicle Recre-
afion (OHMVR) Commission.
(o) "Conservation" means activities, practices, and programs devel-
oped and/or implemented in connection with ongoing OHV Recreation
that sustain and preserve soils, plants, wildlife and their habitat, and natu-
ral and Cultural Resources as referenced in or required by PRC Sections
5090.10, 5090.35, 5090.50, and 5090.53.
(p) "Construcfion" means the act of building or assembling using dif-
ferent parts, materials, or elements in an ordered manner including, but
not limited to, physical barriers, trails, Roads, facilities, hardening of
stream crossings, fencing, sediment control structures, and facilities
landscaping.
(q) "Cooperative Agreement" means an agreement between the Divi-
sion and a Federal Agency, or a Federally Recognized Native American
Tribe for the purposes authorized and defined in PRC 5090.50 and these
regulafions.
Page 470.9
Register 2007, No. 29; 7-20-2007
§ 4970.50
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(r) "Cultural Resources" are associated with events that have made a
signillcant contribution to the broad patterns of California's history and
cultural heritage; are associated with the lives of persons important in our
past; embody the distinctive characteristics of a type, period, region, or
method of construction, or represent the work of an important creative
individual, or possess high artistic values; or have yielded, or may be
likely to yield, information important in prehistory or history. Cultural
Resources also include Historical Resources. Historical Resources in-
clude, but are not limited to, any object, building, structure, site, area,
place, record, or manuscript that is historically or archaeologically sig-
nificant, or is significant in the architectural, engineering, scientific, eco-
nomic, agricultural, educational, social, political, military, or cultural an-
nals of California. A resource shall be considered by the lead agency to
be "historically significant" if the resource meets the criteria for listing
on the California Register of Historical Resources (PRC Section 5024.1,
Title 14 CCR, Section 4852).
(s) "Deliverables" means the specific tangible outcomes or work prod-
ucts to be provided, acquired, or produced with the Funds made available
pursuant to the Project Agreement. Examples include the purchase of a
specified property, installation of specified erosion control measures.
Construction of a restroom, specific hours or days of patrol. Construction
of a specified length of fencing, production of a specified number of
maps, purchase of specified Equipment, Restoration of a specific area.
Maintenance of a specific length of trail, completion of research resulting
in a written report, and planning that results in a report or reports includ-
ing any related specified documents.
(t) "Deputy Director" means the manager of the California Depart-
ment of Parks and Recreation, OHMVR Division.
(u) "Development" means the Construction of new, and/or improve-
ment of existing. Facilities, Roads, trails, or areas to improve existing or
provide additional opportunities, experiences, or services for OHV Rec-
reation.
(v) "Division" means the OHMVR Division of the California Depart-
ment of Parks and Recreation.
(w) "Division Website" means the internet page of the Department of
Parks and Recreation, OHMVR Division at (www.ohv.parks.ca.gov).
(x) "Due Diligence" means to conduct or cause to be conducted an in-
vestigation of all aspects of property proposed to be acquired and/or de-
veloped using Funds, including investigating the suitabihty of the prop-
erty for the intended use, and all critical facts and assumptions used in
developing the proposed Project that would assist in evaluating the suc-
cess of the Project in providing OHV Recreation opportunities and to
avoid and/or minimize potential risks that could impair the future sus-
tainability of OHV Recreation.
(y) "Educational Institution" means a public or private preschool, ele-
mentary, or secondary school, college or university, or institution; the
governing board of a school district; or any combination of school dis-
tricts or counties recognized as the administrative agency for public ele-
mentary or secondary schools in accordance with Section 210.1 of the
Education Code.
(z) "Environmental Document" means a document prepared in accor-
dance with the National Environmental Policy Act (NEPA), or the
California Environmental Quality Act (CEQA).
(aa) "Equipment" means vehicles, tools, instruments, or apparatus.
Equipment includes, but is not limited to: all vehicles, GPS units, sound
meters, cameras, radios, first aid kits, computers, and remote-sensing de-
vices that are used in the implementation of a Project. Equipment does
not include expendable items such as first aid kit refill supphes, personal
safety gear, or tires.
(bb) "Facility" means the assets of an organization that include: build-
ings, grounds, parking facilities, and structures other than buildings such
as shade structures, fences, trash enclosures, cattle guards, etc., and in-
cludes the systems that support facilities (fuel, electrical, sewer, water,
waste, etc.).
(cc) "Federal Agency" means a unit of the United States government.
(dd) "Federally Recognized Native American Tribe" means any tribe,
band, nation, or other organized group or community of Indians, includ-
ing any Alaska Native Village pursuant to Title 25, Code of Federal Reg-
ulations (CFR) Section 83.5(a).
(ee) "Fund" means the Off-Highway Vehicle Trust Fund as created by
subdivision (c) of Section 38225^, CVC.
(ff) "Grant" means an agreement between the Division and a city,
county. Appropriate District, Educational Institution, or Nonprofit orga-
nization for the purposes as authorized and defined in PRC Section
5090.50 and these regulations.
(gg) "Grantee" means any city, county. Appropriate District, Non-
profit organization. Educational Institution, Federal Agency, or Federal-
ly Recognized Native American Tribe receiving OHV Grant or Coopera-
tive Agreement Funds.
(hh) "Grants Program Manual" means the Off-Highway Motor Ve-
hicle Recreation Division, Grants and Cooperative Agreements Pro-
gram, Grants Program Manual (July 2007) and all its contents and subse-
quent revisions submitted through the rulemaking process.
(ii) "Maintenance" means the routine, ongoing or periodic work re-
quired to ensure Roads, trails, areas, and related faciUties used for OHV
Recreation and Conservation features (e.g., water diversion features,
sediment basins, etc.) for the protection of natural and Cultural Re-
sources that are impacted by OHV Recreation activities, continue to
function as intended.
(jj) "Monitoring" means periodic data collection and review to deter-
mine if the OHV Project is in compliance with the statutory requirements
and program or Project objectives.
(kk) "NEPA" means the National Environmental Pohcy Act pursuant
to United States Code (U.S.C.) Tide 42, Section 437 1 ; 40 Code of Federal
Regulations (CFR) part 1500.1 et seq.
(//) "Nonprofit" means an organization having tax-exempt status pur-
suant to Section 501(c)(3) of the Internal Revenue Code.
(mm) "OHV" means an off-highway motor vehicle as specified in
CVC Section 38006 and/or street hcensed motor vehicle while being
used on lands to which CVC Division 16.5 applies.
(nn) "OHV Opportunities" means Roads, trails, or areas on lands that
are open to legal OHV Recreation.
(oo) "OHV Recreation" means the activity of driving or riding motor-
ized vehicles for leisure purposes on land to which CVC Division 16.5
apphes.
(pp) "Operation" means the use of staff and Equipment to facilitate
and/or supervise the proper functioning of an OHV Recreation Road,
trail, area or lands and any related visitor or user faciUties or services, in-
cluding the protection of persons, life and property.
(qq) "Performance Review" means the review of a Project to identify
any areas where the Division may provide technical advice and consulta-
tion to the Grantee to improve any aspect of a program or Project funded
by OHV Funds and may include assessing progress toward the accom-
plishment of Deliverables.
(rr) "Project" means the activities and Dehverables described in the
Project Application to be accomphshed with funding through a Project
Agreement.
(ss) Project Agreement" means a contract executed to formally imple-
ment a Project.
(tt) "Project Area" means the physical boundaries within which the ac-
tivities will be performed and Deliverables will be accomplished as de-
scribed in the Project Agreement.
(uu) "Regional OHV Facility" means a Facility, primarily for Casual
OHV Recreation, providing a wide variety of OHV Opportunities for a
wide range of OHV interests, that is 500 or more acres, and with a popula-
tion of 500,000 or more within a 1 50-mile radius or three (3) -hour travel
time, and with the potential to become financially self-sustaining in ac-
cordance with criteria adopted by the Commission pursuant to PRC Sec-
tion 5090.51(b).
Page 470.10
Register 2007, No. 29; 7-20-2007
Title 14
Department of Parks and Recreation
§ 4970.53
(vv) "Repair" means to fix, mend, maice new, or revitalize to a sound
condition or condition existing prior to the OHV-related damage, after
being damaged.
(ww) "Reroute" means the closure, (if not retained for other non-mo-
torized recreation), and Restoration of an existing segment of a trail or
Road and replacement with a new alignment.
(xx) "Restoration" means the completion of all work activities that are
necessary to return land, plant communities, and plant covers to condi-
tions comparable to those of surrounding lands, or at least those that ex-
isted prior to OHV Recreation when the Road, trail, or area has been
closed to OHV Recreation.
(yy) "Roads" include: fire trails, logging Roads, service Roads regard-
less of surface composition, or other roughly graded trails and Roads
upon which vehicular travel by the pubhc is permitted (CVC 38001).
(zz) "Scientific Research" means study and exploration into questions
posed by theories and hypotheses, and defined by measurable steps or op-
erations (e.g., sample design, methodology, statistical inferences).
Scientific research is used to evaluate, estimate, analyze, and address the
possible impact on, or of, OHV Recreation and develop responsive man-
agement recommendations.
(aaa) "Snowmobile" means any vehicle as defined in CVC 557.
(bbb) "Soil Conservation Program" means a plan containing a process
or processes to anticipate and prevent accelerated and unnatural erosion,
as provided for in the "Soil Conservation Guidelines/Standards for Off-
Highway Vehicle Recreation Management (1 1/14/91)" or its successor.
(ccc) "Viable Species Composition" means that species found in the
Project Area have populations with the estimated numbers and distribu-
tion of reproductive individuals to enable their continued existence.
(ddd) "Wildlife Habitat Protection Program (WHPP)" means an ani-
mal and plant Habitat Management Program (HMP) designed to sustain
a Viable Species Composition for the Project Area, pursuant to PRC Sec-
tions 5090.35, 5090.50, and 5090.53.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 4442, 4442.5, 5020. l(j). 5024.1, 5090.04, 5090.05, 5090.06,
5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b), 5090.53,
5090.64(b)(]) and (2) and 21000 et seq., Pubhc Resources Code; Sections 111,
400, 436, 557, 38001, 38006, 38012 and 38225(c) Vehicle Code; USC, Title 42,
Section 437 1 ; USC, Title 43 Sections 160 1 et seq. ; 40 CFR part 1 500. 1 et seq. ; 25
CFR Section 83.5(a); Section 210.1, Education Code; and U.S. Internal Revenue
Code, Section 501(c)(3).
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
5. Change without regulatory effect amending subsections (g), (s), (aa), (hh) and
(pp) filed 7-10-2007 pursuant to section 100, title 1 , California Code of Regula-
tions (Register 2007, No. 28).
6. Amendment of subsections (g) and (hh) filed 7-19-2007 as an emergency; op-
erative 7-19-2007 (Register 2007, No. 29). A Certificate of Compliance must
be transmitted to OAL by 1-15-2008 or emergency language will be repealed
by operation of law on the following day.
§4970.51. Program Purpose.
The purpose of the OHMVR Grants and Cooperative Agreements Pro-
gram is to promote well managed OHV Recreation by providing finan-
cial assistance to eligible agencies and organizations that develop, main-
tain, operate, expand, support, or contribute to well managed
high-quality OHV Recreation areas. Roads, and trails, and to responsi-
bly maintain the wildlife, soils, and habitat of Project Areas in a manner
that will sustain long-term OHV Recreation in accordance with the legis-
lative provisions and intent of the Act commencing at Public Resources
Code (PRC) Section 5090.01.
NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.01-5090.70, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1 -27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including amendment of
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
§ 4970.52. Commission's Annual Program Review
Meeting.
Prior to the start of each Application cycle, the Commission shall con-
duct one (1) public meeting to collect: 1) public input concerning the
OHV Grants and Cooperative Agreements Program, 2) recommenda-
tions for program improvements, and 3) public input for specific Project
needs for Grants and Cooperative Agreements Program areas.
Note: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Section 5090.24(0, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including amendment of
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
§ 4970.53. General Application Requirements.
(a) The Grants Program Manual, and all its contents and subsequent
revisions submitted through the rulemaking process are hereby incorpo-
rated by reference.
(b) Awarding a Grant or Cooperative Agreement does not guarantee
ongoing or future OHV funding in any Project category.
(c) Applications must establish how each proposed Project is directly
related to sustaining OHV Recreation in the Project Area specified in the
Application. Proposed Projects will be screened by the Division prior to
scoring. Any Project Application that does not establish a specific link
to OHV Recreation will not be considered. For the purposes of this sec-
tion, "OHV Recreation" includes both legal and illegal OHV use on pub-
lic or private property to which CVC Division 16.5 applies. Provided
however, where the Project is related to illegal use, the Project purpose
must be limited to enforcement to prevent such illegal use, allowable
protection of resources. Restoration to Repair damage, or for barriers,
signing, or education to prevent such illegal use.
(d) Subject to the discretion of the Division as specified in subsection
(f)(4) of this Section, any Applications determined by the Division to not
be in conformance with these requirements shall be returned to the Appli-
cant without consideration.
(e) General Application requirements are as follows:
(1) Each Applicant may submit only one (1) Application for each
Grant cycle. The Application may contain multiple Projects.
(2) Application requests for Projects shall be not less than $10,000 per
Project and not exceed a maximum of $500,000 per Project type or a total
of $2 million per Applicant.
Page 470.11
Register 2007, No. 29; 7-20-2007
§ 4970.53
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(3) Acquisition, Conservation, Development, Planning, or Restora-
tion Projects are funded for a tiiree (3) year period. For Facilities Opera-
tion and Maintenance, Law Enforcement, OHV Safety and/or Education
Program, and Trail Maintenance Projects not exceeding $15,000 per
year. Funds may be requested for expenditure over a three (3) year peri-
od.
(4) Public Casual use of facilities shall not be less than sixty (60) per-
cent of the total use in Project Areas.
(5) Equipment Funds requested or expended shall be in conformance
with the requirements specified in the Grants Program Manual, Chapters
1 and 3.
(6) Payment of Administrative Costs from the Fund may not exceed
ten ( 1 0) percent of the total Project amount requested in the Application.
(7) All Apphcants shall undertake a public review process of their Ap-
plication(s). The process shall include the following minimum steps:
(A) Public notice. At least thirty (30) calendar days prior to submitting
the final Application, Applicants shall notice to the public of the opportu-
nity to submit comments on the draft Application. The notice shall be
published at a minimum in the Applicant's newsletter and/or Applicant's
website and mailed to those persons, agencies or organizations the Apph-
cant determines likely to have an interest in or be affected by the Project.
(B) Public review. Draft Applications shall be made available for pub-
lic review and comment not later than the date of publication of the public
notice. At a minimum, Apphcants shall make available to the public for
the purpose of this review, the Application Face Sheet, Project descrip-
tion, and Project Costs/Dehverables form.
(f) The Application submission process shall consist of the following:
(1) The Division shall estabhsh a timeline for the submission of Ap-
plications and post the timeline on the Division Website.
(2) Apphcations that are not in the possession of the Division by the
Application submission deadline (see 1 .2.1 of the Grants Program Manu-
al) shall be returned to the Applicant without consideration.
(3) Questions concerning the Application process and the interpreta-
tion of these regulations shall be submitted in writing to the Division
Website, Questions and Answers section. Responses to these questions
will be made in writing via the Division Website within five (5) calendar
days of submission of the questions. The last date for submitting ques-
tions to the Division will be fifteen (15) calendar days prior to the final
Application deadline. The Division shall provide a response to all Appli-
cants on the Division Website not later than ten (10) calendar days before
the Application deadline, in order for the response to be applicable. Ap-
plicants shall not rely on answers to questions unless placed on the Divi-
sion Website, Questions and Answers section, by the Division.
(4) The Division may, but has no obligation, to waive or correct incon-
sequential defects in the Apphcation. "Inconsequential", for the purpose
of this subsection (f)(4) and subsection (f)(5), shall mean a situation
where correction of an Application or waiver of a defect will not give the
Applicant an unfair advantage over other Applicants or Applications.
(A) Examples of an unfair advantage may include, but are not limited
to, situations where an Applicant is allowed to: increase or reduce its re-
quest and/or amend the Deliverables, provide missing information in an
uncompleted form or submittal, provide new information that was not
submitted in or with the Application as submitted on the submittal date,
have its Application evaluated under other Project type criteria, or pro-
vide additional analysis of information submitted in the Application after
the submittal date.
(B) Examples of inconsequential defects may include, but are not lim-
ited to: signing a form or other document that was complete as submitted,
but not signed; correcting mathematical errors where those corrections
do not cause the Application to violate maximum or minimum amounts
allowable; clarifying the meaning of technical words or acronyms; or
substituting a substantially equivalent product, service, Equipment, or
Deliverable for one or more as submitted in the Application when the
need for the substitution could not have been known by the Applicant on
the submittal date.
(5) The Division may request additional information of an Applicant
in order to clarify inconsequential information submitted in the Applica-
tions. Examples of inconsequential information include, but are not lim-
ited to: the location of a Project Area, habitat, or other affected area; cost
entries on forms that do not match totals; or information on an otherwise
completed form where the clarification does not change the purpose for
the Project or amount requested.
(g) Except as provided in Section 4970.53(tX4), Applications found
to have defects that are inconsistent with applicable statute and/or these
regulations will be rejected by the Division. The appeal process shall be
as follows:
(1) Tlie Division shall send a written notice of rejection to the Autho-
rized Representative and Project Administrator as shown on the Applica-
tion Face Sheet by both e-mail and FAX. The notice of rejection shall
specify the defect(s) and refer to the appropriate statutes and regulations
that apply.
(2) The Applicant has until 5:00 p.m. on the third full business day af-
ter the Division sends the notice of rejection to request an appeal by one
of the following methods:
(A) Submission of an e-mail to the Grants Program Manager detailing
the Apphcant's response to the notice of rejection.
(B) Submission of a FAX to the Grants Program Manager detailing the
Applicant's response to the notice of rejection.
(C) Contacting the Grants Program Manager to schedule a telephone
conference to present the Applicant's response to the notice of rejection.
(D) Contacting the Grants Program Manager to schedule a meeting at
the Division Headquarters to present the Applicant's response to the no-
tice of rejection.
(3) If the Applicant does not receive a response from the Division by
5:00 p.m. on the fifth business day after the Applicant presents its re-
sponse to the notice of rejection, the appeal shall be deemed denied.
(h) Applications shall meet all of the requirements contained in the
Grants Program Manual, including fully completed Application Forms.
All Application Forms are in the Appendix. In addition to the Forms, the
Applications shall contain the following information for each Project:
(1) Applications must clearly describe each Project, including a dem-
onstration of how each proposed Project is directly related to sustaining
OHV Recreation in the Project Area specified in the Application.
(2) Documentation of the public review process.
(3) All city, county. Appropriate District, Educational Institution, and
Nonprofit organization Grant Applications and any Federally Recog-
nized Native American Tribe Cooperative Agreement Applications shall
include a completed Governing Body Resolution certified by the clerk
of the governing body.
(4) Photo(s) when needed, as described in the Grants Program Manual,
Chapter 1 .
(5) A map or maps as described in the Grants Program Manual, Chap-
ter 1.
(6) The environmental requirements contained in Section 4970.63.
(7)Ifapplicable, Applications shall include identification of the match
to be applied to the Project in accordance with Section 4970.66.
(8) Project Applications that include a request for Funds to conduct
Scientific Research related to the Project must provide:
(A) The research Project design that includes a description of the
goals, objectives, and methodologies and how the research will be used
to make management decisions sustaining long-term OHV Recreation.
(B) The curriculum vitae of the primary researcher(s).
(C) Documentation of peer review of the research plan. The peer re-
view shall be conducted by at least three (3) qualified experts from the
scientific disciphne or related fields. The peer reviewers shall not be from
the Applicant agency nor involved in implementing the research Project
itself.
(D) Other information required to be included as specified in Article
2 under the Application content requirements for the specific Project
type.
(9) Project-specific information required for submittal under Article
2.
(10) See Chapter 1 of the Grants Program Manual for lists of eligible
and ineligible costs and Project-specific eligible costs.
Page 470.12
Register 2007, No. 29; 7-20-2007
Title 14
Department of Parks and Recreation
§ 4970.57
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.35, 5090.50. 5090.51 and 5090.53, Public Re-
sources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-3 1-2006 as an emergency; operative 7-3 1-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
section and Note, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register
2007, No. 19).
5. Change without regulatory effect amending subsection (f)(4)(A) filed
7-10-2007 pursuant to section 100, title 1, California Code of Regulations
(Register 2007, No. 28).
Article 2. Types of Projects and Specific
Application and Content Requirements
§ 4970.54. Acquisition Projects.
(a) Acquisition Projects secure interests in land to: expand and/or sus-
tain OHV Recreation access and Opportunities; provide Buffers; and/or
eliminate trespass.
(b) Cities, counties, Appropriate Distiicts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for Ac-
quisition Projects. Educational Institutions and Nonprofit organizations
are not eligible to apply for Acquisition Projects.
(c) Applications for Acquisition Projects shall include all the informa-
tion required under Section 4970.53(h) plus the following:
(1) An acquisition plan, which shows the steps and timelines for ac-
quiring the Project and a discussion of the Applicant's ability to accom-
plish the Project.
(2) Due Diligence to determine if the property is usable for its intended
purpose.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New article 2 (sections 4970.54-4970.64) and section filed 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
2. New article 2 (sections 4970.54-4970.64) and section refiled 7-31-2006 as an
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New article 2 (sections 4970.54-4970.64) and section refiled 1 1-27-2006 as an
emergency; operative 1 1-27-2006 (Register 2006, No. 48). A Certificate of
Compliance must be transmitted to OAL by 3-27-2007 or emergency language
will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
section and Note and restructuring of article 2 to include sections
4970.54-4970.62, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Regis-
ter 2007, No. 19).
§ 4970.55. Conservation Projects.
(a) Conservation Projects are implemented in connection with ongo-
ing OHV Recreation and OHV Opportunities to protect natural and Cul-
tural Resources and develop and/or implement soil Conservation stan-
dards and WHPP/HMPs as required by the Act, including: Monitoring
or researching those practices, activities, or Projects to provide data for
management decisions; or Rerouting of Roads to comply with soil stan-
dards and wildlife habitat protection programs or to protect Cultural Re-
sources.
(b) Cities, counties, Appropriate Districts, Federal Agencies, Federal-
ly Recognized Native American Tribes, Educational Institutions, and
Nonprofit organizations are eligible to apply for Conservation Projects.
(c) Apphcations for Conservation Projects shall include all the in-
formation required under Section 4970.53(h) plus when applicable, Non-
profit organization and Educational Institution Applicants shall have a
written agreement with the property manager, land management agency
or landowner to perform the Project.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Secfions 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operafion of law on the
following day.
3. New section refiled 11 -27-2006 as an emergency; operative 1 1 -27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
5. Change without regulatory effect amending subsection (c) filed 7-10-2007 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2007, No.
28).
§ 4970.56, Development Projects.
(a) Development Projects sustain OHV Opportunity and provide OHV
Recreation, experiences, or related visitor services in the form of new,
improved, or upgraded Facilities, Roads, trails, or areas, including the re-
location of an existing Road or trail that is not a required Reroute within
a Conservation or Trail Maintenance Project.
(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for De-
velopment Projects. Educational Institutions and Nonprofit organiza-
tions are not eligible to apply for Development Projects.
(c) Apphcations for Development Projects shall include all the in-
formation required under Section 4970.53(h) plus the following:
(1) Conceptual drawings and site plans for the Development Project.
(2) Land tenure certification to the Division as indicated in the Grants
Program Manual, Chapter 1, Application Instructions.
(d) Grantees are required to meet all access requirements under State
or Federal law as applicable, including, without limitation, the Ameri-
cans with Disabilities Act of 1990 (Public Law 101-336, July 26, 1990,
104 Stat 327).
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code; and Public Law
101-336, July 26, 1990, 104 Stat. 327.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled J 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including amendment of
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
§ 4970.57. Facilities Operation and l\/laintenance (FO&M)
Projects.
(a) Facihties Operation and Maintenance (FO&M) Projects are for
routine work to maintain existing facilities, other than Roads, trails, or
areas, and provide visitor assistance, and health and safety measures at-
tributable or related to OHV Recreation being provided by the Applicant.
(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for
Page 470.13
Register 2007, No. 28; 7- 13-2007
§ 4970.58
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
FO&M Projects. Educational Institutions and Nonprofit organizations
are not eligible to apply for FO&M Projects.
(c) Applications for FO&M Projects shall include all the information
required under Section 4970.53(h).
NOTE: Authority cited: Sections 5001 .5, and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted lo OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis-
ter 2006, No. 31 ). A Certificate of Compliance nuist be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including repealer of former
section 4970.57 and renumbering and amendment of former secfion 4970.58 to
new section 4970.57, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Reg-
ister 2007, No. 19).
§ 4970.58. Law Enforcement Projects.
(a) Law Enforcement Projects provide financial assistance to local and
Federal Agencies for protection of life and property, including natural
and Cultural Resources, enforcement of laws, public safety, search and
rescue, personnel support, placement of barriers and other means of traf-
fic control, and training related to OHV Recreation and OHV Opportuni-
ties.
(b) Cities, counties. Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for Law
Enforcement Projects. Educational Institutions and Nonprofit organiza-
tions are not eligible to apply for Law Enforcement Projects.
(c) Applications for Law Enforcement Projects shall include all the in-
formation required under Section 4970.53(h).
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-3 1-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 3 1). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operafion of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.58 to section 4970.57 and renumbering and amendment of
former secfion 4970.59 to new secfion 4970.58 and amendment of Note, trans-
mitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.59. Off-Highway Vehicle (OHV) Safety and/or
Education Program Projects.
(a) OHV Safety and/or Education Program Projects provide the fol-
lowing to members of the public:
(1) OHV safety activities, and/or
(2) Teaching safe and environmentally responsible operation of
OHVs.
(b) Cities, counties. Appropriate Districts, Federal Agencies, Federal-
ly Recognized Native American Tribes, Educational Institutions, and
Nonprofit organizations are eligible to apply for OHV Safety and/or
Education Program Projects.
(c) Applications for OHV Safety and/or Education Program Projects
shall include all the information required under Section 4970.53(h).
NOTE; Authority cited: Sections 5001.5 and 5003, Pubhc Resources Code. Refer-
ence: Secfions 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operafion of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.59 to section 4970.58 and renumbering and amendment of
former secfion 4970.60 to new section 4970.59, transmitted to OAL 3-26-2007
and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.60. Planning Projects.
(a) Planning Projects fund activities that produce a report or reports
that work out in advance and, in general, detail how an OHV Opportunity
or Project Area is to be organized, developed, operated, conserved, and/
or maintained, to meet demand and sustain long-term OHV Recreational
use. Planning Projects may also provide programmatic management
coordination.
(b) Project specific planning efforts such as engineering, landscape de-
sign, environmental analysis, permitting, and similar actions for specific
Projects, such as Conservation, Development, or Restoration, must be
submitted as a component of the specific Project type.
(c) Cities, counties. Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for Plan-
ning Projects. Educational Institutions and Nonprofit organizations are
not eligible to apply for Planning Projects.
(d) Applications for Planning Projects shall include all the information
required under Section 4970.53(h).
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Secfions 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources
Code.
History
1. New section filed 4-3-2006 as an emergency; operafive 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operafion of law on the
following day.
2. New secfion refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operafion of law on the
following day.
3. New secfion refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operafion of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.60 to section 4970.59 and renumbering and amendment of
former section 4970.61 to new section 4970.60, transmitted to OAL 3-26-2007
and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.61 . Restoration Projects.
(a) Restoration Projects provide funding to complete all work activi-
ties that are necessary to return land, plant communities, and plant covers
to conditions comparable to those of surrounding lands or at least those
that existed prior to OHV Recreation, when the Road, trail, or area has
been closed to OHV Recreation and the Applicant has adopted a decision
to restore the lands when the Applicant has determined that:
(1) Best available Maintenance and Conservation practices are not
sufficient to meet established soil standards and/or wildlife habitat
protection program requirements.
(2) An area has been damaged by OHV Recreation where such OHV
Recreafion is not lawfully allowed on such area, or
(3) The Road, trail, or area that previously provided OHV Opportunity
is closed as part of a plan adopted by the Applicant due to natural or cul-
tural or other similar resource protection considerations.
(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for Res-
torauon and/or repair Projects. Educational Institutions and Nonprofit
organizations are not eligible to apply for Restorafion Projects.
Page 470.14
Register 2007, No. 28; 7-13-2007
Title 14
Department of Parks and Recreation
§ 4970.63
(c) Applications for Restoration Projects shall include all the informa-
tion required under Section 4970.53(h) plus the following:
( 1 ) An explanation of what law enforcement efforts and follow up acti-
vities will be performed to ensure successful completion of the Restora-
tion Project.
(2) Official documentation of:
(A) The Road, trail or area closure for one of the three reasons stated
herein above, and
(B) The official decision to restore the lands or to proceed with the
Restoration Project subject only to completion of environmental review
required by either CEQA or NEPA.
NOTE: Authorily cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operafion of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
] 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New secfion refiled 1 1-27-2006 as an emergency; operative 11-27-2006 (Reg-
ister 2006. No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including renumbering of
former section 4970.61 to section 4970.60 and renumbering and amendment of
former secfion 4970.62 to new section 4970.61 , transmitted to OAL 3-26-2007
and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.62. Trail Maintenance Projects.
(a) Trail Maintenance Projects consist of two types: Trail Maintenance
and/or trail Reroute where the Reroute is necessary due to safety issues
and/or damage caused by natural disaster.
(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed-
erally Recognized Native American Tribes are eligible to apply for Trail
Maintenance Projects. Educational Institutions and Nonprofit organiza-
tions are not eligible to apply for Trail Maintenance Projects.
(c) Applications for Trail Maintenance Projects shall include all the in-
formation required under Section 4970.53(h) plus a Trail Maintenance
Plan.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operafion of law on the
following day.
2. New secfion refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1 -28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.62 to section 4970.61 and renumbering and amendment of
former secfion 4970.64 to new secfion 4970.62, transmitted to OAL 3-26-2007
and filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsecfion (c) filed 7-1 0-2007 pur-
suant to secfion 100, title 1, California Code of Regulafions (Register 2007, No.
28).
Article 3.
Environmental and Match
Requirements
§ 4970.63. California Environmental Quality Act (CEQA)
Requirements.
(a) The Division is required to comply with CEQA (PRC Section
21000 et seq.) in order to approve all Grants and Cooperative Agree-
ments under the OHM VR Grants and Cooperative Agreements Program.
(b) Where the Regulations and the Grants Program Manual require
Funds for Project-specific environmental analysis (CEQA or NEPA
compliance) to be requested as part of a Project to complete all Deliver-
ables, such as: Acquisition, Conservation, Development, Planning, or
Restorafion, the Project approval and implementation process will con-
sist of two (2) steps as follows:
(1) Full funding of the Project Agreement will be specifically condi-
tioned on completion of CEQA or NEPA activities during the first phase
of the Project to complete the Environinental Documentation authorized
in the Project Agreement.
(2) When the CEQA or NEPA activities have been completed and the
Grantee agency has made the decision to proceed with implementation
of the Project, as condiUoned by the outcome of the CEQA and/or NEPA
document, the Project Agreement will be submitted to the Commission
for approval to release the Funds available for completion of the Project.
(c) FOR CITY, COUNTY, APPROPRIATE DISTRICT, EDUCA-
TIONAL INSTITUTION, AND NONPROFIT ORGANIZATION AP-
PLICANTS ONLY:
(1) All city, county, Appropriate District, Educational Institution and
Nonprofit organization Applicants shall provide the required docuinen-
tation for the Division to determine that CEQA compliance has been met.
All such Applicants relying on a Categorical Exemption for CEQA com-
pliance shall also provide responses to questions required in the Environ-
mental Review Data Sheet (ERDS) found in the Grants Program Manual
Appendix. CEQA compliance shall be determined by one of the follow-
ing:
(A) A Notice of Exemption (NOE) finding that the Project is exempt
from CEQA that has been filed for the Project consistent with CEQA
Guidelines Section 15062, or
(B) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/
Mitigated Negative Declaration (IS/MND) for activities that are not cate-
gorically exempt, but fit within the definition of activities that may be
covered by a ND under CEQA, together with a copy of the Notice of De-
termination (NOD) filed for the Project, or
(C) An Environmental Impact Report (EIR) if the proposed activity
poses a potentially significant impact as defined in an IS/ND checklist,
or meets any of the tests for mandatory findings of significance under
CEQA (PRC Section 21083; CEQA Guidelines Section 15065), or
(D) Other documentation indicating the requirements of CEQA have
been satisfied in the discretion of the Applicant or the reasons the Appli-
cant believes the Project is categorically exempt or not subject to the
CEQA requirements.
(2) Within forty-five (45) calendar days of receipt of the Applications,
the Division shall review the Application for environmental compliance.
(A) Any Application not addressing 4970.63(c)(1) shall be returned to
the Applicant without further processing.
(B) If 4970.63(c)(1) is addressed and the Division needs to clarify in-
formation provided, the Division shall submit in writing a request for
such information from the Applicant within the forty-five (45) day re-
view period. The Division shall request the Applicant provide the addi-
fional information in writing to the Division within ten (10) calendar days
of receipt of the request.
(C) Apphcants that do not return the requested additional information
within the ten (10) calendar day limit may have their Applications re-
turned without further processing.
(3) Notwithstanding 4970.63(b)(1), where the Applicant is not a lead
agency and CEQA compliance has not otherwise been met, the Applicant
shall provide responses to questions required in the Environmental Re-
view Data Sheet (ERDS) found in the Appendix, and shall also provide
adequate information to the Division to make a sufficient Project review
to determine the appropriate level of CEQA compliance and any addi-
fional Environmental Documentation required.
(A) Within forty-five (45) calendar days of determining the Applica-
tion has complied with the Grants Program Manual, Chapter 1 , Applica-
tion Instructions, the Division will determine what additional documen-
tation or information is required for the Division to complete the
Page 470.15
Register 2007, No. 28; 7-13-2007
§ 4970.64
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
requirements for CEQA, with an assessment of the amount of further
CEQA analysis and compliance that may be required. The Division can-
not promise to complete the added CEQA work needed if the time and
resources required exceed the time and resources available to complete
the Application selection process. If the Division determines that it can-
not complete the necessary additional CEQA work, it reserves the right
to inform the Applicant in writing and return the Application and sup-
porting materials.
(B) If the Division determines that additional information is required
for the Application to comply with CEQA and that such work may be
completed with existing resources and within the timeframe for the Ap-
plication process, it will request such additional documentation from the
Applicant be returned within ten (10) calendar days of the written re-
quest.
(1) Applicants who do not return the requested additional information
within the ten- (10) day time limit will have their Applications returned
without further processing.
(2) For those Applications that are accepted for further CEQA com-
pliance, the Division will use its best efforts to causethe CEQA com-
pliance work to be completed in sufficient time for final Commission re-
view of the Applications and approval to issue Project Agreements.
However, the Division cannot guarantee the Project will be certified as
CEQA compliant. Also, the Division reserves the right to cease CEQA
compliance work if it determines the Project may not be funded in light
of the Project evaluation and scoring process and submission of the Proj-
ect to the Commission for review and approval.
(d) FOR FEDERAL AGENCIES OR FEDERALLY RECOGNIZED
NATIVE AMERICAN TRIBE APPLICANTS ONLY
(1) All Federal Agency and Federally Recognized Native American
Tribe Applicants shall submit completed Project-related NEPA com-
pliance documentation with their Applications together with the re-
sponses to questions required by Grants Program Manual, Chapter 1,
Section 1.4 to allow the Division to make a sufficient Project review to
determine the appropriate level of CEQA compliance and any additional
Environmental Documentation required.
(2) Within forty-five (45) calendar days of determining an Applica-
tion has complied with the Grants Program Manual, Chapter 1, Applica-
tion Instructions, the Division will determine what additional documen-
tation or information is required for the Division to complete the
requirements for CEQA, with an assessment of the amount of further
CEQA analysis and compliance that may be required. The Division can-
not promise to complete the added CEQA work needed if the time and
resources required exceed the time and resources available to complete
the Application selection process. If the Division determines that it can-
not complete the necessary additional CEQA work, it reserves the right
to inform the Applicant in writing and return the Application and sup-
porting materials.
(A) If the Division determines that additional information is required
for the Applications to comply with CEQA and such work may be com-
pleted with existing resources and within the timeframe for the Applica-
tion process, it will request such additional documentation from the Ap-
plicant be returned within ten (10) calendar days of the written request.
(B) Applicants who do not return the requested additional information
within the ten- (10) day time limit may have their Applications returned
without further processing.
(C) For those Applications that are accepted for further CEQA com-
pliance, the Division will use its best efforts to cause the CEQA com-
pliance work to be completed in sufficient time for final Commission re-
view and approval of the Applications for the Project(s). However, the
Division cannot guarantee the Project will be certified as CEQA com-
pliant. Also, the Division reserves the right to cease CEQA compliance
work if it determines the Project may not be funded in light of the Project
evaluation and scoring process and submission of the Project to the Com-
mission for review and approval.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50(g), 15000 et seq., and 21000 et seq., Public
Resources Code; USC Title 42, Section 4371; and 40 CFR part L500.], et seq.
History
1 . New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1 -27-2006 as an emergency; operative 11 -27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transniitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation of ar-
ticle 3 heading from secfion 4970.65 to section 4970.63, repealer of former sec-
tion 4970.63 and renumbering and amendment of former section 4970.65 to
new section 4970.63, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Reg-
ister 2007, No. 19).
5. Change without regulatory effect amending subsections (c)(1), (c)(2)(A)-(B)
and (c)(3) filed 7-10-2007 pursuant to section 100, ntle 1, California Code of
Regulations (Register 2007, No. 28).
§ 4970.64. Wildlife Habitat Protection Program (WHPP) /
Habitat Management Program (HMP).
(a) A Wildlife Habitat Protection Program (WHPP) is an animal and
plant Habitat Management Program (HMP) designed to sustain a Viable
Species Composition for the Project Area, pursuant to PRC Sections
5090.35(b) and 5090.50.
(b) All Federal Agency and Federally Recognized Native American
Tribe Applications for Funds, with the exception of law enforcement
shall submit a WHPP/HMP designed to sustain a Viable Species Com-
position for the Project Area.
(c) All city, county, and Appropriate District Applicants for Acquisi-
tion and Development Projects shall develop and submit with their Ap-
pUcation, pursuant to PRC Section 5090.53, a WHPP/HMP designed to
sustain a Viable Species Composition for the Project Area.
(d) When WHPP/HMP implementation is required, the WHPP/HMP
must be implemented regardless of whether the Grantee received Funds
specifically for WHPP/HMP implementation.
(e) A WHPP/HMP shall follow the Grants Program Manual, Chapter
1, Application Instructions, and the Appendix, and include the following
components as applicable:
(1) Species or habitats of concern related to OHV Recreation.
(2) Risk factors associated with OHV Recreation.
(3) Management objectives and actions, including success criteria.
(4) Monitoring.
(5) Management review and response.
(f) Witliin forty-five (45) calendar days of the Grant Application sub-
mittal date, the Division shall review all Applications to ensure that all
required components of the WHPP/HMP are addressed.
(1) Any Application required to include a WHPP/HMP pursuant to
4970.64(b) or (c) and not addressing all required WHPP/HMP compo-
nents as described in Grants Program Manual, Chapter 1, Section 1.5
shall be returned to the Applicant without further processing.
(2) If all required WHPP/HMP components are addressed but the Di-
vision needs to clarify information provided and has determined that
such clarification may be completed within the timeframe for the Ap-
plication process, it shall request such additional documentation from the
Applicant be returned within ten (10) calendar days of the written re-
quest.
(3) Applicants who do not return the requested additional information
within the ten- (10) day time limit shall have their Applications returned
without further processing.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
Page 470.16
Register 2007, No. 28; 7-13-2007
Title 14
Department of Parks and Recreation
§ 4970.67
HrSTORY
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.64 to section 4970.62 and renumbering and amendment of
former section 4970.66 to section 4970.64, transmitted to OAL 3-26-2007 and
filed 5-7-2007 (Register 2007, No. 19).
5. Change without regulatory effect amending subsecfion (f)(1) filed 7-10-2007
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2007.
No. 28).
§ 4970.65. Soil Conservation Program.
(a) All Federal Agency and Federally Recognized Native American
Tribe Applications, with the exception of Applications solely for law en-
forcement, pursuant to PRC Section 5090.50(i), shall submit documenta-
tion showing that the Project meets the Soil Conservation Standards re-
quired by PRC Section 5090.53(b).
(b) All city, county, and Appropriate District Applications for Ac-
quisition and Development Projects shall submit evidence showing that
the Project meets the Soil Conservation Standards required by PRC Sec-
tion 5090.53(b).
(c) The Soil Conservation Program shall comply with PRC 5090.35,
5090.50, and 5090.53, the Grants Program Manual, Chapter 1, the Ap-
pendix, and the Soil Conservation Guidelines/Standards for Off-High-
way Vehicle Recreation Management (1 1/14/91) until replaced by any
subsequent Soil Conservation Standards. The Soil Conservation Pro-
gram shall include the following components as applicable:
(1) Maintenance
(2) Soils Condition Assessment
(3) Monitoring
(4) Actions Taken
(5) Technical Assessment for New Trail Construction
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
History
1 . New article 3 (sections 4970.65-4970.68) and secdon filed 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
2. New article 3 (sections 4970.65-4970.68) and section refiled 7-31-2006 as an
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New article 3 (sections 4970.65-4970.68) and section refiled 1 1-27-2006 as an
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of
Compliance must be transmitted to OAL by 3-27-2007 or emergency language
will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including relocation of ar-
ticle 3 heading from section 4970.65 to section 4970.63, renumbering of former
section 4970.65 to new section 4970.63 and renumbering and amendment of
former section 4970.67 to secdon 4970.65, transmitted to OAL 3-26-2007 and
filed 5-7-2007 (Register 2007, No. 19).
§ 4970.66. IVIatch Requirements.
(a) Except as provided in 4970.66(c), cities, counties, and Appropriate
Districts, Nonprofit organizadons, and Educational Institutions shall
provide matching funds or the equivalent value of services, material, or
property used, in an amount of not less than twenty-five (25) percent of
the total expense of the offhighway motor vehicle Facility to be funded
by the Grant.
(b) All Federal Agencies and Federally Recognized Native American
Tribes are exempt from the matching funds requirement in accordance
with PRC Secdon 5090.51(a).
(c) There shall be no matching fund requirement for Applications that
request Funds for Acquisidon, Development, Construction, or Planning
of a Regional OHV Facility as defined in Secdon 4970.50(uu).
(d) Cities, coundes, and Appropriate Districts must provide a match
as follows:
(1) For Acquisition Projects, in non-regional facilities only.
(2) For Conservadon Projects, in all facilides with the exception of
Construction acdvities in regional facilides.
(3) For Development Projects, in non-regional facilides only.
(4) For FO&M Projects, in all facilides with the exception of
Construcdon activities in regional facilides.
(5) For Law Enforcement Projects, in all facilities.
(6) For OHV Safety and/or Education Program Projects, in all facili-
des.
(7) For Planning Projects, in non-regional facilides only.
(8) For Restoradon Projects, in all facilities with the exception of
Construction acdvities in regional facilides.
(9) For Trail Maintenance Projects in all facilities with the exception
of Construcdon acdvides in regional facilides.
(e) Nonprofit organizadons and Educadonal Institudons must provide
a match as follows:
(1) For Conservadon Projects, in all facilities with the excepdon of
Construction activities in regional facilides.
(2) For OHV Safety and/or Education Program Projects, in all facili-
des.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Secdon 5090.51, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 3 1 ). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.66 to section 4970.64 and renumbering and amendment of
former section 4970.68 to new section 4970.66, transmitted to OAL 3-26-2007
and filed 5-7-2007 (Register 2007, No. 19).
Article 4. Application Evaluation and
Approval of Project Agreements
§ 4970.67. Application Evaluation System.
Applicadons that meet the submission requirements will be evaluated,
scored, and awarded on a compeddve basis according to the provisions
of the Grants Program Manual, Chapter 2, Applicadon Evaluadon Sys-
tem and OHV Form K in the Appendix.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.24 and 5090.32, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 11 -27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation and
amendment of article 4 heading from section 4970.69 to section 4970.67, re-
numbering of former section 4970.67 to section 4970.65 and renumbering and
amendment of former secdon 4970.69 to new section 4970.67, transmitted to
OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
Page 470.17
Register 2007, No. 28; 7-13-2007
§ 4970.68
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 4970.68. Commission Approval of Grants and
Cooperative Agreements Program
Applications.
(a) Applications shall be considered once annually as long as OHV
Trust Funds are available.
(b) In accordance with the provisions of the Grants Program Manual,
Chapter 2, the Commission Chair may designate a Grants and Coopera-
tive Agreements Program Subcommittee ("Subcommittee") to hold pub-
lic meetings for preliminary consideration of the Applications that have
been evaluated, scored, and ranked by the Division.
(c) The Commission shall review Applications and approve the is-
suance of Project Agreements by the Division. This review shall be con-
ducted in accordance with these regulations and will include public com-
ment relating to the Applications submitted. The Commission may
accept the findings and conclusions of the Division, any recommenda-
tions of the Subcommittee, if appointed by the Chair, or make revisions
based on these regulations, the information in the Applications as origi-
nally submitted, and any public comment regarding the information sub-
mitted in the original Applications.
(d) The Division shall post the Commission's approved Project hst on
the Division Website.
NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.61, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section lefiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including renumbering of
former section 4970.68 to new section 4970.66 and renumbering former section
4970.70 to new section 4970.68 with amendments to section heading and sec-
tion, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No.
19).
Article 5.
Project Administration
Procedures
§ 4970.69. Project Agreements.
The Division shall prepare and execute Project Agreements to imple-
ment the Projects approved by the Commission.
NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.61, Public Resources Code.
HtSTORY
1 . New article 4 (sections 4970.69-4970.70) and secfion filed 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
2. New article 4 (sections 4970.69-4970.70) and section refiled 7-31-2006 as an
emergency; operative 7-31-2006 (Register 2006, No. 31). A Cenificate of
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New article 4 (sections 4970.69-4970.70) and section refiled 1 1-27-2006 as an
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of
Compliance must be transmitted to OAL by 3-27-2007 or emergency language
will be repealed by operafion of law on the following day.
4. Certificate of Compliance as to 1 1-27-2006 order, including relocation of ar-
ticle 4 heading from section 4970.69 to section 4970.67, relocation and amend-
ment of article 5 heading from section 4970.71 to section 4970.69, renumbering
of former secfion 4970.69 to section 4970.67 and new secfion 4970.69, trans-
mitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.70. Project Administration.
(a) The Division and the Grantees shall comply with the Project ad-
ministration procedures set forth in the Grants Program Manual, Chapter
3.
(b) Grantees shall maintain financial accounts, documents, and re-
cords in accordance with the accounting practices described in Chapter
3, Section 3.6.3 for all Projects and shall make them available to the De-
partment' s Auditor.
NOTE: Authority cited: Sections 500 1.5 and 5003, Public Resources Code. Refer-
ence: Sections 5090.32 and 5090.50, Public Resources Code.
History
1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by
8-1-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis-
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1-28-2006 or emergency language will be repealed by operafion of law on the
following day.
3. New secfion refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg-
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-2007 or emergency language will be repealed by operafion of law on
the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.70 to section 4970.68 and new section 4970.70, transmitted
to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
§4970.71. Performance Reviews.
(a) The Division may conduct Performance Reviews of the Grantee's
Project(s) taking into consideration past and current performance. The
purpose of these Performance Reviews is to identify any areas where the
Division may provide technical advice and consultation to the Grantee
to improve any aspect of a Project. These Performance Reviews may in-
clude, but are not limited to, review of a Project to determine progress to-
ward the completion of Deliverables, review of implementation of
WHPP/HMP and Soil Conservation Programs, or other requirements
contained in Project Agreements. Performance Review may be accom-
plished by, desk reviews, questionnaires, and other standards of inquiry,
and/or site visits.
(b) The Grantee shall permit Division staff, with a minimum of
twenty-one (21) calendar days notice, to conduct a site visit to review the
Grantee's Project(s). The site visit will include review of progress to-
wards the accomplishment of Deliverables, which may become part of
Audit findings, and may include a final inspection of the Project facilities
and other Project Deliverables to determine if the work performed is in
accordance with the Project Agreement.
(1) Grantees shall make their Project Areas, applicable documenta-
tion, and staff who are knowledgeable about or oversee the Project avail-
able to the Division for site visits as described in the Grants Program
Manual, Chapter 3.
(2) When Division staff conducts a site visit, staff shall develop a re-
port containing any comments and recommendations with regard to the
performance of the Grantee's Project. A copy of the report shall be pro-
vided to the Grantee.
(3) Grantees shall respond in writing to the Division within sixty (60)
calendar days to all comments and recommendations provided by Divi-
sion staff as a result of a site visit. The response shall describe all actions
taken or proposed in response to the recommendations in the site visit re-
port.
(c) Failure to cooperate with requests for information or site access
during a Performance Review or Audit made pursuant to these regula-
tions may result in denial of payment requests and/or reimbursement to
the State of amounts advanced.
NOTE; Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Public Resources Code.
History
1. New article 5 (sections 4970.71-4970.72) and secfion filed 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pfiance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
2. New article 5 (sections 4970.71^970.72) and secfion refiled 7-31-2006 as an
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New article 5 (secfions 4970.71-4970.72) and secfion refiled 1 1-27-2006 as an
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of
Page 470.18
Register 2007, No. 28; 7-13-2007
Title 14
Department of Parks and Recreation
§4971
Compliance must be transmitted to OAL by 3-27-2007 or emergency language
will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including relocation and
amendment of article 5 heading from section 4970.71 to section 4970.69, re-
numbering of former section 4970.71 to new section 4970.72 and renumbering
and amendment of former section 4970.72 to new section 4970.71, transmitted
to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
§ 4970.72. Audits.
(a) The Department of Parks and Recreation Audit Office staff or other
Department designee will Audit Projects to assure that the expenditures
incurred by the Grantee were made in accordance with the provisions of
Public Resources Code Section 5090.50 and have been expended in ac-
cordance with the Project Agreement.
(b) The Grantee shall retain all financial accounts, documents, and re-
cords pertinent to the Project for: a) three (3) years from the expiration
date of the Project Agreement or b) until an Audit started during the three
(3) years following the expiration of the Project Agreement has been
completed; a report is published; and any Audit findings are resolved
and/or payment or other correction made with regard to any Audit find-
ings contained in the final Audit report.
(c) Failure to fully complete Projects as agreed in the Project Agree-
ment; and/or to maintain records supporting the expenditures made pur-
suant to the Project Agreement, these regulations, and any other applica-
ble law; and/or failure of such records to support expenditures claimed
and payments received, shall be grounds for an Audit exception requiring
refund of amounts paid.
(d) The Department shall have the right to visit Project Areas to con-
firm the completion of Deliverables and inspect and/or make copies of
any books, records, or reports of the Grantee pertaining to all Projects.
(e) Upon completion of the Department Audit, the Grantee shall be
provided a copy of the final Audit report that shall contain the results of
the Audit including all Audit exceptions and refunds found to be due. If
the Audit results identify exceptions resulting in refunds due to the State,
the Grantee shall have sixty (60) calendar days to refund the overpay-
ment to the State unless the Grantee elects to request review of the Audit
results as set forth in 4970.72(f).
(f) A Grantee may request review of the Audit report. The Grantee
must request the review in writing to the Division within thirty (30) calen-
dar days of receipt of the Audit report. Where a Grantee has requested
such review, the Division will have final authority to determine what if
any amount is due back to the State. The Division will have thirty (30)
calendar days to respond to the request. If the Division does not provide
a response within the thirty (30) days, the Audit report will be deemed
final. The Grantee shall have sixty (60) calendar days from the date Audit
results are deemed final to remit payment. Failure to remit payment with-
in the sixty (60) calendar days may result in the withholding or commen-
surate reduction of future reimbursement payments or advances on other
Grantee Projects or such other remedies to collect the money as may be
available by law.
NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer-
ence: Section 5090.32, Public Resources Code.
History
1. New article 5 (sections 4970.71^970.72) and section filed 4-3-2006 as an
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 8-1-2006 or emergency language will
be repealed by operation of law on the following day.
2. New article 5 (sections 4970.71-4970.72) and section refiled 7-31-2006 as an
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New article 5 (sections 4970.71-4970.72) and section refiled 1 1-27-2006 as an
emergency; operative 1 1-27-2006 (Register 2006, No. 48). A Certificate of
Compliance must be transmitted to OAL by 3-27-2007 or emergency language
will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-27-2006 order, including renumbering of
former section 4970.72 to new section 4970.71 and renumbering and amend-
ment of former section 4970.71 to new section 4970.72, transmitted to OAL
3-26-2007 and filed 5-7-2007 (Register 2007, No. 19).
Chapter 16. Relocation Assistance
Article 1. General Provision
§ 4971 . Department of Parks and Recreation Relocation
Assistance.
The regulations adopted under this chapter implement the require-
ments of Section 7267.8 of the Government Code for all public entities
to adopt rules and regulations to implement payments and to adininister
relocation assistance in accordance with the rules and regulations
adopted by the Department of Housing and Community Development.
With respect to a federally funded project, the Department of Parks and
Recreation shall make relocation assistance payments and provide re-
location advisory assistance as required under federal law. The Depart-
ment of Housing and Community Development Relocation Guidelines
(Title 25, California Code of Regulations, Chapter 6, Subchapter 1, Ar-
ticles 1 through 6, commencing with Section 6000 and concluding with
Section 6198), including any subsequent amendments thereto, are here-
by incorporated by reference as if fully set forth in this chapter. For pur-
poses of this chapter, "public entity" as used in the Department of Hous-
ing and Community Development Guidelines shall mean "Department
of Parks and Recreation".
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section
7267.8, Government Code.
History
1. New chapter 16, article 1 (section 4971) and section filed 2-28-2002 as an
emergency; operative 2-28-2002 (Register 2002, No. 9). A Certificate of Com-
pliance must be transmitted to OAL by 6-28-2002 or emergency language will
be repealed by operation of law on the following day.
2. New chapter 16, article 1 (section 4971) and section refiled 6-27-2002 as an
emergency; operative 6-27-2002 (Register 2002, No. 26). A Certificate of
Compliance must be transmitted to OAL by 10-25-2002 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-27-2002 order transmitted to OAL
10-15-2002 and filed 10-28-2002 (Register 2002, No. 44).
Hj >H 5H
Page 470.19
Itegister 2007, No. 28; 7-13-2007
■^^Bki
Barclays Official
California
Code of
Regulations
•
Title 14. Natural Resources
Division 4. Department of Boating and Waterways
Vol. 19
THOIVISOIM
^^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Department of Boating and Waterways
Table of Contents
•
Division 4. Department of Boating and Waterways
Table of Contents
Page
Page
Chapter 1.
Department of Boating and
Article 1.
Planning Loan Regulations
§ 5000.
Short Title.
§5001.
Loan Conformity.
§ 5002.
Application.
§ 5003.
Terms of Loan.
§ 5004.
Approval.
Article 1.1.
Public Small Craft Harbor
Loan Regulations
§ 5100.
Short Title.
§5101.
Definitions.
§ 5102.
Application.
§ 5103.
Feasibility Review.
§ 5104.
Priority.
§ 5105.
Loan Terms and Conditions.
§ 5106.
Project Development.
§5107.
Default Remedies.
Article 1.2.
Launching Facility Grant
Regulations
§5150.
Short Title.
§5151.
Grant Conformity.
§ 5152.
Application.
§ 5153.
Approval of Grant.
§ 5154.
Construction and Operation
Agreement.
Article 1.3.
Floating Rest Room Grant
Regulations
§ 5160.
Short Title.
§5161.
Grant Conformity.
§ 5162.
Application.
§5163.
Construction and Operation
Agreement.
Article 1.4.
Recreational Marina Loan
Regulations
§5170.
Short Title.
§5171.
Definitions.
§ 5172.
Application.
§5173.
Application Review.
§ 5174.
Priority.
§ 5175.
Loan Terms and Conditions.
§5176.
Default Remedies.
Article 2.
Vessel Waste Disposal 4
§ 5200.
Shoreside Facilities for Removing
Article 3.
•
§ 6500.
§ 6501.
§ 6502.
§ 6503.
§ 6504.
§ 6505.
471
471
473
474
474
Article 4.
Waste from Vessel Holding Tank.
Boating Accident and
Casualty Reporting 474.2
Purpose.
Applicability.
Immediate Notification of Death or
Disappearance.
Peace Officer Reports to
Department.
Boat Accident Reports in Writing.
Content.
Equipment Requirements 474.4
§ 6550. Purpose.
§ 6550.5. Scope of Articles 4 and 5.
§ 6551. Invalidity of Provision or of
Application to Particular Person or
Ciicumstance.
§ 6552. Definitions.
§ 6553. Classes of Motorboats.
§ 6554. Measurement.
§ 6555. Equipment for Sound Signals.
§ 6556. Whistle or Other Sound-Producing
Mechanical Appliance — ^While
Operating on Inland Waters.
§ 6557. Equipment for Sound
Signals — While Operating on the
"High Seas."
§ 6557.1. Technical Details of Sound Signal
Appliances Required for Use on
Vessels Operating on the "High
Seas."
§ 6558. Foghorn.
§ 6559. Foghorn — While Operating on
Inland Waters.
§ 6560. Foghorn — While Operating on the
"High Seas."
§ 6561 , Bell and Other Fog Sound Signal
Devices.
§ 6562. Bell and Other Fog Sound Signal
Devices — While Operating on
Inland Waters.
§ 6563. Bell and Other Sound Signal
Devices — While Operafing on the
"High Seas."
§ 6564. Personal Flotafion Devices.
§ 6565. Personal Flotation Devices for
Boats.
§6565.1. Applicability.
§ 6565.2. Definitions.
§ 6565.3. Applicability.
§ 6565.4. Definitions.
§ 6565.5. Personal Flotation Devices
Required.
§ 6565.6. Exceptions.
§ 6565.7. Stowage.
§ 6565.8. Conditions; Size and Fit; Approval
Marking.
§ 6565.9. Personal Flotafion Device
Equivalents.
§ 6566. Life Preservers and Lifesaving
Equipment — Passengers-for-Hire
Vessels.
§ 6567. Life Preserver and Other Lifesaving
Equipment — Class 3(b) Motorboat.
§ 6568. Life Preserver and Other Lifesaving
Equipment — Barge Carrying
Passengers for Hire.
§ 6568.1. Lifesaving Devices for Boats Other
Than Motorboats.
§ 6569. Fire Exfinguishing Equipment.
§ 6570. Fire Exfinguishing
Equipment — Definifions.
§ 6571. Fire Extinguishing
Equipment — Vaporizing — Liquid
Type.
§ 6572. Fire Extinguishing
Equipment — Markings Required.
Page i
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 6573.
Fire Extinguishing
Equipment — Requirements.
§ 6574.
Backfire Flame Control.
§ 6575.
Ventilation.
§6575.1.
Operator Responsibility.
§ 6575.2.
Applicability.
§ 6575.3.
Definitions.
§ 6575.4.
Incorporation by Reference.
§ 6575.5.
Powered Ventilation System.
§ 6575.6.
Natural Ventilation System.
§ 6575.7.
Standards for Natural Ventilation.
§ 6576.
Liquefied Petroleum Gas.
Article 4.1.
Capacity Plate
§ 6580.
Capacity Plate.
§6581.
Exemptions.
Article 4.5.
Law Enforcement Vessels
§ 6590.
Law Enforcement Vessels.
§6591.
Blue Light for Enforcement Vessels.
§ 6592.
Sound Level Measuring
Instruments.
Article 4.5.1.
Boating Safety and
Enforcement Financial Aid
Program
§ 6593.
Short Title.
§6593.1.
Purpose.
§ 6593.2.
Definitions.
§ 6593.3.
Boating Safety and Enforcement
Activities.
§ 6593.4.
Eligibility.
§ 6593.5.
Application.
§ 6593.6.
Annual Contract.
§ 6593.7.
Financial Eligibility Formula.
§ 6593.8.
Allowable and Non-Allowable
Costs.
§ 6593.9.
Reimbursement Procedures.
§6593.10.
Audits and Appeals.
§6593.11.
Exhibits.
Article 4.6.
Multi-Jurisdictional Vessel
Restrictions 4
483
483
§ 6595. Prohibition of Watercraft Powered
by Certain Spark-Ignition
Two-Stroke Engines.
Article 5. Pilot Rules and Rules of the
Road 484.6
§ 6600.
Purpose.
§6600.1.
Incorporation by Reference.
§6601.
Invalidity of Provision or of
Application to Particular Person or
Circumstance.
§ 6602.
Definitions.
§ 6604.
Maneuvering and Warning Signals.
§ 6605.
Sound Signal — One Short Blast.
§ 6606.
Sound Signal — Two Short Blasts.
§ 6607.
Sound Signal — Three Short Blasts.
§ 6608.
Cross Signals — Forbidden.
§ 6609.
Sound Signals in Restricted
Visibility.
§ 6610,
Sound Signal — Reduced
Visibility — Power Driven Vessel
Underway.
§6611.
Sound Signal — Reduced
Visibility — Power Driven Vessel
Towing.
§6612.
Sound Signal — Reduced
Visibility — Vessel Towed.
§6613.
Sound Signal — Reduced
Visibility — Sail Vessel Underway.
§6614.
Application.
§6615.
Safe Speed.
§6616.
Reduced Visibility — Fog Signal
Forward of Beam.
§6617.
Sound Signals — Reduced
Visibility — Vessel at Anchor.
§6618.
Risk of Collision.
§6618.1.
Action to Avoid Collision.
§6619.
Responsibilities Between Vessels.
§6619.1.
Vessel Traffic Services.
§6619.2.
Conduct of Vessels in Sight of One
Another.
§ 6620.
Sailing Vessels.
§6621.
Steering and Sailing
Rules — Meeting of Power Driven
Vessels and Sailing Vessels.
§ 6622.
Steering and Sailing Rules — Danger
Signal.
§ 6623.
Steering and Sailing Rules — Signals
Only When in Sight.
§ 6624.
NaiTow Channels.
§ 6625.
Action by Give-Way Vessel.
§ 6626.
Steering and Sailing Rules — Vessels
Passing Each Other.
§ 6627.
Head-On Situation.
§ 6628.
Overtaking.
§ 6629.
Crossing Situation.
§6629.1.
Action by Stand-On Vessel.
§ 6630.
Steering and Sailing Rules — Vessels
Nearing Bend or Curve in Channel;
Moving from Docks.
§6630.1.
Conduct of Vessels in Restricted
Visibility.
§6631.
Responsibility.
§ 6632.
Steering and Sailing Rules — Passing
Floating Plant Working in Navigable
Channels — Passing Signals.
§ 6633.
Copy of Rules.
§ 6634.
Day Signals and Day
Marks — Vessels over 65 Feet in
Length Moored or at Anchor.
§ 6635.
Day Signals and Day
Marks — Signals to Be Displayed by
a Towing Vessel When Towing a
Submerged or Partly Submerged
Object upon a Hawser When No
Signals Can Be Displayed upon the
Object Which Is Towed.
§ 6636.
Day Signals and Day
Marks — Power Driven Vessels,
Derrick Boats, Lighters, or Other
Types of Vessels Made Fast
Alongside a Wreck, or Moored over
a Wreck Which Is on the Bottom or
Partly Submerged, or Which May
Be Drifting.
§ 6637.
Day Signals and Day
Marks — Dredges Held in Stationary
Position by Moorings or Spuds.
§ 6638.
Day Signals and Day
Marks — Self-Propelling Suction
Dredges Underway and Engaged in
Dredging Operations.
§ 6639.
Day Signals and Day
Marks — Vessels Moored or
Anchored and Engaged in Laying
Cables or Pipe, Submarine
Construction, Excavation,
Matsinking, Bank Grading, Dike
Construction, Revetment, or Other
Bank Protection Operations.
§ 6640.
Day Signals and Day Marks — Day
Marks for Fishing Vessels with Gear
Out.
§ 6641.
Passing U.S. Coast Guard Vessel
Handling or Servicing Aid to
Navigation.
§ 6642.
Passing Floating Plant — Speed of
Vessels Passing Floating Plant
Working in Channels.
Page ii
(1-12-2007)
Title 14
Department of Boating and Waterways
Table of Contents
Page
Page
§ 6643. Passing Floating Plant — Light-Draft
Vessels Passing Floating Plant.
§ 6644. Passing Floating Plant — Aids to
Navigation Marking Floating-Plant
Moorings.
§ 6645. Passing Floating Plant — Obstruction
of Channel by Floating Plant.
§ 6646. Passing Floating Plant — Clearing of
Channels.
§ 6647. Passing Floating Plant — Protection
of Marks Placed for the Guidance of
Floating Plant.
§ 6648. Lights and Shapes — Application.
§ 6648.1. Running Lights — Vessels — ^When
Operating on "Inland Waters."
§ 6648.2. Running Lights — Vessels — When
Operating on "Inland
Waters" — Visibility of Lights.
§ 6648.3. Positioning and Technical Details of
Lights and Shapes.
§ 6648.4. Additional Signals for Fishing
Vessels Fishing in Close Proximity.
§ 6649. Running Lights — Vessels — When
Operating on "Inland
Waters" — Power-Driven Vessels
Underway.
§ 6649.1. Running Lights — Vessels — When
Operating on "Inland
Waters" — Towing and Pushing.
§ 6649.2. Running Lights— Vessels— When
Operating on "Inland
Waters" — Sailing Vessels Underway
and Vessels Under Oars.
§ 6649.3. Running Lights — Vessels — When
Operating on "Inland
Waters" — Fishing Vessels.
§ 6649.4. Running Lights — Vessels — When
Operating on "Inland
Waters" — Vessels Not Under
Command or Restricted in Their
Ability to Maneuver.
§ 6649.5. Running Lights — Vessels — When
Operating on "Inland Waters."
§ 6649.6. Running Lights — Vessels — When
Operating on "Inland
Waters" — Anchored Vessels and
Vessels Aground.
§ 6649.7. Running Lights — Seaplanes — When
Operating on "Inland Waters."
§ 6649.8. Lights on Barges at Bank or Dock.
§ 6650. Running Lights — Vessels — While
Operating on the "High Seas."
§ 6650.1. Positioning and Technical Details of
Lights Required for Use on Vessels
Operating on the "High Seas."
§6651. Towing Astern — Running
Lights — Power Driven Vessels Less
Than 26 Feet in Length.
§ 6652. Towing Astern — Running
Lights — Power Driven Vessels 26
Feet or Over in Length.
§ 6653. Towing Alongside — Running
Lights — Power Driven Vessels Less
Than 26 Feet in Length.
§ 6654. Towing Alongside — Running
Lights — Power Driven Vessels 26
Feet or Over in Length.
§ 6655. Pushing Ahead — Running
Lights — Power Driven Vessels Less
Than 26 Feet in Length.
§ 6656. Pushing Ahead — Running
Lights — Power Driven Vessels 26
Feet and Over in Length.
§ 6657.
§ 6658.
§ 6659.
§ 6660.
§6661.
§ 6662.
§ 6663.
§ 6664.
§ 6665.
§ 6666.
§ 6667.
§ 6668.
§ 6669.
§ 6670.
§ 6671.
§ 6672.
§ 6673.
§ 6674.
§ 6675.
§6675.1.
§ 6676.
§ 6677.
§ 6678.
§ 6679.
§ 6680.
§ 6681.
§ 6682.
§ 6683.
§ 6684.
§ 6685.
§ 6686.
Lights to Be Displayed by a Towing
Vessel When Towing a Submerged
or Partly Submerged Object upon a
Hawser When No Signals Can Be
Displayed upon the Object Which Is
Towed — Power Driven Vessels.
Sailing Vessel — Running
Lights — Starboard Side.
Sailing Vessel — Running
Lights — Port Side.
Sailing Vessel — Running
Lights — Side Light Screen.
Sailing Vessel — Running
Lights — Stem.
Small Vessel — Running
Lights — Less Than 10 Gross Tons.
Sailing Vessel — Running
Lights — Motorboat Propelled by
Sail Alone.
Vessels Towed — Lights.
Trawling, Dredging or
Fishing — Lights.
Rowing Boats — Running Lights.
Ferryboats — Running Lights.
Lights for Barges, Canal Boats,
Scows, and Other Nondescript
Vessels.
Barges, Canal Boats, Scows, and
Other Nondescript Vessels
Temporarily Operating on Waters
Requiring Different Lights.
Visibility Requirement of Lights on
Floating Plants.
Power Driven Vessels, Derrick
Boats, Lighters, or Other Types of
Vessels Made Fast Alongside a
Wreck, or Moored over a Wreck
Which Is on the Bottom or Partly
Submerged, or Which May Be
Drifting — Lights.
Dredges Held in Stationary Position
by Moorings or Spuds — Lights.
Self-Propelling Suction Dredges
Underway and Engaged in Dredging
Operations — Lights .
Vessels Moored or Anchored and
Engaged in Laying Cable or Pipe,
Submajine Construction,
Excavation, Matsinking, Bank
Grading, Dike Construction,
Revetment, or Other Bank
Protection Operations — ^Lights.
Lights on Dredge Pipelines.
Pipelines Disengaged from
Dredges — Lights.
Floating Plant — Lights.
Rafts and Other Craft — Lights.
Vessels Other Than Raft or
Rowboat — Lights.
Raft— Lights.
Lights of Vessel at Anchor.
Anchor Lights — Vessel Under 1 50
Feet in Length.
Vessel Not More Than 65 Feet in
Length — Special Anchorage
Area — Lights.
Lights for an Overtaken Vessel.
Special Signals to Attract Attention.
White Lights for Power Driven
Vessels Carried on Centerline.
Towing of Barges — Tows of
Seagoing Barges Within Waters of
California.
Page iii
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 6687.
§ 6688.
§ 6689.
§ 6690.
§ 6691 .
§ 6692.
§6692.1
§ 6694.
§ 6695.
§ 6696.
§ 6697.
Article 5.1.
§6698.1.
§ 6698.2.
§ 6698.3.
Page
Towing of Barges — Hawser
Length — General.
Towing of Barges — Hawser
Length — Exceptions.
Towing of Barges — Bunching of
Tows.
Look-Out.
Distress Signals — Recognized.
Visual Distress Signals — Required.
Visual Distress Signals — Prohibited
Use.
Orders to Helmsman.
Searchlights or Other Blinding
Lights.
Unnecessary Use of Sound
Signaling Device.
Prima-Facie Evidence of Negligent
Operation.
Closure of Waterways to
Recreational Boating 490
Definitions.
Director's Authority for Restrictions
or Closures.
Removal of Restrictions or
Closures.
Page
Article 6.
Waterway Marking System 490.1
§ 7000.
Scope.
§ 7001 .
Definition (as used in this article).
§ 7002.
Waterway Markers Used on the
Waters of This State Shall Be As
Follows.
§7002.1.
Special Markers.
§ 7003.
Authority to Place Markers.
§ 7004.
Maintenance of Waterway Markers.
§ 7005.
Display of Waterway Markers.
§ 7006.
Specifications for Waterway
Markers.
§ 7007.
Other Waterway Marking Devices.
§ 7008.
The Divers Flag.
§ 7009.
The Ski Hag.
Article 7.
For Hire Vessel Operator's
License 492
§ 7500.
Definitions.
§7501.
Requirements for Examination.
§7501.1.
Time Periods for Processing
For-Hire Vessel Operator's License.
§ 7502.
Grounds for Refusal to Issue
License.
§ 7503.
Renewal of License.
§ 7504.
Provisions Affecting Use of
License.
§ 7505.
Investigations.
Article 8.
Yacht and Ship Broker
Licenses 494
§ 7601 .
General Definitions.
§ 7602.
Advertising.
§ 7603.
Investigafive Authority.
§ 7604.
Trust Accounts.
§ 7605.
Shared Lisfings.
§ 7606.
Fees.
§7606.1.
Time Periods for Processing Yacht
and Ship Broker, Salesman, and
Associated Licenses.
§ 7607.
Written Examination.
§ 7608.
Broker Qualifications.
§ 7609.
License Reinstatement.
§7610.
License Renewal (Failure to)
Penalties.
§7611.
Temporary Salesman's License.
§7612.
Salesman's License, Transfer of,
§7613.
Corporation and Partnership
Licenses.
§ 7614.
Broker's Bond or Deposit.
§7615.
Coercive and Oppressive Methods.
§7616.
Definite Place of Business.
§7617.
Branch Offices.
§7618.
Idenfification Card.
§ 7619.
Broker-Salesman Relationship
Agreement.
§ 7620.
Retention of Records.
§7621.
Government Office.
§ 7622.
Property Taxes.
§ 7623.
Offers.
Article 9.
Small Boat Towing and
Safety
§ 7700.
Definidons.
§7701.
Applications for Certificate of
Registration of a Small Boat Towing
Service.
§ 7702.
Requirements for Certificate of
Registrafion.
§ 7703.
Partnership Certificate of
Registration.
§ 7704.
Corporation Certificate of
Registration.
§ 7705.
Authorized Operators.
§ 7706.
Grounds for Refusal to Issue
Certificate of Registration.
§ 7707.
Suspension of Certificate of
Registration.
§7707.1.
Refusal to Issue.
§ 7708.
Provisions Affecting Use of
Certificate of Registration.
§ 7709.
Time Periods for Processing.
§ 7710.
Arbitration Fees.
Article 10.
Boating Safety Education
497
Regulations 498
§ 8000. Criteria for Required Boating Safety
Course.
Article 1 1 . Selection Process for
Private Architectural,
Landscape Architectural,
Engineering, Environmental,
Land Surveying and
Construction Project
Management Firms 498
§ 8100.
Purpose.
§ 8100.1.
Definitions.
§ 8100.2.
Contract Types.
§ 8100.3.
Selection Criteria.
§ 8100.4.
Request for Qualifications.
§ 8100.5.
Annual Submission of
Qualificafions.
§ 8100.6.
Selection of Qualified Firms.
§ 8100.7.
Negotiation.
§ 8100.8.
Estimated Value of Services.
§ 8100.9.
Amendments.
§8100.10.
Contracting in Phases,
§8100.11.
Department's Power to Require
Bids.
§8100.12.
Unlawful Considerations.
§ 8100.13.
Prohibited Relafionships.
Restrictions on Employment.
Chapter 2. Regulations for Implementation
of the California Environmental
Quality Act of 1970 500
Chapter 3. Conflict of Interest Code 500
§ 8600. General Provisions.
Appendix 500
Page iv
(1-12^2007)
Title 14
Department of Boating and Waterways
§5101
Division 4. Department of Boating and
Waterways
Chapter 1 .
Department of Boating and
Waterways
Article 1. Planning Loan Regulations
§ 5000. Short Title.
This article shall be known and may be cited as the Boating and Water-
ways Planning Loan Regulations under which the Department of Boating
and Waterways may make planning loans to eligible applicants in accor-
dance with the provisions of section 7 1 .4 of the Harbors and Navigation
Code.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1 . Repealer of Article 1 (Sections 5000 through 5003) and new Article ] (Sections
5000 through 5004) filed 5-1 1-71 ; effective thirtieth day thereafter (Register
71, No. 20). For prior history, see Register 66, No. 43.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 5001 . Loan Conformity.
Any loan made to a county, city, or district for the purpose of planning
for the acquisition, construction, improvement, maintenance or opera-
tion of small craft harbors shall be in conformity with this article.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Haibors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 5002. Application.
No planning loan shall be made unless written application therefor is
filed with the Department of Boating and Waterways. All such applica-
tions shall contain a statement of facts certified as true by the governing
body of the applicant showing that the loan in the amount requested, if
made, will not be in violation of the California Constitution, Article XVI,
Section 18, or of the Harbors and Navigation Code, Section 71.6.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.6 and 85.2, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Editorial correction of NOTE filed lO-l 1-85 (Register 85, No. 41).
§ 5003. Terms of Loan.
Planning loans shall be for a period not to exceed ten years.
NOTE: Authority cited: Secfions 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 5004. Approval.
NOTE: Authority cited: Section 38, Harbors and Navigation Code. Reference:
Section 71.6, Harbors and Navigation Code.
History
1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
Article 1.1. Public Small Craft Harbor Loan
Regulations
§5100. Short Title.
This article shall be known and may be cited as the Boating and Water-
ways Public Small Craft Harbor Loan Regulations under which the De-
partment of Boating and Waterways may make construction loans to eli-
gible applicants for small craft harbor facilities and connecting
waterways in accordance with the provisions of section 71.4 of the Har-
bors and Navigation Code.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Hai'bors and Navigation Code.
History
1 . Repealer of Art. 1.1 (Sections 5100 through 51 19) and new Art. 1.1 (Secfions
5100 through 5106) filed 5-1 1-71 ; effective thirtieth day thereafter (Register
71, No. 20). For prior history, see Registers 69, No. 3 and 71, No. 13.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Editorial correction of Note filed 10-1 1-85 (Register 85, No. 41).
4. Amendment of article heading and secfion filed 7-2-2001; operafive 8-1-2001
(Register2001,No. 27).
§5101. Definitions.
As used in this article:
(a) "Applicant." A city, county, or district which requests or receives
a loan and has the statutory authority to undertake the development of a
small craft harbor, described in Section 71 .4 of the Harbors and Naviga-
tion Code.
(b) "Collateral." Property, both real and personal, whether tangible or
not, pledged as security for repayment of a debt, including but not limited
to any or all of the following: an interest in real property; a mortgage or
security interest (deed of trust) in real estate, including buildings or prop-
erty of the applicant, a deed of trust or lease and leaseback of the project
area; an irrevocable letter of credit in an amount equal to the principal and
estimated accrued interest; a collateral assignment of rents and leases
equal to not less than 125 percent of applicant's total annual debt service
to the department; a security agreement; a Uniform Commercial Code fi-
nancing statement (UCC-1).
(c) "Commission." The Boating and Waterways Commission.
(d) "Contract." A contract to implement the disbursement of loan
funds.
(e) "Default":
(1) The failure of an applicant to make any payment required by the
contract within 30 days of the due date of the payment,
(2) the failure of an applicant to comply with any other requirement of
the contract. Such defaults, for failure to comply with terms of contract
other than payments, may be cured by complying with the requirement
within 1 80 days after receipt of written notice from the department speci-
fying such failure,
(3) the provision of false representations or false warranties by the ap-
plicant in response to any obligations under the contract,
(4) the failure of an applicant to conduct appropriate proceedings in
good faith to contest any levy or proceeding against the collateral or ap-
plicant's interest therein; or
(5) the filing of a petition by an applicant under the provisions of the
Bankruptcy Code, or the failure of an applicant to conduct appropriate
proceedings in good faith to contest a bankruptcy filing by a third party
when such action affects the collateral.
(f) "Department." The Department of Boating and Waterways.
(g) "Loan." A loan for the purpose of acquisition, construction, and/or
improvement, maintenance or operation of small craft harbors, related
facilities, or connecting waterways, pursuant to Harbors and Navigation
Code Section 71.4.
(h) "Project." Any construction, improvement, acquisition, mainte-
nance or operation of small craft harbors, related facilities, or connecting
waterways.
Page 471
Register 2006, No. 46; 11-17-2006
§5102
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(i) "Project Area." A delineated area in which the project is to be lo-
cated.
(i) "Project Costs." Those contract, equipment, labor, material and
construction costs which are incurred by the applicant tor the purpose of
completing the project; however, such project costs shall not include in-
direct or overhead charges incurred by the applicant for its own person-
nel.
(k) "Reserve Fund." A separate and independent fund for the exclusive
purpose of providing extraordinary, non-routine maintenance, repair or
replacement during the loan period.
(/) "Surplus Revenues." Revenues received by an applicant from any
source within a project area less the applicant's expenses for (1) loan re-
payment, and (2) operation and maintenance (including the Reserve
Fund) of the project; tax revenues may be considered as a revenue source.
(m) "Unpaid Balance." Total outstanding debt, including principal, in-
terest and penalties, if applicable.
(n) "Vessel Pumpout Facilities." Vessel sewage pumpout facilities.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 7 1 .4, 85.2 and 87, Harbors and Navigation Code.
History
1. New subsection (g) filed 1-20-78; effective thirtieth day thereafter (Register
78, No. 3).
2. Amendment filed 2- 16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41),
4. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
5. Editorial correction of subsection (a) (Register 2002, No. 7).
6. New subsecnon (n) and amendment of Note filed 11-14-2006; operative
12-14-2006 (Register 2006, No. 46).
§5102. Application.
(a) Preliminary Coordination: Loans will be processed in accordance
with departmental guidelines and criteria. The applicant may seek de-
partmental assistance in formulating the project.
(b) Preliminary Study: The applicant's formal request for a loan will
not be submitted until the department's reconnaissance survey of the pro-
posed project area has determined the initial acceptability of the project
and the applicant has been so notified.
(c) Formal Application: Upon receipt of a favorable preliminary report
from the department, the applicant may make a formal loan application
which shall include:
(1) Feasibility Study: A report containing sufficient information and
detail to demonstrate that the project is both engineeringly and financial-
ly feasible. The report shall include, but not be limited to:
(A) A project plan and map which establishes the project area and loca-
tion.
(B) Preliminary project layout and designs of project features in suffi-
cient detail to develop accurate cost estimates.
(C) A plan for operational and fiscal management of the project
throughout the loan period.
(D) The proposed method and means of retiring the loan, meeting oth-
er financial obligations of the project, and. if the project is to be undertak-
en with funds in addition to the loan applied for, a funding plan indicating
the sources of such additional construction funds.
(E) A report on the effect the project would have on the environment.
The department will provide the applicant with a copy of the latest law
on this subject.
(F) A plan to capitalize a reserve fund in an amount specified by the
department.
(G) Collateral acceptable to the department.
(2) A designation of a representative authorized to act for the applicant
to sign any necessary papers or to otherwise act as the representative of
the applicant.
NotE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).
2. Amendment of subsections (b), (c), (c)(1), (c)(1)(B) and (c)(l )(D)-(E) and new
subsections (c)(l)(F)-(G) filed 7-2-2001 ; operative 8-1-2001 (Register 2001,
No. 27).
§ 5103. Feasibility Review.
The applicant's fonnal application will be judged as to the following
considerations:
(a) Engineering feasibility, including a determination as to whether or
not the project can be developed within the total amount of funds to be
made available.
(b) Financial feasibility, including an analysis of the availability of
capital to finance constaiction to completion, users' willingness and abil-
ity to pay anticipated berthing and other charges used in estimating reve-
nues, and evaluation of the sufficiency of revenues to cover annual cost
on a year-by-year basis, including maintenance of a reserve fund and the
amortization of the applied for loan.
NOTE: Authority cited: Secfions 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of Note filed 10-1 1-85 (Register 85, No. 41).
2. Amendment filed 7-2-2001; operafive 8-1-2001 (Register 2001, No. 27).
§5104. Priority.
When considering applications, the department shall, in addition to
priorities set forth in the Harbors and Navigation Code, rank applications
based upon the following:
(a) First priority shall be given to projects based upon issues of the
health and safety of boaters using the facilities.
(b) Next, priority shall be given to projects currently receiving phased
funding from the department.
(c) Next, priority shall be given based upon availability of matching
funds.
(d) Next, priority shall be given based upon relative demand for facili-
ties in the same market area, as determined by the department. Consider-
ation shall be given to:
( 1 ) Population size of the market area.
(2) Similar facilities in the market area.
(3) Boating activity in the market area.
(e) Next, priority shall be given to small craft harbor improvement
projects that include restroom facilities, vessel pumpout facilities, oil re-
cycling facilities, and receptacles for the purpose of separating, reusing,
or recycling all solid waste materials. The standard to be followed by the
department in ranking loan applications under this subdivision is the cu-
mulative level of service provided by the small craft harbor for the afore-
mentioned facilities.
(f) In the event that a priority between applications cannot be estab-
lished by Subsections (a) through (e), priority shall be given to applicants
with greatest ability to repay the loan.
(1) Evaluation of the applicant's ability to repay shall be based on the
applicant's audited financial statements for the previous three years, if
available.
(2) If financial statements are not available, the applicant will provide
other information acceptable to the department which establishes a finan-
cial abihty to repay the loan.
Note; Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigafion Code.
Reference: Sections 71.4, 85.2 and 87, Harbors and Navigation Code.
History
1 . New section filed 7-2-2001 ; operative 8-1-2001 (Register 2001 , No. 27). For
prior history see Register 85, No. 26.
2. New subsection (e), subsection relettering and amendment of newly designated
subsection (f) filed 11-14-2006; operative 12-14-2006 (Register 2006, No.
46).
§ 5105. Loan Terms and Conditions.
The agreement between the department and the applicant shall include
but not be limited to the following provisions:
(a) A provision to the effect that the loan will be used for the purpose
of developing the project in a continuous and expeditious manner to com-
pletion and that the project when completed will be made available and
open to all on equal and reasonable terms.
Page 472
Register 2006, No. 46; 11-17-2006
Title 14
Department of Boating and Waterways
§5151
(b) A provision specifying that no loan funds for constaiction pur-
poses shall be released to an applicant until final plans and specifications
for the project (or a particular portion thereof to be constructed with such
funds) are approved in writing by the department.
(c) A provision requiring applicant to comply with department ap-
proved construction plans and specifications and change orders thereto.
(d) A repayment plan setting forth the provisions for repayment of
principal and interest until the loan is repaid in full.
(e) A provision permitting inspection of the project by the department
or its agents at any time during construction or after completion, and per-
mitting the inspection and audit of all records of the applicant relating to
the project until the loan is paid in full.
(f) A provision that the applicant will provide fire and extended cover-
age insurance to ninety percent of the value of insurable structures within
the project area with the department named as additional insured.
(g) A provision that the applicant will provide insurance, with the de-
partment named as additional insured, to cover liability arising from de-
sign, planning, construction, maintenance or operation of the project in
the following minimum amounts:
(1) Bodily injury $300,000 each person $1,000,000 each occurrence
(2) Property and product damage $500,000 each occurrence
$1,000,000 each aggregate
(h) A provision allowing applicant to provide self-insurance in the
amounts prescribed in subsection (g), above.
(i) A provision that during the loan repayment period applicant shall
not sell, lease, transfer, exchange, mortgage or hypothecate in any man-
ner all or any portion of the real property or improvements within the
project area without prior written approval of the department.
(j) A provision requiring applicant to establish and capitalize a reserve
fund in an amount and under terms and conditions specified by the de-
partment.
(1) The reserve fund shall be an interest-bearing account.
(2) In order to withdraw funds from the reserve fund, the signature of
the director, or his or her designee shall be required.
(3) All funds remaining in the reserve fund account shall be returned
to the borrower upon full performance of the loan contract. However, un-
less and until all reserve funds, including accumulated interest, are first
committed to improvements at the marina, the borrower may not apply
for additional department funding for any project within the marina for
a period of five years beginning on the last date any reserve funds are re-
turned to the borrower.
(k) A statement that surplus revenues shall be administered as follows:
(1) The applicant shall retain and invest in reasonable liquid assets all
surplus revenues;
(2) Except for the purpose of making capital improvements and at the
discretion of the department, no expenditure of surplus revenues other
than for the advance repayment of the loan will be permitted until the loan
is paid in full;
(3) The applicant shall record all surplus revenues in a separate ac-
count and such account shall reflect all receipts by the applicant of reve-
nues originating within the project area.
(/) A provision that the department, the Department of General Ser-
vices, the Bureau of State Audits, or their designated representative shall
have the right to review and copy any records for possible audit for a
minimum of three years after final payment, unless a longer period of re-
cords retention is stipulated.
(m) A provision that the borrower agrees to allow the auditor(s) access
to such records during normal business hours and to allow interviews of
any employees who might reasonably have information related to such
records.
NOTE; Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code; and General
Services, Standard Agreement Language, as found in GTC 699 (as amended 6/99).
History
1. Amendment filed 1-20-78; effective thirtieth day thereafter (Register 78, No.
3).
2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).
3. Amendment of section heading, section and Note filed 7-2-2001; operative
8-1-2001 (Register 2001, No. 27).
§ 5106. Project Development.
(a) All plans and specifications shall be prepared by persons licensed
by the State of California to undertake the type of design work required
by the project. All design plans, specifications and reports shall be signed
by the licensee. The designer's license number shall appear on the docu-
ments. Plans and specifications for work to be accomplished by force ac-
count shall be in final form to permit immediate undertaking of the proj-
ect.
(b) Property Control. Land and water area to be acquired with the loan
funds shall be acquired promptly after execution of the loan agreement.
No loan funds for strictly construction purposes shall be released until all
land and water areas necessary for the construction of the project have
been acquired as evidenced by a title insurance policy or other evidence
satisfactory to the department. If the loan is based upon a leasehold estate,
applicant's leasehold estate (including renewal options) as specified by
contract and with finite time periods, must extend at least to the end of
the loan period.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).
2. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5107. Default Remedies.
Upon the occurrence of a default, the department:
(a) May exercise all rights and remedies accorded to the department
by law, including, but not hmited to, those rights established in the Har-
bors and Navigation Code;
(b) May declare all unperformed obligations, in whole or in part, of the
applicant immediately due and payable without demand or notice.
(c) May deposit funds obtained from the sale of collateral, less reason-
able cost of recovery or maintenance of property, in the Harbors and Wa-
tercraft Revolving Fund. Any remaining funds shall be provided to the
borrower, in accordance with California law.
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code.
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code.
History
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
Article 1.2.
Launching Facility Grant
Regulations
§5150. Short Title.
This article shall be known and may be cited as the Boating and Water-
ways Launching Facility Grant Regulations under which the Department
of Boating and Waterways may make grants to eligible applicants in ac-
cordance with the provisions of Section 72.5 of the Harbors and Naviga-
tion Code.
NOTE: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code.
Reference: Secfions 72.5 and 85.2, Harbors and Navigation Code.
History
1. Repealer of Article 1.2 (Section 5200) and new Article 1.2 (Sections 5150
through 51 54) filed 5-11-71; effecfive thirtieth day thereafter (Register 71, No.
20). For history of former Article 1.2 (now Article 2), see Register 69, No. 3.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7),
3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41).$ $T
§ 51 51 . Grant Conformity.
Any grant made to a county, city, or district for the purpose of con-
struction and development of small craft launching facilities shall be in
conformity with this article.
Note: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code.
Reference: Sections 72.5 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
Page 473
Register 2006, No. 46; 11-17-2006
§5152
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§5152. Application.
Applications for launching facility grants shall be in accordance with
procedures established by the department, and shall include a feasibility
report, prepared at applicant's expense, containing demonstrations of
site suitability, engineering and financial feasibihty, and economic justi-
fication.
NOTE: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code.
Reference: Sections 72.6 and 85.2. Harbors and Navigation Code.
History
1. Editorial coirection of NOTE filed lO-l 1-85 (Register 85. No. 41).
§ 5153. Approval of Grant.
NOTE; Authority cited: Section 38, Harbors and Navigation Code. Reference:
Sections 72.6 and 82. Hai^bors and Navigation Code.
History
1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 5154. Construction and Operation Agreement.
A construction and operation agreement between the applicant and the
department will be entered into after funds are appropriated, specifying
that applicant will carry insurance as required by the department and that
the completed facility will be operated and maintained for a period of 20
years at no cost to the department. If the applicant fails to construct, main-
tain or operate the facility in accrdance with the terms of the agreement,
he may be required, at the option of the department, to reimburse the de-
partment for the State's share of the costs of development on a prorated
unexpired term basis.
Note: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code.
Reference: Sections 72.5 and 85.2, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
Article 1.3.
Floating Rest Room Grant
Regulations
§5160. Short Title.
This article shall be known and may be cited as the Boating and Water-
ways Floating Rest Room Grant Regulations under which the Depart-
ment of Boating and Waterways may make grants to eligible applicants
in accordance with the provisions of Section 72.7 of the Harbors and
Navigation Code.
NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code.
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
History
1. New Article 1.3 (Sections 5160-5163) filed 1-18-77; effective thirtieth day
thereafter (Register 77, No. 4).
2. Amendment filed 2-1 6-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 51 61 . Grant Conformity.
Any grant made to a county, city, district, or other public agency for
the purpose of construction and development of floating rest room facih-
ties shall be in conformity with this article.
NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code.
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
History
1. Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§5162. Application.
Applications for floating rest room grants shall include:
(a) A demonstration that the body of water on which the rest room
would be located is affected by significant seasonal fluctuation in water
surface elevation and/or a lack of conveniently located and accessible
landside sanitary facilities; and
(b) A finding that due to either or both of the aforesaid conditions, con-
ventional rest rooms cannot meet the needs of boaters and the presence
of floating rest rooms may lessen environmental degradation of the body
of water.
NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code,
Reference: Secfions 72.7 and 85.2, Harbors and Navigadon Code.
History
1 . Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 5163. Construction and Operation Agreement.
A construction and operation agreement between the applicant and the
Department will be entered into after funds are appropriated, specifying
that applicant will carry insurance as required by the Department, and
that the completed rest room will be operated and maintained for a period
of ten years at no cost to the Department. If the applicant fails to con-
struct, maintain or operate the rest room in accordance with the terms of
the agreement, the applicant may be required, at the option of the Depart-
ment, to reiinburse the Department for the State's share of the costs of
development on a prorated unexpired term basis.
NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code.
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code.
History
1 . Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41).
Article 1.4. Recreational Marina Loan
Regulations
§5170. Short Title.
This article shall be known and may be cited as the Boating and Water-
ways Recreational Marina Loan Regulations under which the Depart-
ment of Boating and Waterways may make loans to private marina own-
ers in accordance with the provisions of section 76.3 of the Harbors and
Navigation Code.
NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3 and 85.2, Harbors and Navigation Code.
History
1. New article 1.4 (sections 5170-5176) and section filed 7-2-2001; operative
8-1-2001 (Register 2001, No. 27). For prior history of article 1.4 (sections
5170-5178), see Register 86, No. 35.
§5171. Definitions.
For the purposes of this article, the definitions found in Harbors and
Navigation Code Sections 30 through 40 and 76 through 76.8 shall apply
unless otherwise indicated. The following supplementary definitions
shall also govern the construction of this article:
(a) "Collateral." Property, both real and personal, whether tangible or
intangible, pledged as security for repayment of a debt, including but not
limited to: a mortgage or security interest in real estate, buildings, equip-
ment accounts, contract rights and chattel paper of the borrower or any
third party legally bound as a surety with the knowledge that the surety
is bound.
(b) "Commission." The Boating and Waterways Commission.
(c) "Contract." The Recreational Marina Loan agreement to imple-
ment the disbursement of loan funds.
(d) "Default":
(1) the failure of a borrower to make any payment required by the con-
tract within 30 days of the due date of the payment,
(2) the failure of a borrower to comply with any other requirement of
the contract. Such default may be cured by complying with the require-
ment within 30 days after receipt of written notice from the department
specifying such failure,
(3) the provision of false representations or false warranties by the bor-
rower in response to any obligations under the contract,
(4) the failure of a borrower to conduct appropriate proceedings in
good faith to contest any levy or proceeding against the collateral or bor-
rower's interest therein; or
(5) the filing of a petition by a borrower under the provisions of the
Bankruptcy Code, or the failure of a borrower to conduct appropriate pro-
ceedings in good faith to contest a bankruptcy filing by a third party when
such action affects the collateral.
(e) "Department." The Department of Boating and Waterways.
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Register 2006, No. 46; 11-17-2006
Title 14
Department of Boating and Waterways
§5175
(f) "Loan" A loan made pursuant to Section 76.3 of the Harbors and
Navigation Code.
(g) "Project." The development of boating facilities specified in the
contract.
(h) "Project Area." A delineated area in which the project is to be lo-
cated.
(i) "Project Costs." Those equipment, labor, material and construction
costs that are incurred by the borrower for the purpose of completing the
project; however, such project costs shall not include indirect or over-
head charges incurred by the borrower for its own personnel and shall not
include any expenses incurred prior to the effective date of the contract.
(j) "Reserve Fund." A separate and independent fund for the exclusive
purpose of providing extraordinary, non-routine, maintenance, repairer
replacement during the loan period.
(k) "Unpaid Balance." Total outstanding debt, including principal, in-
terest and penalties, if applicable.
NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3 and 85.2, Harbors and Navigation Code.
History
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§5172. Application.
(a) Loan Application: An application for any loan under Section 76.3
of the Harbors and Navigation Code shall be filed with the department
and shall include a copy of:
(1 ) Federal income tax returns for the business and/or owners and part-
ners, as requested by the department, for the three years immediately pre-
ceding an application for a loan. Federal income tax returns shall not be
released by the department, except with permission of an applicant or
borrower, unless ordered, as specified by court order.
(2) All land and water use permits required such as by federal, state and
local planning agencies needed to develop the project.
(3) An "as is" or current appraisal of any assets to be used as loan
collateral required by the department.
(4) Preliminary construction plans, including a site plan and any nor-
mally required engineering.
(5) Preliminary title report for any property used as loan collateral.
(6) A feasibility study containing sufficient information and detail to
demonstrate that the project is engineeringly and financially feasible.
(7) Evidence of compliance with the CaUfomia Environmental Quali-
ty Act [Division 13 (commencing with Section 21000) of the Public Re-
sources Code].
(8) A list of all costs incurred by the borrower in processing and obtain-
ing loan proceeds.
(9) The proposed method and means of retiring the loan, meeting other
financial obligations of the project, and, if the project is to be undertaken
with funds in addition to the construction loan applied for, a funding plan
indicating the sources of such additional construction funds.
NoTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3, 76.4 and 85.2, Harbors and Navigation Code.
History
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§ 5173. Application Review.
(a) The borrower's formal application will be judged as to the follow-
ing principal considerations:
(1) Engineering feasibility, including a determination as to whether or
not the project can be developed within the total amount of funds to be
made available.
(2) Financial feasibility, including an analysis of the availability of
capital to finance construction to completion, market analysis or market
survey to determine the financial feasibility of the project, anticipated
berthing and other charges used in estimating revenues, and evaluation
of the sufficiency of revenues to cover annual costs on a year-by-year
basis, including the amortization of the applied-for loan.
(b) Upon request of the applicant, the department may issue a letter of
intent, explaining the availability of State funds, the status of the loan ap-
plication and other requirements necessary for the approval of the loan.
NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code.
History
1. New section filed 7-2-2001 ; operative 8-1-2001 (Register 2001, No. 27).
§5174. Priority.
When considering applications, the department shall, in addition to
priorities set forward in Sections 76 through 77. 1 of the Harbors and Nav-
igation Code, rank borrowers based upon the following; however, in no
case shall the department make a loan to any recreational marina that re-
stricts access or bars the pubhc other than in ways that are lawful and con-
sistent with general commercial business practices:
(a) First priority shall be given to projects based upon issues of the
health and safety of boaters using the facilities.
(b) Next, priority will be given for completion of projects that are be-
ing phase-funded.
(c) Next, priority shall be given to projects that are receiving signifi-
cant capital investment funds from borrowers in addition to loan funds.
(d) Next, priority shall be given based upon relative demand for facili-
ties in the market area. Consideration shall be given to:
(1) Population size of the market area.
(2) Similar facilities in the market area.
(3) Boating activity in the market area.
(e) In the event that a priority between applications cannot be estab-
hshed by subsections (a) through (c), priority will be given to borrowers
with the greatest ability to repay the loan. Evaluation of the borrower's
ability to repay shall be based on:
(1) The department's relative security position.
(2) The loan-to-value (LTV) ratio.
(3) The borrower's audited financial statements for the three years im-
mediately preceding the application, if available.
i. Each of these statements shall consist of a balance sheet, an income
statement, and a statement of changes in financial position, all of which
shall have been prepared according to generally accepted accounting
principles.
ii. If the latest complete financial statement is more than six months
old, an interim financial statement not older than sixty days shall be in-
cluded.
(4) Other information acceptable to the department, if financial state-
ments are not available, which establishes a financial ability to repay the
loan, such as:
i. Federal income tax returns, filed with the application, and
ii. Credit reports from credit reporting agencies.
(5) An appraisal report showing the current market value of real and
personal property which is suitable as collateral.
(6) The type and liquidity of the collateral.
(f) In the event that a priority between applications cannot be estab-
lished by subsections (a) through (d), priority will be given to those ap-
plications with the smallest dollar value, in order to allow the maximum
number of projects to be made within the limits of the Recreational Mari-
na Loan Program.
Note: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code.
History
]. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§ 51 75. Loan Terms and Conditions.
Loan Terms and conditions, in addition to those specified in Sections
76 through 77.1 of the Harbors and Navigation Code, shall also include
the following provisions:
(a) The borrower shall establish and capitalize a reserve fund in an
amount and under terms and conditions specified by the department.
(1) The reserve fund shall be an interest-bearing account.
(2) In order to withdraw funds from the reserve fund, the signature of
the director, or his or her designee, shall be required.
(3) All funds remaining in the reserve fund account shall be returned
to the borrower upon full performance of the loan contract. However, un-
less and until all reserve funds, including accumulated interest, are first
Page 474.1
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§5176
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
committed to improvements at the marina, the borrower may not apply
for additional department funding for any project within the marina for
a period of five years beginning on the last date any reserve funds are re-
turned to the borrower.
(b) The loan shall be secured by collateral equal to or greater than 1 10
percent of the loan amount, such as, but not limited to, a mortgage or se-
curity interest in real estate, and buildings or personal property of the bor-
rower. These items may only be subject to encumbrances that the depart-
ment may approve, such as, assignment or pledges of leases, and personal
or corporate guarantees. Only the unencumbered equity portion of the
property accepted as collateral shall be considered as collateral. Personal
guarantees of the principals shall be required, unless reasons satisfactory
to the department are presented that justify not requiring such guarantees.
The value of the collateral shall be subject to reappraisal as requested by
the department from time to time at its discretion, and if, as a result of
such reappraisal, it is determined that the value of the collateral has
dropped below 110 percent of the then-outstanding loan amount, the
borrower shall provide additional collateral as security as required by the
department.
(c) Real estate or stationary machinery or equipment pledged as a sig-
nificant portion of collateral for repayment of a guaranteed loan shall be
located within the State of California. Real estate pledged as collateral
shall not include land that has been used as a sohd waste disposal site.
Any appraisal of property shall be conducted by a licensed appraiser ac-
ceptable to the borrower and the department.
(d) The borrower shall obtain and maintain, throughout the duration
of the loan, fire and extended coverage insurance in an amount equal to
100 percent of the current replacement cost of all improvements which
are part of the collateral, with the department named as additional in-
sured.
(e) The borrower will obtain insurance to cover liability arising from
design, planning, construction, maintenance or operation of the project,
with the department named as additional insured, in the following mini:
mum amounts:
(1) Bodily injury $300,000 each person, $1,000,000 each occurrence.
(2) Property and product damage $500,000 each occurrence,
$1,000,000 each aggregate.
(f) The loan shall become due and payable in full upon transfer of the
marina, unless such transfer is:
(1) By reason of death of the borrower, and the marina is transferred
to the borrower's heirs.
(2) Transfer is to another business entity controlled by the borrower,
provided that the transaction does not result in a material change in con-
trol or ownership of the recreational marina and collateral associated
with the loan.
(g) The loan shall not be subordinated to any future loans obtained by
a private marina owner except in those cases involving loans acquired for
refinancing previous senior loans.
(h) A provision that the department, the Department of General Ser-
vices, the Bureau of State Audits, or their designated representative shall
have the right to review and copy any records for possible audit for a
minimum of three years after final payment, unless a longer period of re-
cords retention is stipulated.
(i) A provision that the borrower agrees to allow the auditor(s) access
to such records during normal business hours and to allow interviews of
any employees who might reasonably have information related to such
records.
NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3, 76.6 and 85.2, Harbors and Navigation Code; and De-
partment of General Services (DCS), Standard Agreement Language, as found in
GTC 699 (and as may be subsequently amended by DCS).
History
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
§ 5176. Default Remedies.
Upon the occurrence of a default, the department:
(a) Has and may exercise all rights and remedies accorded to the de-
partment by law, including but not limited to the provisions and remedies
contained in the CaHfornia Uniform Commercial Code;
(b) May declare all unperformed obligations, in whole or in part, of
borrower immediately due and payable without demand or notice;
(c) May require borrower to take any and all action necessary to trans-
fer the collateral in an amount equal to the unpaid balance of the loan to
the secured party;
(d) May deposit all funds obtained from the sale of collateral, less rea-
sonable costs of recovery or maintenance of property, to the Harbors and
Watercraft Revolving Fund.
Note-. Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code.
Reference: Sections 76.3, 77.1 and 8.'5.2, Harbors and Navigation Code.
History
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).
Article 2. Vessel Waste Disposal
§ 5200. Shoreside Facilities for Removing Waste from
Vessel Holding Tank.
NOTE: Authority cited: Sections 38, 63.9 and 669, Harbors and Naigation Code.
Reference: Section 654.1, Harbors and Navigation Code.
History
1. Repealer of Article 2 ( §§ 5500 through 551 1) and new Article 2 ( § 5200) filed
5-1 1-71 ; effective thirtieth day thereafter (Register 71, No. 20). For history of
former Article 2, see Registers 62, No. 22; 66, No. 43; 69, No. 3.
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
4. Amendment of subsection (a) filed 9-13-80; effecfive thirtieth day thereafter
(Register 80, No. 20).
5. Order of Repeal of Article 2 (Section 5200) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
Article 3.
Boating Accident and Casualty
Reporting
§ 6500. Purpose.
History
1. Amendment filed 5-1 1-71 ; effective thirtieth day thereafter (Register 71, No.
20). For prior history, see Register 66, No. 43.
2. Repealer and new section filed 10-3-73 as an emergency; effective upon filing
(Register 73, No. 40).
3. Certificate of Compliance filed 1 1-30-73 (Register 73, No. 48).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§6501. Applicability.
(a) This article applies to each vessel used on waters subject to the ju-
risdiction of the State of California and on the high seas for vessels whose
last port of call was within the State of California that:
(1) Is used by its operator for recreational purposes; or
(2) Is required to be numbered under Section 9850 of the California
Vehicle Code.
(b) This article does not apply to a vessel required to have a certificate
of inspection under Chapter 1 of Title 46, Code of Federal Regulations.
NOTE: Authority cited; Section 656, Harbors and Navigation Code. Reference:
Section 656, Harbors and Navigation Code.
History
1 . New section filed 10-3-73 as an emergency; effective upon filing (Register 73,
No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Editorial con-ection of NOTE filed 10-11-85 (Register 85, No. 41).
§ 6502. Immediate Notification of Death or Disappearance.
(a) When, as a result of an occurrence that involves a vessel or its
equipment, a person dies or disappears from a vessel, the operator shall,
without delay, by the quickest means available, notify the Department of
Page 474.2
Register 2006, No. 46; 11-17-2006
Title 14
Department of Boating and Waterways
§6505
Boating and Waterways and the nearest enforcement agency having ju-
risdiction over the waterbody of:
(1) The date, time, and exact location of the occurrence;
(2) The name of each person who died or disappeared;
(3) The registration number or name of the vessel as documented, and
(4) The names and addresses of the owner and operator.
(b) When the operator of a vessel cannot give the notice required by
paragraph (a) of this section, each person on board the vessel shall notify
the Department of Boating and Waterways and the enforcement agency
having jurisdiction over the waterbody or determine that the notice has
been given.
NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference:
Section 656, Harbors and Navigation Code.
History
1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73,
No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
4. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6503. Peace Officer Reports to Department.
Pursuant to section 656(d) of the Harbors and Navigation Code, a
peace officer or harbor pohceman, upon receiving an initial report of a
casualty involving the death or disappearance of a person as a result of
a boating occurrence, shall immediately forward such report, by quickest
means available, to the Department of Boating and Waterways in Sacra-
mento.
NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference:
Section 656, Harbors and Navigation Code.
History
1 . New section filed 1 0-3-73 as an emergency; effecfi ve upon filing (Register 73,
No. 40).
2. Certificate of Compliance filed 1 1-30-73 (Register 73, No. 48).
3. Amendment filed 2-1 6-79 as procedural and organizafional; effective upon fil-
ing (Register 79, No. 7).
4. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41).
5. Amendment replacing "656(e)" with "656(d)" filed 4-2-90; operative 5-2-90
(Register 90, No. 17).
§ 6504. Boat Accident Reports in Writing.
(a) The operator(s) or owner(s) of the boat(s) shall, in addition to the
report required by section 6502, submit a written report(s) on forms pro-
vided by the Department of Boating and Waterways, directly to the State
of California, Department of Boating and Waterways, to the address
shown on the forms when, as a result of an occurrence that involves the
vessel or its equipment:
(1) A person dies;
(2) A person is injured and requires medical treatment beyond first aid;
(3) Damage to the vessel and other property damage totals more than
$500, or there is a complete loss of a vessel; or
(4) A person disappears from the vessel under circumstances that indi-
cate death or injury.
(b) A report required by this section must be made within forty-eight
hours of the occurrence if:
(1) A person dies within twenty-four hours of the occurrence;
(2) A person disappears;
(3) A person is injured and receives medical treatment beyond first aid.
(c) A report required by this section must be made within ten days of
the occurrence if an earlier report is not required by this section if:
(1) A person dies more than twenty-four hours after the occurrence;
(2) Damage to the vessel and other property damage totals more than
$500, or there is a complete loss of a vessel.
NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference:
Section 656, Harbors and Navigation Code.
History
1 . New section filed 10-3-73 as an emergency; effective upon fding (Register 73,
No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
4. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No.
20).
5. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
6. Amendment of subsection (a)(2) replacing "$200" with "$500"; subsection (b)
replacing "article" with "section"; subsection (c) replacing "unless" with "if;
and subsection (c)(2) replacing "$200" with "$500" filed 4-2-90; operative
5-2-90 (Register 90, No. 17).
7. Change without regulatory effect amending subsection (a) filed 4-30-2003 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2003, No.
18).
§ 6505. Content.
Each accident report must be in writing, dated upon completion, and
signed by the person who prepared it, and must contain, if available, at
least the following information about the accident:
(a) The registration numbers or names as documented of each vessel
involved.
(b) The name and address of each owner of each vessel involved.
(c) The name of the nearest city or town, the county, the state, and the
body of water.
(d) The time and date the casualty or accident occurred.
(e) The location on the water.
(f) The visibility, weather, and water conditions.
(g) The estimated air and water temperatures.
(h) The name, address, age, or date of birth, telephone number, vessel
operating experience, and boating safety training of the operator making
the report.
(i) The name and address of each operator of each vessel involved.
(j) The number of persons on board and towed on skis by each vessel.
(k) The name, address, and date of birth of each person who died, was
injured or disappeared.
(/) The cause of each death.
(m) Weather forecasts available to, and weather reports used by, the
operator before and during the use of each vessel.
(n) The name and address of each owner of property involved.
(o) The number, availability, and use of personal flotation devices.
(p) The type and size of each fire extinguisher used.
(q) The nature and extent of each injury.
(r) A description of all property damage and vessel damage with an es-
timate of the cost of all repairs.
(s) A description of each equipment failure that caused or contributed
to the cause of the casualty or accident.
(t) A description of the vessel casualty or accident.
(u) The type of vessel operation (cruising, drifting, fishing, hunting,
skiing, racing or other) and the type of accident (capsizing, sinking, fire,
explosion, or other).
(v) The opinion of the person making the report as to the cause of the
accident.
(w) The make, model, type (open, cabin, house, or other), beam width
at widest point, length, depth from transom to keel, horsepower, propul-
sion (outboard, inboard, inboard/outdrive, sail, or other), fuel (gas, die-
sel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or
other), and year built (model year) of the reporting operator's vessel.
(x) The name, address, and telephone number of each witness.
(y) The manufacturer's hull identification number, if any, of reporting
operator's vessel.
(z) The name, address, and telephone number of the person submitting
the report.
NoTE: Authority cited: Section 656, Harbors and Navigation Code. Reference:
Section 656, Harbors and Navigation Code.
History
1 . New section filed 10-3-73 as an emergency; effective upon filing (Register 73,
No. 40).
2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48).
3. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41).
Page 474.3
Register 2006, No. 46; 11-17-2006
§6550
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 4. Equipment Requirements
§ 6550. Purpose.
History
1 . Repealer of Article 4 ( §§ 6550 through 6576) and new Article 4 ( §§ 6550
through 6576) filed 5-1 1-71; effective thirtieth day thereafter (Register 70, No.
20). For prior history, see Registers 63, No. 19; 65, Nos. Band 15;66, No. 43;
67, No. 23.
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349,7; effective thirtieth day thereafter (Register 85. No. 26).
§ 6550.5. Scope of Articles 4 and 5.
(a) The regulations in this article and in Article .'S apply to vessels oper-
ating on the waters of this Slate that are defined in Government Code Sec-
tion ] 70. All vessels complying with the construction and equipment re-
quirements of the International Regulations for Preventing Collisions at
Sea, 1972, are considered to be in compliance with these Rules.
(b) Where federal law, including the United States Coast Guard regu-
lations, provides an exemption to any of the provisions of the federal
equipment or operation requirements which conform to the state require-
ments set forth in Articles 4 and 5 of this chapter, such exemption shall
also apply to the state requirements.
(c) Any peace officer or harbor policeman authorized to enforce the
provisions of Chapter 5 of the Harbors and Navigation Code may inspect
a vessel using California waterways for compHance with safety laws,
rules, and/or regulations where he has probable cause or a reasonable sus-
picion to believe that a violation of such laws, rules, or regulations exists.
(d) Any peace officer authorized to enforce the provisions of Chapter
5 of the Harbors and Navigation Code may order the operator of an un-
safe vessel to remove such vessel to the shore or to a safe moorage or an-
chorage in accordance with the requireinents of this subsection. An offi-
cer may order an unsafe vessel so removed where it is being operated
with one or more of the following hazardous conditions, where such con-
ditions cannot be corrected on the spot, and where, in the judgment of the
officer, continued operation of the vessel would create an immediate dan-
ger to life, limb, or property.
(1) Boat being used without sufficient personal flotation devices, as
prescribed by Section 6565 of this chapter;
(2) Boat being used without sufficient firefighting devices, as pre-
scribed by Section 6569 of this chapter;
(3) Boat does not display required navigation lights between sunset
and sunrise, as prescribed by Section 6600.1 of this Chapter;
(4) Boat has fuel leakage from either the fuel system or engine, or both;
(5) Boat has accumulation of fuel in bilges or compartment other than
a fuel tank;
(6) Boat does not have legal and serviceable ventilation system, as pre-
scribed by Section 6575 of this chapter;
(7) Boat does not have proper backfire flame control system, as pre-
scribed by Section 6574 of this chapter;
(8) Boat is overloaded to such an extent that there exists so little free-
board the danger of sinking or capsizing may be imminent.
Any person operating an unsafe vessel, as specified in this subsection,
shall remove it to the shore or to a safe moorage or anchorage as directed
by the peace officer.
Note: Authority cited: Sections 662 and 655, Harbors and Navigation Code. Ref-
erence: Sections 652, 655, 663, 663.5, and 663.6, Harbors and Navigation Code;
and PL 96-591, Rule l(b)(ii).
History
1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No.
20).
2. Amendment of subsections (a), (d)(8) and (e) filed 1-28-83; effective thirtieth
day thereafter (Register 83, No. 5).
3. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Amendment of subsections (a) and (d)(3) filed 8-28-86; effective thirtieth day
thereafter (Register 86, No. 34).
5. Amendment of subsection (d)(2) filed 1 1-25-87; operafive 12-25-87 (Register
87, No. 49).
§ 6551 . Invalidity of Provision or of Application to
Particular Person or Circumstance.
If any provision of this article, or its application to any person or cir-
cumstance, is held invalid the remainder of this article, and the applica-
tion of its provisions to any other person or circumstance, is not affected.
NOTE: Authority cited: Section 652. Harbors and Navigation Code. Reference:
Sections 650 and 652, Harbors and Navigation Code.
History
1 . Editorial correction of NOTE filed 1 0-1 1-85 (Register 85, No. 41 ).
§ 6552. Definitions.
As used in Articles 4 and 5:
(a) "Approved" means approved by the Commandant of the United
States Coast Guard.
(b) "Barge" means any nonself-propelled vessel.
(c) "Carrying passengers for hire" means the carriage of a person by
a vessel for a valuable consideration, whether directly or indirectly flow-
ing to the owner, charterer, operator, agent, or any other person interested
in the vessel.
(d) "Ferry" includes a vessel having provisions only for deck passen-
gers and/or vehicles, operating on a short run on a frequent schedule be-
tween two points over the most direct water route, and offering a public
service of a type normally attributed to a bridge or tunnel. "Ferry" does
not include a vessel navigating the water of the ocean.
(e) "Fire extinguisher" means a marine-type fire extinguisher, as ap-
proved by the Commandant of the Coast Guard.
(f) "High Seas" means:
(1) Crescent City Harbor. Those waters outside of a line drawn from
Crescent City Entrance Light to the southeastemmost extremity of Whal-
er Island.
(2) Arcata-Humboldt Bay. Those waters outside of a line drawn from
Humboldt Bay Entrance Light 4 to Humboldt Bay Entrance Light 3.
(3) Noyo River. Those waters outside of a line drawn from Noyo River
Entrance Daybeacon 4 to Noyo River Entrance Light 5.
(4) Albion River. Those waters outside of a line drawn on an axis of
030 true through Albion River Light 1 across Albion Cove.
(5) Bodega Bay. Those waters outside of a line drawn from the sea-
ward extremity of Bodega Harbor North Breakwater to Bodega Harbor
Entrance Light 1.
(6) Tomales Bay. Those waters outside of an east-west line drawn
from Sand Point to Avails Beach.
(7) San Francisco Harbor. Those waters outside of a straight line
drawn from Point Bonita Light through Mile Rocks Light to the shore.
(8) Pillar Point Harbor. Those waters outside of a fine drawn from Pil-
lar Point Harbor Light 6 to Pillar Point Harbor Entrance Light.
(9) Santa Cruz Harbor. Those waters outside of a line drawn from the
seaward extremity of the Santa Cruz Harbor East Breakwater to Santa
Cruz Harbor West Breakwater Light; thence to Santa Cruz Light.
(10) Moss Landing Harbor. Those waters outside of a line drawn from
the seaward extremity of the pier located 0.3 mile south of Moss Landing
Harbor entrance to the seaward extremity of the Moss Landing Harbor
North Breakwater.
(11) Monterey Harbor. Those waters outside of a line drawn from
Monterey Harbor Light 6 to the northern extremity of Monterey Munici-
pal Wharf 2.
(12) Estero-Morro Bay. Those waters outside of a line drawn from the
seaward extremity of the Morro Bay East Breakwater to the Morro Bay
West Breakwater Light.
(13) San Luis Obispo Bay. Those waters outside of a line drawn from
the southernmost extremity of Fossil Point to the seaward extremity of
Whaler Island Breakwater.
(14) Santa Barbara Harbor. Those waters outside of a line drawn from
Santa Barbara Harbor Light 4 to Santa Barbara Harbor Breakwater Light.
(15) Ventura Marina. Those waters outside of a Une drawn from Ven-
tura Marina South Jetty Light 6 to Ventura Marina Breakwater South
Light 3; thence to Ventura Marina North Jetty Light 7.
(16) Channel Islands Harbor.
Page 474.4
Register 2006, No. 46; 11-17-2006
Title 14 Department of Boating and Waterways § 6552
(A) Those waters outside of a line drawn from Channel Islands Harbor (17) Port Hueneme. Those waters outside of a line drawn from Port
South Jetty Light 2 to Channel Islands Harbor Breakwater South Light Hueneme East Jetty Light 4 to Port Hueneme West Jetty Light 3.
1. (18) Marina del Rey.
(B) Those waters outside of a line drawn from Channel Islands Harbor
Breakwater North Light to Channel Islands Harbor North Jetty Light 5.
[The next page is 475.]
Page 474.5 Register 2006, No. 46; 11-17-2006
Title 14
Department of Boating and Waterways
§6555
(A) Those waters outside of a line drawn from Marina del Rey Break-
water South Light 1 to Marina del Rey Light 4.
(B) Those waters outside of a line drawn from Marina del Rey Break-
water North Light 2 to Marina del Rey Light 3.
(C) Those waters outside of a line drawn from Marina del Rey Light
4 to the seaward extremity of the Ballona Creek South Jetty.
(19) Redondo Harbor. Those waters outside of a line drawn from Re-
dondo Beach East Jetty Light 2 to Redondo Beach West Jetty Light 3.
(20) San Pedro Bay-Anaheim Bay.
(A) Those waters outside of a line drawn across the seaward extremi-
ties of Anaheim Bay Entrance Jetties; thence to Long Beach Breakwater
East End Light 1 .
(B) Those waters outside of a line drawn from Long Beach Channel
Entrance Light 2 to Long Beach Light.
(C) Those waters outside of a line drawn from Los Angeles Main En-
trance Channel Light 2 to Los Angeles Light.
(21 ) Newport Bay. Those waters outside of a line drawn from Newport
Bay East Jetty Light 4 to Newport Bay West Jetty Light 3.
(22) Santa Catalina Island. Those waters within the harbors of Santa
Catalina Island.
(23) Dana Point Harbor. Those waters outside of a line drawn from
Dana Point Jetty Light 6 to Dana Point Breakwater Light 5.
(24) Oceanside Harbor. Those waters outside of a line drawn from
Oceanside South Jetty Light 4 to Oceanside Breakwater Light 3.
(25) Mission Bay. Those waters outside of a line drawn from Mission
Bay South Jetty Light 2 to Mission Bay North Jetty Light I.
(26) San Diego Harbor. Those waters outside of a line drawn from Zu-
niga Jetty Light "V" to Zuniga Jetty Light "Z"; thence to Point Loma
Light.
(27) Other Entrances. At all buoyed entrances from seaward to bays,
sounds, rivers, or other estuaries for which specific lines are not de-
scribed in this section, the waters outside of a line approximately parallel
with the general trend of the shore, drawn through the outermost buoy or
buoys or other aid to navigation of any system of aids.
(g) "Inland Waters" means any waters within the territorial limits of
California other than those that are defined in Section 6552(f) of these
regulations as the "high seas."
(h) "Machinery" includes an inboard or outboard engine and any other
type of motor or mechanical device capable of propelling a vessel.
(i) "Nonself-propelled vessel" means a vessel without sufficient
means for self-propulsion and is required to be towed.
0) "Operator" means the person who operates or who has charge of the
navigation or use of a vessel.
(k) "Passenger" means every person, other than the master and a mem-
ber of the crew or other persons employed or engaged in any capacity on
board a vessel in the business of that vessel.
(/) "Power driven vessel" means any vessel propelled by machinery.
(m) "Sailing vessel" means any vessel under sail provided that propel-
ling machinery, if fitted, is not being used.
(n) "Ship's lifeboat" means a lifeboat used solely for hfesaving pur-
poses and does not include dinghies, tenders, speedboats, or other types
of craft carried aboard a vessel and used for other than lifesaving pur-
poses.
(0) "Whistle" means any sound signaling appliance capable of produc-
ing the prescribed blasts.
(p) "Boat" means any vessel which is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter' s noncommer-
cial use.
(3) Engaged in the carrying of six or fewer passengers, including those
for-hire vessels carrying more than three passengers while using inland
waters of the state that are not declared navigable by the United States
Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section
9850 of the Vehicle Code.
(q) "Vessel" includes every description of water craft, including non-
displacement craft and seaplanes, used or capable of being used as a
means of transportation on water;
(r) "Seaplane" includes any aircraft designed to maneuver on the wa-
ter,
(s) "Vessel engaged in fishing" means any vessel fishing with nets,
lines, trawls, or other fishing apparatus which restricts maneuverability,
but does not include a vessel fishing with trolling lines or other fishing
apparatus which do not restrict maneuverability;
(t) "Vessel not under command" means a vessel which, through some
exceptional circumstance, is unable to maneuver as required by these
Rules, and is, therefore, unable to keep out of the way of another vessel.
(u) "Vessel restricted in her ability to maneuver" means a vessel
which, from the nature of her work, is restricted in her ability to maneuver
as required by these Rules, and is, therefore, unable to keep out of the way
of another vessel; vessels restricted in their ability to maneuver include,
but are not Umited to:
(1) A vessel engaged in laying, servicing, or picking up a navigafion
mark, submarine cable, or pipehne;
(2) A vessel engaged in dredging, surveying, or underwater opera-
tions;
(3) A vessel engaged in replenishment or transferring persons, provi-
sions, or cargo while underway;
(4) A vessel engaged in the launching or recovery of aircraft;
(5) A vessel engaged in minesweeping operations; and
(6) A vessel engaged in a towing operafion such as severely restricts
the towing vessel and her tow in their ability to deviate from their course.
(v) "Underway" means that a vessel is not at anchor, or made fast to
the shore, or aground.
(w) "Length" and "breadth" of a vessel mean her length overall and
greatest breadth.
(x) Vessels shall be deemed to be in sight of one another only when one
can be observed visually from the other.
(y) "Restricted visibility" means any condition in which visibility is
restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or
any other similar causes.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1. Amendment of subsection (f) filed 10-13-72; effective thirtieth day thereafter
(Register 72, No. 42).
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
3. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
4. Amendment filed 4-26-78; effective thirtieth day thereafter (Register 78, No.
17).
5. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
6. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
7. Amendment of subsecfion (f) filed 8-28-86; effective thirtieth day thereafter
(Register 86, No. 35).
§ 6553. Classes of Motorboats.
History
1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
§ 6554. Measurement.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6555. Equipment for Sound Signals.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and PL 96-591, Rule 33.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
Page 475
Register 2003, No. 18; 5-2-2003
§6556
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6556. Whistle or Other Sound-Producing i\/lechanical
Appliance — While Operating on Inland Waters.
NOTE: Autiiority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and PL 96-591, Annex II.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96. No. 30).
§ 6557. Equipment for Sound Signals — While Operating on
the "High Seas."
NOTE: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation
Code. Reference: Section 652, Harbors and Navigation Code.
History
1 . Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77. No.
35).
2. Editorial cortection of NOTE filed 10-11-85 (Register 85, No. 41).
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6557.1. Technical Details of Sound Signal Appliances
Required for Use on Vessels Operating on the
"High Seas."
NOTE: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation
Code. Reference: Section 652, Harbors and Navigation Code.
History
1 . Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41).
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6558. Foghorn.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6559. Foghorn — While Operating on Inland Waters.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6560. Foghorn — While Operating on the "High Seas."
History
1 . Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
§6561. Bell and Other Fog Sound Signal Devices.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6562. Bell and Other Fog Sound Signal Devices— While
Operating on Inland Waters.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6563. Bell and Other Sound Signal Devices— While
Operating on the "High Seas."
History
1 . Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35).
§ 6564. Personal Flotation Devices.
Pursuant to Section 652, Harbors and Navigation Code, a vessel being
operated on the waters of this State shall carry personal flotation equip-
ment as prescribed in Sections 6565 to 6566, inclusive.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Secfion 652, Harbors and Navigafion Code.
History
1. Amendment filed 4-5-72; effective thirtieth day thereafter (Register 72, No.
15).
2. Amendment filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
3. Amendment filed 1-18-77; effective thirtieth day thereafter (Resister 77, No.
4).
4. Editorial con-ection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6565. Personal Flotation Devices for Boats.
In accord with Federal regulations (33 CFR Part 175), a boat or recre-
ational boat shall be equipped with personal flotation devices as set forth
in sections 6565.2 through 6565.9.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Secfion 652, Harbors and Navigafion Code.
History
1. Repealer and new secfion filed 8-21-73; designated effective 10-1-73 (Regis-
ter 73, No. 34). For former section, see Register 72, No. 1 5.
2. Amendment filed 8-26-77; effecfive thirtieth day thereafter (Register 77, No.
35).
3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41).
4. Amendment subsfitufing "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90
(Register 90, No. 17).
§6565.1. Applicability.
NOTE: Authority cited: Sections 38, 82, 652, 655.3 and 669, Harbors and Naviga-
fion Code. Reference: Division 3, Chapter 5, Harbors and Navigafion Code.
History
1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 6565.2. Definitions.
As used in sections 6565.2 through 6565.8:
(a) "Boat" means any vessel manufactured or used primarily for non-
commercial use; leased, rented, or chartered to another for the latter's
noncommercial use; or engaged in the carrying of six or fewer passen-
gers.
(b) "Recreational boat" means any vessel manufactured or used pri-
marily for noncommercial use; or leased, rented, or chartered to another
for the latter's noncommercial use. It does not include a vessel engaged
in the carrying of six or fewer passengers.
(c) "Vessel" includes every description of watercraft other than a sea-
plane on the water, used or capable of being used as a means of transpor-
tation on the water.
(d) "Use" means operate, navigate, or employ.
(e) "Passenger" means every person carried on board a vessel other
than:
(1) The owner or his representative;
(2) The operator;
(3) Bona fide members of the crew engaged in the business of the ves-
sel who have contributed no consideration for their carriage and who are
paid for their services; or
(4) Any guest on board a vessel which is being used exclusively for
pleasure purposes who has not contributed any consideration, directly or
indirectly, for his carriage.
(f) "Racing shell, rowing scull, racing canoes and racing kayak,"
means a manually-propelled boat that is recognized by national or inter-
national racing associations for use in competitive racing and one in
which all occupants row, scull, or paddle, with the exception of a cox-
swain, if one is provided, and is not designed to carry and does not carry
any equipment not solely for competitive racing.
NOTE; Authority cited: Sections 652 and 669, Harbors and Navigafion Code. Ref-
erence: Secfion 652, Harbors and Navigation Code.
History
1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment substitufing "6565.2" for "6565.1" filed 4-2-90; operative 5-2-90
(Register 90, No. 17).
4. Amendment of first paragraph, subsection (0 and Note filed 7-24-96; opera-
five 8-23-96 (Register 96, No. 30).
Page 476
Register 2003, No. 18; 5-2-2003
Title 14
Department of Boating and Waterways
§6566
§ 6565.3. Applicability.
Sections 6565.2 through 6565.8 apply to all recreational boats that are
propelled or controlled by machinery, sails, oars, paddles, poles, or
another vessel except racing shells, rowing sculls, racing canoes, and rac-
ing kayaks.
NOTE; Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. New section filed 8-26-77: effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment substituting "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90
(Register 90, No. 17).
4. Amendment of section and NOTiz filed 7-24-96; operative 8-23-96 (Register
96, No. 30).
§ 6565.4. Definitions.
As used in sections 6565.2 through 6565.8:
(a) "Personal flotation device" means a device that is approved by the
Commandant under 46 CFR Part 160.
(b) "PFD" means "personal flotation device."
NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment substituting "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90
(Register 90, No. 17).
4. Amendment of first paragraph and Note filed 7-24-96; operative 8-23-96
(Register 96, No. 30).
§ 6565.5. Personal Flotation Devices Required.
Except as provided in Section 6565.6:
(a) Effective January 1, 1998, no person may use a recreational boat
unless at least one PFD of the following types is on board for each person:
(1) Type I PFD,
(2) Type II PFD, or
(3) Type III PFD.
(b) Prior to January 1, 1998, a Type IV may be carried in lieu of any
Type I, II, or III PFD, for each person on board a recreational boat less
than 16 feet in length or any canoe or kayak of any length.
(c) No person may use a recreational boat 16 feet or more in length,
except a canoe or kayak, unless
(1) One Type IV PFD is on board, and
(2) At least one PFD of the following types is on board for each person:
(i) Type I PFD;
(ii) Type II PFD; or
(iii) Type III PFD.
NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).
3. Change without regulatory effect amending subsections (a)(l)-(a)(3) filed
7-2-92 pursuant to secfion 100, title 1, CaUfomia Code of Regulations (Regis-
ter 92, No. 28).
4. Editorial correcfion of printing errors (Register 92, No. 28).
5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register
96, No. 30).
§ 6565.6. Exceptions.
A Type V PFD may be carried in lieu of any PFD required under Sec-
tion 6565.5 provided:
(a) The approval label on the Type V PFD indicates that the device is
approved:
(1) For the activity in which the boat is being used; or
(2) As a substitute for a PFD of the Type required on the boat in use;
(b) The PFD is used in accordance with any requirements on the ap-
proval label; and
(c) The PFD is used in accordance with requirements in its owner's
manual, if the approval label makes reference to such a manual.
NOTE: Authority cited: Secfions 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. New section filed 8-26-77; effecfive thirtieth day thereafter (Register 77, No.
35).
2. Editorial con-ection of Note filed 10-11-85 (Register 85, No. 41).
3. New subsection (b) filed 8-28-86; effective thirtieth day thereafter (Register
86, No. 35).
4. Repealer and new section filed 10-17-91; operative 11-18-91 (Register 92,
No. .30).
5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register
96, No. 30).
§ 6565.7. Stowage.
(a) No person may use a recreational boat unless each Type 1, II or III
PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is
readily accessible.
(b) No person may use a recreational boat unless each Type IV PFD
required by Section 6565.5 or equivalent type allowed by 6565.6 is im-
mediately available.
NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1 . New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correcfion of Note filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 10-17-92; operauve 11-18-91 (Register 92, No. 30).
4. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6565.8. Conditions; Size and Fit; Approval Marking.
No person may use a recreational boat unless each PFD required by
Section 6565.5 or allowed by Section 6565.6 is:
(a) In serviceable condition;
(b) Of an appropriate size and fit for the intended wearer, as marked
on the approval label; and
(c) Legibly marked with its approval number, as specified in 46 CFR
Part 160.
NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. New secfion filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment filed 10-17-92; operafive 1 1-18-91 (Register 92, No. 30).
4. Amendment of Note filed 7-24-96; operafive 8-23-96 (Register 96, No. 30).
§ 6565.9. Personal Flotation Device Equivalents.
NOTE: Authority cited: Secfions 652, 655.3 and 669, Harbors and Navigation
Code. Reference: Section 652, Harbors and Navigation Code.
History
1. New secfion filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41).
3. Repealer filed 10-17-91; operafive 11-18-91 (Register 92, No. 30).
§ 6566. Life Preservers and Lifesaving
Equipment — Passengers-for-Hire Vessels.
(a) In accordance with Federal regulation (46 CFR, Part 25.25), com-
mercial vessels and those carrying passengers for hire shall be equipped
with life preservers and other lifesaving equipment as follows:
(1) Application. This section applies to each vessel to which this sec-
tion applies, except:
(A) Vessels used for noncommercial use;
(B) Vessels leased, rented, or chartered to another for the latter' s non-
commercial use;
(C) Commercial vessels propelled by sail not carrying passengers for
hire; or
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§6567
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(D) Commercial barges not carrying passengers for hire.
(2) Definitions. As used in this section:
(A) "Approved" means approved by the Commandant under 46 CFR,
Part 160.
(B) "Use" means operate, navigate, or employ.
(3) Life preservers and other lifesaving equipment required.
(A) No person may operate a vessel to which this section applies unless
it meets the requirements of this section.
(B) Each vessel not carrying passengers for hire less than 40 feet in
length, must have at least one life preserver, buoyant vest, or special pur-
pose water safety buoyant device intended to be worn approved by the
Commandant under 46 CFR, Part 160, of a suitable size for each person
on board. Kapok and fibrous glass life preservers that do not have plas-
tic-covered pad inserts are not acceptable as equipment required by this
paragraph.
(C).Each vessel carrying passengers for hire and each vessel 40 feet
in length or longer not carrying passengers for hire must have at least one
approved life preserver of a suitable size for each person on board. Kapok
and fibrous glass life preservers which do not have plastic-covered pad
inserts are not acceptable as equipment required by tliis paragraph.
(D) Each vessel 26 feet in length or longer must have at least one ring
life buoy approved under Title 46, CFR, Subparts 160.009 or 160.050,
in addition to the equipment required in paragraph (B) or (C) of this sec-
tion.
(E) On each vessel, regardless of length and regardless of whether car-
rying passengers for hire, an approved commercial hybrid PFD may be
substituted for a life preserver, buoyant vest, or marine buoyant device
required by paragraphs (B) or (C) of this section, only if it is:
1. Worn when the vessel is underway and the intended wearer is not
within an enclosed space;
2. Used in accordance with the conditions marked on the PFD and in
the owner's manual; and
3. Labeled for use on uninspected commercial vessels.
(F) Each vessel not carrying passengers for hire may substitute an ex-
posure suit for a life preserver, buoyant vest, or marine buoyant device
required under paragraphs (B) or (C) of this section. Each exposure suit
carried in accordance with this paragraph must be of a type approved un-
der Title 46, CFR, Subpart 160.071.
(4) Marking. The lifesaving equipment required by this section must
be legibly marked as specified in 46 CFR, Part 1 60.
(5) Storage.
(A) The lifesaving equipment designed to be worn as required in sub-
section (3), (B) (C) and (E) must be readily accessible.
(B) Lifesaving equipment designed to be thrown as required in subsec-
tion (3) (D) must be immediately available.
(6) Condition. The lifesaving equipment required by this section must
be in serviceable condition.
(7) Retroreflective material for personal flotation devices.
(A) Each life preserver, each marine buoyant device intended to be
worn, and each buoyant vest carried on a vessel to which this section ap-
plies, must have Type I retroreflective material that is approved under 6
CFR, Subpart 164,018.
(B) Each item required to have retroreflective material must have at
least 200 sq. cm (3 1 sq. in.) of material attached to the front side, at least
200 sq. cm of material on its back side, and if the item is reversible, at least
200 sq. cm of material on each of its reversible sides. The material at-
tached on each side of the item must be divided equally between the up-
per quadrants of the side, and the material in each quadrant must be at-
tached as closely as possible to the shoulder area of the item.
NOTE; Authority cited: Section 652, Harbors and Navigation Code. Reference:
Sections 650 and 652, Harbors and Navigation Code.
History
1. Repealer and new section filed 8-21-73; designated effective 10-1-73 (Regis-
ter 73, No. 34). For former section, see Register 72, No. 15.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 8-28-86; effective thirtieth day thereafter (Recister 86, No.
35). •
4. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49).
§ 6567. Life Preserver and Other Lifesaving
Equipment — Class 3(b) Motorboat.
History
1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
§ 6568. Life Preserver and Other Lifesaving
Equipment — Barge Carrying Passengers for
Hire.
History
1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
§ 6568.1 . Lifesaving Devices for Boats Other Than
Motorboats.
History
1. New section filed 4-5-72; effective thirtieth day thereafter (Register 72, No.
15).
2. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34).
3. Editorial conection deleting text (Register 95, No. 17).
§ 6569. Fire Extinguishing Equipment.
Pursuant to Section 652, Harbors and Navigation Code, a boat being
operated on the waters of this State shall be provided with fire extinguish-
ers as prescribed in Sections 6570 to 6573, inclusive, which shall at all
times be kept in condition for immediate and effective use, and shall be
so placed as to be readily accessible.
NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref-
erence: Section 652, Harbors and Navigation Code.
History
1. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6570. Fire Extinguishing Equipment — Definitions.
(a) A "B" type fire extinguisher means a fire extinguisher system suit-
able for extinguishing fires involving flammable liquids, greases, etc.
(b) "Hand-portable fire extinguisher" means a fire extinguisher of ei-
ther of the following minimum sizes:
Carbon Dry
Foam dioxide, chemicals, Freon,
Size gallons pounds pounds pounds
I 11/4 4 2 2 1/2
11 2 1/2 15 10 —
(c) "Semiportable fire extinguisher" means a fire extinguisher system
of the following size or larger which is fitted with suitable hose and
nozzle or other practicable means so that all portions of the space con-
cerned may be covered.
Carbon Dry
Foam dioxide, chemicals.
Size gallons pounds pounds
III 12 35 20
(d) "Fixed fire extinguishing system" means a fire extinguishing sys-
tem of an approved carbon dioxide type, designed and installed in agree-
ment with the applicable provisions of subpart 76.15 of subchapter H of
Title 46, Code of Federal Regulations, as amended.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1. Amendment of subsection (b) filed 10-13-72; effective thirtieth day thereafter
(Register 72, No. 42).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6571. Fire Extinguishing Equipment —
Vaporizing — Liquid Type.
A vaporizing-liquid type fire extinguisher containing carbon tetrach-
loride or chlorobromomethane or other toxic vaporizing liquids are not
acceptable as equipment required by Section 6573.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
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Title 14
Department of Boating and Waterways
§6575
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6572. Fire Extinguishing Equipment — Marl<ings
Required.
(a) Each hand portable fire extinguisher and semiportable fire extin-
guishing system shall have permanently attached thereto a metallic naine
plate giving the
(1) Name of the item
(2) Rated capacity in gallons, quarts, or pounds
(3) Name of the person or firm for whom approved
(4) Address of the person or firm for whom approved, and
(5) The identifying mark of the actual manufacturer.
(b) Each hand portable fire extinguisher and semiportable fire extin-
guisher shall bear a label containing the "marine type" listing manifest
issued by a recognized laboratory, as defined in 46 CFR 162.028-5 and
162.039-5. This label will include the classification of the extinguisher
in accordance with the Coast Guard approval number, thus: "Marine
Type USCG Type , Approval No. 162.028/ , or
162.039/Ex. ."
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
45).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6573. Fire Extinguishing Equipment — Requirements.
(a) Boat Propelled by Machinery Sixty-five Feet or Less in Length. A
boat propelled by machinery 65 feet or less in length shall carry at least
the minimum number of hand-portable fire extinguishers set forth in
Table 2.
TABLE 2
Minimum number of type B-I hand-portable
fire extinguishers required ^
Without fixed fire With fixed fire
Size of extinguishing system extinguishing system
boat Length, feet in machinery space in machinery space
Under 16 1 0
16 and over, but under 26 1 0
26 and over, but under 40 2 1
40 and over, but not over 65 3 2
'One type B-II hand-portable fire extinguisher may be substituted for two type
B-I hand-portable fire extinguishers.
(1) Exceptions: A boat of any of the following types is not required to
carry a fire extinguisher.
(A) Less than 26 feet in length, not carrying passengers for hire, pro-
pelled by an outboard motor, without permanently installed fuel tanks,
and of a construction which will not permit the entrapment of explosive
or flammable gasses or vapors.
(b) Boat Propelled by Machinery Over Sixty-Five Feet in Length. A
boat propelled by machinery over 65 feet in length shall carry at least the
minimum number of hand-portable fire extinguishers set forth in Table
3 and in addition shall carry:
(1) One type B-II hand-portable fire extinguisher for each 1,000
B.H.P. of the main engine or fraction thereof. However, not more than
six such extinguishers need be carried.
(2) On boats propelled by machinery over 65 feet in length and over
300 gross tons, either one type B-III semi-portable fire extinguishing
system shall be fitted, or altemafively, a fixed fire extinguishing system
shall be fitted in the machinery space.
TABLE 3
Gross tonnage
Over Not over
Minimum number of B-II hand-
portable fire extinguishers
50 1
100 2
500 3
1,000 6
50
100
500
1,000
(c) Barge Carrying Passengers.
( 1 ) 65 Feet in Length or Less. A barge 65 feet in length or less carrying
passengers, which is regulariy operated with a boat propelled by machin-
ery, shall be fitted with hand-portable fire extinguishers as required by
Table 2 depending upon the length of the barge.
(2) Over 65 Feet in Length. A barge of over 65 feet in length carrying
passengers, which is regulariy operated with a boat propelled by machin-
ery, shall be fitted with hand-portable fire extinguishers as required by
Table 3, depending upon the gross tonnage of the barge.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1 . Amendment filed 10-13-72; effective thirtieth day thereafter (Register 72, No.
42).
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
3. Repealer of subsection (a)(1)(B) filed 10-31-83; effective thirtieth day thereaf-
ter (Register 83, No. 45).
4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 6574. Bacl<fire Flame Control.
Pursuant to Section 652, Harbors and Navigation Code, every gasoline
engine installed in a boat after April 25, 1940, except outboard motors,
shall be equipped with one of the following:
(a) Backfire flame arrestor, suitably secured to the air intake with fla-
metight connection, that is approved or compUes with SAE J-l 928 or UL
1111 and marked accordingly.
(b) A reed valve assembly or an air and fuel induction system installed
in accordance with SAE J-l 928.
(c) Any attachment to the carburetor or location of the engine air in-
duction system by means of which flames caused by engine backfire will
be dispersed to the atmosphere outside the vessel in such a manner that
the flames will not endanger the vessel, persons on board, or nearby ves-
sels and structures. All attachments shall be of metallic construction with
flametight connections and firmly secured to withstand vibration, shock,
and engine backfire.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Editorial con-ection of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of subsections (a) and (b) filed 7-24-96; operative 8-23-96 (Reg-
ister 96, No. 30).
§ 6575. Ventilation.
(a) Pursuant to Section 652, Harbors and Navigation Code, all boats
propelled by machinery being operated on the waters of this State except
open boats, and as provided in paragraphs (c) and (d) of this section, the
construction or decking over of which is commenced after April 25,
1940, and which use fuel having a flashpoint of llOU F. or less, shall
have at least 2 ventilator ducts, fitted with cowls or their equivalent, for
the efficient removal of explosive or flammable gases from the bilges of
every engine and fuel tank compartment. There shall be at least one ex-
haust duct installed so as to extend from the open atmosphere to the lower
portion of the bilge and at least one intake duct installed so as to extend
to a point at least midway to the bilge or at least below the level of the
carburetor air intake. The cowls shall be located and trimmed for maxi-
mum effectiveness and in such a manner so as to prevent displaced fumes
from being recirculated.
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§ 6575.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) As used in this section, ttie term "open boats" means those boats
propelled by machinery with all engine and fuel tank compartments, and
other spaces to which explosive or flammable gases and vapors from
these compartments may flow, open to the atmosphere and so arranged
as to prevent the entrapment of such gases and vapors within the vessel.
(c) Boats, as deflned in the Federal Boat Safety Act of 1 971 , built after
July 3 1 , 1980, or which are in compliance with 33 CFR, Part 183, are ex-
cepted from these requirements.
(d) Boats, as deflned in the Federal Boat Safety Act of 197 1, built after
July 3 1 , 1978, are excepted from the requirements of paragraph (a) for
fuel tank compartments that —
(1) Contain a permanently installed fuel tank if each electrical compo-
nent is ignition protected in accordance with 33 CFR 183.410(a); and
(2) Contain fuel tanks that vent to the outside of the boat.
NOTE; Authoriiy cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77. No.
4).
2. Amendment ofsubsection(a) and new subsections (c) and (d) filed 1-28-83; ef-
fective thirtieth day thereafter (Register 83, No. 5).
3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 6575.1 . Operator Responsibility.
No person may operate a boat built after July 31,1 980, that has a gaso-
line engine for electrical generation, mechanical power, or propulsion
unless it is equipped with an operable vendlation system that meets the
requirements of Section 6575.5(a), (b), (d), (e), and (f), and 6575.6(a).
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and 33 CFR 175.201.
History
] . New section filed 1 -28-83; effective thirtieth day thereafter (Register 83, No.
5).
§ 6575.2. Applicability.
This regulation applies to all new boats that —
(a) Have gasoline engines for electrical generation, mechanical power,
or propulsion; and
(b) Are built after July 31, 1980, except that a manufacturer may elect
to comply with this subpart at any time after July 31, 1978.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and 33 CFR 183.601.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
§ 6575.3. Definitions.
"AMCA" means Air Moving and Conditioning Association.
"ASTM" means American Society for Testing and Materials.
"Fuel" means gasoline.
"Open to the atmosphere" means a compartment that has at least 1 5
square inches of open area directly exposed to the atmosphere for each
cubic foot of net compartment volume.
"UL" means Underwriters Laboratories, Incorporated.
NOTE: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code.
Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR
183.605.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Editorial cortection of section number filed 4-12-84 (Register 84, No. 15).
§ 6575.4. Incorporation by Reference.
(a) The following standards are incorporated by reference. Copies may
be obtained from the sources indicated. They are also available for in-
spection at the Department of Boating and Waterways; Archives, Secre-
tary of State, 1020 "O" Street, Sacramento, California 95814; Coast
Guard Headquarters, 2100 Second Street, S.W., Washington, D.C.
20593-0001; and at the Office of the Federal Register Library, National
Archives, Washington, D.C. 20408.
(1) AMCA Standard 210-74, Figure 12, dated 1974. Air Moving and
Conditioning Association International, Inc., 30 West University Drive,
Arlington Heights, Illinois 60004.
(2) ASTM Standard D-47 1-79 dated May 1 979. American Society for
Testing and Materials International, 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, Pennsylvania 19428-2959.
(3) UL Standard 1 128, dated August 23, 1977, published by Under-
writers Laboratories, Incorporated, is available by contacting
COMM-2000, 1414 Brook Drive, Downers Grove, Illinois 60515, tele-
phone number 1 (888) 653-3503, or on the Internet:
www.COMM-2000.com.
NOTE: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code.
Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR
183.607.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49).
3. Change without regulatory effect amending section filed 4-30-2003 pursuant
to section 100, fitle 1, California Code of Regulafions (Register 2003, No. 18).
§ 6575.5. Powered Ventilation System.
(a) Each compartment in a boat that has a permanently installed gaso-
line engine with a cranking motor must —
(1) Be open to the atmosphere, or
(2) Be ventilated by an exhaust blower system.
(b) Each exhaust blower or combination of blowers must be rated an
at air flow capacity not less than that computed by the fonnulas given in
Table A, Column 2. Blower rating must be determined according to
AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard n28
dated August 23, 1977.
FR=V/2 + 100 FO=0.2V+ 40 M
Table A
Col. 1^ Col. 2^ Col. 3^
Below 34 Fr=50 Fo=20
34 to 100 Fr=l .5V Fo=0.6V
Over 100 Fr=V/2 -h 100 Fo=0.2V + 40
^ Net compartment volume of engine compartment and compartments open there-
to (V) cubic feet.
^ Rated blower capacity (Fr) cubic feet per minute.
3 Blower system output (Fo) cubic feet per minute.
(c) Each exhaust blower system required by paragraph (a) (2) of this
section must exhaust air from the boat at a rate which meets the require-
ments of Table A, Column 3, when the engine is not operating.
(d) Each intake duct for an exhaust blower must be in the lower one-
third of the compartment and above the normal level of accumulated
bilge water.
(e) More than one exhaust blower may be used in combination to meet
the requirements of this section.
(f) Each boat that is required to have an exhaust blower must have a
label that —
(1) Is located as close as practicable to each ignition switch;
(2) Is in plain view of the operator; and
(3) Has at least the following information: WARNING— GASOLINE
VAPORS CAN EXPLODE. BEFORE STARTING ENGINE, OPER-
ATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COM-
PARTMENT BILGE FOR GASOLINE VAPORS.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and 33 CFR 183.610.
History
1. New secfion filed 1-28-83: effective thirtieth day thereafter (Register 83, No.
5).
§ 6575.6. Natural Ventilation System.
(a) Except for compartments open to the atmosphere, a natural ventila-
tion system that meets the requirements of Section 6575.7 must be pro-
vided for each compartment in a boat that —
(1) Contains a permanenUy installed gasoline engine;
(2) Has openings between it and a compartment that requires ventila-
tion, where the aggregate area of those openings exceeds two percent of
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Register 2003, No. 18; 5-2-2003
Title 14
Department of Boating and Waterways
§ 6575.7
the area between the compartments, except as provided in paragraph (c)
of this section;
(3) Contains a permanently installed fuel tank and an electrical compo-
nent that is not ignition protected in accordance with 33 CFR 1 83.410(a);
(4) Contains a fuel tank that vents into that compartment; or
(5) Contains a nonmetallic fuel tank with an aggregate permeability
rate of more than the greater of 1 .2 grams of fuel loss in 24 hours, or 1 .2
grams of fuel loss in 24 hours per cubic foot of net compartment volume.
Reference fuel "C" at 40 C plus or minus 2 C from ASTM standard
D-471-79, dated May, 1979, is to be used in determining the permeabil-
ity rate.
(b) Each natural ventilation system must be constructed so that —
(1) Each supply opening required in Section 6375.7 is located on the
exterior surface of a boat; or
(2) Air will flow into or out of the supply or exhaust openings required
in Section 6575.7 when the boat is in a wind flowing from bow to stem
at a velocity of ten miles per hour when the engine is not operating.
(c) An accommodation compartment above a compartment requiring
ventilation that is separated from the compartment requiring ventilation
by a deck or other structure is excepted from paragraph (a)(2) of this sec-
tion.
NOTE; Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and 33 CFR 183.620.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment of subsections (a)(5) and (b)(1) filed 11-25-87; operative
12-25-87 (Register 87, No. 49).
§ 6575.7. Standards for Natural Ventilation.
(a) For the purpose of Section 6575.6, "natural ventilation" means an
airflow in a compartment in a boat achieved by having —
(1) A supply opening or duct from the atmosphere or from a ventilated
compartment or from a compartment that is open to the atmosphere; and
(2) An exhaust opening into another ventilated compartment or an ex-
haust duct to the atmosphere.
(b) Each exhaust opening or exhaust duct must originate in the lower
third of the compartment.
[The next page is 483.]
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Department of Boating and Waterways
§ 6593.2
(c) Each supply opening or supply duct and each exhaust opening or
exhaust duct in a compartment must be above the normal accumulation
of bilge water.
(d) Except as provided in paragraph (e) of this section, supply open-
ings or supply ducts and exhaust openings or exhaust ducts must each
have a minimum aggregate internal cross-sectional area calculated as
follows: A = 5 In (V/5); where:
(1) A is the minimum aggregate internal cross-sectional area of the
openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including the net
volume of other compartments connected by openings that exceed two
percent of the area between the compartments; and
(3) In (V/5) is the natural logarithm of the quantity (V/5).
(e) The minimum internal cross-sectional area of each supply opening
or duct and exhaust opening or duct must exceed 3.0 square inches.
(f) The minimum internal cross-sectional area of terminal fittings for
flexible ventilation ducts installed to meet the requirements of paragraph
(d) of this section must not be less than 80 percent of the required internal
cross-sectional area of the flexible ventilation duct.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code; and 33 CFR 183.630.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
§ 6576. Liquefied Petroleum Gas.
Pursuant to section 652, Harbors and Navigation Code, a vessel carry-
ing passengers for liire on the waters of this State using liquefied petro-
leum gas or compressed natural gas for heating, cooking, or lighting must
adhere to the federal regulations as contained in 46 CFR 25, 58, 147, and
184.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 4.1. Capacity Plate
§ 6580. Capacity Plate.
History
1 . Amendment of Article 4. 1( §§ 6580 and 658 1 ) filed 5-1 1-7 1 ; effective thirtieth
day thereafter (Register 71, No. 20). For prior history, see Register 66, No. 43.
2. Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 1 1).
§6581. Exemptions.
History
1 . Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 11).
Article 4.5. Law Enforcement Vessels
§ 6590. Law Enforcement Vessels.
Vessels used as law enforcement vessels under the authority of Section
663.5, Harbors and Navigation Code, shall be identified as follows:
(a) They shall be of a distinctive color compatible with use as harbor
police vessels.
(b) They shall be marked with words such as "Harbor Police," "Port
Police," "Harbor Patrol," or "Port Patrol" or their equivalent. These iden-
tifying words shall be placed on each side of the vessel in a manner which
will provide clear legibility and maximum opportunity for identification.
The letters shall be of block character, of good proportion, and not less
than six (6) inches in height. They shall be of a color which will form a
good contrast with the color of the background and so maintained as to
be clearly visible and legible. In addition to this marking, the vessel shall
display prominently the identification of the operating agency.
NOTE: Authority cited: Section 663.5, Harbors and Navigation Code. Reference:
Sections 650 and 663.5, Harbors and Navigation Code.
History
1. Repealer of Article 4.5 (Sections 6590 and 6591) and New Art. 4.5 (Sections
6590 and 6591) filed 5-1 1-71; effective thirtieth day thereafter (Register 71,
No. 20). For prior history, see Registers 65, No. 20 and 67, No. 48.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49).
§ 6591 . Blue Light for Enforcement Vessels.
The distinctive light prescribed by Section 652.5, Harbors and Navi-
gation Code, for law enforcement vessels shall be a blue colored, revolv-
ing horizontal beam, low intensity light rotating or appearing to rotate be-
cause of a pulsating effect gained by means of a rotating reflector which
causes a flashing or periodic peak intensity effect. The light shall be lo-
cated at any effective point on the forward exterior of the vessel. A shield
or other device, fixed or movable, to restrict the arc of visibihty may be
used if desired.
NOTE: Authority cited: Section 652.5, Harbors and Navigation Code. Reference:
Sections 650 and 652.5, Harbors and Navigation Code.
History
1 . Editorial con-ection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6592. Sound Level Measuring Instruments.
Pursuant to the authority provided in Section 654.05(d) of the Harbors
and Navigation Code, a precision sound level meter which meets the
Type II requirements of ANSI SI. 4-1 983 (revision of SI. 4-1 971), titled
"Specification For Sound Level Meters," published in 1983, may be sub-
stituted for the Type I referred to in the Society of Automotive Engineers
Technical Report J34 for measuring pleasure motorboat sound levels,
titled "Exterior Sound Level Measurement Procedure For Pleasure Mo-
torboats— SAE J34," published in 1973.
NOTE: Authority cited: Sections 652 and 654.05(d), Harbors and Navigation
Code. Reference: Sections 652, 654, 654.05 and 654.06, Harbors and Navigation
Code.
History
1 . New section filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). For his-
tory of former Secfion 6592, see Register 85, No. 26.
Article 4.5.1. Boating Safety and
Enforcement Financial Aid Program
§ 6593. Short Title.
This article shall be known and may be cited as the Boating Safety and
Enforcement Financial Aid Program Regulations under which the De-
partment of Boating and Waterways may provide State financial aid to
local agencies' qualified boating safety and enforcement programs pur-
suant to Section 663.7 of the Harbors and Navigation Code.
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer-
ence: Secfions 650 and 663.7, Harbors and Navigafion Code.
History
1. New article 4.5.1 (sections 6593-6593.1 1) and section filed 1-28-2003; opera-
tive 1-28-2003 pursuant to Government Code section ] 1343.4 (Register 2003,
No. 5).
§6593.1. Purpose.
The purpose of the Boating Safety and Enforcement Financial Aid
Program is to augment a participating agency's revenues for boating
safety and enforcement activities when an agency incurs boating safety
and enforcement program costs that exceed actual vessel taxes received
by the county for boating safety and enforcement activities. The program
is not intended to fully fund a participating agency's boating safety and
enforcement activities, and agency participation in the program is entire-
ly voluntary.
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operafive 1-28-2003 pursuant to Govemment
Code section 11343.4 (Register 2003, No. 5).
§ 6593.2. Definitions.
The following definitions shall be used in this article.
Page 483
Register 2003, No. 5; 1-31-2003
§ 6593.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) "Administrative costs" are the costs incurred by a participating
agency for indirect services necessary for the operation of a participating
agency's boating safety and enforcement program.
(b) "Agency" means a county of the State, or a city, district or other
pubhc agency within a county, that participates, or applies to participate,
in the Boating Safety and Enforcement Financial Aid Program.
(c) "Allowable costs or expenses" means the costs or expenditures
made by a participating agency that are authorized by the department.
(d) "Baseline financial aid eligibility allocation" means a participating
agency's financial eligibility allocation as described in Section 6593.7 of
this article.
(e) "Boat patrol" means a boating safety and enforcement unit of quali-
fied boating safety and enforcement officers (full-time or seasonal).
(f) "Boating safety and enforcement officer" means trained personnel
authorized and retained by a participating agency to perform boating
safety and enforcement activities.
(g) "Boating safety programs" and "boating safety and enforcement
programs" are participating agency programs comprised of boating safe-
ty and enforcement activities.
(h) "Calendar year" means the period of twelve consecutive months
that runs from January 1 through December 31 of the same year.
(i) "Department" means the California Department of Boating and
Waterways, unless otherwise specified.
(j) "Equipment" means boating-specific equipment or other support
equipment used to implement or conduct boating safety and enforcement
activities.
(k) "Fiscal year" means the period of twelve consecutive months that
runs from July 1 of one year through June 30 of the following year.
(/) "Fringe benefits percent" is the percentage used by the participating
or applicant agency to estimate the costs of non-salary benefits for an
employee, such as workers' compensation premiums, retirement con-
tributions, uniform allowances, insurance, payments made under the
Federal Insurance Contributions Act, and any other employee benefit ap-
proved by the department. The percent is expressed as a percentage of di-
rect salary costs and is calculated by dividing the fringe benefits cost by
the direct salary cost of an employee.
(m) "Mid-range or equivalent journeyman level average hourly pay"
is the average hourly pay for a typical employee of an applicant agency.
The mid-range is used if there are an odd number of pay steps or an
equivalent is used if there is an even number of pay steps. An equivalent
is calculated by averaging the two middle pay steps.
(n) "Quarter" means a period of three consecutive months during the
fiscal year. The quarters of the State's fiscal year are comprised of four
consecutive three-month segments, as noted below.
(1) Quarter 1 = July 1 through September 30
(2) Quarter 2 = October 1 through December 3 1
(3) Quarter 3 = January 1 through March 31, and
(4) Quarter 4 = April 1 through June 30.
(o) "Program reduction" means a reduction in a participating agency's
annual allocation due to insufficient program expenditures as described
in Section 6593.7 of this article.
(p) "Unallocated funds" are funds that have not been spent or used by
participating agencies' boating safety and enforcement programs pur-
suant to section 6593.7(c) of this article.
(q) "Vessel taxes received by the county" are funds equal to 100 per-
cent of the amount received by the county from the share of personal
property taxes on vessels allocated to the County General Fund for boat-
ing safety and enforcement activities.
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 5).
§ 6593.3. Boating Safety and Enforcement Activities.
For the purposes of receiving State financial aid under Section 663.7
of the Harbors and Navigation Code, boating safety and enforceinent ac-
tivities include:
(a) Enforcement of State and local laws and regulations for boating ac-
tivities by means of vessel, foot patrol, motor vehicle, or aircraft. Educat-
ing the public on State and local laws and regulations is included as en-
forcement.
(b) Inspection of vessels for compliance with required safety equip-
ment, registration requirements, and sanitation and pollution control that
satisfy the intent of State law.
(c) Supervision of organized on-the-water boating activities or water
events that allows for the protection and safety of the boating public dur-
ing such activities or events.
(d) Search and rescue operations originating from on-the-water boat-
ing activities, including the recovery of drowned bodies that are the result
of boating activities.
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer-
ence: Sections 630 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 5).
§ 6593.4. Eligibility.
Agencies requesting permission lo participate are entitled to receive
State financial aid for boating safety and enforcement programs on wa-
ters under their jurisdiction, provided the following conditions are satis-
fied:
(a) An appUcant agency provides a certified copy of the resolution or
minute order from the county board of supervisors with the application
for financial aid under the provisions of Section 663.7 of the Harbors and
Navigation Code.
(1) In the case of a local government agency within a county, a certi-
fied copy of the resolution or minute order shall accompany the applica-
tion for financial aid from that local government entity, as well as a certi-
fied copy of the resolution or minute order from its county board of
supervisors, authorizing the agency to participate in the program.
(2) The resolution or minute order shall:
(A) Authorize the chairperson, or designated representative, to sign
the application and contract.
(B) Authorize the chairperson, or designated agency representative, to
sign the department's form for each reimbursement claim.
(C) Authorize the county auditor to certify the amount of prior year
vessel taxes received by the county.
(3) The department may deny the application if the applicant agency
fails to provide the above-referenced information or data.
(b) An applicant agency submits a completed application that com-
plies with the requirements of Section 6593.5.
(c) The county in which an applicant agency resides agrees to spend
an amount equal to 100 percent of vessel taxes received by the county for
boating safety and enforcement acfivities prior to the agency receiving
State financial aid under this program.
(d) An applicant agency maintains an operational boat patrol while re-
ceiving State financial aid under this program.
(e) An applicant agency agrees to comply with the reimbursement pro-
cess in Section 6593.9.
(f) An applicant agency agrees to comply with the reporting require-
ments in SecUon 663.7 of the Harbors and Navigation Code.
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 5).
Page 484
Register 2003, No. 5; 1-31-2003
Title 14
Department of Boating and Waterways
§ 6593.7
§ 6593.5. Application.
(a) An agency applying for financial aid under the Boating Safety and
Enforcement Financial Aid Program shall complete an annual applica-
tion. The annual Boating Safety and Enforcement Financial Aid Program
application for a county shall accompany all applications from other gov-
ernmental agencies within the county requesting aid from the depart-
ment.
(b) The apphcation shall include, at a minimum, the following esti-
mates for waterways under the jurisdiction of each applicant agency:
• Size of waterway(s) (in square miles for lakes and in miles for rivers
or coastline)
• Usage of waterway(s) (types of boating activities)
• Types of patrols (on-water, foot, truck/vehicle, and/or air)
• Workload seasonality adjustments (unusual increases/decreases in
staffing)
• Number of boats on the waterways.
(c) A participating agency shall submit a completed application to the
department at least six months prior to the start of the fiscal year for which
State financial aid is requested. A new applicant agency shall submit a
completed application to the department at least 14 months prior to the
start of the fiscal year for which State financial aid is requested.
(d) Subsequent to the expiration of the filing date, amendments to the
applications shall be allowed only subject to the approval of the depart-
ment.
NOTE: Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 5).
§ 6593.6. Annual Contract.
(a) Beginning in fiscal year 2003-04, every participating agency shall
enter into an annual contract with the department prior to the start of the
fiscal year. The contract shall indicate, at a minimum, the financial aid
eligibility allocation amount for the ensuing fiscal year and whether a
participating agency is to submit reimbursement claims on a monthly or
quarterly basis.
(b) The department shall send every participating agency a contract at
least 90 days prior to the start of the fiscal year. A participating agency
shall sign and return the contract to the department at least 15 days prior
to the start of the fiscal year. Failure of a participating agency to sign and
return the contract 1 5 days prior to the start of the fiscal year may result
in a participating agency losing its financial aid eligibility allocation for
that fiscal year.
NOTE: Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 5).
§ 6593.7. Financial Eligibility Formula.
The following formula shall be used for determining annual maximum
eligibility allocation amounts for a participating agency eligible for State
financial aid under the Boating Safety and Enforcement Financial Aid
Program. The State boating safety and enforcement program financial
eligibility allocation shall include total State boating safety and enforce-
ment program financial aid for all public entities within a county.
(a) A county that received an allocation in fiscal year 1996-97 shall
receive, at a minimum, the amount of the fiscal year 1996-97 allocation,
unless the county's program has been reduced by the county or the State.
This fiscal year 1996-97 amount is defined as the baseline State financial
eligibility allocation. (See Exhibit 1 in Section 6593. 1 1 — Baseline State
Financial Eligibility Allocations)
(b) A county that received an allocation subsequent to fiscal year
1996-97 but prior to fiscal year 2003-04 shall receive, at a minimum, the
amount of the most recent fiscal year allocation, unless the county's pro-
gram has been reduced. This amount is also defined as the baseline State
financial eligibility allocation and is likewise shown in Exhibit 1 in Sec-
tion 6593.11.
(c) Beginning with fiscal year 2005-06 and continuing with each fiscal
year thereafter:
(1) A participating agency that spends less than its baseline State fi-
nancial eligibility allocation in both calendar year 2003 and calendar year
2004 shall have its eligibility allocation reduced in fiscal year 2005-06.
The reduced eligibility allocation amount shall equal the higher amount
spent in either calendar year 2003 or calendar year 2004. (See Exhibit 2
in Section 6593.1 1 — Example of Program Reduction)
(2) A participating agency that spends less than its baseline State fi-
nancial eligibility allocation during a calendar year period, in the two
most recent calendar years, shall have its eligibility allocation reduced in
the next fiscal year. The revised eligibility allocation amount shall equal
the higher amount spent during one of the two most recent calendar years.
(3) Unallocated funds as a result of (1) or (2) shall be reallocated on
an annual one-time basis to those participating agencies that incurred ex-
penditures exceeding their basehne eligibility allocations during the
most recent calendar year. These unallocated funds shall be allocated on
a prorated basis to participating agencies based on the individual partici-
pating agency's expenditures that exceeded baseline eligibility alloca-
tions divided by the total statewide expenditures that exceeded baseline
eligibility allocations applied to the total statewide unallocated funds.
Under no circumstances shall a participating agency receive more than
20 percent of the total funds appropriated to all participating agencies for
boating safety and enforcement programs. The total amount of funds that
are reallocated shall not exceed the amount of the total statewide surplus.
The reallocated funds shall be treated as a one-time reallocation of un-
spent funds. (See Exhibit 3 in Section 6593.1 1 — Example of Realloca-
tion of Unspent Funds)
(d) Beginning with fiscal year 2003-04 and continuing with each fis-
cal year thereafter, the formula for a new, non-participating applicant
agency applying to the program shall be as follows, provided that suffi-
cient funds are appropriated specifically for new agencies:
Total Estimated Boating Safety and Enforcement Costs
Less Vessel Taxes Received by the county
Equals State Financial Eligibility Allocation
(1) Total Estimated Boating Safety and Enforcement Costs shall be
based on the estimated work-hours of patrol required for boating safety
and enforcement activities. Each agency shall justify the estimated num-
ber of work hours of patrol by documenting various operations data as
part of the application.
(2) The number of work hours shall be multiplied by either the
agency's actual hourly pay of boating safety and enforcement officers,
or the agency' s mid-range or equivalent (i.e., third of five pay steps) jour-
neyman level average hourly pay, and either the agency's actual fringe
benefit percent for boating safety and enforcement officers, or the
agency ' s customary average fringe benefits percent, to estimate total per-
sonnel costs. This total personnel costs amount shall be multiplied by 30
percent to estimate associated operations, maintenance, and equipment
costs. The sum of total personnel costs, and associated operations, main-
tenance, and equipment costs, shall equal estimated boating safety and
enforcement direct costs, which may be increased by up to 5 (five) per-
cent for allowable administrative costs to determine the total estimated
boating safety and enforcement costs. These total estimated costs shall
be offset by the actual prior year vessel taxes received by the county to
determine the net amount of State financial eligibility allocation. (See
Exhibit 4 in Section 6593.1 1 — Example of New Program Calculation)
(3) Each agency applying for financial aid under this section shall sub-
mit documentation supporting its calculations as requested by the depart-
ment. The first-year eligibility allocation for any new agency applying
to the program shall be considered that agency's baseline State financial
eligibility allocation.
(e) Beginning with fiscal year 2004-05 and continuing with each fiscal
year thereafter, a participating agency that demonstrates that its expendi-
tures exceed its baseline State financial eligibility allocations may be eli-
Page 484.1
Register 2003, No. 5; 1-31-2003
§ 6593.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
gible for any additional funds appropriated for expansion of existing par-
ticipating agencies' boating safety and enforcement programs. Any
additional funds allocated to a participating agency under this subsection
shall be treated as a program increase to the participating agency's base-
line State financial eligibility allocation.
(f) Beginning with fiscal year 2004-05 and continuing with each fiscal
year thereafter, if funds budgeted for the boating safety and enforcement
program are less than the sum of the prior year's individual participating
agency allocations, each individual participating agency may have its eli-
gibility allocation reduced in proportion to the overall program shortfall.
(See Exhibit 5 in Section 6593.1 1 — Example of Fund Shorrfall Calcula-
tion)
NOTE: Authority cited: Section 663.7 (c). Harbors and Navigation Code. Refer-
ence; Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 5).
§ 6593.8. Allowable and Non-Allowable Costs.
Beginning in fiscal year 2003-04, all program expenditures under this
program shall be spent on personnel and operations, maintenance, and
equipment that are used by a participating agency's boat patrol when
conducting boating safety and enforcement acnvities. and administrative
costs attributable to a participating agency's boating safety and enforce-
ment program. All program expenditures, including those made with
vessel taxes received by the county, shall comply with the requirements
of this section.
(a) The following are allowable costs under the program:
(1) Personnel costs of boating safety and enforcement officers, includ-
ing, but not limited to, salaries, wages, overtime and holiday pay, differ-
ential pay, on-call pay, workers' compensation premiums, retirement
contributions, uniform allowances, insurance, payments made under the
Federal Insurance Contributions Act, and any other employee benefit ap-
proved by the department.
(2) Operations, maintenance, and equipment costs, including, but not
limited to, fuel; vessel, vessel trailer and equipment repair; storage of
vessels, vessel trailers and equipment; vehicle mileage for vehicles used
to tow vessels; hull insurance for vessels; communications equipment for
items to be attached or mounted to a vessel or vehicle; per diem and other
costs associated with non-POST (California Commission on Peace Offi-
cer Standards and Training) boating safety and enforcement training; per
diem costs associated with overnight boating safety and enforcement as-
signments that occur at least 50 miles from the main headquarters; dive
gear; utilities (including gas, electricity, water, land-based telephone
service, and propane charges), office rental and leases, and office equip-
ment for a boat patrol office located in a geographically separate location
than the main headquarters; prorated share of vehicle and aircraft leases;
and miscellaneous boating equipment.
(3) Administrative costs attributable to a participating agency's boat-
ing safety and enforcement program provided such administrative costs
are not more than five percent of the total allowable direct program costs.
(4) A participating agency shall provide written justification and ob-
tain prior written approval from the department in order to be reimbursed
for the following costs:
(A) Purchase of communications equipment or the rental or leasing of
office space.
(B) Any non-POST training course that an employee of a participating
agency plans to attend.
(C) Prorated share of leased vehicles and aircraft.
(D) Out-of-state travel.
(b) The following are not allowable costs under the program:
(1) Any cost, either in its entirety or a prorated share, not associated
with a participating agency's boating safety and enforcement program.
(2) The purchase of any type of vessel, vessel trailer, vehicle, or air-
craft with State funds. Note: the department administers a financial assis-
tance program for purchase of vessels outside of the boating safety and
enforcement program. A participating agency may use vessel taxes re-
ceived by the county for the purchase, or a prorated share of the purchase,
of any type of vessel, vessel trailer, vehicle, or aircraft provided such
equipment is dedicated solely, or on a prorated basis, for boating safety
and enforcement activities.
(3) The general costs necessary in employing, outfitting with weap-
ons, and training personnel in accordance with prescribed statutes affect-
ing peace officers, including, but not limited to, drug screening tests,
background checks, psychological testing, fingerprinting fees, law en-
forcement training unrelated to boating safety and enforcement activi-
ties, and training in weaponry.
(4) One-time payments for vacation, sick leave, or compensation time
off in lieu of overtime due to separation or medical causes.
(5) Any administrative or overhead costs that exceed five percent of
the total allowable direct program costs of a participating agency's boat-
ing safety and enforcement program.
NOTE: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 5).
§ 6593.9. Reimbursement Procedures.
Beginning in fiscal year 2003-04, the following procedures shall be
used to reimburse a participating agency for allowable expenditures un-
der the Boating Safety and Enforcement Financial Aid Program. A par-
ticipating agency may only receive State reimbursement under this pro-
gram when actual allowable expenditures on boating safety and
enforcement activities exceed actual prior year vessel taxes received by
the county.
(a) The department shall provide financial aid, under Section 663.7 of
the Harbors and Navigation Code, in the form of reimbursements to cov-
er the costs incurred by a participating agency for boating safety and en-
forcement activities that exceed vessel taxes received by the county, up
to the participating agency's State financial eligibility allocation amount.
Reimbursements shall equal the actual amount of allowable costs in-
curred by a participating agency over and above the actual prior year ves-
sel taxes received by the county, up to the State financial eligibility al-
location amount.
(b) A participating agency shall submit claims to the department for
the purpose of reimbursement under this program. Claims may be sub-
mitted by a participating agency on a monthly or quarterly basis as speci-
fied in the annual contract. A participating agency shall submit claims in-
dicating actual costs incurred during the month or quarter and total
year-to-date actual costs. Claims shall be submitted irrespective of
whether State financial aid is reimbursed to the participating agency dur-
ing the month or quarter.
(c) Personnel costs shall be reimbursed based on the actual number of
hours spent on boating safety and enforcement activities, including
associated sick leave, vacation, and compensatory time off, during the
month or quarter by each boating safety and enforcement officer of the
participating agency. Actual hours, and associated sick leave, vacation,
and compensatory time off, for each boating safety and enforcement offi-
cer shall be multiplied by the boating safety and enforcement officer's
hourly pay to determine direct salary costs. Direct salary costs are multi-
plied by the participating agency's customary average fringe benefits
percent to determine total personnel costs.
(d) Associated operations, maintenance, and equipment costs shall be
reimbursed based on actual costs.
(e) Administrative costs attributable to a participating agency's boat-
ing safety and enforcement program may either be directly identified or
indirectly allocated to the program.
( 1 ) Administrative personnel costs directly identified to a participating
agency's boating safety and enforcement program shall be reimbursed
based on the actual number of hours spent on administrative activities re-
lated to boating safety and enforcement activities during the month or
quarter. Actual hours for each administrative staff shall be multiplied by
the staffs hourly pay to determine administrafive salary costs. Adminis-
Page 484.2
Register 2003, No. 5; 1-31-2003
Title 14
Department of Boating and Waterways
§ 6593.11
•
trative salary costs are multiplied by the participating agency's custom-
ary average fringe benefits percent to determine administrative person-
nel costs.
(2) Administrative costs that are not readily assignable to a participat-
ing agency's boating safety and enforcement program, but are necessary
for the operation of the participating agency, shall be identified through
the use of an Indirect Cost Rate Proposal (ICRP), a formal allocation
method. It is recommended but not required that participating agencies
using this indirect method obtain the following federal publication: Of-
fice of Management and Budget (0MB) Circular A-87, "Cost Principles
for State, Local, and Indian Tribal Governments." This publication ex-
plains how indirect costs may be handled. This publication is available
from the department.
(f) Year-to-date allowable costs shall be offset by annual actual prior
year vessel taxes received by the county and year-to-date State financial
aid reimbursements to determine the amount of State financial aid on a
claim. If actual prior year vessel taxes received by the county have not
been expended on boating safety and enforcement activities, a participat-
ing agency shall not receive State financial aid during that month or quar-
ter.
(g) The department shall conduct a review of each claim for accuracy,
completeness, and applicability to the program. The department may re-
quest additional supporting information from a participating agency for
justification of expenditures prior to approving a participating agency's
claim. Claims that result in reimbursement to a participating agency shall
be forwarded to the State Controller's Office for payment once the de-
partment has completed the review and approved the claim for payment.
(h) Any expenditure omitted by a participating agency from a claim
for State financial aid may be submitted by a participating agency for re-
imbursement with any succeeding claim within 60 days following the
last day of the fiscal year.
(1) The issue date of a purchase order, invoice date, or day in which
the hours were worked determines the fiscal year in which expenditures
occur for the purposes of submitting claims. Date of payment, date re-
ceived, shipping date, and date of invoice received are not factors in de-
termining the fiscal year in which expenditure is made.
(2) If the cost of utilities overlaps fiscal years, the total cost may be
claimed in either fiscal year.
(i) Claims for reimbursement for State financial aid shall be submitted
within 60 days following the last day of the monthly or quarterly report-
ing period. The department may reduce a participating agency's total
State financial aid allocation by five percent if the participating agency
exceeds the sixty-day billing period and an additional five percent for ev-
ery thirty-day period thereafter that the participating agency is late in fil-
ing a claim for State financial aid.
NOTE: Authority cited: Section 663.7(k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 5).
§6593.10. Audits and Appeals.
(a) The department shall maintain adequate controls to ensure respon-
sibility and accountability for the expenditure of State funds. The depart-
ment may conduct periodic systematic audits of a participating agency
in order to determine whether an agency is in compliance with State law
and the claims submitted by a participating agency accurately represent
the amount due the agency under the Boafing Safety and Enforcement Fi-
nancial Aid Program.
(b) The department shall notify a participafing agency in writing at
least one week in advance of all scheduled audits.
(c) A participafing agency shall make records available for review to
the department or its representatives. A participafing agency shall main-
tain records deemed necessary by the department for a minimum of five
years and shall include, at a minimum, supporting documentation for any
claims for reimbursement by the parficipafing agency. Such records shall
include actual hours spent on the program (including the name and classi-
ficafion of each employee and the specific boating safety and enforce-
ment acuvity for which the hours relate), documents supporfing the actu-
al salaries used to determine personnel costs, documents supporting the
parficipating agency's customary fringe benefits percentage, receipts for
associated operations, maintenance, and equipment costs, equipment
maintenance and repair reports, current equipment inventory report, doc-
umentafion supporting actual vessel taxes received by the county, and
other applicable documentaUon as requested by the Department.
(d) The audit shall include an evaluafion of the accounfing and control
systems of the parficipating agency.
(e) If the department conducts an audit of a participating agency, the
department shall issue an audit report to the participating agency. The au-
dit report shall include a descripfion of how the audit was performed and
a summary of audit excepfions and management improvement recom-
mendations. If applicable, a correcfion plan shall be discussed with the
participating agency describing the specific actions that are recom-
mended to be taken, or that have been taken, to correct the deficiencies
identified by the department. Future State financial aid payments may be
withheld from the participafing agency until the deficiencies have been
corrected.
(f) When an audit indicates that a participating agency has claimed and
received payments from the department under this program to which it
is not enfiUed, the participating agency shall pay, in addition to that por-
tion of the claim that was improperly claimed, interest on the amount of
overpayment from the date in which the amount was improperiy claimed
to the next claim. The overpayment, plus interest, may be repaid through
a reduction to the next claim for State financial aid. The interest rate shall
equal the monthly average rate received on investments in the State Sur-
plus Money Investment Fund.
(g) When it is established that a participating agency fraudulently
clairhed and received payments under this program, the participating
agency shall pay, in addition to that portion of the claim that was improp-
erly claimed, a penalty of 300 percent of the amount improperly claimed.
Payments due from a participating agency may be recovered through an
offset to the next claim(s) for State financial aid.
(h) A parficipating agency has the right to appeal the findings of any
audit to the director of the department in writing within 90 days after
complefion of the audit report. The participating agency shall include in
the written appeal a description of the items in quesfion and the partici-
pating agency's reason for the appeal. The appeal process shall com-
mence with a conference between a representative of the department and
the parficipafing agency to review the items in quesfion. If the appeal is
not resolved to the parficipating agency's safisfaction, the participating
agency may request that the matter be reviewed through a formal hearing
conducted in accordance with Government Code Section 1 1500 et seq.
NOTE; Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 5).
§6593.11. Exhibits.
This secfion contains the Exhibits referenced in Section 6593.7.
•
Page 484.3
Register 2003, No. 5; 1-31-2003
§ 6593.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Exhibit 1 — Baseline State Financial Elieibility Allocations
Allocation
FY 1996-97
Subsequent to
Basebne State
State Financial
Subsequent
FY 1996-97 but
Financial
Eligibility
Program
Prior to FY
Eligibility
County
Allocation
Reductions
2003-04
Allocation
1. Amador County
$95,781
$95,781
2. Butte County
$148,069
148,069
3. Calaveras County
159,868
159.868
4. Colusa County
96,091
96.091
5. Contra Costa County
379,713
379.713
6. Del Norte County
130,775
130,775
7. El Dorado County
309,479
309,479
8. Fresno County
356,210
356,210
9. Glenn County
108,111
108,111
10. Humboldt County
110,313
110.313
1 1 . Imperial County
223,536
223,536
12. Kings County
67,428
67,428
13. Lake County
271,380
271.380
14. Lassen County
91,912
91,912
15. Los Angeles County
1,500,000
1,500,000
16. Mariposa County
213,873
213,873
17. Mono County
101,444
101,444
18. Napa County
246,087
246,087
19. Nevada County
83,243
83,243
20. Placer County
52,916
52.916
21. Plumas County
118,687
118.687
22. Sacramento County
370.000
370,000
23. San Bernardino County
190,000
190.000
24. San Joaquin County
376,279
376.279
25. Shasta County
523,567
523.567
26. Sierra County
57,088
57,088
27. SiskJou County
71,489
71,489
28. Solano County
232,444
232,444
29. Sonoma County
263,226
263,226
30. Sutter County
167,584
167,584
31. Tehama County
120,000
120,000
32. Trinity County
106,714
106,714
33. Tulare County
174,132
174,132
34. Tuolumne County
215,880
215,880
35. Yolo County
225,776
225,776
36. Yuba County
140,905
140,905
Total
$7,324,503
$0
$775,497
$8,100,000
Exhibit 2 -
- Example of Program Reduction
Agency A'
Agency B
Baseline State Financial Eligibility Aliocat
ion (SFEA) - FY 2004-05
$100,000
$100,000
Calendar Year 2003 Expenditures
90,000
95,000
Calendar Year 2004 Expenditures
95,000
90,000
FY 2005-06 SFEA
95,000
95,000
Exhibit 3 — Example of Reallocation of Unspent Funds
Rest of
Agency C Agencies
Baseline State Financial Eligibility Allocation (SFEA) - FY 2004-05
Calendar Year 2004 Deficit
Percent of Statewide Deficit
Unallocated Funds
Reallocation of Funds
FY 2005-06 SFEA
Calendar Year 2005 Deficit
Percent of Statewide Deficit
Unallocated Funds
Reallocation of Funds
FY 2006-07 SFEA
Total
$100,000
$8,000,000
$8,100,000
-10,000
-390,000
-400.000
2.5%
97.5%
100%
100,000
100,000
2.500
97.500
100.000
$102,500
$7,997,500
$8,100,000
-10,000
-90,000
-100,000
10.0%
90.0%
100%
10,000
10,000
1.000
9.000
10.000
$101,000
$7,999,000
$8,100,000
Page 484.4
Register 2003, No. 5; 1-31-2003
Title 14
Department of Boating and Waterways
§6595
Provided by Agency
Provided by Agency
Provided by Agency
Product of Lines 1-3
Determined by DBW
Line 4 times Line 5
Line 4 plus Line 6
Line 7 times 5%
Line 7 plus Line 8
Provided by Agency
Exhibit 4 — Example of New Program Calculation
Total Estimated Boating Safety^ and Enforcement Costs
1. Estimated Work Hours
2. Hourly Pay
3. Fringe Benefits Percent
4. Total Personnel Costs
5. Associated Operations, Maintenance & Equipment Ratio
6. Associated Operations, Maintenance & Equipment Costs
7. Estimated Boating Safety and Enforcement Direct Costs
8. Maximum Allowable Administrative Costs
9. Total Estimated Boating Safety and Enforcement Costs
Less Vessel Taxes Received by the county
FY 2003-04 Baseline State Financial Eligibility Allocation
1,300
$25.00
33%
$43,225
30%
$12,968
$56,193
$2,810
$59,003
(9,003)
$50,000
Participating Agency
1 . Amador County
2. Butte County
3. Calaveras County
4. Colusa County
5. Contra Costa County
6. Del Norte County
7. El Dorado County
8. Fresno County
9. Glenn County
10. Humboldt County
11. Imperial County
12. Kings County
13. Lake County
14. Lassen County
15. Los Angeles County
16. Mariposa County
17. Mono County
18. Napa County
19. Nevada County
20. Placer County
21. Plumas County
22. Sacramento County
23. San Bernardino County
24. San Joaquin County
25. Shasta County
26. Sierra County
27. Siskiou County
28. Solano County
29. Sonoma County
30. So. Lake Tahoe City
31. Suisun City
32. Sutter County
33. Tehama County
34. Trinity County
35. Tulare County
36. Tuolumne County
37. Yolo County
38. Yuba County
Total
Amount in Fund for FY 2004-05
FY 2004-05 Shonfall
NOTE: Authority cited: Section 663.7(k), Harbors and Navigation Code. Refer-
ence: Sections 650 and 663.7, Harbors and Navigation Code.
History
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 5).
Exhibit 5 — Example oj
Baseline State
Financial
Eligibility
Allocation
Percent of
(SFEA)
Baseline SFEA
$95,781
1.2%
148,069
1.8%
159,868
2.0%
96,091
1.2%
379,713
4.7%
130,775
1.6%
261,766
3.2%
356,210
4.4%
108,111
1.3%
110,313
1.4%
223,536
2.8%
67,428
0.8%
271,380
3.4%
91,912
1.1%
1,500,000
18.5%
213,873
2.6%
101,444
1.3%
246,087
3.0%
83,243
1.0%
52,916
0.7%
118,687
1.5%
370,000
4.6%
190,000
2.3%
376,279
4.6%
523,567
6.5%
57,088
0.7%
71,489
0.9%
193,103
2.4%
263,226
3.2%
47,713
0.6%
39,341
0.5%
167,584
2.1%
120,000
1.5%
106,714
1.3%
174,132
2.1%
215,880
2.7%
225,776
2.8%
140,905
1.7%
$8,100,000
100.0%
$7,500,000
$600,000
State Financial
FY 2004-05
Eligibility
State Financial
Allocation
Eligibility
Reduction
Allocation
$7,200
$88,581
10,800
137,269
12,000
147,868
7,200
88,891
28,200
351,513
9,600
121,175.
19,200
242,566
26,400
329,810
7,800
100,311
8,400
101,913
16,800
206,736
4,800
62,628
20,400
250,980
6,600
85,312
111,000
1,389,000
15,600
198,273
7,800
93,644
18,000
228,087
6,000
77,243
4,200
48,716
9,000
109,687
27,600
342.400
13,800
176,200 .
27,600
348,679
39,000
484,567
4,200
52,888
5,400
66,089
14,400
178,703
19,200
244,026
3,600
44,113
3,000
36,341
12,600
154,984
9,000
111,000
7,800
98,914
12,600
161,532
16,200
199,680
16,800
208,976
10,200
130,705
$600,000
$7,500,000
Article 4.6. I
i/lulti~Jurisdic
Restrictions
6595.
Prohibition of Watercraft Powered by Certain
Sparl<-lgnition Two-Stroke Engines.
Commencing October 4, 2001 , the operation of all two-stroke-en-
gine-powered watercraft on Lake Tahoe, Cascade Lake, Fallen Leaf
Page 484.5
Register 2003, No. 18; 5-2-2003
§6600
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Lake and Echo Lake, is prohibited, except watercraft powered by a two-
stroke-poweved engine whose engine is certified and labeled as meeting
either of the following pollution air emissions standards:
(a) the 2006 or later model year United States Environmental Protec-
tion emissions standards, as specified in Title 40, Code of Federal Regu-
lations, Part 91, or
(b) the 2001 or later California Air Resources Board emissions stan-
dard, as specified in Title 13, California Code of Regulations, Chapter 9,
Sections 2440 et seq.
NOTE: Authority cited: Section 660(b), Harbors and Navigation Code. Reference:
Section 660(b), Harbors and Navigation Code.
History
\. New article 4.6 (section 6595) and section filed 10-4-2001; operative
10^1-2001 pursuant to Government Code section 11343. 4 (Register 2001 , No.
40).
Article 5. Pilot Rules and Rules of the Road
§ 6600. Purpose.
Note.- Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Repealer of Sections 6600 through 6602, 6604 through 6623. 6625 through
6679, 6683 through 6696, and new Sections 6600 through 6602, 6604 through
6623, 6625 thiough 6679, 6683 through 6691 , 6694 through 6696, and amend-
ment of Section 6680 filed 5-1 1-71; effective thirtieth day thereafter (Register
71, No. 20). For prior history, see Registers 60, No. 13; 65, No. 13; 67, Nos. 30
and 48; 68, Nos. 24 and 48; 69, No. 50.
2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
3. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No.
11).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 6600.1 . Incorporation by Reference.
(a) The following rules of the road and pilot rules promulgated by the
United States Coast Guard are incorporated by reference. Copies may be
obtained from sources indicated. They are also available for inspection
at the Department of Boating and Waterways, and Archives, Secretary
of State, 1020 "O" Street, Sacramento, California 95814.
(1) SUBCHAPTER D— International Navigation Rules, Title 33,
Code of Federal Regulations, Part 81-72 COLREGS: IMPLEMENT-
ING RULES and Appendix A — Proclamation of January 19, 1977, and
72 COLREGS.
(2) SUBCHAPTER E— Inland Navigation Rules, Title 33 Code of
Federal Regulations, Part 84, Part 85, Part 86, Part 87, Part 88, and Part
89.
(3) Public Law 96-591, December 24, 1980, known as the INLAND
NAVIGATION RULES ACT OF 1980, Section 33, United States Code
2001.
(4) Subsequent modifications, amendments, and/or changes, to feder-
al regulations pertaining to rules of the road and pilot rules shall be effec-
tive in this section upon adoption.
Note: These regulations and statutes are published by the U.S. Coast Guard in
NAVIGATION RULES INTERNATIONAL— INLAND (COMMANDANT IN-
STRUCTION Ml 6672.2. (Series.)) The public may purchase copies of this pam-
phlet from the Government Prinfing Office Bookstore, ARCO Plaza Level C, 505
South Rower, Los Angeles, CA 90071. Telephone (213) 239-9844 for cost and
availability of this pamphlet.
NOTE; Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. New secUon filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No.
11).
2. Change without regulatory effect amending subsections (a) and (a)(4) filed
4-30-2003 pursuant to secfion 100, title 1, California Code of Regulations
(Register 2003, No. 18).
§ 6601 . Invalidity of Provision or of Application to
Particular Person or Circumstance.
If any provision of this article, or its application to any person or cir-
cumstances, is held invalid the remainder of this article, and the applica-
tion of its provisions to any other person or circumstance, is not affected.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 6602. Definitions.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6604. Maneuvering and Warning Signals.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6605. Sound Signal— One Short Blast.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6606. Sound Signal— Two Short Blasts.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6607. Sound Signal— Three Short Blasts.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6608. Cross Signals — Forbidden.
NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Secfion 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. II).
§ 6609. Sound Signals in Restricted Visibility.
NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§ 6610. Sound Signal — Reduced Visibility — Power Driven
Vessel Underway.
History
1. Amendment fi^led 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 661 1 . Sound Signal — Reduced Visibility — Power Driven
Vessel Towing.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6612. Sound Signal — Reduced Visibility — Vessel Towed.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
Page 484.6
Register 2003, No. 18; 5-2-2003
Title 14
Department of Boating and Waterways
§ 6618.1
§ 6613. Sound Signal— Reduced Visibility— Sail Vessel
Underway.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83. No. 5).
§6614. Application.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-28-83; effective thiitieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§6615. Safe Speed.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No.
5).
2. Editorial coirection of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6616. Reduced Visibility — Fog Signal Forward of Beam.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6617. Sound Signals — Reduced Visibility — Vessel at
Anchor.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6618. Risk of Collision.
NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 661 8.1 . Action to Avoid Collision.
NoTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
[The next page is 485.]
Page 484.7
Register 2003, No. 18; 5-2-2003
Title 14
Department of Boating and Waterways
§6631
History § 6625. Action by Give-Way Vessel.
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
^)- Sections 650 and 655.3, Harbors and Navigation Code.
2. Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 1 1). HISTORY
1 . Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
§6619. Responsibilities Between Vessels. ^^■
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: -■ Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
Sections 650 and 655.3, Harbors and Navigation Code.
History § 6626. Steering and Sailing Rules — Vessels Passing Each
1 . Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No. Other.
4)- History
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 1. Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No.
5). 4).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§6619.1. Vessel Traffic Services. §6627. Head-On Situation.
NOTE: Authority cited: Section 655.3, Harbors and Navication Code. Reference: ^OTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code. ^ Sections 650 and 655.3, Harbors and Navigation Code.
History History
1 , New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. ' ■ Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No.
5).
4).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6619.2. Conduct of Vessels in Sight of One Another.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6620. Sailing Vessels.
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6628. Overtaking.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1 . Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
Sections 650 and 655.3, Harbors and Navigation Code.
History § 6629. Crossing Situation.
1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
5). Sections 650 and 655.3, Harbors and Navigation Code.
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). HISTORY
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
§6621. Steering and Sailing Rules — Meeting of Power ^^
Driven Vessels and Sailina Vessels ^- Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
^ ■ 5).
^, ,, ,„„ ,, ^''^^?'^^ , _, , r .r. ■ ^^ XT 3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
"^^ § 6629.1 . Action by Stand-On Vessel.
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). ^OTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
§ 6622. Steering and Sailing Rules — Danger Signal.
History
1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6623. Steering and Sailing Rules — Signals Only When in
Sight.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-1 5-85; effecfive thirtieth day thereafter (Register 85, No. 11).
§ 6630. Steering and Sailing Rules — Vessels Nearing Bend
or Curve in Channel; Moving from Docks.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
2).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6630.1 . Conduct of Vessels in Restricted Visibility.
NOTE; Authority cited: Secfion 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6624. Narrow Channels.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 7-28-67; effective thirtieth day thereafter (Register 67, No.
30).
2. Amendment filed 12-1 1-69; effective thirtieth day thereafter (Register 69, No. § 6631 . Responsibility.
'' NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
3. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. Sections 650 and 655.3, Harbors and Navigation Code.
^^- History
4. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5). 5).
5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
Page 485
Register 96, Nos. 30-31; 8-2-96
§6632
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 6642. Passing Floating Plant — Speed of Vessels Passing
Floating Plant Working in Channels.
History
] . Repealer filed 1-28-83; effective thiilieth day thereafter (Register 83, No. 5).
§ 6643. Passing Floating Plant— Light-Draft Vessels
Passing Floating Plant.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6644. Passing Floating Plant — Aids to Navigation
Marking Floating-Plant Moorings.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6645. Passing Floating Plant — Obstruction of Channel by
Floating Plant.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6646. Passing Floating Plant — Clearing of Channels.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6647. Passing Floating Plant — Protection of Marks
Placed for the Guidance of Floating Plant.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6648. Lights and Shapes — Application.
NOTE; Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
the Bottom or Partly Submerged, or Which May l. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
§ 6632. Steering and Sailing Rules — Passing Floating
Plant Working in Navigable Channels — Passing
Signals.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6633. Copy of Rules.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1 . Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83. No.
45).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1 ).
§ 6634. Day Signals and Day Marks — Vessels over 65 Feet
in Length Moored or at Anchor.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6635. Day Signals and Day Marks— Signals to Be
Displayed by a Towing Vessel When Towing a
Sut>merged or Partly Submerged Object upon
a Hawser When No Signals Can Be Displayed
upon the Object Which Is Towed.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6636. Day Signals and Day Marks — Power Driven
Vessels, Derrick Boats, Lighters, or Other
Types of Vessels Made Fast Alongside a
Wreck, or Moored over a Wreck Which Is on
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. New subsection (f) filed 10-31-83; effective thirtieth day thereafter (Register
83, No. 45).
4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§ 6648.1. Running Lights — Vessels — When Operating on
"Inland Waters."
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6648.2. Running Lights — Vessels — When Operating on
"Inland Waters" — Visibility of Lights.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
1 . Repealer filed 1-23-83; effective thirtieth day thereafter (Register 83, No. 5). Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
Be Drifting.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6637. Day Signals and Day Marks— Dredges Held in
Stationary Position by Moorings or Spuds.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
2. Editorial correction deleting repealed text pursuant to 1-28-83 order filed
4-12-84 (Register 84, No. 15).
§ 6638. Day Signals and Day Marks — Self-Propeliing
Suction Dredges Underway and Engaged in
Dredging Operations.
History
§ 6639. Day Signals and Day Marks — Vessels Moored or
Anchored and Engaged in Laying Cables or
Pipe, Submarine Construction, Excavation,
Matsinking, Bank Grading, Dike Construction,
Revetment, or Other Bank Protection
Operations.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6640. Day Signals and Day Marks — Day Marks for
Fishing Vessels with Gear Out.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6641. Passing U.S. Coast Guard Vessel Handling or
Servicing Aid to Navigation.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6648.3. Positioning and Technical Details of Lights and
Shapes.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§ 6648.4. Additional Signals for Fishing Vessels Fishing in
Close Proximity.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigafion Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83. No.
5).
Page 486
Register 96, Nos. 30-31; 8-2-96
Title 14
Department of Boating and Waterways
§6654
2. Repealer filed 3-15-85;effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6649. Running Lights— Vessels— When Operating on § 6649.7. Running Lights— Seaplanes— When Operating
"Inland Waters"— Power-Driven Vessels on "Inland Waters."
Underway. Note; Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 6553, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment of subsections (b) and (c) filed 5-13-80; effective thirtieth day
thereafter (Register 80, No. 20).
3. Repealer and new section filed 1-28-83; effective thirtieth day thereafter (Reg-
ister 83, No. 5).
4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§ 6649.1. Running Lights — Vessels — When Operating on
"Inland Waters" — Towing and Pushing.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 1 1 ).
§ 6649.8. Lights on Barges at Bank or Dock.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
45).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1 ).
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. § 6650. Running Lights— Vessels— While Operating on the
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
"High Seas."
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Secfions 652 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
35).
3. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
4. Amendment filed 1 0-31-83; effective thirtieth day thereafter (Register 83, No.
45).
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6649.2. Running Lights — Vessels — When Operating on
"Inland Waters" — Sailing Vessels Underway
and Vessels Under Oars.
NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
5).
2. Repealer filed 3-15-85; effecfive thirtieth day thereafter(Register 85, No. 11). § 6650.1. Positioning and Technical Details of Lights
Required for Use on Vessels Operating on the
§ 6649.3. Running Lights— Vessels— When Operating on "High Seas."
"Inland Waters"— Fishing Vessels. NotE: Authority cited: Sections 82, 652 and 655.3, Harbors and Navigation Code.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. HISTORY
History l . New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No.
1. New secfion filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 35).
5). 2. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 45).
3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6651. Towing Astern — Running Lights — Power Driven
Vessels Less Than 26 Feet in Length.
History
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. ^- Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. ^'
History 2- Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5). § 6652. Towing Astern — Running Lights — Power Driven
2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). Vessels 26 Feet or Over In Length.
History
§ 6649.5. Running Lights — Vessels — When Operating on l- Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
"Inland Waters." 4)
NOTE: Authority cited: Sections 652 and 655.3, Haibors and Navigation Code. ^- Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History § 6653. Towing Alongside — Running Lights — Power
1. New section filed 1-28-83; effective thirtietii day thereafter (Register 83, No. Driven Vessels LesS Than 26 Feet in Length.
5)- History
2. Repealer filed 3-15-85;effective thirtieth day thereafter (Register 85, No. 11). 1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6654. Towing Alongside — Running Lights — Power
Driven Vessels 26 Feet or Over In Length.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
§ 6649.4. Running Lights — Vessels — When Operating on
"Inland Waters" — Vessels Not Under
Command or Restricted in Their Ability to
Maneuver.
§ 6649.6. Running Lights — Vessels — When Operating on
"Inland Waters" — Anchored Vessels and
Vessels Aground.
NOTE: Authority cited: Section 652 and 655.3, Harbors and Navigation Code
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No
5).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
Page 487 Register 96, Nos. 30-31; 8-2-96
§6655
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 6655. Pushing Ahead— Running Lights— Power Driven
Vessels Less Than 26 Feet in Length.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6656. Pushing Ahead — Running Lights — Power Driven
Vessels 26 Feet and Over in Length.
History
1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 2. Amendment of subsections (f) and (g) filed 5-13-80; effective thirtieth day
thereafter (Register 80, No. 20).
3. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83. No. 5).
§ 6667. Ferryboats — Running Lights.
History
1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77. No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6668. Lights for Barges, Canal Boats, Scows, and Other
Nondescript Vessels.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Sections 652 and 655.3, Harbors and Navigafion Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
§ 6657. Lights to Be Displayed by a Towing Vessel When
Towing a Submerged or Partly Submerged
Object upon a Hawser When No Signals Can
Be Displayed upon the Object Which Is
Towed — Power Driven Vessels.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6658. Sailing Vessel— Running Lights — Starboard Side.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6659. Sailing Vessel — Running Lights — Port Side.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6660. Sailing Vessel— Running Lights— Side Light
Screen.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6661. Sailing Vessel — Running Lights — Stern,
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6662. Small Vessel— Running Lights— Less Than 10
Gross Tons.
NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 652 and 655.3, Harbors and Navigafion Code.
History
1 . Amendment filed 5-1 3-80; effecfive thirtieth day thereafter (Register 80, No.
20).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6663. Sailing Vessel — Running Lights— Motorboat
Propelled by Sail Alone.
History
1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
§ 6664. Vessels Towed— Lights.
History
§ 6669. Barges, Canal Boats, Scows, and Other
Nondescript Vessels Temporarily Operating on
Waters Requiring Different Lights.
History
1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6670. Visibility Requirement of Lights on Floating Plants.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6671 . Power Driven Vessels, Derrick Boats, Lighters, or
Other Types of Vessels Made Fast Alongside a
Wreck, or Moored over a Wreck Which Is on
the Bottom or Partly Submerged, or Which May
Be Drifting — Lights.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6672. Dredges Held in Stationary Position by Moorings
or Spuds — Lights.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6673. Self-Propelling Suction Dredges Underway and
Engaged in Dredging Operations — Lights.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6674. Vessels Moored or Anchored and Engaged in
Laying Cable or Pipe, Submarine Construction,
Excavation, Matsinking, Bank Grading, Dike
Construction, Revetment, or Other Bank
Protection Operations — Lights.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6675. Lights on Dredge Pipelines.
NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigafion Code.
Reference: Sections 652 and 655.3, Harbors and Navigation Code.
History
1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. ^ Amendment filed 5-13-80; effecfive thirtieth day thereafter (Register 80, No.
4).
20).
2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83. No.
5).
§ 6665. Trawling, Dredging or Fishing — Lights.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6666. Rowing Boats — Running Lights.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
3. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 1 1).
§ 6675.1. Pipelines Disengaged from Dredges — Lights.
NOTE: Authority cited: Secfion 652, Harbors and Navigation Code. Reference:
Sections 652 and 655.3, Harbors and Navigafion Code.
History
1. New secfion filed 5-13-80; effective thirtieth day thereafter (Register 80, No.
20).
Page 488
Register 96, Nos. 30-31; 8-2-96
Title 14
Department of Boating and Waterways
§6692
•
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6676. Floating Plant— Lights.
Note-. Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 652 and 655.3, Harbors and Navigation Code.
History
1 . Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 11).
§ 6677. Rafts and Other Craft— Lights.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6678. Vessels Other Than Raft or Rowboat— Lights.
History
i. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6679. Raft— Lights.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6680. Lights of Vessel at Anchor.
NOTE: Authority cited: Section 38, Harbors and Navigation Code. Reference:
Section 652, Harbors and Navigation Code.
History
1. Amendment filed 5-11-71; effecfive thirtieth day thereafter (Register 71, No.
20). For prior history see Register 68, No. 48.
2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
3. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6681. Anchor Lights— Vessel Under 150 Feet in Length.
History
1. Repealer filed 12-19-68; effecfive thirtieth day thereafter (Register 68, No. 48).
§ 6682. Vessel Not More Than 65 Feet in Length— Special
Anchorage Area — Lights.
History
1. Repealer filed 12-19-68; effective thirtieth day thereafter (Register 68, No. 48).
§ 6683. Lights for an Overtaken Vessel.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6684. Special Signals to Attract Attention.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Sections 652 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No.
4).
2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
3. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 1 1).
§ 6685. White Lights for Power Driven Vessels Carried on
Centerline.
History
1 . Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No.
4).
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6686. Towing of Barges — Tows of Seagoing Barges
Within Waters of California.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6687. Towing of Barges — Hawser Length — General.
History
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6688. Towing of Barges — Hawser Length— Exceptions.
History
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5).
§ 6689, Towing of Barges — Bunching of Tows.
History
1. Repealer filed 1-28-83; effecfive thirfieth day thereafter (Register 83, No. 5).
§ 6690. Look-Out.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code.
Reference: Secfions 652 and 655.3, Harbors and Navigafion Code.
History
1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-1 5-85; effecfive thirtieth day thereafter (Register 85, No. 1 1 ).
§ 6691 . Distress Signals — Recognized.
NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code.
Reference: Secfions 652 and 655.3, Harbors and Navigation Code.
History
1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 11).
§ 6692. Visual Distress Signals — Required.
(a) Applicability. Except for Section 6692.1 of Title 14 of the Califor-
nia Code of Regulations, these rules apply to boats on coastal waters of
California as defined in (b) (2) of this section.
(b) Definitions.
(1) ''Visual distress signal" means a device that is approved by the
Commandant of the United States Coast Guard under Title 46, Code of
Federal Regulations, Part 160, or certified by the manufacturer under
Title 46, Code of Federal Regulations, Parts 160 and 161 .
(2) "Coastal Waters" means the high seas of the State of California as
defined in Section 6552(0 of Title 14 of the California Code of Regula-
tions.
(3) "Passenger" means every person carried on board a vessel other
than:
(A) The owner or his representative;
(B) The operator;
(C) Bona fide members of the crew engaged in the business of the ves-
sel who have contributed no consideration for their carriage and who are
paid for their services; or
(D) Any guest on board a vessel which is being used exclusively for
pleasure purposes who has not contributed any consideration, directly or
indirectly, for his carriage.
(c) Visual distress signals required.
( 1 ) No person may use a boat 1 6 feet or more in length or any boat car-
rying six or less passengers for hire unless visual distress signals selected
from the list in paragraph (i) of this section, or the alternatives in para-
graph (j) of this section in the number required are on board. Devices suit-
able for day use and devices suitable for night use, or devices suitable for
both day and night use must be carried.
(2) Between sunset and sunrise, no person may use a boat less than 1 6
feet in length unless visual distress signals, suitable for night use, selected
from the list in paragraph (i) of this section, or paragraph (j) of this sec-
tion, in the number required are on board.
(d) Launchers. When a visual distress signal carried to meet the re-
quirements of paragraph (c) of this section requires a launcher to activate,
then a launcher approved under Title 46, Code of Federal Regulations,
Part 160.28, must also be carried.
(e) Exceptions. The following persons need not comply with para-
graph (c) of this section; however, each must carry on board visual dis-
tress signals suitable for night use, selected from the list in paragraph (i),
or paragraph (j) of this section, in the number required, between sunset
and sunrise:
(1) A person competing in any organized marine parade, regatta, race,
or similar event;
(2) A person using a manually propelled boat; or
(3) A person using a sailboat of completely open construction not
equipped with propulsion machinery, under 26 feet in length.
Page 489
Register 99, No. 2; 1-8-99
§ 6692.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(0 Stowage. No person may use a boat unless the visual distress sig-
nals required by paragraph (c) of this section are readily accessible.
(g) Serviceability. No person may use a boat unless each signal re-
quired by paragraph (c) of this section is in serviceable condition, and the
service life of the signal, if indicated by a date marked on the signal, has
not expired.
(h) Marking. No person may use a boat unless each signal required by
paragraph (c) of this section is legibly marked with the approval number
or certification statement, as specified in Title 46, Code of Federal Regu-
lations. Parts 160 and 161.
(i) Visual distress signals accepted. Any of the signals listed in the fol-
lowing table, when carried in the number required, can be used to meet
the requirements of paragraph (c) of this section.
( 1 ) An electric distress light meeting the standards of 46 CFR 161.01 3.
One is required to meet the night only requirement.
(2) An orange flag meeting the standards of 46 CFR 1 60.072. One is
required to meet the day only requirement.
(3) Pyrotechnics meeting the standards noted in the following table.
TABLE
Approved
Number
Under
46 CFR Pyrotechnic Signal Devices
160.021 . . . Hand-Held Red Flaie Distress Signal 3
Number
Required
Accepted to Be
for Use Carried
Day and night 3
160.022 . . . Floating Orange Smoke Distress Signals Days only
160.024 . . . Pistol-Projected Pai-achute Red Flare
Distress Signals.
Day and night '
3
160.036 . .
. Hand-Held Rocket-Propelled Para-
chute Red Flare Distress Signals
Day and night
3
160.037 . .
. Hand-Held Orange Smoke Distress
Signals.
Day only
3
160.057 . .
. Floating Orange Smoke Distress Signals
Day only
3
160.066 . .
. Distress Signal for Boats, Red Aerial
Pyrotechnic Flare
Day and night -
3
' These signals require use in combination with a suitable launching device ap-
proved under Title 46, Code of Federal Regulations, Part 160.028.
2 These devices may be either self-contained or pistol launched, and either me-
teor or parachute assisted type. Some of these signals may require use in combina-
tion with a suitable launching device approved under Title 46, Code of Federal
Regulations, Part 160.028.
3 Must have manufacturers date of October 1, 1980 or later.
(j) Any combination of signal devices selected from the types noted
in paragraphs (i)(l), (2), and (3) of this section, when carried in the num-
ber required, may be used to meet both day and night requirements. Ex-
amples— the combination of the two hand-held red flares (160.021) and
one parachute red flare (160.024 or 160.036) meets both day and night
requirements. Three hand-held orange smoke (160.037) with one elec-
tric distress light (161.013) meet both day and night requirements.
(k) Existing equipment.
(1) Launchers manufactured before 1 January, 1981, which do not
have approval numbers, are acceptable for use with meteor or parachute
signals listed in table in Section (i)(3) as long as they remain in service-
able condition.
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference:
Section 650, Harbors and Navigation Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment of subsection (a)(2) filed 8-28-86; effective thirtieth day thereafter
(Register 86, No. 35).
3. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49).
4. New subsections (b)(3)-(b)(3)(D) filed 10-17-91; operative 1 1-18-91 (Regis-
ter 92, No. 30).
5. Amendment of subsections (a), (b)(2), and (c)(1), repealer of subsection (/) and
amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6692.1 . Visual Distress Signals— Prohibited Use.
No person in a boat shall display a visual distress signal on waters of
the State under any circumstance except a situation where asssistance is
needed because of immediate or potential danger to persons on board.
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference:
Sections 650 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
§ 6694. Orders to Helmsman.
History
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5).
§ 6695. Searchlights or Other Blinding Lights.
(a) Except for law enforcement or search and rescue activities, flash-
ing a searchlight or other blinding light onto the bridge or onto the pilot-
house of any vessel underway is prohibited.
(b) All floodlights or headlights which may interfere with the proper
navigation of an approaching vessel shall be so shielded that the lights
will not blind the pilot of such vessel.
NOTE: Authority cited: Secfion 655.3, Harbors and Navigation Code. Reference:
Section 655.3, Harbors and Navigafion Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
2. Amendment of Note filed 7-24-96; operafive 8-23-96 (Register 96, No. 30).
§ 6696. Unnecessary Use of Sound Signaling Device.
NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigafion Code.
Reference: Sections 652 and 655.3, Harbors and Navigation Code.
History
1 . Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1).
§ 6697. Prima-Facie Evidence of Negligent Operation.
Pursuant to the provisions of Section 655 of the Harbors and Naviga-
tion Code, the following described acts endanger life, limb or property
and constitute evidence of reckless or negligent operation:
(a) Riding on the bow, gunwale or transom of a vessel propelled by
machinery underway when such position is not protected by railing or
other reasonable deterrent to falling overboard, or riding in a position or
manner which is obviously dangerous. These provisions shall not apply
to a vessel's crewmen in the act of anchoring, mooring or making fast to
a dock or another vessel, or the necessary management of a sail.
(b) Maneuvering towed skiers, or other devices, so as to pass the tow-
line over another vessel or its skier.
(c) Navigating a vessel, skis or other devices between a towing vessel
and its tow or tows.
NOTE: Authority cited: Section 655, Harbors and Navigation Code. Reference:
Sections 650, 655 and 655.3, Harbors and Navigation Code.
History
1 . New section filed 10-13-72; effective thirtieth day thereafter (Register 72, No.
42).
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
Article 5.1 . Closure of Waterways to
Recreational Boating
§6698.1. Definitions.
The following definitions shall apply to the terminology used in this
article:
(a) "department" means the Department of Boating and Waterways.
(b) "director" means the director of the Department of Boating and
Waterways.
(c) "Sacramento-San Joaquin Delta and its tributaries and distributa-
ries" means all or any part of the area identified in Section 12220 of the
California Water Code and waterways flowing into and out of the Sacra-
mento-San Joaquin Delta.
(d) "recreational vessel" means a vessel being used only for pleasure.
•
Page 490
Register 99, No. 2; 1-8-99
Title 14
Department of Boating and Waterways
§7000
Note.- Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Naviga-
tion Code. Reference: Sections 33, 63.9(e), 650, 651 and 660(b) and (c). Harbors
and Navigation Code; Section 8558(b) and (c), Govemmenl Code; Executive Or-
der W-156-97; and Attorney General Opinion No. 97-307.
Hlstory
1. New article 5.1 (sections 6698.1-6698.3) and section filed 2-6-98 as an emer-
gency; operative 2-6-98 (Register 98, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-8-98 or emergency language will be repealed by
operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346. J (g) (Register 99,
No. 2).
3. Amendment of article heading and new section filed 1^-99; operative l^^-99
pursuant to Government Code section ] 1343.4(d) (Register 99, No. 2).
§ 6698.2. Director's Authority for Restrictions or Closures.
(a) During emergency situations, sucii as actual or projected high wa-
ter levels or flooding, and in the interest of preserving the safety of per-
sons and property, the director, or his or her designee, may restrict or or-
der the closure of all or any part of the waters in the Sacramento-San
Joaquin Delta, its tributaries and distributaries, and Suisun Bay, Grizzly
Bay, and Honker Bay and their tributaries and distributaries to recre-
ational vessels.
(b) In accordance with Section 660 of the Harbors and Navigation
Code, all emergency restrictions or closures issued by the Department
shall be effective for no more than 60 days. However, the director, or his
or her designee may issue new restrictions or closures when the emergen-
cy is expected to continue beyond the 60 day period, after a public hear-
ing is held by the department to receive comments from the public.
(c) The director, or his or her designee, may rescind or modify the re-
strictions or closures based on the status of the emergency conditions
and/or the information or testimony provided at the public hearing refer-
enced in subsection (b) above.
(d) When the director, or his or her designee, determines that the emer-
gency situation, such as high water levels or flooding, has diminished, a
notice shall be issued to law enforcement agencies, marinas, and news
organizations rescinding the restrictions or closure.
NOTE: Authority cited: Sections 63.9(e) and 660(b) and (c). Harbors and Naviga-
tion Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c). Harbors and
Naviaation Code; Executive Order W-156-97; and Attorney General Opinion
No, 9V307.
History
1. New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No.
6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emer-
gency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 99,
No. 2).
3. New section filed 1^1-99; operative 1-4-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 2).
§ 6698.3. Removal of Restrictions or Closures.
NOTE: Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Naviga-
tion Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c). Harbors and
Navigation Code; Section 8558(b) and (c). Government Code; and Executive Or-
der W-156-97.
History
1 . New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No.
6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emer-
gency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11 346. 1(g) (Register 99,
No. 2).
Article 6. Waterway Marking System
§ 7000. Scope.
Pursuant to the authority vested in it by Section 659, Harbors and Nav-
igation Code, the Department adopts rules and regulations for a uniform
system for marking the State's waters; such rules and regulations to es-
tablish, (a) a system of regulatory markers for use on all waters of the
State to meet needs not provided for by the U.S. Coast Guard system of
navigational aids, and (b) a system of navigational aids for use on the wa-
ters of the State not marked by the U.S. Coast Guard and/or not deter-
mined to be United States navigable waters; provided that such rules and
regulations shall not be in conflict with the markings prescribed by the
U.S. Coast Guard.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
[The next page is 491.
Page 490.1
Register 99, No. 2; 1-8-99
Title 14
Department of Boating and Waterways
§7003
History
1 . Amendment of Article 6 (Sections 7000 through 7008) filed 5-1 1-71 ; effective
thirtieth day thereafter (Register 71, No. 20). For prior history see Recisters 66,
No. 43 and 69, No. 44.
2. Editorial correction of NOTE filed 10-1 1-85 (Register 83, No. 41).
§ 7001. Definition (as used in this article).
(a) Waterway marker is any device designed to be placed in, on or near
the water to convey an official message to a boat operator on matters
which may affect health, safety, or well being, except that such devices
of the United States or an agency of the United States are excluded from
the meaning of this definition.
(b) Regulatory Marker is a waterway marker which has no equivalent
in the U.S. Coast Guard system of navigational aids.
(c) State Aid to Navigation is a waterway marker which is the equiva-
lent of a U.S. Coast Guard aid to navigation.
(d) Buoy is any device designed to float which is anchored in the water
and which is used to convey a message.
(e) Sign is any device for carrying a message which is attached to
another object such as a piling, buoy, stmcture or the land itself.
(f) A Display Area is the area on a sign or buoy needed for display of
a waterway marker symbol.
(g) Symbols are geometric figures such as a diamond, circle, rectangle,
used to convey a basic message.
(h) "Department" means the Department of Boating and Waterways.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7002. Waterway Mariners Used on the Waters of This
State Shall Be As Follows.
(a) State Aids to Navigation.
(1) A red buoy or sign shall indicate that side of a channel to be kept
to the right of a vessel when entering the channel from the main water
body or when proceeding upstream; a green buoy or sign shall indicate
that side of a channel to be kept to the left of a vessel when entering the
channel from the main water body or when proceeding upstream.
These buoys or signs shall normally be used in pairs and only for the
purpose of marking a clearly defined channel.
(2) A red and white vertically striped buoy or sign shall indicate the
center of a navigable waterway.
(3) A red and green horizontally striped buoy or sign shall indicate a
junction in the channel, or a wreck or obstruction which may be passed
on either side. If the top band is red, the preferred channel is to the left
when proceeding upstream or leaving the main water body. If the top
band is green the preferred channel is to the right when proceeding up-
stream or leaving the main water body.
(4) White buoys shall indicate anchorage areas.
(5) The shapes of state aids to navigation shall be compatible with the
shapes established by Coast Guard regulations for the equivalent Coast
Guard aids to navigation.
(6) When lights are placed on buoys as an aid to navigation, their char-
acteristics shall be compatible with those designated by Federal Regula-
tions for federal aids to navigation. Red lights for this purpose shall be
used only on red buoys and green lights only on green buoys.
(b) Regulatory Markers.
(1) A diamond shape of international orange with white center shall
indicate danger. The nature of the danger may be indicated by words or
well-known abbreviations in black letters inside the diamond shape, or
above and/or below it on white background.
(2) A diamond shape of international orange with a cross of the same
color within it against a white center without qualifying explanation shall
indicate a zone from which all vessels are excluded.
(3) A circle of international orange with white center will indicate a
control or restriction. The nature of the control or restriction shall be indi-
cated by words, numerals, and/or well-known abbreviations in black let-
ters inside the circle. Additional explanation may be given above and/or
below ii in black letters on white background.
(4) A rectangular shape of international orange with white center will
indicate information, other than a danger, control or restriction, which
may contribute to health, safety or well-being. The message will be pres-
ented within the rectangle in black letters.
(c) Letters or Numbers on Waterway Markers.
(1) Numbers, letters or words on a state aid to navigation or regulatory
marker shall be placed in a manner to enable them to be clearly visible
to an approaching or passing vessel. They shall be block style, well pro-
portioned and as large as the available space permits. Numbers and letters
on red or black backgrounds shall be white; numbers and letters on white
backgrounds shall be black.
(2) State aids to navigation shall be numbered or lettered for identifica-
tion. Red buoys and signs marking channels shall be identified with even
numbers, and green buoys and signs marking channels shall be identified
with odd numbers, the numbers increasing from the main water body or
proceeding upstream. Buoys and signs indicating the center of a water-
way or a channel junction shall be identified by letters of the alphabet.
All numbers and letters used to identify state aids to navigation shall be
preceded by the letters "CF."
(d) Reflectorized Material. Where reflectorized materials are used, a
red reflector will be used on a red buoy, a green reflector on a green buoy,
and white reflectors only will be used on all other waterway markers, ex-
cept that orange reflectors may be used on orange portions of regulatory
markers, and yellow reflectors may be used on Special Markers, as de-
fined in Section 7002.1.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No.
11).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85 No. 41).
§ 7002.1. Special Markers.
Special markers are not primarily intended to assist navigation, but are
used to indicate a special area or feature (i.e., traffic separation, anchor-
age areas, dredging, fish net areas, etc.) whose nature may be apparent
from reference to a chart or other nautical document.
(a) Aids used to mark these areas or systems will be all yellow.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650, 655.3, and 659, Harbors and Navigation Code.
History
1. New section filed 3-15-85; effective thirtieth day thereafter (Register 85, No.
11).
§ 7003. Authority to Place Markers.
(a) No waterway marker shall be placed on, in, or near the waters of
the State unless such placement is authorized by the agency or political
subdivision of the State having power to give such authorization, except
that the provisions of this section shall not apply to private aids to naviga-
tion under the jurisdiction of the U.S. Coast Guard.
(b) Such agency or political subdivision of the State will, prior to au-
thorizing placement, obtain the necessary clearances of any federal and
state agencies concerned. Nothing herein contained shall be construed to
require such prior clearance with the Department.
(c) The agency or political subdivision of the State authorizing the
placement of a waterway marker will inform the Department of the fol-
lowing:
(1) Exact location of the marker, expressed in latitude and longitude,
or in distance and direction from one or more fixed objects whose precise
location is known.
(2) The description and purpose of the marker, including its identify-
ing number, if any, as required by Section 7002(a)(5), above.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
Page 491
Register 96, Nos. 30-31; 8-2-96
§7004
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7004. Maintenance of Waterway Markers.
Waterway markers shall be maintained in proper condition, or be re-
placed or removed.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Regi,ster 85, No. 41).
§ 7005. Display of Waterway Markers.
(a) A waterway marker may be displayed as a sign on a fixed support,
as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy.
(b) When a buoy is used to carry a symbol on its surface, it will be
white, with a band of international orange at the top and a band of interna-
tional orange above the water line at the bottom.
(c) A buoy whose sole purpose is to carry a sign above it will be marked
with three bands of international orange alternating with two bands of
white, each band occupying approximately one-fifth of the total area of
the buoy above the water line, except where the sign itself carries orange
bands; however, nothing in these regulations will be construed to prohibit
the mounting of a sign on a buoy which has been placed for a purpose
other than that of carrying a sign.
(d) When symbols are placed on signs, a suitable white background
may be used outside the symbol.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7006. Specifications for Waterway Markers.
(a) The size, shape, material, and construction of all markers, both
fixed and floating, shall be such as to be observable under normal condi-
tions of visibility at a distance such that the significance of the marker or
aid will be recognizable in time to avoid danger.
(b) Waterway markers shall be made of materials which will retain, de-
spite weather and other exposures, the characteristics essential to their
basic significance, such as color, shape, legibility and position.
NOTE; Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7007. Other Waterway Marking Devices.
(a) Mooring Buoys. In order that mooring buoys shall not be mistaken
for aids to navigation or regulatory markers, they shall be white, with a
blue band clearly visible above the waterline.
(b) Placement of markers such as mooring buoys and permanent race
course markers will be processed in the same manner as waterway mark-
ers.
(c) Such markers shall not be of a color, shape, configuration or mark-
ing which could result in their confusion with any federal or state aid to
navigation or any state regulatory marker, and shall not be placed where
they will obstruct navigation, cause confusion, or constitute a hazard.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650 and 659, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 2. Amend-
ment of subsection (a) filed 11-25-87; operative 12-25-87 (Register 87, No.
49).
§ 7008. The Divers Flag.
(a) A red flag with a white diagonal running from the upper left hand
comer to the lower right hand comer (from masthead to lower outside
comer) and known as the "Divers Flag" shall when displayed on the wa-
ter, indicate the presence of a person engaged in diving in the water in the
immediate area.
(b) Recognition of this flag by regulation will not be constmed as con-
ferring any rights or privileges on its users, and its presence in a water
area will not be construed in itself as restricting the use of the water area
so marked.
(c) Operators of vessels will, however, exercise precaution commen-
surate with conditions indicated.
(d) This flag may be displayed only when diving is in progress, and its
display in a water area when no diving is in progress is that area will con-
stitute a violation of the regulation and of section 659 of the Harbors and
Navigation Code.
(e) Nothing in this section will require the carriage of a divers flag for
any purpose.
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference:
Sections 650, and 659, Harbors and Navigation Code.
History
1. Editorial correction on NOTE filed 10-1 1-85 (Register 85, No. 41).
2. Amendment of subsection (d) substituting "may" for "shall" and new subsec-
tion (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7009. The Ski Flag.
(a) A red or orange flag measuring no less than 12 inches on each side,
in the shape of a square or rectangle, mounted or displayed in such a man-
ner as to be visible from every direction shall be known as a ski flag.
(b) The use of this flag will not be constmed as conferring any rights
or privileges on its users, and its display will not be constmed in itself as
restricting the use of the water in the vicinity of the vessel displaying the
flag.
(c) Operators of vessels will, however, exercise precaution commen-
surate with conditions indicated.
(d) The ski flag shall be displayed when one or more of the following
conditions exists.
(1) A downed skier.
(2) A skier in the water preparing to ski.
(3) A ski line extended from the vessel.
(4) A ski in the water in the vicinity of the vessel. The ski flag shall not
be displayed at any other time.
NOTE: Authority cited: Secfions 652, 658, 658.7 and 659, Harbors and Navigation
Code. Reference: Sections 650, 655.3, 658.7 and 659, Harbors and Navigation
Code.
History
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment of subsecfion (d) substituting "may" for "shall" and new subsec-
don (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
3. Amendment of subsections (a)-(b) and (c) and Note, new subsections
(d)(l)-(4) and repealer of subsection (e) filed 10-17-91; operative 11-18-91
(Register 92, No. 30).
Article 7.
For Hire Vessel Operator's
License
§ 7500. Definitions.
(a) As used in Article 2, (commencing with Section 760) Chapter 5 of
Division 3, Harbors and Navigation Code, the terms "carrying more than
three passengers for hire" and "carrying passengers for hire" mean the
carriage of more than three persons by a vessel for a valuable consider-
ation, whether directly or indirectly flowing to the owner, charterer, oper-
ator, agent or any other person interested in the vessel.
(b) "Passenger" means every person, other than the master and a mem-
ber of the crew or other persons employed or engaged in any capacity on
board a vessel in the business of that vessel.
(c) "Department" means the Department of Boating and Waterways.
NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference:
Section 760, Harbors and Navigation Code.
History
1. Amendment of Article 7 ( §§ 7500 through 7505) filed 5-1 1-71; effective thir-
tieth day thereafter (Register 7 1 , No. 20). For prior history see Registers 66, No.
43 and 69, No. 8.
2. Amendment of subsection (a) filed 1-18-77; effective thirtieth day thereafter
(Register 77, No. 4).
3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 7).
Page 492
Register 96, Nos. 30-31; 8-2-96
Title 14
Department of Boating and Waterways
§7503
4. Amendment of subsection (a) filed 5-13-80; effective thirtieth day thereafter
(Register 80, No. 20).
5. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7501 . Requirements for Examination.
(a) Prior to the issuance of a For-Hire Vessel Operator's License, ev-
ery applicant shall meet the following requirements:
(1) Have attained the age of eighteen (18) years.
(2) Show evidence of at least one year's experience in operating the
type of motorboat or motor vessel for which the applicant requests li-
cense to operate, on the type of water for which applicant requests license
to operate.
(A) (Reserved)
(B) Other experience or training, which in the judgment of the Depart-
ment is a reasonable equivalent, may be substituted.
(3) Furnish information to the Department on forms provided by the
Department regarding the following:
(A) Name, address, date and place of birth, and description of appli-
cant.
(B) Type of vessel the applicant requests license to operate.
(C) Waters on which applicant requests license to operate.
(D) Statement as to physical defects.
(E) Statement of experience and training in vessel operation.
(F) Certified statements regarding applicant's boat handling ability
and moral character from three persons having knowledge of these mat-
ters but who are not members of the applicant's family.
(G) Certification of the truth of the statements submitted in his applica-
tion.
(H) Applicant's signature.
(4) Submit a report, on forms provided by the Department, of a medical
examination by a licensed physician within sixty (60) days of the date of
application indicating:
(A) Diseases and other physical or mental defects. Conditions such as
epilepsy, insanity, senility, acute general disease or neurosyphilis, badly
impaired hearing, or other defect that would render the applicant incom-
petent to perform the ordinary duties of a licensed operator are grounds
for refusal to issue a license.
(B) Possession, either with or without glasses, of at least 20/20 vision
in one eye and at least 20/40 in the other. The applicant who wears
glasses, however, must also be able to pass a test without glasses of at
least 20/100 in both eyes.
(C) Unimpaired color sense as tested by a test utilized by the U.S.
Coast Guard to determine color sense, or a similar test. This requirement
may be waived if the operation of vessels for which the license is sought
will be limited to hours of daylight; provided that any license issued on
the basis of such waiver will be limited to operation of vessels during
hours of daylight.
(D) Any of the requirements of this subdivision (4) may be waived
where the Department determines that because of exceptional and unusu-
al experience and skill or because of other unusual qualifications, the
applicant evidences that he is a reliable and competent operator of the
type of vessel for which he requests license to operate, on the water on
which he requests license to operate. In granting any such waiver, the De-
partment may impose such restrictions, limitations and conditions on the
operation of for-hire vessels by such applicant as the Department deems
necessary for the safety and protection of all persons carried on board
such vessels.
(5) Successfully complete a written test of knowledge of factors affect-
ing boat operation, including:
(A) State laws and regulations governing operation and equipment of
undocumented vessels.
(B) Fire protection measures.
(C) Vessel and motor maintenance.
(D) Navigational aids.
(E) Safe operation of motorboats.
(F) First aid and life saving measures.
(6) In addition to the above requirements, an actual demonstration of
the applicant's ability to exercise ordinary and reasonable control in op-
erating a vessel may also be required.
(b) Upon presentation to the Department of a valid master's, mate's,
or operator's license issued by the U.S. Coast Guard as authorized by 46
CFR 15.605 and 15.607, the Department may waive the requirements
listed in subdivisions (2), (3) (F), (4), (5) and (6) of subsection 7501(a).
(c) The Department may at any time terminate restrictions, limitations
and conditions placed on a license whenever the licensee furnishes evi-
dence that the basis for the restrictions, limitations and conditions no
longer exists.
NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference:
Section 767, Harbors and Navigation Code.
History
1 . Amendment of subsection (a)(4)(B) filed 9-6-73; effective thirtieth day there-
after (Register 73, No. 36).
2. Order of Repeal of subsection (a)(2)(A) filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 11349.7; effective thirtieth day thereafter (Register 85,
No. 26).
3. Editorial coirection of NOTE filed 10-1 i-85 (Register 85, No. 41).
4. Amendment of subsection (b) filed 4-2-90; operative 5-2-90 (Register 90, No.
17).
§ 7501 .1 . Time Periods for Processing For-Hire Vessel
Operator's License.
(a) The Department shall notify the applicant, in writing, within 10
days from receipt of application that the application is complete, or that
the application is deficient, and what specific information is required.
(b) The Department shall then process the completed application for
license, as required by Sections 762 and/or 767 of the Harbors and Navi-
gation Code, and reach a decision to issue a license within 30 to 90 days,
the median being 60 days.
NOTE: Authority cited: Section 764, Harbors and Navigation Code. Reference:
Sections 762, 765 and 766, Harbors and Navigation Code; and Section
15376(a)-(c), Government Code.
History
1. New section filed 10-31-83;effectivethirtiethday thereafter (Register 83, No.
45).
§ 7502. Grounds for Refusal to Issue License.
The Department may refuse to issue a license for any of the following
reasons:
(a) Failure of the applicant to meet the requirements set forth in Subdi-
visions (1) through (6) of Subsection 7501(a).
(b) Habitual use by the applicant of intoxicating liquor, or any narcotic
drug, barbiturate or marijuana.
(c) Material misrepresentation or false statements in any application.
NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference:
Section 766, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7503. Renewal of License.
Following are the requirements for renewal of licenses:
(a) Applicant must present evidence of satisfactory operation of ves-
sels during the past five years, including at least one year of operation of
the type of motorboat or motor vessel for which license was issued, on
the type of water for which license was issued, or present other experi-
ence of training which, in the judgment of the Department, is a reasonable
equivalent.
(b) Applicant must submit a report, on forms provided by the Depart-
ment, of a medical examination by a licensed physician within 60 days
of the date of the application for renewal indicating:
(1) Diseases and other defects. Conditions such as epilepsy, insanity,
senility, acute general disease or neurosyphilis, badly impaired hearing,
or other defect that would render the applicant incompetent to perform
the ordinary duties of a licensed operator are grounds for refusal to renew
a license.
(2) Possession, either with or without glasses, of at least 20/20 vision
in one eye and at least 20/40 in the other. The applicant who wears
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
glasses, however, must also be able to pass a test without glasses of at
least 20/100 in both eyes.
(3) Unimpaired color sense as tested by a test utilized by the U.S. Coast
Guard to determine color sense, or a similar test. This requirement may
be waived if the operation of vessels under the license will be limited to
hours of daylight; provided that any license renewed on the basis of such
waiver will be limited to operation of vessels during hours of daylight.
(4) Any of the requirements of this subsection (b) may be waived
where the Department determines that because of exceptional and unusu-
al experience and skill or because of other unusual qualifications, the
applicant evidences that he is a reliable and competent operator of the
type of vessel for which he requests license to operate, on the water on
which he requests license to operate. In granting any such waiver, the De-
partment may impose such restrictions, limitations and conditions on the
operations of for-hire vessels by such applicant as the Department deems
necessary for the safety and protection of all persons carried on board
such vessels.
(c) Upon presentation to the Department of a valid master's, mate's or
operator's license issued by the U.S. Coast Guard as authorized by 46
CFR 15.605 and 15.905, the Department may waive the requirements
listed in subsection (b) of this section.
NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference:
Section 767, Harbors and Navigation Code.
History
i . Amendment of subsection (b)(2) filed 9-6-73; effective thirtieth day thereafter
(Register 73, No. 36).
2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
3. Amendment of subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No.
17).
§ 7504. Provisions Affecting Use of License.
(a) No licensee or holder of an operator's license shall operate any for-
hire vessel in violation of the terms and conditions upon which such li-
cense is issued, nor shall operate any vessel carrying passengers for hire
subject to the provisions of this article, other than of the type designated
on his license nor operate such vessel on any waters other than those des-
ignated on his license.
(b) The licensee shall notify the Department of any change of address
within 30 days of such change.
(c) The operator of any vessel subject to the provisions of this article
and article 2 (commencing with section 760) chapter 2, division 3, of the
harbors and navigation code, shall have his license as operator in his pos-
session and available for examination at all times when the vessel in be-
ing operated.
NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference:
Sections 761, 767 and 769, Harbors and Navigation Code.
History
1. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7505. Investigations.
(a) The Department may make periodic or special investigation of any
licensee to ascertain his competence and physical condition with respect
to operating for-hire vessels.
(b) The Department may investigate the operation of any vessel sub-
ject to this article and article 2 (commencing with section 760) chapter
2, division 3 of the Harbors and Navigation Code, for the sole purpose
of ascertaining compliance therewith.
NOTE: Authority cited: Secfion 770, Harbors and Navigation Code. Reference:
Sections 764, 765, 766, 767 and 769, Harbors and Navigation Code.
History
]. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 8. Yacht and Ship Broker Licenses
§ 7601. General Definitions.
Unless otherwise expressly indicated or compelled by the context in
which used, words, phrases, and references appearing in this Chapter
shall have meanings as ascribed herein.
(a) An "'exclusive listing" is a written agreement between the owner
of a vessel and a broker which provides that the commission is due the
broker named in the contract if the boat is sold, traded, or exchanged
within the time limit which must be specified in the contract by the said
broker, by any other broker, or by the owner.
(b) An "'open listing" is a written agreement between the owner of a
vessel and a broker which authorizes the broker to negotiate the sale,
trade, or exchange of the vessel, but reserves to the owner the right, with-
out incurring a liability for the payment of a commission to said broker,
to negotiate the sale, trade, or exchange of said vessel himself, or to enter
into open listing agreements with other brokers respecting said vessel.
(c) "Advertising" is any written or printed communication or oral
communication made in accordance with a text or outline that has been
reduced to written form which is published for the purpose of inducing
persons to sell or purchase a product or use a service.
(d) An "applicant" is a person applying to the Department of Boating
and Waterways for a license.
(e) The "Act" is the Yacht and Ship Brokers Act and regulations per-
taining thereto.
(f) The "Code" is the Harbors and Navigation Code.
(g) The "Director" is the Director of the Department of Boating and
Waterways.
(h) The "Department" is the Department of Boating and Waterways.
(i) An "examination" is an examination to qualify for any license is-
sued under authority of the Yacht and Ship Brokers Act.
(j) A "license" is any license issued under authority of the Yacht and
Ship Brokers Act.
(k) The "licensee" is a licensed broker or salesman.
(1) A "permanent license" is a Yacht and Ship Broker's or Salesman's
License originally issued for one year and renewable for one or two years,
as opposed to a salesman's temporary license issued for sixty days.
(m) The "Yacht and Ship Brokers Act" is Chapter 5 of Division 3, Ar-
ticle 2 of the Code.
(n) "Consummated" means that buyer and seller shall have a signed
purchase agreement, which agreement shall contain all the conditions of
the sale, and said conditions have been met.
(o) "Completed" means all the conditions of the purchase agreement
have been met and the bill of sale has been passed from seller to buyer.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 701, Harbors and Navigation Code.
History
1. Repealer of Article 8 (Sections 7601-7631, not consecutive, and new Article 8
(Sections 7601-7622) filed 12-1-78; effective thirtieth day thereafter (Register
78, No. 48). For prior history, see Registers 66, No. 43; 68, No. 46; 69, No. 10;
69, No. 30; 69, No. 46; 70, No. 11; 70, No. 19; 71, No. 20.
2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 7602. Advertising.
(a) Advertising of any service for which a license is required under the
provisions of the Yacht and Ship Brokers Act shall disclose the name of
the business as shown on the required license.
(b) In addition to the name of the broker on signs or in advertising, the
words "licensed yacht broker," "yacht broker," "ship broker," or "boat
broker," or "brokerage" in each such context may be used to indicate that
the broker is a licensed yacht broker.
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Department of Boating and Waterways
§7609
(c) No person, firm, or corporation may use any of the designations set
forth in subdivision (b) hereof unless duly licensed under the Yacht and
Ship Brokers Act, or otherwise exempted by law.
NOTE: Authorily cited: Section 703, Harbors and Navigation Code. Reference:
Section 708, Harbors and Navigation Code.
History
]. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7603. Investigative Authority.
(a) The department may, with reasonable cause to suspect that a person
or business is acting in the capacity of a broker, investigate that person
or business to ascertain whether a license is or is not required.
(b) The department shall have authority to investigate and take lawful
action deemed advisable with regard to complaints against brokers or
salesmen acting only in a capacity for which they must be licensed.
(c) Any person, including a partnership or corporation purchasing
used yachts for resale or taking yachts in trade for resale, shall transfer
actual title to any such yacht into his name, or have in his possession, sub-
ject to inspection by the department, a good and sufficient bill of sale or
other fit evidence of title if such person or firm wishes to claim exemption
from licensing requirements of the Yacht and Ship Brokers Act.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 703, 706, 720, 732, 733 and 734, Harbors and Navigation Code.
History
1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7604. Trust Accounts.
(a) In the absence of the broker, a licensed salesman authorized in writ-
ing by the broker, or other persons authorized by this section to make
withdrawals from trust accounts, shall make deposits to trust accounts
pursuant to section 714 of the Harbors and Navigation Code.
Withdrawals shall not be made from a trust account maintained as pro-
vided by section 714 of the Harbors and Navigation Code except upon
the signature of at least one of the following:
(1) The broker;
(2) A salesman, or group of salesmen jointly who are in the employ of
the broker and who have been authorized in writing by the broker to make
withdrawals from such trust accounts. The broker shall not authorize
more than one salesman or group of salesmen at any one time to make
such withdrawals;
(3) Where the licensee is a corporation, any corporate officer who may
be designated in writing by the corporation.
(b) Every broker required to maintain such trust fund account shall
keep records of all funds deposited therein, which records shall clearly
indicate the date and from whom he received the money, the date depos-
ited, the dates of withdrawals, and other pertinent information concern-
ing the transaction.
(c) Failure to maintain a trust fund account when required, and to de-
posit trust funds received promptly in said account, may be construed to
be commingling, in violation of section 732, subsection (e) of the Har-
bors and Navigation Code.
(d) Upon request, the above-written authorization shall be made avail-
able to the department for its inspection.
(e) A check received from the offeror may be held uncashed by the bro-
ker until acceptance of the offer if
(1) the check by its terms is not negotiable by the broker or if the offer-
or has written instructions that the check shall not be deposited nor
cashed until acceptance of the offer and
(2) the offeree is informed that the check is being so held before or at
the time the offer is presented for acceptance.
(0 In these circumstances if the offeror's check was held by the broker
in accordance with subdivision (e) until acceptance of the offer, the check
shall be placed into a neutral escrow depository or the trust fund account
or into the hands of the offeree if offeror and offeree expressly so provide
in writing not later than the next business day following acceptance of the
offer unless the broker receives written authorization from the offeree to
continue to hold the check.
NotE: Authority cited; Section 703, Harbors and Navigation Code. Reference:
Sections 714 and 716, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
2. New subsections (e) and (f) filed 4-2-90; operative 5-2-90 (Register 90, No.
17).
§ 7605. Shared Listings.
If a broker intends to or does share a listing with other brokers, he must
obtain authorization in writing from his principal to do so in his authori-
zation to sell (listing agreement).
NotE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 716, Harbors and Navigation Code.
History
I. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7606. Fees.
In addition to license examination fees required by Sections 717 and
718 of the Harbors and Navigation Code to accompany applications for
licenses, all other appropriate fees prescribed by Section 736 shall ac-
company such applications.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 717, 718 and 736, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7606.1 . Time Periods for Processing Yacht and Ship
Broker, Salesman, and Associated Licenses.
(a) The Department shall notify the applicant, in writing, within 10
days from receipt of application, that the application is complete, or that
the application is deficient, and what specific information is required.
(b) The Department shall then process the completed application for
license(s), as required by Sections 717, 718, 722, 723, 724, 725, 727,728,
729, and/or 735, Harbors and Navigation Code, and reach a decision to
issue a license within 30 to 90 days, the median being 60 days.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 717, 718 and 724, Harbors and Navigation Code; and Section
15376(a)-(c), Government Code.
History
1 . New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
45).
§ 7607. Written Examination.
An applicant who fails to appear for a scheduled written examination
without notifying the Department prior to the exam date shall forfeit the
examination fee and be required to pay an additional exam fee prior to
taking any subsequent examination.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 717, 718 and 721, Harbors and Navigafion Code.
History
1 . Repealer and new section filed 4-2-90; operative 5-2-90 (Register 90, No. 1 7).
§ 7608. Broker Qualifications.
(a) In addition to those persons specified in Section 719 of the Harbors
and Navigation Code, if an individual can show that department records
are incorrect, and he can, in fact, prove that he has been employed as a
licensed Yacht and Ship Broker or Salesman for at least one year within
the preceding five years, such applicant shall be deemed qualified to take
the Yacht Broker's examination for a Yacht and Ship Broker's License.
(b) In addition to applicants described in Section 719(d), every appli-
cant for a broker's or salesman's license and every person entitled to act
in the capacity of a broker on behalf of a corporation or partnership shall
be at least 18 years of age.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 719, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 7609. License Reinstatement
Apphcation for reinstatement of a license shall be on a form furnished
by the department and must be accompanied by the appropriate fees.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 726 and 736, Harbors and Navigation Code.
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§7610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85. No. 41),
§ 7610. License Renewal (Failure to) Penalties.
(a) (Reserved)
(b) Any licensee who has failed to notify the department of a change
of address, business structure, or in the case of a salesman, employing
broker prior to renewal of license, and who does not subinit the proper
fee or fees for such change along with his renewal application and whose
renewed or changed license is delayed beyond the expiration date of the
license all or partly because of such failure, shall be subject to the penalty
for reinstatement under provisions of Section 724(b) of the Harbors and
Navigation Code.
NOTE: Authority cited: Section 703. Harbors and Navigation Code. Reference:
Sections 722, 723, 724, 726 and 738, Harbors and Navigation Code.
History
1 . Orderof Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 761 1 . Temporary Salesman's License.
(a) For purposes of Section 719(a) of the Harbors and Navigation
Code, experience while holding a temporary license as a salesman shall
not be considered as partial experience necessary to qualify for a broker' s
license.
(b) In the event a salesman having the only temporary license per-
mitted by subsection 725(a) of the Harbors and Navigation Code does not
obtain a permanent license, and two years have passed since the expira-
tion date of such temporary license, the department may issue another
temporary license, pursuant to provisions of subsection 726(a) of the
Harbors and Navigation Code.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 719, 725 and 726, Harbors and Navigation$Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7612. Salesman's License, Transfer of, Restrictions on
Employment.
(a) A temporary license to act as a salesman will be issued only to an
applicant who has valid employment as such salesman with a duly li-
censed broker.
(b) A salesman's license or temporary salesman's license shall be-
come inoperative upon the termination of such salesman's employment
by a licensed broker, or upon the suspension or revocation of the employ-
ing broker's license. However, such salesman's license may be trans-
ferred to another licensed broker upon the holder's request. Such request
for transfer must be accompanied by an application, as prescribed by the
department, in writing executed by the new broker and the appropriate
fee.
(c) No salesman shall associate himself with more than one broker
concurrently.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 719, 725 and 726, Harbors and Navigation Code.
History
1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7613. Corporation and Partnership Licenses.
(a) A broker's license issued to a corporation or partnership shall dis-
close the name and license number of the corporation or partnership,
along with the name of the officer or partner entitled to act on behalf of
the corporation or partnership. Additional licenses issued to other offi-
cers or partners acting on behalf of the corporation or partnership only
shall disclose the name and license number of the corporation or partner-
ship, followed by the name of such additional officers or partners. In the
event the corporation or partnership is dissolved, all hcenses disclosing
the name and number of the corporation or partnership become invalid.
(b) In the event a licensed partner of a partnership, who is also licensed
as a broker on his own behalf while acting on behalf of the partnership.
violates any provision of the Yacht and Ship Brokers Act or regulations
pertaining thereto, which is grounds for suspension or revocation of a li-
cense, both licenses may be suspended or revoked, and if necessary, ei-
ther or both bonds attached. If such licensed partner, while acting on his
own behalf commits such violation, his licenses to act on his own behalf
and on behalf of the partnership are both subject to such suspension or
revocation, and if necessary, his bond is subject to attachment.
(c) In the event a licensed officer of a corporation, who is also licensed
as a broker on his own behalf while acting on behalf of the corporation,
violates any provision of the Act or regulations pertaining thereto which
is grounds for suspension or revocation of a license, both licenses may
be suspended or revoked, and if necessary, either or both bonds attached.
If such licensed officer of a corporation, while acting on his own behalf
commits such violation, his licenses to act on his own behalf and on be-
half of the corporation are both subject to such suspension or revocation
and his bond is subject to attachment.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 728 and 729, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§7614. Broker's Bond or Deposit.
(a) The Yacht and Ship Broker's Bond Endorsement used shall be of
the form prescribed and provided by the department.
(b) The department may not release its interest in a cash deposit made
pursuant to section 73 1 of the Harbors and Navigation Code until a surety
bond, dated to include the period for which the cash deposit was made,
is filed with the department.
(c) The period required by subsection (b) will not exceed four years.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 730 and 731, Harbors and Navigation Code.
History
1. New subsections (b) and (c) filed 4-2-90; operative 5-2-90 (Register 90, No.
17).
§ 7615. Coercive and Oppressive Methods.
It shall constitute coercive and oppressive methods within the mean-
ing of Section 732, subsection (g) of the Harbors and Navigation Code,
if a licensee who is also the owner, operator, or otherwise in charge of a
landing pier or mooring place:
(a) Exacts or demands all or part of a broker' s fee or commission from
the sale by the owner or any other licensed broker or salesman of any
yacht or boat moored at said landing pier or mooring place solely because
said yacht or boat was or is moored at such pier or landing place;
(b) Expels or denies or refuses to permit the continued use or lease of
such landing pier or mooring place by an owner of a boat or yacht for the
reason that said boat or yacht is listed for sale with another licensee;
(c) Expels or denies or refuses to permit the continued use or lease of
such landing pier or mooring place by the purchaser of a boat or yacht
moored at such landing pier or mooring place because another licensee
had made the sale of such boat or yacht.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 732 and 733, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
4. Amendment of first paragraph filed 7-24-96; operative 8-23-96 (Register 96,
No. 30).
§7616. Definite Place of Business.
A definite place of business shall mean premises owned, rented, or
leased by the broker which premises shall be locatable at a street address
or road intersection and/or slip number, if applicable. A post office box
and/or telephone number shall not be considered a definite place of busi-
ness.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 735, Harbors and Navigation Code.
History
1. Editorial correcdon of NOTE filed 10-1 1-85 (Register 85, No. 41).
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§7707
§7617. Branch Offices.
(a) Any broker who regularly transacts business at a location other
than his established principal office, or who employs other brokers or
salesmen to do so shall be deemed to be maintaining a branch office at
such location.
(b) A temporary exhibit of less than three weeks duration at a county
or state fair or an organized boat or sport show shall not be deemed a
branch office.
(c) If a broker uses more than one fictitious business name at the same
location, a separate branch office license shall be obtained in addition to
the current principal or branch office license at that location.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections708 and 735, Harbors and Navigation Code.
History
1. Editorial coirection of NOTE filed 10-1 1-8.S (Register 85, No. 41).
2. New subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7618. Identification Card.
(a) A broker's identification card shall be issued only to the person
named on the license, and there shall also appear on such card the name
of the corporation, partnership or association which he represents. The
broker to whom such identification card is issued shall place his signature
thereon.
(b) A salesman's identification card shall be issued only to a licensed
salesman, and shall bear the name of the employing licensed broker. The
salesman shall place his signature thereon.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 735, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 7619. Broker-Salesman Relationship Agreement.
Every broker shall have a written agreement with each of his salesmen,
whether licensed as a salesman or as a broker under a broker-salesman
arrangement. The agreement shall be dated and signed by the parties and
shall cover material aspects of the relationship between the parties.
Signed copies of the agreement shall be retained by the parties thereto,
and shall be available for inspection by the department or its designated
representative on request.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 703, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 7620. Retention of Records.
A licensed broker shall retain for four years copies of all listings, de-
posit receipts, cancelled checks, trust records, and other documents ex-
ecuted by him or obtained by him in connection with a transaction for
which a Yacht and Ship Broker' s License is required. Upon request, these
records shall be made available to the Department for their inspection.
NotE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 703, 714, 715 and 716, Harbors and Navigation Code.
History
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41).
§ 7621 . Government Office.
When the holder of a Yacht and Ship Broker or Salesman's License
is required to relinquish his license to assume an office in local, state, or
federal government, he may have it reinstated at any time within six
months of termination of his service in such office upon payment of the
appropriate renewal fee.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Section 724, Harbors and Navigation Code.
History
1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7622. Property Taxes.
Any agreement between a buyer and seller of a yacht negotiated by a
broker to prorate personal property taxes for a twelve-month period shall
specify the applicable tax year and the date of the commencement of such
twelve-month period, and shall clearly state the actual amounts payable
by the seller and buyer.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 703 and 716, Harbors and Navigation Code.
History
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41).
§ 7623. Offers.
(a) The licensee must present or cause to be presented to the owner of
the vessel any offer to purchase received prior to the compleuon of a sale,
unless expressly instructed by the owner not to present such an offer.
(b) A hcensee shall not present compeUng offers to purchase a vessel
to the owner in such manner as to induce the owner to accept an offer
which will provide the greatest compensation to the licensee, without re-
gard to the benefits, advantages, and/or disadvantages to the owner.
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference:
Sections 709 and 716(c), Harbors and Navigation Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 9. Small Boat Towing and Safety
§ 7700. Definitions.
NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref-
erence: Sections 610, 61 1 , 612, 615,616, 617, 61 8, 620and 622, Harbors and Nav-
igation Code.
History
1. New article 9 (sections 7700-7710) filed 12-3-85; effective thirtieth day there-
after (Register 85, No. 49).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7701 . Applications for Certificate of Registration of a
Small Boat Towing Service.
NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref-
erence: Sections 611, 615, 616 and 622, Harbors and Navigation Code.
History
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7702. Requirements for Certificate of Registration.
NOTE: Authority cited: Sections 615, 621 and 652, Harbors and Navigation Code.
Reference: Chapter 4.3 (commencing with section 610), Division 3, Harbors and
Navigation Code; and Section 1760.5, Insurance Code.
History
1. Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereaf-
ter (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7703. Partnership Certificate of Registration.
NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref-
erence: Section 611, 612 and 615, Harbors and Navigation Code.
History
1 . Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereaf-
ter (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7704. Corporation Certificate of Registration.
NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref-
erence: Section 611, 612 and 615, Harbors and Navigation Code.
History
1. Amendment of section heading filed 8-28-86; effective thirtieth day thereafter
(Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7705. Authorized Operators.
NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref-
erence: Sections 611, 612, 615 and 622, Harbors and Navigation Code.
History
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7706. Grounds for Refusal to Issue Certificate of
Registration.
History
1 . Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7707. Suspension of Certificate of Registration.
History
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Page 497
Register 2004, No. 19; 5-7-2004
§ 7707.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 7707.1 . Refusal to Issue.
NOTE: Authority cited: Sections 62] and 652, Harbors and Navigation Code.
History
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7708. Provisions Affecting Use of Certificate of
Registration.
History
1 . Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§ 7709. Time Periods for Processing.
History
]. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
§7710. Arbitration Fees.
History
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17).
Article 10.
Boating Safety Education
Regulations
§ 8000. Criteria for Required Boating Safety Course.
(a) The Department shall approve and maintain an approved listing of
boating safety education courses.
(b) Boating safety education courses approved by the Department
shall be general, entry level courses. The courses shall contain at least the
following elements or subjects:
(1) Boating laws and regulations
(2) Rules of the road and navigational lights
(3) Safety and responsibility
(4) Required equipment
(5) Basic boat handling
(6) Navigational aids (Uniform State Waterway Marking System)
(7) Boating operation emergencies and accidents
(8) Alcohol
(9) Weather.
(c) The certificate for completion and passage of the course shall in-
clude:
(1) The name of the person passing the course.
(2) Date of course completion.
(3) The name of the organization that provided the course.
(4) A statement that the course has been approved by the California
Department of Boating and Waterways.
(d) The fees for these approved boating education courses shall not ex-
ceed the expenses associated with providing the courses.
NOTE: Authority cited: Section 668.1, Harbors and Navigation Code. Reference:
Sections 655, 655.2, 658, 658.5 and 668. 1 , Harbors and Navigation Code; and sec-
tion 191.5, Penal Code.
History
1. New secfion filed 10-17-91; operafive 11-18-91 (Register 92, No. 30).
2. Amendment of subsection (d) filed 7-24-96; operative 8-23-96 (Register 96,
No. 30).
Article 1 1 . Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§8100. Purpose.
The purpose of the selection process for private architectural, land-
scape architectural, engineering, environmental, land surveying and
construction project management firms is to provide procedures that as-
sure such services are engaged on the basis of demonstrated competence
and qualifications for the types of services to be performed, at fair and
reasonable prices to the Department of Boating and Waterways.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4525 and 4526, Government Code.
History
1. New article 1 1 (sections 8100-8100.13) and section filed 5-3-2004; operative
5-3-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
19).
§8100.1. Definitions.
The following definitions shall be used in this article.
(a) "Architectural, landscape architectural, engineering, environmen-
tal, land surveying services" includes those professional services of an
architectural, landscape architectural, engineering, environmental, or
land surveying nature as well as incidental services that members of these
professions and those in their employ may logically or justifiably per-
form.
(b) "Construction project management" means those services pro-
vided by a licensed architect, registered engineer, or licensed general
contractor which meet the requirements of Section 4529.5 of the Govern-
ment Code for management and supervision of work performed on state
construction projects.
(c) "Contract" means any agreement entered into by the Department
for architectural, landscape architectural, engineering, environmental,
land surveying, and construction project management services.
(d) "Department" means the Department of Boating and Waterways.
(e) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the profes-
sions of architecture, landscape architecture, engineering, environmental
services, land surveying or construction project management.
(f) "Multiple Contracts" means contracts that may be awarded to mul-
tiple firms.
(g) "On-Call Contracts" means contracts for projects that involve
more than one component, site, or activity.
(h) "Single Firm Contract" means a contract that is let to the single
most qualified firm.
(i) "Small Business" is a firm that meets the definition of "small busi-
ness" provided in Government Code Section 14837.
(j) "Specific Project Contract" is a contract for a project that involves
a single subject matter and may result in a single contract.
NOTE: Authority cited: Secfion 4526, Government Code. Reference: Sections
4525, 4526 and 14837 Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 19).
§ 81 00.2. Contract Types.
(a) The Department may utilize specific project contracts, single firm
contracts, muUiple contracts, or on-call contracts depending on the spe-
cific situation. All contract types are subject to this Article.
(b) MuUiple contracts may be awarded for contracts that cover differ-
ent, specific geographic regions; contracts that encompass different spe-
cific, unique disciplines; or contracts for which there would be a primary
contractor, with a backup contractor in the event the primary contractor
is unavailable for the assignment.
NOTE: Authority cited: Secfion 4526, Government Code. Reference: Sections
4525 and 4526, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 19).
§ 8100.3. Selection Criteria.
The Department shall establish selection criteria that will comprise the
basis for the selection of eligible firms to perform the required services.
The criteria may include such factors as professional experience of the
firm in performing services of similar nature; quality and relevance of re-
cently completed or ongoing work; reliability, continuity, and location
of firm to the project site; staffing capability; education and experience
of key personnel to be assigned; knowledge of applicable regulations and
technology associated with the services required; specialized experience
of the firm in the services to be performed; participation as small business
firm; and other factors the Department deems relevant to the specific task
to be performed.
Page 498
Register 2004, No. 19; 5-7-2004
Title 14
Department of Boating and Waterways
§ 8100.10
The Department may weigh these factors according to the nature of the
proposed project, the complexity and special requirements of the specific
services, and the needs of the Department.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.5, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Governmenl
Code section 11343.4 (Register 2004, No. 19).
§ 81 00.4. Request for Qualifications.
(a) A statewide announcement of each proposed project shall be pub-
lished in the California State Contracts Register, in accordance with the
Government Code (commencing with Section 14825), and in the publi-
cations of the respective professional societies. Failure of any profes-
sional society to publish the announcement shall not invalidate any con-
tract.
(b) The announcement for each proposed project shall include, at a
minimum, a brief description of the services required, location and dura-
tion of services, criteria upon which the award will be made, submittal
requirements, contact person for the Department, and the final response
date for receipt of statements from firms of their demonstrated compe-
tence and professional qualifications.
(c) The Department shall identify potentially qualified small business
firms interested in contracting with the Department, and shall provide co-
pies of project announcements to those small business firms that have in-
dicated an interest in receiving the announcements. Failure of the Depart-
ment to send a copy of an announcement to any firm shall not invalidate
any contract.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526, 4527 and 14825, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§ 8100.5. Annual Submission of Qualifications.
In compliance with Government Code section 4527, interested firms
may submit their qualifications and performance data to the Department
annually throughout the year. The Department may consider such quali-
fications and performance data when selecting a contractor in accordance
with Section 8100.6. Such qualifications and performance data that are
on file with the Department for longer than one year, and not subsequent-
ly renewed or refiled, shall not be considered by the Department in its
selection process.
NOTE: Authority cited: Section 4527, Government Code. Reference: Section
4527, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§ 81 00.6. Selection of Qualified Firms.
(a) After the expiration of the final response date in the published proj-
ect announcement, the Department shall review and evaluate the written
statements of demonstrated competence and professional qualifications
using the selection criteria in the published project announcement, and
rank, in order of preference, the firms determined as most highly quali-
fied to perform the required services.
(b) The Department shall conduct discussions with at least the three
most eligible firms, or a lesser number if fewer than three eligible firms
have responded, about anticipated concepts and the benefit of alternative
methods for furnishing the required services. From the firms with which
discussions are held, the Department shall select, in order of preference,
not less than three firms, or lesser number if fewer than three eligible
firms responded, deemed to be the most highly qualified to perform the
required services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4527, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§8100.7. Negotiation.
(a) From among the firms selected in Section 8100.6, as most highly
qualified to perform the services required, the Department shall attempt
to negotiate a satisfactory contract with the best qualified firm at a com-
pensation which the Department determines is fair and reasonable.
(b) If the Department is unable to negotiate a safisfactory contract with
the best qualified firm at a compensation which the Department deter-
mines is fair and reasonable, negotiations with that firm shall be termi-
nated and negotiations undertaken with the second best qualified firm. If
unable to negotiate a satisfactory contract with the second best qualified
firm at a compensation which the Department determines is fair and rea-
sonable, negotiations with that firm shall be terminated and negotiafions
undertaken with the third best qualified firm. If unable to negotiate a sat-
isfactory contract with the third best qualified firm at a compensation
which the Department determines is fair and reasonable, negotiations
with that firm shall be terminated.
(c) Where the Department is unable to negotiate a satisfactory contract
in accordance with subsections (a) and (b), the Department shall continue
the negotiations process with the remaining qualified firms, if any, in or-
der of preference, until a satisfactory contract is reached. If unable to ne-
gotiate a satisfactory contract with any of the qualified firms, the Depart-
ment shall abandon the negotiation process for the required services.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4527 and 4528, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 19).
§ 81 00.8. Estimated Value of Services.
(a) Before entering into discussion with any firm selected pursuant to
Section 8100.6, Department staff shall prepare an esUmate of the value
of the proposed contract, based upon accepted rates for comparable ser-
vices. The estimate will serve as a guide in determining fair and reason-
able compensation in the negotiation of a satisfactory contract in accor-
dance with the provisions of Section 8100.7, and shall not be disclosed
until award of the contract or abandonment of the negotiation process for
the services to which it relates.
(b) At any time the Department determines the esfimate prepared in ac-
cordance with (a) to be unrealistic for any reason, the Department shall
reevaluate the estimate and, if necessary, modify the estimate.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4528, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 19).
§8100.9. Amendments.
Where the Department determines that a change in the contract is nec-
essary during the performance of the services, the parties may, by mutual
consent, in writing, agree to modifications, additions or deletions in the
general terms, conditions and specifications for the services involved,
with a reasonable adjustment in the firm's compensation.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4527 and 4528, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section i 1343.4 (Register 2004, No. 19).
§ 81 00.1 0. Contracting in Phases.
Where the Department determines it is necessary or desirable for a
project to be performed in separate phases, the Department may negotiate
a partial compensation for the initial phase of the services required; pro-
vided, however, the Department first determines that the firm selected is
best qualified to perform the entire project. Tlie contract shall include a
provision that the Department may, at its option, utilize the firm to per-
form other phases of the services at a compensation which the Depart-
ment determines is fair and reasonable, to be later negotiated and in-
cluded in a mutual written agreement. In the event that the Department
exercises its option under the contract to utilize the firm to perform other
Page 499
Register 2004, No. 19; 5-7-2004
§ 8100.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
phases of the project, the procedures of Sections 8100.7 and 8100.8, re-
garding estimates of value of services and negotiation shall be followed.
NOTE: Authority cited: Section 4526, Government Code. References: Sections
4526 and 4528. Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§ 81 00.1 1 . Department's Power to Require Bids.
If the Department determines that the services are technical in nature
and involve little professional judgment and that requiring bids would be
in the public interest, a contract may be awarded on the basis of competi-
tive bids and not the procedures of this Article.
NOTE: Authority cited: Section 4526, Government Code. References: Section
4529, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§ 8100.12. Unlawful Considerations.
Each contract shall include a provision by which the firm warrants that
the contract was not obtained or secured through rebates, kickbacks or
other unlawful considerations either promised or paid to any Department
employee. Failure to adhere to this warranty may be cause for contract
termination and recovery of damages under the rights and remedies due
the Department under the default provision of the contract.
NOTE: Authority cited: Section 4526, Government Code. References: Section
4526, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 19).
§ 8100.13. Prohibited Relationships.
No Department employee who participates in the evaluation or selec-
tion process leading to award of a contract shall have a relationship with
any of the firms seeking that contract, if that relationship is subject to the
prohibition of Government Code Section 87100.
NOTE: Authority cited: Sections 4526 and 4527. Government Code. References:
Sections 4526, 4527, 87100 and 87102, Government Code.
History
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 19).
Chapter 2. Regulations for Implementation
of the California Environmental Quality Act
of 1970
NOTE: Authority cited: Section 21082, Public Resources Code; and Section 63.9,
Harbors and Navigation Code. Reference: Sections 21000, 21174, Public Re-
sources Code; and Sections 71.4 and 72.5, Harbors and Navigation Code.
History
1 . New Chapter 2 ( §§ 8500 through 8530, not consecutive) filed 6-15-73; effec-
tive thirtieth day thereafter (Register 73, No. 24).
2. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No.
20).
3. Repealerof Chapter 2 (Articles 1-6, Sections 8500-8530, not consecutive) filed
12-3-81; effective thirtieth day thereafter (Register 81, No. 49). For prior histo-
ry, see Register 74, No. 25.
Chapter 3. Conflict of Interest Code
§ 8600. General Provisions.
The Political Reform Act, Government Code Sections 81000, et seq.,
requires state and local government agencies to adopt and promulgate
Conflict of Interest Codes. The Fair Political Practices Commission has
adopted a regulation. Title 2 California Code of Regulations Section
18730, which contains the terms of a standard Conflict of Interest Code,
which can be incorporated by reference, and which may be amended by
the Fair Political Practices Commission to conform to amendments in the
Political Reform Act after public notice and hearings. Therefore, the
terms of Title 2 California Code of Regulations Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commis-
sion, along with the attached Appendix in which officials and employees
are designated and disclosure categories are set forth, are hereby incorpo-
rated by reference and constitute the Conflict of Interest Code of the De-
partment of Boating and Waterways.
Pursuant to Title 2 of the California Code of Regulations Section
1 8730, designated employees shall file statements of economic interests
with their agencies. Upon receipt of the statements of the Director and
Commissioners, the agency shall make and retain a copy and forward the
original of these statements to the Fair Political Practices Commission.
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Section 87300, et seq.. Government Code.
History
1. New Chapter 3, Articles 1-5 (Sections 8600-8650, not consecutive) filed
5-1 3-77; effective thirtieth day thereafter. Approved by Fair Political Practices
Commission 3-17-77 (Register 77, No. 20).
2. Repealer of Chapter 3 (Articles 1-5, Sections 8600-8650, not consecutive) and
new Chapter 3 (Secdon 8600 and Appendix) filed 2-26-81; effective thirtieth
day thereafter. Approved by Fair Political Practices Commission 12-1-80
(Register 81, No. 9).
3. Amendment of section and Appendix filed 2-1 1-2003; operative 3-13-2003.
Submitted to OAL for printing only (Register 2003, No. 7).
Appendix
Designated Disclosure
Employees/Division Categoiy
Executive Office
Department Director 1
Deputy Director 1
Staff Counsel 2
Legislation, Public Information & Regulations
Senior Boating Administrator/Division Chief 2
Associate Governmental Program Analyst 2
Boating Facilities Division
CEA/Division Chief 2
Supervising Civil Engineer 2
Senior Engineering Geologist 2
Oceanographer 2
Staff Services Manager 2
Aquatic Pest Control Program Manager 2
Aquatic Pest Control Assistant Program Manager 2
Senior Civil Engineer 2
Associate Civil Engineer 2
Civil Engineering Associate 2
Assistant Civil Engineer 2
Junior Civil Engineer 2
Boating Facilities Manager II 2
Project Managers 2
Associate Landscape Architect 2
Associate Governmental Program Analyst 2
Staff Services Analyst 2
Environmental Scientist 2
Administrative Sen'ices Division
Staff Services Manager/Division Chief 2
Business Services Officer 2
Staff Information Systems Analyst (Supervisor) 2
Associate Information Systems Analyst (Specialist) 2
Assistant Information Systems Analyst 2
Boating Operations Division
Staff Services Manager/Division Chief 2
Staff Services Manager 2
Designated Disclosure
Employees/Division Category
Associate Governmental Program Analyst 2
Staff Services Analyst 2
Program Managers 2
Department Wide
Consultants* 1
Members of the Boating and Waterways Commission 2
Disclosure Categories
1 . Every person in Category 1 must disclose all investments, interests
in real property, income and his or her status as a director, officer, partner,
trustee, employee or holder of any position of management in any busi-
ness entity.
Page 500
Register 2004, No. 19; 5-7-2004
Title 14
Department of Boating and Waterways
§8600
2. Every person in Category 2 must disclose investments, interests in
real property, income and iiis or her status as a director, officer, partner,
trustee, employee or holder of any position of management in a business
entity, if the business entity, source of income or real property is:
(a) subject to or foreseeably may be subject to any laws of the State of
California relating to the control of recreational boating, or subject to any
rules or regulations promulgated by the Department of Boating and Wa-
terways;
(b) one which has contracted, or in the future foreseeably may contract
with the Department to provide services, supplies, materials, machinery,
instrumentation, or equipment to the Department;
(c) associated with the manufacture, distribution, sale, repair, or ad-
vertisement of recreational boating, marine equipment and supplies or
other related products;
(d) regularly engaged in the business of environmental impact reports
or environmental impact statements; or
(e) an interest in real property in or contiguous to recreational boating
facilities.
^Consultants shall be included in the list of designated employees and shall dis-
close pursuant to the broadcast disclosure category in the code subject to the fol-
lowing limitation:
The director may determine in writing that a particular consultant, although a "des-
ignated position," is hired to perform a range of duties that is limited in scope and
thus is not required to comply fully with the disclosure requirements described in
this section. Such determination shall include a description of the consultant's du-
ties and, based upon that description, a statement of the extent of disclosure re-
quirements. The director's determination is a public record and shall be retained
for public inspection in the same manner and location as this conflict of interest
code.
•
* *
Page 501
Register 2004, No. 19; 5-7-2004
.A.
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5. San Francisco Bay Conservation and
Development Commission
Vol. 19
THOIVISOIM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
San Francisco Bay Conservation and Development Commission
Table of Contents
Division 5. San Francisco Bay Conservation and Development Commission
Table of Contents
Page
Page
Chapter 1.
Article 1.
§ 10110.
§ 10111.
Article 2.
§ 10120.
§ 10121.
§ 10122.
§ 10123.
§ 10124.
§ 10125.
§ 10126.
§ 10127.
§ 10128.
§ 10129.
Article 3.
§ 10130.
§ 10131.
§ 10132.
§ 10133.
§ 10134.
Chapter 2.
Article 1.
§ 10210.
§ 10211.
§ 10212.
§ 10213.
§ 10214.
Article 2.
§ 10220.
§ 10221.
Article 3.
§ 10230.
§ 10231.
§ 10232.
Article 4.
§ 10240.
§ 10241.
§ 10242.
§ 10243.
§ 10244.
General Provisions .503
Interpretation of
Regulations 503
Purpose of Regulations.
Explanation of References.
Definitions 503
Emergency.
San Francisco Bay and Certain
Waterways Jurisdiction.
Slough.
Areas Excluded from Commission
Jurisdiction.
Coastal Management Program for
San Francisco Bay.
Substantial Change.
Members of the Commission.
Houseboat.
Live-Aboard Boat.
Line of Highest Tidal Action.
Boundary and Jurisdictional
Questions 505
Exclusion of Extraction of Materials
for Sampling.
McAteer-Petris Act Jurisdiction and
Bay Plan.
Exclusion of Larkspur and
Greenbrae Boardwalk Areas from
McAteer-Petris Act Jurisdiction.
Determination of Shoreline and Map
Boundaries.
Determination of Permit
Requirements for Subdivisions.
The Commission, the Staff, and
the Advisory Review Boards 505
Regular Meetings 505
Date and Time.
Changes.
Notice of Changes.
Meeting Notice.
Who Shall Receive Notice.
Special Meetings 506
Time and How Called.
Notice.
Emergency Meetings 506
Time and Reason For.
Notice.
Prerequisites for Commission
Action.
Meetings — Quorum and
Procedures 506
Quorum.
Voting — Number Required to
Authorize Action.
Procedures — Robert's Rules of
Order.
Agenda.
Recording of Meetings.
§ 10245.
§ 10246.
Article 5.
§ 10250.
§ 10251.
§ 10252.
Article 6.
§ 10260.
§ 10261.
§ 10262.
Article 7.
§ 10270.
§ 10271.
Article 8.
§ 10280.
§ 10281.
§ 10282.
§ 10283.
§ 10284.
§ 10285.
§ 10286.
§ 10287.
§ 10288.
§ 10289.
Chapter 3.
Subchapter 1.
Article 1.
§ 10300.
Subchapter 2.
Article 1.
§ 10310.
§ 10311.
§ 10312.
§ 10313.
Minutes of Meetings.
Public Comment Period.
Officers 507
Duties of the Chair.
Duties of Vice Chair.
Acting Chair.
Staff 508
Executive Director — Appointment
and Term.
Executive Director — Duties and
Delegation.
Acting Executive Director.
Advisory Boards 508
Membership and Function of Design
Review Board.
Membership and Function of
Engineering Criteria Review Board.
Ex Parte Communications 508
Purpose.
Definition of an Ex Parte
Communication.
Definitions of a Quasi-Judicial
Proceeding and of a
Quasi-Legislative Proceeding.
General Policy and Disclosure of Ex
Parte Communications.
Permissible Ex Parte
Communications.
When the Policy Applies.
Notification of Parties and
Interested Persons.
Party Opportunity to Respond to an
Ex Parte Communication.
Ex Parte Communications After the
Close of the Public Hearing and
After the End of the Time Period for
Receipt of Written
Communications; Public Comments
and Responses.
Field Trips.
Major Permits Procedures:
Applications, Amendments to
Applications, and Application
Summaries 508.2
Definitions 508.2
Definitions 508.2
Major Permits.
Applications for a Major
Permit 508.2
Application Requirements 508.2
Summary of Prerequisites for Filing
a Major Permit Application.
Waiver or Modification of Filing
Requirements.
Postponement of Filing
Requirements.
Parcel Map.
Page i
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 10314.
§ 10315.
§ 10316.
Article 2.
Article 3.
§ 10350.
§ 10351.
§ 10352.
§ 10353.
Article 4.
§ 10360.
Article 5.
§ 10370.
§ 10371.
§ 10372.
Subchapter 3.
§ 10380.
§ 10381.
Chapter 4.
Subchapter 1.
Article 1.
§ 10400.
§ 10401.
§ 10402.
Article 2.
§ 10410.
§ 10411.
§ 10412.
Article 3.
§ 10420.
§ 10421.
§ 10422.
§ 10423.
Subchapter 2.
§ 10430.
§ 10431.
Page
List of Affected Property Owners.
Submittal of Design Review Board
Materials.
Submittal of Engineering Criteria
Review Board Materials.
Schedule of Fees for Filing
and Processing Permit
Applications 510.1
Filing Procedures 510.1
When an Application Is Submitted
for Filing.
Method of Filing.
Notification of Filing Decision.
Appeal from the Executive
Director's Determination Not to File
an Application.
Distribution of
Applications 511
Distribution of Applications.
Amendments to Applications 511
Non-Material Amendments to
Pending Major Permit Applications.
Material Amendments to Pending
Major Permit Applications.
Effect of Refusal to Withdraw
Original Application.
Summaries of Applications
for Major Permits 512
Contents.
Distribution of Application
Surmnary.
Major Permit Procedures:
Commission Hearings and Public
Comments on Applications 512
Commission Hearings 512
Scheduhng Public Hearings 512
Scheduling Initial Hearing.
Notice to Applicant and Interested
Parties.
Hearing Postponement.
Hearing Procedures and Field
Trips 513
Order of Hearing.
Post-Hearing Questions and
Statements.
Field Trips.
Additional Hearings,
Withdrawal, and Off-
Calendar Items 513
Continued Hearings.
Application Withdrawal and
Removal from Active
Consideration.
Necessity of Additional Public
Hearing After Delay.
Procedures for a Hearing on a
Materially Amended Application.
Pubhc Comments on
Applications 514
Distribution of Comments.
Treatment of Siinilar
Communications.
Chapter 5.
Major Permit Procedures:
Approval or Denial of Permits
Article 1.
§ 10500.
§ 10501.
§ 10502.
§ 10503.
§ 10504.
§ 10505.
Staff Recommendations
Staff Recommendation.
Contents of Resolution of Approval.
Contents of Resolution of Denial.
Terms and Conditions.
Staff
Recommendation — Presentation.
Applicant's Comments and
Commission Questions.
Page
514
514
Article 2.
Voting
§ 10510.
Time for Voting.
§10511.
Straw Votes.
§ 10512.
Voting Procedure.
§ 10513.
Voting by Members Absent from
Hearing.
§ 10514.
Commission Findings on Permits.
§ 10515.
Specific Action.
§ 10516.
Environmental Documentation
Required for Public Hearing and
Vote on Major Permit.
Article 3.
Issuance of Permits
§ 10520.
Contents of Permits.
§ 10521.
Mailing to Permittee(s).
§ 10522.
User Fees for Disposal of Dredged
Material Into Commission's "Bay"
or "Certain Waterways"
Jurisdictions.
§ 10523.
Distribution of Permit Copies.
§ 10524.
Notice of Permit.
§ 10525.
Notice of Receipt and
Acknowledsment.
§ 10526.
Disputes over Contents of a Permit.
Article 4.
Denial of Permits
§ 10530.
Notification of Denial of Permit
515
517
Article 5.
10540.
Chapter 6.
Application.
Notice of Completion
Notice of Completion.
Permit Procedures:
Administrative and Emergency
Permits
518
518
518
ubchapter 1.
Procedures for Permits
for Minor Repairs or
Improvements
(Administrative
Permits)
Article 1.
Definitions
§ 10600.
§ 10601.
§ 10602.
Administrative Permit.
Minor Repairs or Improvements.
Administrative Permits Related to
Dredging and Disposal Projects.
Article 2.
Applications for
Administrative Permits
§ 10610.
§ 10611.
§ 10612.
Application.
Executive Director's Determination
If an Application for an
Administrative Permit Should Be
Filed.
Amendments to Administrative
Permit Applications.
Article 3.
Approval or Denial of
Administrative Permits
§ 10620.
§ 10621.
Administrative — Listing.
Executive Director's and
518
518
519
520
Commission's Action After Listing.
Page
(7-25-2008)
Title 14
San Francisco Bay Conservation and Development Commission
Table of Contents
Page
§ 10622.
Criteria and Contents of Permits.
§ 10728.
§ 10623.
Denial of an Administrative
Permit — Notice to Applicant.
S 10729.
§ 10624.
Denial of an Administrative
Permit — Filing with the
Commission.
§ 10625.
Environmental Documentation
Chapter 8.
Required for Approval of Minor
Article 1.
Permit.
Subchapter 2.
Emergency Permits
.. 521
Article 1.
Applications
.. 521
§ 10800.
§ 10640.
Method of Application.
§ 10641.
Necessary Information for
Application.
Article 2.
Article 2.
Procedures
. . 521
§ 10650.
Verification of Emergency.
§ 10810.
§ 10651.
Consultation with Chair.
§ 10652.
Criteria for Granting Permit.
§ 10653.
Documentation Subsequent to
Issuance of an Emergency Permit.
§ 10811.
§ 10654.
Report to Commission.
§ 10812.
Article 3.
Emergency Repairs to
Maintain Public Services
522
Page
Termination of Individual Dredged
Material Disposal Allocarions.
Reimplementation of Individual
Allocations for the In-Bay Disposal
of Dredged Material.
Amendments to Pennits 524.2
Determination of Materiality
or Nonmateriality of a
Proposed Amendment 524.2
Determination of Materiality or
Nonmateriality of a Proposed Permit
Amendment.
Amendments to Administrative
Permits 524.2
Applications for and Action on
Nonmaterial Amendments to an
Administrative Permit.
Applications for Material
Amendments to an Administrative
Permit.
Criteria and Procedures for
Processing a Material Amendment
to an Administrative Permit.
§ 10660.
Chapter 7.
Article 1.
Emergency Repairs to Maintain
Public Services.
Special Rules 522
Special Rules for Non-Water-
Oriented Fills 522
§ 10700.
Minor Fill for Improving Shoreline
Appearance.
§ 10701.
Minor Fill for Improving Public
Access.
§ 10702.
Using the Bay as a Design Asset.
§ 10703.
Historic Ship.
§ 10704.
Fill Necessary to the Welfare of the
Public to Protect Historic
Structures.
§ 10705.
Pre-Existing Residential Structure.
Article 2.
Other Special Rules 523
§ 10710.
Continuing Commission
Jurisdiction.
§ 10711.
Cantilevering.
§ 10712.
Terms and Conditions for
Subdivisions.
§ 10713.
Compliance with Time Limits for
Acting on Permit Applications
When Commission Vote Requires
Further Findings.
§ 10713.5.
In-Bay Dredged Material Disposal
Sites.
Article 3.
Fees for Commission
Documents 524.1
Article 3.
§ 10820.
§ 10821.
§ 10822.
§ 10823.
§ 10824.
Chapter 9.
Article 1.
Amendments to Major Permits
Applications for Nonmaterial
Amendments to Major Permits.
Procedure Depending on Whether
an Amendment Is Material or
Nonmaterial.
Criteria and Procedures for
Processing Nonmaterial
Amendments to Major Permits.
Notice of Decision to Deny
Nonmaterial Amendment.
Applications for and Processing of
Material Amendments to Major
Permits.
Expansion of Existing Uses and
Claims of Exemption
. 525
Resolutions on Expansion of
Existing Uses
•
§ 10714. Who Receives What Commission
Documents for Free and Who Pays
for What Cominission Documents.
§ 10715. Receipt of Commission Documents
Pursuant to a Calendar Year
Subscription.
§ 10716. Receipt of Specific Commission
Documents After Payment of
Specific Cost.
Article 4. Dredging
§ 10720. Comtnission Procedure for
Implementation of Individual
In-Bay Dredged Material
Allocations.
§ 10721. Target Volumes.
§ 10726. Small Dredger Exception.
§ 10727. Small Dredgers.
§ 10900.
Filing Deadline.
Article 2.
Claims of Exemption
§ 10910.
Claim Form.
§ 10911.
Filing Deadline.
§ 10912.
Number of Copies of
Form — Distribution.
§ 10913.
Exhibits Illustrating Claim.
§ 10914.
Other Substantiating Evidence.
§ 10915.
When a Claim of Exemption Is
Filed.
§ 10916.
Procedures.
§ 10917.
Commission Determination and
Findings.
§ 10918.
Effect of Grant of Exemption.
§ 10919.
Effect of Denial of Exemption.
§ 10920.
Effect of Transfer of Property on
Claim of Exemption.
§ 10921.
Abandonment of an Exemption.
526
526
526
Chapter 10.
524.1
Article 1.
Amendments to the San Francisco
Bay Plan or the Suisun Marsh
Protection Plan and Other
Planning Matters
Plan Amendments
527
527
§ 11000.
§ 11001.
Information Required to Consider
Plan Amendment.
Preparafion, Contents and
Circulation of Draft Adequate
Descriptive Notice.
Page
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 11002.
Commission Determination to
Initiate Amendment Process;
Adoption and Mailing of
§ 11303.
Referral to the Attorney General by
the Commission or the Executive
Director.
§ 11003.
Descriptive Notice.
Staff Planning Report.
Subchapter 2.
Procedures for the
§11004.
§ 11005.
§ 1 1006.
Public Hearing(s).
Staff Planning Recommendation.
Contents of a Resolution of
Approval.
Issuance of Cease and
Desist Orders, Permit
Revocation Orders, and
§ 11007,
Appendix G
Notice of Adopted Amendments.
528.3
Civil Penalty Orders 532
§ 11008.
Payment of Costs of Processing of
an Amendment to a Conunission
Planning Document.
Article 1.
§ 11310.
Definitions 532
Definitions.
Article 2.
Other Planning Matters
528.5
Article 2.
Commission Cease and Desist
§ 11020.
Other Planning Matters.
Orders, Permit Revocation
§ 11021.
Power Plant Siting.
ni^^^^r. „^A r^;,,;! d^^^u.,
Chapter 11. Special Area Planning 528.6
§ 11 100. Definition and Effect of a Special
Area Plan.
§ 11101. Special Area Planning Procedures.
§ 11 102. Contents of a Resolution to Develop
a Special Area Plan.
§ 11103. Periodic Reports on Special Area
Planning.
Chapter 12. Certification and Amendment of
Suisun Marsh Local Protection
Program 529
Orders 532
Article L
Certification of Local
Protection Program 529
§ 11200.
Local Agency Requirements for
Components of the Local Protection
Program.
§ 11201.
County Endorsement of the Local
Protection Program.
§11202.
Commission Distribution of an
Endorsed Local Protection Program
or Components Thereof.
§ 11203.
Contents and Distribution of Staff
Summary.
§ 11204.
Public Hearing(s).
§ 11205.
Staff Recommendation.
§ 11206.
Contents of Resolution of
Certification.
§ 11207.
Contents of Resolution of
Non-Certification.
§ 11208.
Notice of Certification of Local
Protection Program.
Article 2.
§ 11210.
§ 11211.
§ 11212.
§ 11213.
§ 11214.
§ 11215.
Chapter 13.
Subchapter 1.
§ 11300.
§ 11301.
§ 11302.
Amendment of the Suisun
Marsh Local Protection
Program 530
Amendment Submittal
Requirements.
Submittal of an Amendment.
Processing Amendments to the
Local Protection Program or
Component Thereof.
Definition of a Minor Amendment.
Designation of an Amendment as
Minor.
Frequency of Amendments.
Enforcement Procedures
General Provisions
Grounds for the Issuance of Cease
and Desist Orders.
Grounds for Permit Revocation.
Grounds for the Imposition of
Administrative Civil Penalties.
531
531
§ 11320.
Staff Investigation and Discovery.
§ 11321,
Commencing Commission
Enforcement Proceedings.
§ 11322.
Respondent's Required Response to
the Violation Report.
§ 11323.
Distribution of Notice of
Enforcement Hearings.
§ 11324.
Distribution of the Violation Report,
Statement of Defense Form(s), and
Recommended Enforcement
Decision.
§ 11325.
Ex Parte Contacts.
§ 11326.
Contents of an Executive Director's
Recommended Enforcement
Decision.
§11327.
Enforcement Hearing Procedure.
§ 11328.
Acceptance of Late Evidence.
§ 11329.
Admissibility of Evidence.
§ 11330.
Adoption of an Enforcement
Cojnmittee or a Hearing Officer
Recommended Enforcement
Decision.
§11331.
Referral of the Recommended
Enforcement Decision to the
Commission.
§ 11332.
Conmiission Action on
Recommended Enforcement
Decision.
§ 11333.
Conunission Hearing Procedures on
Direct Referral of an Enforcement
Matter by the Executive Director.
§ 11334.
Voting on a Proposed Commission
Cease and Desist Order, a Proposed
Commission Permit Revocation
Order, or a Proposed Commission
Civil Penalty Order.
§11335.
Staff Report and Recommendation.
§ 11336.
Distribution of Staff Report and
Recommendation.
§ 11337.
Notice of Public Hearing.
§ 11338.
Public Hearing Procedure.
§ 11339.
Admissibility of Evidence.
§ 11340.
Contents of Cease and Desist
Orders.
§11341.
Modifications of Cease and Desist
Orders Issued by the Executive
Director.
§ 11342.
Modification of Cease and Desist
Orders Issued by the Commission.
§ 11343.
Appeal from the Modification of a
Commission Cease and Desist
Order.
§ 11344.
Amendments to Cease and Desist
Orders.
§11350.
Contents of Permit Revocation
Orders.
§11351.
Modification of Permit Revocation
Orders.
Page
IV
(7-25-2008)
Title 14
San Francisco Bay Conservation and Development Commission
Table of Contents
Page
§ 11352.
Appeal from Modification of a
Permit Revocation Order.
§ 11442.
§ 11360.
Preparation and Execution of
Article 2.
Commission Cease and Desist
Orders and Permit Revocation
§11450.
Orders.
§ 11451.
§ 11361.
Issuance.
§ 1 1452.
§11362.
Service of Copies.
§ 11370.
Enforcement Record.
Chapter 15.
§11380.
Contents of Complaint for
Administrative Imposition of Civil
Penalties.
§ 11381.
Commission Hearing on Complaint
for Administrative Imposition of
Civil Penalties.
Subchapter 1.
§ 11382.
Further Procedures for Commission
Review of Complaints for the
Article 1.
Issuance of Civil Penalty Orders.
§ 11500.
§ 11501.
§ 11383.
Contents of a Commission Civil
Penalty Order.
§ 11384.
Modification of a Commission Civil
Penalty Order.
Article 2.
§ 11385.
Appeal from Modification of a
Permit Revocation Order.
§11386.
Standardized Fines.
Chapter 14.
Marsh Development Permits Issued
by Local Governments and
Appeals Therefrom 538.2
Subchapter 1.
Marsh Development Permits
Issued by Local
Governments
538.2
Article 1.
Application
538.2
§ 11400.
Application of Chapter.
Article 2.
Marsh Development Permits
Issued by Local
Governments
.. 539
§ 11410.
Order of Permits.
§ 11411.
Application.
§11412.
Notice to the Commission of
Pending Applications.
§ 11413.
Local Government Notice to Other
Persons of Pending Applications.
§ 11414.
Contents of Local Government
Notice.
Article 3.
Issuance of Local Marsh
Development Authorizations . . .
. . 339
§ 11420.
Contents of Local Marsh
Development Authorization.
§11421.
Finality of Local Marsh
Development Authorization.
Article 4.
Commission Review of Marsh
Development Authorization . . . .
. . 540
§ 11430.
Notice of Final Local Action.
§ 11431.
Filing of Notice.
§ 11432.
Notice to Public by Executive
Director.
Subchapter 2.
Appeals to the Commission
of Local Marsh
Development
Authorizations
•
Article 1.
§ 11440.
§ 11441.
Filing Appeals
Appealing the Issuance of a Local
Government Marsh Development
Authorization.
Effect of Appeal to the
Commission.
540
540
§ 11510.
§11511.
§ 11512.
Article 3.
§ 11520.
§ 11521.
Article 4.
§ 11530.
§ 11531.
§ 11532.
§ 11533.
§ 11534.
Article 5.
§ 11540.
§ 11541.
§ 11542.
§ 11543.
§ 11544.
Article 6.
§ 11550.
§ 11551.
§ 11552.
§ 11553.
Subchapter 2.
§ 11560.
§ 11561.
Chapter 16.
Page
Duties of Affected Local
Government on Appeal.
Appeal Procedures 541
Determination to Consider Appeal.
Public Hearing Procedures.
Notification of Commission Action
to Local Government.
Implementation of the California
Environmental Quality Act 541
When the Commission Is
the Lead Agency 541
Environmental Determinations
of Exemption 541
Statutory Exemptions.
Categorical Exemptions.
Initial Environmental
Information and
Determination If
Environmental Assessment
Required 542
Executive Director to Prepare Initial
Environmental Assessment
Information.
Determination of Significant
Adverse Environmental Impacts and
Preparation of an Environmental
Assessment.
Notification of Applicant or
Proponent.
Preparation of an
Environmental Assessment 542
Use of a Federal Environmental
Impact Statement as an
Environmental Assessment.
Contents of an Environmental
Assessment.
Use of Consultants 542
Notification of Applicant.
Selection of a Consultant.
Fees in Excess of Estimates.
Relationship of Commission and
Consultant.
Use and Ownership of
Consultant-Prepared Material.
Environmental Fees 543
Basic Fee.
Preparation Fee.
Consultant Fees.
Exception.
When Environmental Fees Must Be
Paid.
Appeals
Grounds for Appeal.
Time Limits for Appeal and
Consultation.
Hearing an Appeal.
Commission Determination.
When the Commission Is a
Responsible Agency
544
544
Review and Comment on
Environmental Documents.
Effect of Comments.
San Francisco Bay Conservation
and Development Commission —
Conflict of Interest Code 544
Page
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Chapter 17. Regionwide Permits 543
Article!. Issuance of Regionwide
Permits and Abbreviated
Regionwide Permits 545
§11700. Regionwide Permit.
§11700.1. Abbreviations.
Article 2. Notice of Intent to Proceed
Under Regionwide Permits 545
§ 11710. Need to File Notice of Intent to
Proceed.
§ 11711. Contents of Notice of Intent to
Proceed.
§ 11712. Executive Director's Determination
Whether a Notice of Intent to
Proceed Is Complete.
§ 11713. Approval of a Notice of Intent to
Proceed.
§ 11714. Notification of Executive Director's
Decision.
§ 11715. Project Sponsor Acknowledgment
and Execution of Regionwide
Permit.
§ 11716. Application After Executive
Director's Determination That a
Notice of Intent to Proceed Is Not
Complete or from Executive
Director's Disapproval of a Notice
of Intent to Proceed.
Article 3. Notice of Intent to Proceed
Under Abbreviated
Regionwide Permits 546
§ 11717. Need to File Notice of Intent to
Proceed.
§ 11718. Executive Director's Determination
Whether a Notice of Intent to
Proceed Under an Abbreviated
Permit is Complete.
§ 11719. Approval or Disapproval of a Notice
of Intent to Proceed Under an
Abbreviated Regionwide Permit;
Notification of Determination.
§ 11720. Project Sponsor Acknowledgement
and Execution of Abbreviated
Regionwide Permit.
§ 11721. Application After Executive
Director's Determination That a
Notice of Intent to Proceed Is Not
Complete or from Executive
Director's Disapproval of a Notice
of Intent to Proceed Under an
Abbreviated Regionwide Permit.
Appendix A 547
Appendix B 548
Appendix C 549
Appendix DBCDC Application Form
March 16, 2000 550
Appendix E 569
Appendix F 570
Appendix G 572
Appendix H 572
Appendix I 574
Appendix J 578
Page
Appendix K 580.1
Appendix L 580..3
Appendix M 580.4
Appendix N 580.5
Chapter 18. Selection of Consultants to
Provide Selected Professional
Services in the Following
Areas: Architecture, Landscape
Architecture, Engineering, Land
Surveying, Environmental, and
Construction Project
Management 580.12
§ 11810. Prohibition Against Unlawful
Practices.
§ 1 1 820. List of Small Businesses That
Provide Services in the Following
Areas: Architecture, Landscape
Architecture, Engineering. Land
Surveying, Environmental Services,
or Construction Project
Management.
§ 11830. Annual Statements of Qualifications
and Performance Data.
§ 11840. Establishment and Announcement
of Criteria on Which Consultant
Will Be Chosen.
§ 1 1 850. Publication and Mailing of Requests
for Statements of Qualifications
Prior to Selection of a Consultant.
§ 1 1 860. Contents of a Statement of
Qualificadons and Performance
Data.
§ 11870. Discussion of Anticipated Concepts
and Relafive Unlity of Alternative
Methods of Approach.
§ 1 1880. Evaluation of Current Statements of
Qualifications and Performance
Data and Statements Submitted in
Response to Request.
§11890. Contract Negotiation.
Chapter 19. San Francisco Bay Plan 580.14
§ 11900. Bay Plan Amendments.
Chapter 20. San Francisco Bay Area Seaport
Plan 580.16
§ 1 1945. Seaport Plan Amendments.
Chapter 21. Special Area Plans 580.18
§ 1 1960. 1996 San Francisco Waterfront
Special Area Plan Amendment.
§ 11961. Approval of White Slough Specific
Area Plan.
Chapter 23. Suisun Marsh Protection Plan 580.18
§11970. Marsh Plan Amendments.
Chapter 24. Suisun Marsh Local Protection
Plan 580.19
§ 11990. Certification of Amendment to
Solano County Local Protection
Prosram.
Page vi
(7-25-2008)
Title 14
San Francisco Bay Conservation and Development Commission
§ 10122
Division 5. San Francisco Bay
Conservation and Development Cbrhmission
Chapter 1. General Provisions
Article 1. Interpretation of Regulations
§ 1 01 1 0. Purpose of Regulations.
These regulations supplement and interpret the McAteer-Petris Act
(Sections 66600 through 66661 of the Government Code), the Suisun
Marsh Preservation Act (Sections 29000 through 296 10 of the PubUc Re-
sources Code), the San Francisco Bay Conservation and Development
Commission' s San Francisco Bay Plan, the San Francisco Bay Conserva-
tion and Development Commission's Suisun Marsh Protection Plan, the
Coastal Zone Management Act of 1972, as amended (16 U.S. C. Sections
1451 through 1464), the California Environmental Quality Act (Sections
21000 through 21 176 of the Public Resources Code), and the act creating
the State Coastal Conservancy (Division 21 of the Public Resources
Code), as all of them may be amended from time to time. No attempt has
been made to reproduce in these regulations the definitions, policies, and
other provisions found in the Acts and in the Plans. Therefore, these regu-
lations should be read together with the Acts and the Plans.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Title 7.2, Government Code; Divi-
sions 13, 19 and 21, Public Resources Code; San Francisco Bay Plan; Suisun
Marsh Protection Plan; and 16 U.S.C. Sections 1451-1464(a).
History
1 . New Division 5 (§§ 101 10 through 10836, not consecutive) filed 1 1-10-70; ef-
fective thirtieth day thereafter (Register 70, No. 46).
2. Amendment filed 1 1-28-80; effective thirtieth day thereafter (Register 80, No.
48).
3. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
.," "Subchapter ,"
)" denote subdivi-
§10111. Explanation of References.
References in these regulations to "Chapter
"Article ," "Section ," and "Paragraph (.
sions of these regulations.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code, Reference: Title 7.2, Government Code; and
Divisions 13, 19 and 21, Public Resources Code.
History
1 . Amendment filed 1 1-28-80; effective thirtieth day thereafter (Register 80, No.
48).
2. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 2. Definitions
§10120. Emergency,
"Emergency," as used in the McAteer-Petris Act, the Suisun Marsh
Preservation Act, and in these regulations other than in the context of
calling an emergency meeting means a situation that poses an immediate
danger to life, health, property, or essential public services and that de-
mands action by the Commission more quickly than the Commission's
normal permit procedures would allow. A situation that poses an imme-
diate danger to life, health, property, or essential public services may in-
clude, for example, an accident, sabotage, vandalism, fire, flood, earth-
quake, or soil or geologic movements.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Pubhc Resources Code. Reference: Sections 66632(f) and 11125.5,
Government Code; and Section 29509(a), Public Resources Code.
History
1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 9-25-96; operative 10-25-96 (Register 96, No. 39).
§ 10121. San Francisco Bay and Certain Waterways
Jurisdiction.
(a) These regulations shall refer to the upland boundary of the Com-
mission's jurisdiction over "San Francisco Bay," pursuant to Govem-
mentCode Section 66610(a) ("San Francisco Bay" jurisdiction), and the
upland boundary of the Commission's jurisdiction over those certain wa-
terways listed in Government Code Section 66610(e) ("certain water-
ways" jurisdiction) as "the shoreline." The shoreline shall be defined as
being located at mean high water in those areas other than tidal marsh and
at five feet above mean sea level in areas of tidal inarsh. Where necessary
to distinguish the upland edge of the Commission's San Francisco Bay
jurisdiction from the upland edge of the Commission's certain water-
ways jurisdiction, these regulations refer to the former as "San Francisco
Bay shoreline" and the latter as "the certain waterways shoreline."
(b) The Commission's San Francisco Bay and certain waterways juris-
dictions include all bodies of water having the nature of open water, how-
ever named, including sloughs, harbors, straits, channels, estuaries, bays,
marinas, basins, and coves up to the shoreline.
(c) The Commission's San Francisco Bay jurisdiction includes those
portions of other waterways, however named, that are in fact parts of San
Francisco Bay rather than tributaries and that are shown as parts of San
Francisco Bay on the San Francisco Bay Plan Maps, including but not
limited to:
Map No. Name and Location
4 Castro Creek (Richmond) adjacent to the remaining marsh
6 Mt. Eden Creek (Hayward), passing through the remaining
marsh
6 Alameda Creek Flood Control Channel (Hayward), passing
through the remaining marsh
7 Coyote Creek, bayward of the railroad crossing (Fremont and
Santa Clara County)
7 San Francisquito Creek (Palo Alto), bayward of the inland
boundary of the Faber Tract
6 Redwood Creek (Redwood City), bayward from the Redwood
City Municipal Yacht Harbor
5 Islais Creek (San Francisco)
4 Corte Madera Creek, bayward of the railroad crossing
(Marin County)
1 & 4 Galinas Creek (Marin County), bayward of the junction of the
North and South Forks
1 Novato Creek (Marin County), bayward of the eastern high
tension line as it existed on September 17, 1965
1 Petaluma River, bayward of the Highway 37 bridge (Marin and
Sonoma Counties)
1 Tolay Creek, bayward of the northernmost point of Lower
Tubbs Island near the Island Land Club (Sonoma County)
1 Sonoma Creek, bayward of the High way 37 bridge (Sonoma and
Solano Counties)
2 Napa River, bayward of the Highway 37 bridge (Vallejo).
(d) The Commission's San Francisco Bay jurisdiction includes
Spoonbill Creek and the unnamed cut running northward just east of Col-
linsville, Solano County, but not including water areas lying generally
southward of a line drawn from Simmons Point northeasterly along the
southern shoreline of Chipps Island, Van Sickle Island, and the mainland,
to the mouth of Marshall Cut.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Section
66610(a), Government Code; Littoral Dev. Co. v. San Francisco Bay Conserva-
tion and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
History
1 . Repealer of former Section 10121 , and renumbering and amendment of Section
10126 to Section 10121 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 73, No. 16.
2. Amendment of section heading, section and NOTE filed 5-24-96; operative
6-23-96 (Register 96, No. 21).
3. Change without regulatory effect amending section filed 3-1-2007 pursuant to
section 100, title 1, California Code of Regulations (Register 2007, No. 9).
§10122. Slough.
"Slough" means:
(a) a stream of water labelled as a slough on the U.S. Geological Sur-
vey maps current as of September 1, 1968; or
(b) any other stream of water that passes through a tidal marsh or mud-
flat or a former tidal marsh or mudflat extending up to the shoreline, ex-
cept those certain waterways covered by the provisions of subdivision (e)
Page 503
Register 2007, No. 9; 3-2-2007
§ 10123
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
of Government Code Section 66610 and those waterways enumerated in
Section 10121(b).
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Section
66610(a); and Littoral Dev. Co. v. San Francisco Bav Conser\'alion and Dev.
Comm'n {\99A) 24Cal.App. 4th 1050. 29 Cal. Rptr. 2d 518.
History
1. Repealer of former Section 10122, and renumbering and amendment of Section
10131 to Section 10122 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 79, No. 44.
2. Amendment of subsection (b) and Note filed 5-24-96; operative 6-23-96
(Regisler96, No. 21).
§ 10123. Areas Excluded from Commission Jurisdiction.
(a) An area that would fall within the Commission's jurisdiction only
as the result of the natural desttnction of a man-made works, such as a
dike, levee, or other similar tidal control structure, shall remain excluded
from the Commission' s jurisdiction for a period ending one year after the
Commission has given an affected property owner written notice of the
potential extension of the Commission's jurisdiction as a result of the de-
staiction, or for such longer period as may be specified by Commission
resolution based upon its finding that repairs of the destruction could not
physically be completed within one year after receipt of written notice of
the potential extension of the Commission's jurisdiction; and
(b) An area that would fall within the Commission's "San Francisco
Bay" jurisdiction or within its "certain waterways" jurisdiction shall be
and remain excluded from the Commission's jurisdiction if it could, on
and at all times subsequent to September 17, 1965, have been removed
from being touched by tidal waters by simply closing a functioning tidal
gate.
NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections
66610(a) and (e), Government Code; and Blumenfeld v. San Francisco Bay Con-
servation and Development Commission. 43 Cal. App. 3d 50 (1974); and Littoral
Dev. Co. V. San Francisco Bay Conservation and Dev. Comm'n (1994) 24
Cal.App. 4th 1050, 29 Cal. Rptr.' 2d 518.
History
1. Repealer of former Section 10123, and renumbering and amendment of Section
10132 to Section 10123 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment of section heading, section and Note filed 5-24-96; operative
6-23-96 (Register 96, No. 21).
§ 10124. Coastal Management Program for San Francisco
Bay.
"Coastal Management Program for San Francisco Bay" means the
documents for the San Francisco Bay segment of the California coastal
zone approved as consistent with the Coastal Zone Management Act of
1972, as amended, by the Office of Coastal Zone Management, United
States National Oceanic and Atmospheric Administration. It consists of
a narrative portion that describes the Bay segment of the California
Coastal Zone Management Program and BCDC compliance with the re-
quirements established by the Office of Ocean and Coastal Resource
Management under Section 306 of the Coastal Zone Management Act.
It also contains appendices that include all relevant statutes, plans, and
regulations.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: The Coastal Zone Management Act,
as amended, 16 USC Sections 1451-1464; and Section 29205, Public Resources
Code.
History
1 . Repealer of former Section 10124, and renumbering and amendment of Section
10128 to Section 10124 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 73, No. 16.
§10125. Substantial Change.
"Substantial change in use" includes any one of the following:
(a) as to any "salt pond" or "managed wetland," any change in use in-
cluding abandonment which, for the purposes of this section, shall in-
clude any draining of water except temporary draining for a short period
of time in accordance with routine operating practice; or
(b) as to other areas within the Commission's McAteer-Petris Act ju-
risdiction, any construction, reconstruction, alteration, or other activity,
whether or not involving a structure, if the activity either:
(1) has an estimated cost of $250,000 or more;
(2) involves a change in the general category of use of a structure or
of land, i.e., agriculture, residential, commercial, office, industrial, recre-
ational, vacant non-use, etc.;
(3) involves a substantial change in the intensity of use;
(4) adversely affects existing pubhc access or future public access as
shown on any Commission permit, the San Francisco Bay Plan, any
Commission special area plan, or any other Commission planning docu-
ment; or
(5) is any subdivision of land pursuant to the Subdivision Map Act
(Government Code Section 66410 et seq.) or other division of land, in-
cluding a lot split, where the subdivision or other division of land will
substantially affect either present or future public access to or along the
shoreline or substantially affect either the present or future suitability of
a water-oriented priority land use site for that priority use, but not a sub-
division or other division of land that is brought about in connection with
the acquisition of an interest in such land by a public agency for wildlife
habitat, marsh restoration, public recreation, or public access.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66632(a) and 66654, Government Code.
History
1. Renumbering and amendment of Section 10133 to Section 10125 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection re-
numbering filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
3. Amendment of subsection (b)(4) filed 5-1-97; operative 5-31-97 (Register97,
No. 18).
§ 1 01 26. Members of the Commission.
"Members of the Commission," "members," and "Commissioner,"
means any Commissioner appointed pursuant to Section 66620 of the
Government Code and any Alternate appointed pursuant to Section
66622 of the Government Code, provided that a Commissioner and his
or her Alternate may not both constitute the two members of the Commis-
sion appealing an action pursuant to Section 29522 of the Public Re-
sources Code.
Note-. Authority cited: Section 29201(e), Public Resources Code. Reference:
Section 29522, Public Resources Code; and Section 1774, Government Code.
History
1. Renumbering and amendment of former Section 10126 to Section 10121, and
renumbering and amendment of Section 1 01 38 to Section 1 0 1 26 filed 5- 1 8-87 ;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48 and 79, No. 44.
§10127. Houseboat.
A "houseboat" is a boat that is used for a residential or other nonwater-
oriented purpose and that is not capable of being used for active naviga-
tion.
NOTE: Authority cited: Section 66632(f), Government Code; and Secrion
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29008, Public Resources Code; and the San Francisco Bay Conservation
and Development Commission, San Francisco Bay Plan, Recreation (As amended
March 20, 1986, pursuant to Government Code Section 66652).
History
1. New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34).
2. Editorial renumbering of Section 10128 "Houseboat" to Section 10127 (Regis-
ter 87, No. 47).
§10128. Live-Aboard Boat.
A "live-aboard boat" is a boat that is not a transient boat, that is capa-
ble of being used for active self-propelled navigation, and that is occu-
pied as a residence as that term is defined in California Government Code
Section 244.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29008, Public Resources Code; and the San Francisco Bay Conservation
and Development Commission, San Francisco Bay Plan, Other Uses of the Bay
and Shoreline (As amended March 20, 1986, pursuant to Government Code Sec-
tion 66652).
Page 504
Register 2007, No. 9; 3-2-2007
•
Title 14 San Francisco Bay Conservation and Development Commission § 10129
HrsTORY § 10129. Line of Highest Tidal Action.
1 . New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34). NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections
2. Editorial renumbering of Section 10J27 "Live-Aboard Boaf to Section 10128 66610(a) and 66610(e), Government Code.
(Register 87, No. 47). _ ' HISTORY
1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
•
[The next page is 505.]
Page 504.1 Register 2007, No. 9; 3-2-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10210
2. Repealer filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
Article 3. Boundary and Jurisdictional
Questions
§ 1 01 30. Exclusion of Extraction of Materials for Sampling.
The term "extraction of materials worth more than $20" as used in the
McAteer-Petris Act and the term "extraction of material" as used in the
Suisun Marsh Preservation Act shall exclude the extraction of any mate-
rial or materials for environmental or seismic testing purposes only.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Sections 66604 and 66632(a), Gov-
ernment Code; and Sections 29114 and 29508, Public Resources Code.
History
1 . Repealer of former Section 10130, and renumbering and amendment of Section
10180 to Section 10130 filed 5-18-87; operaiive''6- 17-87 (Register 87, No.
30.) For prior history, see Registers 80, No. 48 and 73, No. 16.
2. Renumbering of former section 10130 to new section 10131 and new section
10130 filed 9-19-96; operafive 10-19-96 (Register 96, No. 38).
§ 1 01 31 . McAteer-Petrls Act Jurisdiction and Bay Plan.
The information shown on the San Francisco Bay Plan Maps is in-
tended to portray the actual location of land and water, salt ponds, man-
aged wetlands, certain hills, marshes, and man-made features; however,
the maps do not establish the extent of the Commission's jurisdiction. In
case of any discrepancy between the portrayal of a feature on a Bay Plan
Map and the descriptions in Government Code Section 66610 or these
regulations, the provisions of Government Code Section 66610 and these
regulations shall prevail.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66602, 66610 and 66653, Government Code; and San Francisco Bay Plan.
History
1. Renumbering and amendment of former Section 10131 to Section 10122, and
renumbering and amendment of Section 10181 to Section 10131 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48and75, No. 51.
2. Renumbering of former section 10131 to new section 10132 and renumbering
of former section 10130 to new section 10131 filed 9-19-96; operative
10-19-96 (Register 96, No. 38).
§ 10132. Exclusion of Larkspur and Greenbrae Boardwalk
Areas from McAteer-Petris Act Jurisdiction.
"Areas commonly known as the Larkspur and Greenbrae Board-
walks," means:
(a) within the City of Larkspur, any area, excepting certain sloughs,
situated within the area described in the "Notice of Non-Jurisdiction of
the BCDC — Larkspur Boardwalk" appearing as Appendix A to these
regulations and filed by the Executive Director with the County of Marin;
and
(b) within the County of Marin, any area, excepting certain sloughs,
situated within the area described in the "Notice of Non-Jurisdiction of
the BCDC — Greenbrae Boardwalk" appearing as Appendix B to these
regulations and filed by the Executive Director with the County of Marin.
NOTE: Authority cited: Sections 66610 and 66632(f), Government Code. Refer-
ence: Section 66610(e), Government Code.
History
1. Renumbering amendment of former Section 10132 to Section 10123, and new
Section 10132 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For
prior history, see Register 80, No. 48.
2. Renumbering of former secfion 10132 to new section 10133 and renumbering
of former section 10131 to new section 10132 filed 9-19-96; operafive
10-19-96 (Register 96, No. 38).
§ 10133. Determination of Shoreline and Map Boundaries.
(a) Upon written request, the Commission's staff will furnish a de-
scription in words of the Commission's jurisdiction. Upon written re-
quest and upon submission by any person of a map at an appropriate scale
and showing sufficient topographic data, the Commission's staff will in-
dicate upon such map or a copy thereof the location of the Commission's
jurisdiction or of any particular boundary in a particular area represented
by one or more of the San Francisco Bay Plan Maps.
(b) Upon written request from any person who has obtained a map or
description as provided in the preceding paragraph, the Commission
shall by resolution determine by map or in words the location of the Com-
mission's jurisdiction.
(c) These maps or descriptions in words need not be based upon sur-
veys performed for the Commission, but may be based on any reliable
sources available.
NOTE: Authority cited: Secfion 66632(f), Government Code. Reference: Sections
66602, 66610 and 66653, Government Code; and San Francisco Bay Plan.
HtSTORY
1. Renumbering and amendment of former secfion 10133 to secfion 10125, and
new section 1 0133 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For
prior history, see Register 80, No. 48.
2. Amendment of subsection (a)(3) filed 4-18-90; operafive 5-18-90 (Register
90, No. 18).
3. Amendment of subsection (a)(4) and Note filed 5-24-96; operative 6-23-96
(Register 96, No. 21).
4. Renumbering of former section 10133 to new secfion 10134 and renumbering
of former section 10132 to new section 10133 filed 9-19-96; operative
10-19-96 (Register 96, No. 38).
§ 10134. Determination of Permit Requirements for
Subdivisions.
(a) Within 1 5 days of receipt of a written request, the Executive Direc-
tor shall determine whether a proposed subdivision or other division of
land constitutes a substantial change in use requiring a permit; provided
that the request is accompanied by the following information:
(1) the name and address of all current owners of the property;
(2) the name and address of the person making the request;
(3) proof that the person making the request has sufficient legal inter-
est in the property as provided in Appendix F or is an affected local gov-
ernment;
(4) an accurate map at a scale reasonably sufficient to evaluate the
project and that shows (A) the existing and proposed parcel lines; (B) the
topography of the site; (C) the shoreline and the upland edge of the Com-
mission's 100-foot shoreline band jurisdiction; (D) existing structures,
uses, and vegetation on the site; and (E) public streets in the vicinity of
the property.
(b) A person submitting a request pursuant to paragraph (a) may ap-
peal the decision of the Executive Director to the Commission, which
shall by resolution determine whether the request was properly submitted
and whether the proposed subdivision or other division of land consti-
tutes a substantial change in use. The appeal shall be in writing and shall
contain the reasons for disagreement with the decision of the Executive
Director.
NOTE: Authority cited: Secfion 66632(f), Government Code. Reference: Section
66632, Government Code; and Littoral Dev. Co. v. San Francisco Bay Conserva-
tion and Dev. Common (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518.
History
1. Renumbering of former section 10133 to new secfion 10134 filed 9-19-96; op-
erafive 10-19-96 (Register 96, No. 38).
Cliapter 2. The Commission, the Staff, and
the Advisory Review Boards
Article 1. Regular Meetings
§ 1 021 0. Date and Time.
The Commission shall ordinarily hold regular meetings on the first and
third Thursday of each month. The meetings shall begin at an hour set by
resolution of the Commission.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Secfion 29520(a), Public Resources Code.
History
1 . Repealer of former Section 10210, and renumbering and amendment of Section
10230 to Secfion 10210 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 79, No. 29.
Page 505
Register 2007, No. 7; 2-16-2007
§ 10211
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§10211. Changes.
The Chair may change the starting time of any meeting if he or she ex-
pects the meeting to be unusually long or if it conflicts with other meet-
ings. The Chair may also cancel or reschedule a regularly scheduled
meeting to the preceding day or the following day if it conflicts with a
holiday or if a quorum cannot be expected on the scheduled day.
NOTE; Authority cited: Section 66632(0. Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10231 to new Section 10211 filed
5-18-87; operative 6-17-87 (Re2ister87,No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 021 2. Notice of Changes.
Any changes in a regularly scheduled meeting time may be made by
giving notice thereof as provided in Section 10213 or as provided in Sec-
tion 10231.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 1 1 125. Government Code.
History
1. Renumbering and amendment of Section 10233 to new Section 10212 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§10213. Meeting Notice.
Written notice of the time and place of a regularly scheduled meeting
and a preliminary agenda shall be mailed by first class not less than ten
(10) working days before the meeting. If an interruption in regular mail
service occurs, alternative notice may be given. Such alternative notice
shall consist of telephoning each Commissioner and each Alternate and
publishing a notice of the time and place of the meeting and a summary
of the preliminary agenda in a newspaper of general circulation not less
than ten (10) working days before the meeting.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code.
History
1. Renumbering and amendment of Section 10240 to new Section 10213 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 10214. Who Shall Receive Notice.
The notice shall be mailed to Commission members, to all parties to
the proceedings on the agenda, to interested organizations and individu-
als, to owners and residents of nearby property identified by the applicant
pursuant to Appendix D item 20, to any person who requests the notice
in writing, and to all agencies that have jurisdiction by law with respect
to any proposed activity that is listed in the notice. The Executive Direc-
tor may require each person requesting the notice to provide the neces-
sary number of self-addressed, stamped, four-inch by nine and one-half
inch envelopes for the purpose of mailing the notice.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code;
and Section 21080.5(d)(2)(C), Public Resources Code.
History
1. Renumbering and amendment of section 10241 to new section 10214 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Reg-
ister 2007, No. 7).
Article 2. Special Meetings
§ 10220. Time and How Called.
A special meeting may be called for any day during normal working
hours by resolution of the Commission, by written petition of a majority
of the full Commission, or by written call of the Chair.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1 . Repealerof former Section 10220, and renumbering and amendment of Section
10250 to Section 10220 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 79, No. 29.
§10221. Notice.
Notice of any special meeting shall be given as provided in Section
10213.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code.
History
1. Repealerof former Section 10221, and renumbering and amendment of Section
10251 to Section 10221 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior histoi-y, see Registers 80, No. 48 and 79, No. 29.
Article 3. Emergency Meetings
§ 10230. Time and Reason For.
The Chair may call an emergency meeting for any day and time if
Commission action is or may be needed in a situation that poses danger
to life, health, or property.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 11125.5, Government
Code.
History
1. Renumbering and amendment of former Section 10230 to Section 10210, and
renumbering and amendment of Section 10260 to Section 10230 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48 and 79, No. 29.
§10231. Notice.
Members of the Commission shall be notified of an emergency meet-
ing at least thirty-six (36) hours prior to the meeting.
NotE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 11125.5, Government
Code.
History
1. Renumbering and amendment of former Section 10231 to Section 10211, and
renumbering and amendment of Section 10261 to Section 10231 filed 5-18-87;
operative 6-17-87 (Register 87. No. 30). For prior history, see Registers 80, No.
48 and 79, No. 29.
§ 10232. Prerequisites for Commission Action.
The Commission shall not vote on any matter at any emergency meet-
ing unless it first determines by a vote of three-fourths of the members
present that the matter may involve danger to fife, health, or property and
may need Commission action to avoid or mitigate the danger.
Note: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code.
History
1 . Repealer of former Section 10232, and renumbering and amendment of Secfion
10262 to Section 10232 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 79, No. 29.
Article 4. Meetings — Quorum and
Procedures
§10240. Quorum.
A quorum for all Commission meetings shall be fourteen (14) mem-
bers, of whom thirteen (13) must be non-federal representatives. The
Commission shall take no action in the absence of a quorum except that
a lesser number of members may adjourn a meeting, may act as a commit-
tee to continue a public hearing, and may act as a committee of the Com-
mission for such purposes as the Commission or Chair specified in ap-
pointing the committee.
Note: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 10240 to Section 10213, and
renumbering and amendment of Secfion 10270 to Section 10240 filed
Page 506
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10252
•
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ters 80, No. 48 and 79, No. 29.
§ 10241. Voting — Number Required to Authorize Action.
Except as otherwise provided iti Title 7.2 of the Government Code, in
Sections 29000 through 29610 of the Public Resources Code, or in these
regulations, actions of the Commission, including passage of resolutions
not subject to special provisions, shall be by vote of a majority of the
members present and voting.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and
Division 19, Public Resources Code.
History
1. Renumbering and amendment of former Section 10241 to Section 10214, and
renumbering and amendment of Section 10271 to Section 10241 filed 5-1 8-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
§ 1 0242. Procedures — Robert's Rules of Order.
The Commission shall follow Robert's Rules of Order unless the rules
conflict with Title 7.2 of the Government Code, Sections 29000 through
296J 0 of the Public Resources Code, or these regulations. The appropri-
ate code section or regulation will govern if such a conflict exists.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10272 to new Section 10242 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§10243. Agenda.
(a) The Executive Director shall set the agenda for regular meetings.
(b) The Chair may alter the sequence of the agenda for any particular
meeting if he or she believes such change is desirable.
(c) The Executive Director or the Chair may set specific times for the
consideration of particular items.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10273 to new Section 10243 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10244. Recording of Meetings.
Commission meetings shall be recorded electronically unless equip-
ment failure prevents this. The Commission staff shall retain each record-
ing for at least one year and shall make it reasonably available for replay-
ing at the Commission's offices.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10275 to new Section 10244 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 1 0245. Minutes of Meetings.
(a) The Commission shall keep full and accurate minutes of its meet-
ings and make them available to the public.
(b) The Executive Director and the Chair at a particular meeting shall
sign the minutes.
(c) Signed minutes shall be the original evidence of actions taken by
the Commission.
NotE: Authority cited: Section 66632(0, Government Code; and Secfion
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10276 to new Section 10245 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10246. Public Comment Period.
(a) At each Commission meeting, the Commission shall provide the
public with an opportunity to address the Commission on any matter on
which the Commission has not already held a public hearing and which
is not scheduled for a public hearing during the meeting.
(b) The Commission may provide the public the opportunity required
by subdivision (a) either prior to or as part of Commission consideration
of the matter on which comments would be offered.
(c) Speakers shall be heard in the order in which they sign up and shall
generally be limited to three minutes each. The total time for public com-
ment shall generally be limited to a total of fifteen (15) minutes.
(d) The Commission may provide more time to each speaker and may
extend the total time available for public comment beyond fifteen (15)
minutes if the Commission or the Chair believes that such an extension
is necessary to allow a reasonable opportunity for all members of the pub-
lic who want to testify.
(e) Members of the public who believe that they need additional op-
portunity to communicate with the Commission may present written ma-
terial to the Commission at any time subject to such deadlines as the
Commission or Chair may impose concerning matters for which specific
Commission action may be required in the future.
(f) The Executive Director shall insure that copies of all written materi-
als received prior to any deadline established by the Commission or the
Chair are provided to the Commission in a timely manner.
(g) The Commission shall not take any action on any matter raised dur-
ing the public comment period other than to schedule the matter for a fu-
ture meeting agenda or to refer the matter to the staff for investigation un-
less the matter is already scheduled for action by the Commission later
in the meeting.
Note-, Authority cited: Sections 11125.7 and 66632(0, Government Code; and
Section 29201(e), Public Resources Code. Reference: Section 11 125.7, Govern-
ment Code.
History
1. New section filed 2-27-98; operative 3-29-98 (Register 98, No. 9).
Article 5. Officers
§ 1 0250. Duties of the Chair.
(a) The Chair shall preside at all meetings of the Commission, shall ex-
ecute documents for the Commission requiring such execution and shall
perform such other duties as the Commission provides by resolution.
(b) The Chair shall, in collaboration with and with the concurrence of
the Commission, appoint the members and chair persons of the Design
Review Board, the Engineering Criteria Review Board, the Citizen's Ad-
visory Committee, and representatives of the Commission to boards,
committees, and other commissions as may be necessary.
NOTE: Authority cited: Secfion 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former Section 10250 to Section 10220, and
renumbering and amendment of Section 10281 to Secfion 10250 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
§ 1 0251 . Duties of Vice Chair.
In the absence of the Chair, the Vice Chair shall perform those duties
of the Chair that cannot reasonably await the return of the Chair.
NOTE: Authority cited: Secfion 66632(0, Government Code; and Secfion 29201,
Public Resources Code. Reference: Secfion 66632, Government Code; and Sec-
fion 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former Secfion 10251 to Section 10221, and
renumbering and amendment of Section 10282 to Secfion 10251 filed 5-18-87;
operafive 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
§10252. Acting Chair.
The Chair or, in the absence of the Chair, the Vice Chair or, in the ab-
sence of the Chair and the Vice Chair, a majority of the Commission shall
Page 507
Register 2007, No. 7; 2-16-2007
§ 10260
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
appoint an Acting Chair when neither the Chair nor Vice Chair may be
available to perform the duties of the Chair.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 6. Staff
§ 1 0260. Executive Director — Appointment and Term.
The Commission shall appoint an Executive Director to serve at the
pleasure of the majority of the members of the Commission.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66635, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former Section 10260 to Section 10230, and
renumbering and amendment of Section 1 0290 to Section 1 0260 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Resister 80. No.
48.
§ 10261. Executive Director — Duties and Delegation.
(a) The Executive Director shall administer the affairs of the Commis-
sion in accordance with the direction and pohcies of the Commission. He
or she shall also appoint such other employees as may be necessary to
carry out the functions of the Commission. Appointments of staff mem-
bers shall be presumed to be approved by the Commission unless the
Commission objects by a majority vote at the meeting when the Execu-
tive Director announces the appointment.
(b) Except as specifically provided by Commission resolution, the Ex-
ecutive Director may delegate the performance of any of his or her func-
tions, including those specifically prescribed by the McAteer-Petris Act,
the Suisun Marsh Preservation Act, or by these regulatiotis, but such
delegation shall not affect his or her responsibility to see that the direc-
tions and policies of the Commission are carried out fully and faithfully.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66635, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former Section 10261 to Section 10231, and
renumbering and amendment of Section 10291 to Section 10261 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
§ 10262. Acting Executive Director.
(a) The Executive Director shall designate a member of the staff to
serve as acting Executive Director while the Executive Director is absent
or unable to perform his or her regular duties.
(b) If the Executive Director is unable to perform his or her regular du-
ties and has not designated an acting Executive Director, the Chair may
perform those duties or may designate an acting Executive Director.
(c) The acting Executive Director shall have the same powers, duties,
and responsibilities as the Executive Director.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66635, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former Secfion 10262 to Section 10232, and
renumbering and amendment of Section 10292 to Section 10262 filed 5-18-87;
operative 6-1 7-87 (Resister 87, No. 30). For prior history, see Register 80, No.
48.
(b) The Board shall advise the Commission and the staff on the appear-
ance and design of projects for which a Commission permit or consisten-
cy determination is needed, particularly as the project affects public ac-
cess to the Bay and shoreline.
(c) Four members shall constitute a quorum for Board meetings and
shall be the minimum necessary for the Board to consider any matter.
(d) The Commission may designate up to ten former Board members
to act as a pool of alternates to substitute for current Board members who
cannot participate in any Board meeting or the consideration of any spe-
cific matter at any Board meeting.
(e) When fewer than all seven members of the Board will be available
to participate in the Board's consideration of a matter, the Executive Di-
rector may designate one or more alternate Board members selected from
the pool estabhshed by the Commission pursuant to paragraph (d) to sub-
stitute for the Board member or members who cannot participate in the
Board's consideration of and action on that matter so long as the total
number of Board members that considers a matter does not exceed seven.
(f) When designating an alternate Board member pursuant to para-
graph (e), the Executive Director shall select an individual in a profes-
sional discipline and with professional experience as mush as possible
like those of the Board member who cannot participate in the Board's
consideration of the particular matter.
(g) Alternate Board members designated pursuant to paragraphs (e)
and (f) shall have the same powers and authority to participate in the
Board's consideration and action on any matter as a regular Board mem-
ber.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66635, Government Code;
and Section 29520(a), Pubhc Resources Code.
History
1 . Renumbering and amendment of former Section 1 0270 to Section 10240, and
renumbering and amendment of Section 1 0295 to Section 10270 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Amendment filed 12-30-98; operative 1-29-99 (Register 99, No. 1).
§ 1 0271 . Membership and Function of Engineering Criteria
Review Board.
The Engineering Criteria Review Board shall consist of not more than
eleven (11) members, including at least one (1) geologist, one (1) civil
engineer specializing in soils, one (1) structural engineer, and one (1) ar-
chitect. The Board shall advise the Commission on problems relating to
the safety of fills and of structures on fills.
Note-. Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66633(b), Government
Code; Section 29520(a), Public Resources Code; and San Francisco Bay Plan.
History
1. Renumbering and amendment of former Section 10271 to Section 10241, and
renumbering and amendment of Section 10298 to Section 10271 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
Article 7. Advisory Boards
§ 10270. IVIembership and Function of Design Review
Board.
(a) The Design Review Board shall consist of seven (7) members of
the design professions, including at least one (1) architect, one (1) land-
scape architect, and one (1) engineer.
Article 8. Ex Parte Communications
§10280. Purpose.
Fairness and due process of law are essential elements of responsible
government. Public confidence in government is highest when an agency
conducts its adjudicatory business openly and impartially. This regula-
tion supplements and helps explain minimum legal requirements con-
cerning the disclosure of communications that occur outside of the nor-
mal hearing process and would therefore not be part of the administrative
record when the Commission acts on permit applications and on enforce-
ment cases and takes other adjudicatory actions. However, Commission
members can, and are encouraged to, disclose more information relative
to any communication that occurs outside of the public record to ensure
that all Commission members can make informed decisions.
NOTE: Authority cited: Sections 11400.20 and 66632(f), Government Code; and
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.10,
11430.20, 11430.30, 11430.40, 66632 and 66638, Government Code; and Sec-
tions 29520, 29524 and 29601, Public Resources Code.
Page 508
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10287
•
History
1. New article 8 (sections 10280-10289) and section filed 12-27-2004; operative
1-26-2005 (Register 2004, No. 53).
§ 1 0281 . Definition of an Ex Parte Communication.
An ex parte communication is any oral or written communication re-
garding a pending adjudicatory proceeding between a member of the
Commission and either any party to the pending Commission adjudicato-
ry proceeding or a member of the public that does not occur in a Commis-
sion public hearing, Commission workshop, or other official Commis-
sion proceeding or on the official Commission record for the proceeding.
NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and
Section 29201(e), Public Resources Code. Reference; Sections 11403.20,
11405.30, 11405.40, 11405.50, 11405.60, 11405.70, 11405.80, 11410.10.
1 1410.20, 1 1430.10, 66632 and 66638, Government Code; and Sections 29520,
29524 and 29601, Public Resources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 10282. Definitions of a Quasi-Judicial Proceeding and of
a Quasi-Legislative Proceeding.
All Commission actions are considered to be either adjudicatory or
quasi-legislative. An adjudicatory action by the Commission affects spe-
cific rights or interests of an individual or business entity based on specif-
ic facts, such as the granting of a permit, the issuance of a cease and desist
order, the issuance of a report to the California Energy Commission pur-
suant to California Government Code Section 66645(d), or Commission
review of a federal consistency determination or certification. A quasi-
legislative action generally applies to a given class or group of individu-
als or entities and usually takes the form of a Commission plan amend-
ment, policy, or regulation.
Note: Authority cited: Secfions 11400.20 and 66632(f), Government Code; and
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632,
66638 and 66645(d), Government Code; and Sections 29520, 29524 and 29601,
Public Resources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 10283. General Policy and Disclosure of Ex Parte
Communications.
(a) Ex parte communications are prohibited in adjudicatory actions.
However, if such a prohibited communication occurs, any Commission
member who receives an ex parte communication concerning any adju-
dicatory matter pending before the Commission shall disclose the con-
tent of the communication on the record.
(b) The disclosure shall occur prior to or at the same time as the Com-
mission considers the matter that is the subject of the ex parte commu-
nication.
(c) Compliance with this disclosure requirement regarding the receipt
of an ex parte communication in written form shall be accomplished by
sending a copy of the written communication and any response to the
communication to the Commission Executive Director as soon as practi-
cable.
(d) Compliance with this disclosure requirement regarding the receipt
of an ex parte communication orally shall be accomplished by submitting
a memorandum to the Executive Director for inclusion into the record of
the matter that is the subject of the ex parte communication.
(e) The memorandum required by paragraph (d) shall include the sub-
stance of the communication, any response by the recipient Commission
member, and the identity of each person from whom the recipient Com-
mission member received the communication.
(f) This policy shall not apply to quasi-legislative matters such as the
adoption of or the amendment to a Commission plan, the adoption of or
the amendment of a Commission regulation, and Commission comments
on proposed or pending legislation.
NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and
Section 29201(e), Public Resources Code. Reference: Sectionsl 1430.10,
1 1430.40, 66632, and 66638, Government Code; and Sections 29520, 29524 and
29601, Public Resources Code.
History
1 . New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 10284. Permissible Ex Parte Communications.
The following types of ex parte communications are not prohibited by
these regulations and do not require any disclosure into the record:
(a) communications specifically authorized by statute and required for
the disposition of an adjudicatory matter;
(b) the communication involves a matter of procedure or practice that
is not in controversy;
(c) the communication is from an einployee or representative of
BCDC who has not served as an investigator, prosecutor, or advocate
during the proceeding or pre-adjudicative state and whose purpose is to
assist or advise the Commission;
(d) the communication is from an employee or representative of
BCDC and concerns a settlement proposal advocated by the employee
or representative; and
(e) the communication is from an employee or representative of
BCDC and involves a non-prosecutorial proceeding.
Note: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.20,
1 1430.30. 66632 and 66638, Government Code; and Sections 29520, 29524 and
29601, Public Resources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 1 0285. When the Policy Applies.
(a) The policy established by Sections 10283 and 10284 shall com-
mence to apply for a permit application or a federal consistency deter-
mination or certification when an applicant first submits an applicarion,
a consistency determination, or a consistency certification to the Com-
mission.
(b) The policy shall commence to apply for a Commission enforce-
ment action when the Commission staff mails either a violation report or
a complaint for the imposition of administrative civil penalties.
Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and
Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632
and 66638, Government Code; and Secfions 29520, 29524 and 29601 , Public Re-
sources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 10286. Notification of Parties and Interested Persons.
(a) As soon as is practicable, the Execurive Director shall notify in
writing all parties to a proceeding and all persons interested in the pro-
ceeding that a Commissioner has received an impermissible ex paite
communication.
(b) If the communication was received orally, the Executive Director
shall include a copy of the memorandum and any response to the commu-
nication required by Sections 10283(d) and (e) with the written noufica-
tion.
(c) If the communication was received in writing, the Executive Direc-
tor shall include acopy of the written communication with the written no-
tification.
(d) In either case, the notice shall also state that the party or person be-
ing notified must request an opportunity to address the Commission con-
cerning the communication within 10 days of receiving the notice or the
party or person shall waive the opportunity to address the Commission.
Note: Authority cited: Sections 11400.20 and 66632(0, Government Code; and
Section 29201(e), Public Resources Code. Reference: Sections 1 1430.50, 66632
and 66638, Government Code; and Sections 29520, 29524 and 29601 , Public Re-
sources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 1 0287. Party Opportunity to Respond to an Ex Parte
Communication.
If a party requests an opportunity to address the Commission concern-
ing the communicarion within 10 days as required by Section 10286, the
Commission shall grant the request and may allow the requesting party
to present rebuttal evidence concerning the subject of the ex parte com-
munication.
Page 508.1
Register 2007, No. 7; 2-16-2007
§ 10288
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and
Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632
and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Re-
sources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 10288. Ex Parte Communications After the Close of the
Public Hearing and After the End of the Time
Period for Receipt of Written Communications;
Public Comments and Responses.
(a) If an oral ex parte communication occurs after the close of the pub-
lic hearing or a written ex parte communication occurs after the deadline
for submitting written comments, the ex parte communication shall be
disclosed as required by Section 10283.
(b) The Commission Chair or the Commission may determine that the
communication contains new or different information pertinent to the de-
cision being made. The Commission Chair or the Commission may also
determine that reopening the public hearing is therefore necessary to pro-
tect the integrity of the decision-making process.
(c) If the Commission chair or the Commission makes both such deter-
minations, it shall circulate the communication to the entire Commission
and may reopen the public hearing to allow the public sufficient opportu-
nity to comment on and to rebut the information contained in the commu-
nication unless a legal deadline for voting prevents reopening the hear-
ing.
(d) If necessary, either the deadline for Commission voting shall be ex-
tended or the Commission shall deny the application because of the pub-
lic's inability to comment on the new or different information.
(e) If a conflict occurs between this section and Commission Regula-
tion Section 10430, this section shall take precedence.
NOTE: Authority cited: Sections 1 1400.20 and 66632(0, Government Code; and
Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632
and 66638, Government Code; Sections 29520, 29524 and 29601, Public Re-
sources Code.
History
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§10289. Field Trips.
(a) A Commission member may take an individual field trip to the site
of a proposed project or a pending enforcement action so long as the
Commission member discloses the fact of the field trip and the substance
of all that he or she observed to the Commission as soon as practicable
afterwards.
(b) The Commission's policy on ex parte communications shall apply
to any communication that involves a Commission member that occurs
during a field trip either by an individual Commission member or by the
Commission.
NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and
Section 29201(e), Public Resources Code. Reference: Sections 11430.10,
1 1430.20, 1 1430.30, 1 1430.40, 1 1430.50. 66632 and 66638, Government Code;
and Sections 29520, 29524 and 29601, Public Resources Code.
History
1 . New section filed 12-27-2004: operative 1-26-2005 (Register 2004, No. 53).
Chapter 3. Major Permits Procedures:
Applications, Amendments to Applications,
and Application Summaries
Subchapter 1. Definitions
Article 1. Definitions
§10300. Major Permits.
A major permit is any Commission permit other than an adininistrative
permit, an emergency pennit, a regionwide permit or an abbreviated re-
gionwide permit.
NOTE: Authority cited: Section 66632(f). Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29601, Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment of section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
Subchapter 2.
Applications for a Major
Permit
Article 1. Application Requirements
§ 10310. Summary of Prerequisites for Filing a Major
Permit Application.
The Commission shall file a major permit apphcation pursuant to Cali-
fornia Government Code section 66632 only when the applicant has sub-
mitted all of the following materials to the Executive Director:
(a) one (1) original and six (6) copies of a fully completed and property
executed application form, which these regulations contain as Appendix
D;
(b) an executed Certificate of Posting of "Notice of Pending BCDC
Application" form, which these regulations contain as Appendix E;
(c) exhibits to the application form, as described in Appendix F and
Section 10625;
(d) a check or money order in the amount of all applicable filing fees
in compliance with Appendix M;
[The next page is 509.
Page 508.2
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10315
(e) for all projects that constitute a "surface mining operation" under
the Surface Mining and Reclamation Act and that are not exempt under
Cal. Public Resources Code sections 2714 or 2776, a reclamation plan
that complies with Cal. Public Resources Code section 2772;
(0 evidence that:
(1) all local discretionary approvals (i.e., all approvals other than min-
isterial permits such as building permits) have been granted, or
(2) for subdivisions or other land divisions requiring a Commission
permit for which final local approval or disapproval has not been granted,
a statement that the local government either favors the project, with or
without conditions, or does not favor the project.
NOTE; Authority cited: Section 66632, Government Code; and Section 29201(e),
Public Resources Code. Reference: Sections 65940-65942, 66632(f) and 84308,
Government Code; Sections 2770, 2774, 21080.5, 21082, 21 160 and 29520, Pub-
lic Resources Code; and the San Francisco Bay Plan.
History
1 . Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsections (a), (b), (c) and (f) filed 4-1 8-90; operafi ve 5-1 8-90
(Register 90, No. 1 8).
4. Amendment of subsection (d) filed 11-20-91; operative 12-20-91 (Register
92, No. 8).
5. Amendment of subsection (c) filed 1-26-98; operative 2-25-98 (Register 98,
No. 5).
6. Amendment of subsection (a) and Note filed 2-2-98; operative 3-4-98 (Regis-
ter 98, No. 6).
§ 1 0311 . Waiver or Modification of Filing Requirements.
(a) Except as provided in subsection (b), the Executive Director may,
at his or her sole discretion, waive or modify any or all of the permit appU-
cation filing requirements contained in Section 10310, Appendix D, Ap-
pendix E, and Appendix F if he or she concludes all of the following: the
otherwise required information is not necessary (1) to determine whether
the proposed activity would be consistent with all applicable laws and po-
licies, (2) to allow the government agencies specified in Section 10360
to review and comment on the proposed project, and (3) to provide ade-
quate public notice of the project.
(b) The Executive Director may not waive or modify either (1) the re-
quirement that a permit application must obtain all local discretionary
governmental approvals pursuant to Government Code Section 66632(b)
and Regulation Section 10310(f). (2) the applicable filing fee for the
application, or (3) the requirement that the application include all public
improvements and public utility facilifies necessary or incidental to the
proposed project and the names and mailing addresses of all public agen-
cies or public ufilities that will have ownership or control of the public
improvements and public utility facilities if the permit is granted and the
project built.
NOTE; Authority cited: Section 66632(0, Government Code; and Section
29201(e), Pubhc Resources Code. Reference: Sections 65940-65942 and 66632,
Government Code; and Section 29520, Public Resources Code.
History
1 . Repealer and new section filed 5-18-87; operafive 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment of section heading and section filed 1-22-98; operative 2-21-98
(Register 98, No. 4).
5. Amendment filed 2-27-98; operative 3-29-98 (Register 98, No. 9).
§ 10312. Postponement of Filing Requirements.
The Executive Director may, at his or her sole discrehon, postpone the
time when an applicant must submit any of the information for which the
Executive Director can waive submittal under Section 10311 if:
(1) the Executive Director decides that the information is not neces-
sary at the time of filing,
(2) the applicant agrees to provide the informafion at such time as the
Executive Director requests, and
(3) the applicant acknowledges in writing that the Commission may
deny the application if the applicant does not provide the information
when the Executive Director requests it because the Commission lacks
sufficient information to determine whether the application is consistent
with all applicable policies.
NOTE; Authority cited: Section 66632(f), Government Code; and Section 29201,
Public Resources Code. Reference: Sections 65944 and 66632, Government
Code; and Sections 2714, 2728, 2733, 2735, 2771, 2772, 2773, 2774 and 29520,
Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment filed 4-18-90; operafive 5-18-90 (Register 90, No. 18).
4. Amendment of first paragraph filed 2-27-98; operative 3-29-98 (Register 98,
No. 9).
§10313. Parcel Map.
NOTE: Authority cited: Section 66632(f), Government Code; and Section 29601,
Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Gov-
ernment Code; and Section 29520, Public Resources Code.
History
1. Repealer and new secdon filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Repealer filed 10-12-89; operafive 10-12-89 (Register 89, No. 43).
§ 10314. List of Affected Property Owners.
Note; Authority cited: Section 66632(f), Government Code; and Secdon 29601,
Public Resources Code. Reference: Secdons 65940-65942 and 66632(d), Gov-
ernment Code; and Section 29520, Public Resources Code.
History
1. Repealer and new secdon filed 5-18-87; operafive 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operafive 10-12-89 (Register 89, No. 43).
3. Repealer filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
§ 10315. Submittal of Design Review Board Materials.
(a) An applicant for a Bay Commission permit for a project that re-
quires review by the Design Review Board shall submit, except as pro-
vided in subsection (g) below, all of the following to the Commission
staff at least 14 days prior to the schedule Design Review Board meeting
at which the Board will review the project:
(1) a description of the proposed project that complies with subsecUon
(b) of this section;
(2) an 8 1/2" by 1 1 " vicinity map that complies with Appendix F; and
(3) ten (10) copies, 8 1/2" by 11" in size, and one (1) copy, at a scale
of either 1 " = 20 ' , 1 " = 30 ' , or 1 " = 40 ' and which can be read from
a distance of 20 feet, of each of the following:
(A) a site plan that complies with subsection (c) of this section,
(B) a public access detail plan that complies with subsection (d) of this
section,
(C) one cross section that designates the elevations of and clearly illus-
trates the relationship between 1. the shoreline, 2. the top of the bank, 3.
any existing or proposed public access path, 4. the floor of a representa-
tive structure, and 5. the top of a representative building, and
(D) if the public access being proposed for a project contains two or
more public access areas that differ substantially in quality or width or
distance from the line of highest tidal action, additional cross sections for
each such different public access area that provide the information re-
quired in subsecfion 10315(a)(3)(C).
(b) The descripfion of the proposed project shall contain the following
information:
(1) proposed uses of the project;
(2) the dimensions, areas, and height of all structures;
(3) the area of the parcel(s) on which the project will be constructed,
the area of the parce](s) that is upland, the area of the parcel(s) that is tide-
land, and the area of the parcel(s) that is submerged lands;
(4) the length of the shoreline measured along the shoreline;
(5) the area of the project site that is located within the Commission's
"shoreline band" jurisdiction pursuant to Govt. Code section 66610(b);
(6) the area of proposed public access;
(7) the status of the project in the local governmental approval process;
(8) the amount of proposed dredging;
Page 509
Register 98, No. 9; 2-27-98
§ 10316
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(9) the amount of proposed riprap or other shoreline protection; and
(JO) the volume of proposed fill in cubic yards and the area of proposed
fill in square feet.
(c) The site plan shall show or contain the following information:
(1) the location and dimensions of all proposed sohd fill, buildings,
bulkheads, piers, docks, decks, pipes, outfalls, and other similar struc-
tures;
(2) the location and elevation of all existing and proposed riprap;
(3) the footprints of all existing buildings to be removed (outlined with
dashed lines), all existing buildings to remain (outlined with solid lines),
and all proposed buildings (outlined with solid lines with interiors
shaded);
(4) existing and proposed service areas for delivery, storage, garbage,
and other similar uses;
(5) existing and proposed fences, with type of material(s) and height;
(6) existing and proposed on-site driveways, streets, drop-off areas,
and parking;
(7) existing and proposed pedestrian circulation, including sidewalks
and paths;
(8) existing and proposed public access areas, including paths, plazas,
and landscaped areas;
(9) areas of marsh, salt pond, managed wetland, and mudflats;
(10) existing and proposed contours;
(11) all existing and proposed easements across the site;
(12) if a marina is included in the project:
(A) the berthing layout;
(B) the dimensions for docks and ramps and an indication if they are
supported by pilings or are floating;
(C) the location and dimensions of the drop-off areas;
(D) the location of all security gates;
(E) the location of all gear storage areas;
(F) the location and dimensions of the harbormaster office;
(G) the location of all restrooms;
(H) the location of all existing and proposed showers;
(I) the location of all existing and proposed gas docks;
(J) the location of all existing and proposed pumpout facilities;
(K) the location of all existing and proposed oily waste disposal facili-
ties;
(L) the location of all existing and proposed launch ramps or hoists;
(M) the location of all existing and proposed small boat trailer parking
and storage; and
(N) the location of all existing and proposed guest berthing.
(d) The public access detail plan shall show or contain the following
information:
(1) the locations and dimensions of all existing and proposed areas of
fill for public access;
(2) the locations, typical widths, and typical elevations of all existing
and proposed paths;
(3) the location, dimensions, and elevations of all existing and pro-
posed seating areas;
(4) the location and dimensions of all existing and proposed irrigated
landscaped areas (distinguish areas containing either trees, tall shrubs,
low shrubs, groundcover, or lawn);
(5) the location and dimensions of all existing and proposed nonirri-
gated landscaped areas (distinguish areas containing either trees, tall
shrubs, low shrubs, groundcover, and lawn);
(6) the location and height of all existing and proposed berms or
mounds;
(7) the location and type of all existing and proposed lighting;
(8) the location of all existing and proposed restrooms;
(9) the types of paving materials;
(10) the location and number of spaces of all existing and proposed
public parking;
(11) the location of all existing and proposed public access signs;
(12) the location of all connections from existing or proposed public
access to the nearest public areas or public sidewalks;
(13) the locati on and dimensions of all existing and proposed view cor-
ridors;
(14) seasonal wind directions;
(15) the location and dimensions of all areas of midday shadow cast
by structures on the longest and shortest days of the year; and
(16) dimensions of the minimum, maximum and average widths of the
overall public access areas.
(e) The cross section(s) required by subsection 10315(a)(3)(C) and
10315(a)(3)(D), the site plan required by subsections 10315(c), and the
public access detail plan required by subsection 10315(d) shall all con-
tain the following information:
(1) a title;
(2) the name and address of the person who prepared the plan;
(3) the date of the plan;
(4) a north arrow;
(5) a scale;
(6) the location and the elevation of the line of highest tidal action;
(7) the location and elevation of the top of the baiTk;
(8) the location and elevation of the landwai'd limit of the Commis-
sion's 100-foot shoreline band jurisdiction;
(9) the location and dimensions of all parcel lines; and
(10) the location of any contiguous parcels owned by an applicant or
coapplicant.
(f) All elevations shown on the cross-section(s), the site plan, or the
public access detail plan shall be shown in National Geodetic Vertical
Datum.
(g) The Executive Director may modify or waive any or all of the proj-
ect description, site plan, pubhc access plan, elevations, or tidal datum
reference point requirements of this section if he or she determines that
the information is not necessary for Design Review Board evaluation of
the proposed project.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Public Ac-
cess, Finding b (page 26), Policy 9 (page 28); and Littoral Dev. Co. v. San
Francisco Bay Conservation and Dev. Conini 'n (1994) 24 Cal.App. 4th 1050, 29
Cal. Rptr. 2d518.
History
1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
2. Amendment of subsection (a)(2) filed 4-18-90; operative 5-18-90 (Register
90, No. 18).
3. Editorial correction of printing error restoring text corrected (Register 91 , No.
46).
4. Amendment of subsections (a), (a)(3)(C), (b)(4)-(5), (d)(l 2), and (e)-(e)(9) and
Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
5. Amendment of subsection (a) and new subsection (g) filed 1-22-98; operative
l-21-98(Register98, No. 4).
§ 10316. Submittal of Engineering Criteria Review Board
Materials.
An applicant for a Bay Commission permit for a project that requires
review by the Engineering Criteria Review Board (ECRB) shall submit
to the Commission staff, at least 14 days prior to the scheduled ECRB
meeting at which the Board will review the project, all of the following:
thirteen 12" x 18" reductions of any geotechnical reports, structural
plans, engineering analyses and design calculations needed to accommo-
date ECRB review
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Safety of
Fills, Findings a, b, c (page 13), and Policies 1 and 2 (pages 13 and 14)
History
1. New section filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
Page 510
Register 98, No. 9; 2-27-9
Title 14
San Francisco Bay Conservation and Development Commission
§ 10351
Article 2. Schedule of Fees for Filing and
Processing Permit Applications
History
1. Combination and amendment of sections 10330-10338 to form Appendix M
filed 11-20-91; operative 12-20-91 (Register 92, No. 8).Forprioriiistory,see
Register 89, No. 43.
Article 3. Filing Procedures
§ 10350. When an Application Is Submitted for Filing.
(a) An appJication shall be submitted for filing and the thirty (30) day
time period required by California Government Code Section 65943
shall begin to run when an executed application form is received at the
Commission's offices unless the applicant requests in writing that the
application not be accepted as submitted for filing at that fime.
(b) If the applicant requests in writing that the apphcation not be ac-
cepted as submitted for filing when an executed applicafion form is re-
ceived at the Commission's offices, the application shall thereafter be
submitted for filing and the thirty (30) day time period required by Cali-
fornia Government Code Section 65943 and the time periods imposed by
California Government Code Secdon 66632 and either California Gov-
ernment Code SecUon 65950 or 65952 shall begin to run when the staff
receives written notification from the applicant that he or she requests the
application be accepted as submitted for filing.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 65943, Government Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
§10351. Method of Filing.
(a) If the Execufive Director decides to file an application, the original
executed application, all exhibits thereto, and all other relevant docu-
ments shall be stamped "Filed BCDC" with the date of filing.
(b) If the Executive Director decides that an application cannot be
filed, the original executed applicafion, all exhibits thereto, and all other
relevant documents shall be stamped "Not Filed BCDC" with the date of
the Execufive Director's decision.
[The next page is 511.
•
Page 510.1
Register 98, No. 9; 2-27-98
Title 14
San Francisco Bay Conservation and Development Commission
§ 10371
NOTE; Authority cited: Section 66632(f), Government Code: and Section
29201(e), Public Resources Code. Reference: Sections 65943, 65950-65957.1
and 66632, Government Code; and Section 29520, Public Resources Code.
History
1 . Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
§ 10352. Notification of Filing Decision.
Written notification of the Executive Director's decision not to file an
application shall occur at the time the letter is mailed if notification is by
mailing or at the time of presentation if written notification is presented
to the applicant in person.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Sections 65943 and 66632, Govern-
ment Code; and Section 29520, Public Resources Code.
History
]. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
§ 10353. Appeal from the Executive Director's
Determination Not to File an Application.
(a) An applicant may appeal the Executive Director's decision not to
file an application. The appeal shall be in the form of a letter to the Execu-
tive Director. The letter shall explain the reasons for the appeal and in-
clude all facts and materials the applicant believes are relevant to the ap-
peal.
(b) The applicant shall submit the letter of appeal within ten (10) work-
ing days of receiving written notice of the Executive Director's decision
not to file the application.
(c) The Executive Director shall schedule the appeal for hearing and
vote by the Commission as soon as practicable following receipt of the
applicant's appeal letter.
(d) The Commission shall by a majority vote of those present and vot-
ing determine whether to uphold the Executive Director's determination
or to order the permit application filed.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Sections 65943 and 66632, Govern-
ment Code; and Section 29520, Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
Article 4. Distribution of Applications
§ 10360. Distribution of Applications.
The Executive Director shall distribute one (1) copy of the application
and drawings to the following persons or agencies:
(a) U.S. Army Corps of Engineers (San Francisco or Sacramento Dis-
trict);
(b) California Department of Fish and Game (Manager, Region 111);
(c) San Francisco Bay Regional Water Quality Control Board;
(d) State Lands Commission;
(e) Deputy Attorney General assigned to the Commission; and
(f) U.S. Fish and Wildlife Service (Sacramento Office).
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(d), Government
Code; and Secfion 29520, Public Resources Code.
History
1. Repealer and new secfion filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
Article 5. Amendments to Applications
§ 10370. Non-Material Amendments to Pending Major
Permit Applications.
(a) An applicant whose application for a major permit is currently
pending may submit a request to amend the application nonmaterially at
any time prior to the mailing or reading of the staff recommendation on
the previously pending application, whichever occurs first.
(b) The apphcant shall submit the request for a non-material amend-
ment to a permit application by letter that specifies the nature of the
amendment and is signed by the applicant or his or her authorized repre-
sentative.
(c) After the submittal of a request to amend nonmaterially a pending
application for a inajor permit, the Executive Director shall determine
whether or not to file the amended application based on whether the
amendment to the application will or will not materially change the appli-
cation. If the Executive Director concludes that the amendment will ma-
terially change the application, he or she shall refuse to file the amended
application and shall return it to the applicant with a written statement of
the reasons why he or she beheves that the amendment would materially
change the application and a statement that the applicant must now sub-
mit a new application that complies with the filing requirements of Sec-
tion 1 03 10 for the project as amended to amend the application, and shall
continue to process the original application. If the Executive Director de-
termines that the amendment will not materially change the application,
he or she shall file the amended application and shall continue to process
and the Commission shall act on the amended application in accordance
with the Commission's regulations for processing and acting on major
permit applications.
(d) The filing of a request for a nonmaterial amendment to a pending
major permit application shall automatically supersede the original
application, and the amended application shall thereafter be the only
application considered as pending before the Commission.
NOTE; Authority cited: Secfion 66632(f), Government Code; and Section
2920 1 (e). Public Resources Code. Reference: Sections 65943 and 66632, Govern-
ment Code; and Sections 29520 and 29601, Public Resources Code; and B^/ Mar
Estates v. California Coastal Commission (1981) 115 Cal.App.3d 395, 940.
History
1 . Renumbering and amendment of former Section 10370 to Secfion 10380, and
new Secfion 10370 filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For
prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§ 1 0371 . Material Amendments to Pending Major Permit
Applications.
(a) An applicant whose application for a major permit is currently
pending may submit a request to amend the application materially at any
time prior to the mailing or reading of the staff recommendation on the
previously pending application, whichever occurs first.
(b) The applicant shall include the following in any request to amend
materially a pending major permit application and the Executive Director
shall file the request only if the request contains the following:
(1) an agreement in writing that the time periods within which the
Commission must act under the McAteer-Petris Act and the Permit
Streamlining Act on a permit applicauon begin as of the date of the filing
of the request to amend the application and
(2) an application for the project as amended that meets all the filing
requirements contained in these regulations for a major permit applica-
tion.
(c) After the submittal of a request to amend materially a pending
applicarion for a major permit, the Executive Director shall determine
whether or not to file the amended application based on whether the
amended application complies with the filing requirements included in
Section 10310. If the Executive Director concludes that the amended
application does not comply with the filing requirements contained in
Section 10310, he or she shall return it to the applicant with a written
statement of the reasons why the amended application does not comply
with Section 10310 and a list of the materials needed to bring the
amended application into conformance with the filing requirements of
Section 10310 and shall continue to process the original application. If
the Executive Director determines that the amended appUcation does
comply with the filing requirements of Section 10310, he or she shall file
the amended application and shall process the application and the Com-
mission shall vote on the application in full conformance with all of the
regulations that govern the fiHng, processing, and Commission action on
a major permit application.
Page 511
Register 2007, No. 7; 2-16-2007
§ 10372
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) The I'iling of a request for a material amendment to a pending per-
mit application shall automatically supersede the original application,
and the application as modified by the request for amendment shall there-
after be the only application pending before the Commission.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 2960 1 , Public Resources Code; and Bel Mar Estates v. California Coastal
Commission (1981) 115 Cal.App.3d 935, 940.
History
1. Renumbering and amendment of former Section 10371 to Section 10381, and
new Section 1 0371 Filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For
prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§ 1 0372. Effect of Refusal to Withdraw Original
Application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
2. Repealer filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
Subchapter 3. Summaries of Applications
for Major Permits
§10380. Contents.
(a) The Executive Director shall prepare a summary of each applica-
tion for a major permit that has been filed. The summary shall be brief
and understandable, shall fairly present the substance of the application
and shall quote from the application wherever appropriate.
(b) The Executive Director may attach staff comments to the summary
that shall be clearly labelled to distinguish them from the summary and
shall point out questions of fact, applicability of San Francisco Bay Plan
policies, Suisun Marsh Protection Plan policies, approved local protec-
tion program policies, related previous applications, issues identified by
the staff, and other relevant matters
(c) The Executive Director may illustrate the summary with the maps
or drawings furnished by the applicant and may attach other maps or
drawings that would help to present fairly the substance of the applica-
tion.
(d) If the Commission has prepared an environmental assessment, it
shall be included as part of the application summary.
Note; Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66632 and 66653, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1 . Repealer of former Section 10380, and renumbering and amendment of Section
10370 to Section 10380 filed 5-18-87; operafive 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
§ 10381. Distribution of Application Summary.
(a) If the Commission did not prepare an environmental assessment,
the Executive Director shall distribute the application summary and staff
comments to all Commissioners, to the applicant, to all agencies listed
in section 10360, to all affected cities and counties, to all individuals and
organizations who have requested distribution in writing, to all other per-
sons thought to have a particular interest in the application, and to all
agencies that have jurisdiction by law with respect to any proposed activ-
ity that is the subject of the application summary no less than ten (10)
days prior to the scheduled public hearing.
(b) If the Commission prepared an environmental assessment, the Ex-
ecutive Director shall distribute the application summary no less than
thirty (30) days prior to the scheduled public hearing to all responsible
agencies as defined in the California Environmental Quality Act and to
all persons and entities listed in section 10381(a).
NOTE: Authority cited: Section 66632, Government Code; and Section 29201(e),
Public Resources Code. Reference: Secfion 66632. Government Code; and Sec-
dons 21080.5(d)(2)(C), 29500, 29501 and 29520, Public Resources Code.
History
1. Repealer of former secfion 10381, and renumbering and amendment of secfion
10371 to section 10381 filed 5-1 8-87; operafive 6-17-87 (Register87, No. 30).
For prior history, see Register 80, No. 48.
2. Amendment of subsecfion (a) filed 4-18-90; operafive 5-18-90 (Register 90,
No. 18).
3. Editorial correction of (b) and NOTE (Register 91, No. 15).
4. Amendment of subsecfion (a) filed 3-21-91; operative 4-20-91 (Register 91,
No. 15).
5. Amendment of subsecfion (a) and Note filed 2-16-2007; operative 3-1 8-2007
(Register 2007, No. 7).
Chapter 4. Major Permit Procedures:
Commission Hearings and Public Comments
on Applications
Subchapter 1. Commission Hearings
Article 1. Scheduling Public Hearings
§ 10400. Scheduling Initial Hearing.
(a) No public hearing on any permit appUcation shall be held sooner
than the twenty-eighth (28th) day following the day of "receipt" of the
application, except when the Executive Director determines that:
(1) hearing the application sooner than the twenty-eighth (28th) day
will not cause hardship to the Commission, to other permit applicants,
and to others interested in the application; and
(2) adequate time exists to prepare and to mail an application summary
and notice of the pubhc hearing.
(b) If the Executive Director determines to hold a pubUc hearing soon-
er than the twenty-eighth (28th) day following "receipt" of the applica-
tion, he or she shall summarize these determinations and the facts on
which it was based in the meeting notice required by these regulations.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. New secfion filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
§ 10401. Notice to Applicant and Interested Parties.
(a) At least ten (10) days prior to the initial public hearing, the Execu-
tive Director shall notify each applicant and all persons to whom the Ex-
ecutive Director must mail an application summary of the date of the
hearing and the general procedure of the Commission concerning hear-
ings and actions on applications.
(b) Notice to an applicant's representative as designated on the com-
pleted permit application form shall constitute notice to the applicant.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), PubUc Resources Code. Reference: Secfion 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. New secfion filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
§10402. Hearing Postponement.
The Executive Director may postpone a public hearing on a permit
application if the postponement will not prevent the Commission from
voting on an application within the time limits set out in Government
Code Section 66632 and Government Code Sections 65950 through
65957. 1 . In deciding whether to postpone a public hearing, the Executive
Director shall consider the following factors:
(a) whether the applicant requested a postponement;
(b) whether the applicant waived in writing the time period for voting
set forth in Government Code Section 66632 and extended in writing the
time period set forth in Government Code Sections 65950 through
65957.1;
(c) the effect that the postponement would have on the coordination
and scheduling of other agenda items; and
Page 512
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10422
(d) the cost of the postponement and the effect it would have on the
convenience to the Commission, the staff, and the public.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632, 63950-65957.1,
Government Code; and Section 29520(a), Public Resources Code; and Bel Mar
Estates v. California Coastal Commission (1981) 115 Cal. App. 936, 940.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
History
1 . Repealer of former Section 10412, and renumbering and amendment of Section
10414 to Section 10412 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 79, No. 29.
Article 2.
Hearing Procedures and Field
Trips
§ 1 041 0. Order of Hearing.
(a) The Commission's public hearing on a permit application shall
proceed in the following order:
(1) the Chair shall open the public hearing;
(2) the Executive Director or the Chair shall identify the application
and any correspondence received by the Commission relative to the
application;
(3) the applicant or his or her representative may present any material
to expand on the application summary;
(4) other persons may speak concerning the application;
(5) the applicant may rebut or comment on what the applicant believes
to have been incorrect or misleading factual information given during the
hearing; and
(6) to continue it to a subsequent meeting the Commission may either
close the public hearing, continue it to a subsequent meeting, or leave the
hearing open for additional written comment only.
(b) Except in extraordinary circumstances, no person shall speak more
than once to an application. Additional comments, including rebuttal to
remarks of other speakers, shall be made in writing for subsequent distri-
bution to the Commission and interested parties.
(c) The Chair may establish time limits for presentations made during
a public hearing.
(d) Commissioners may ask questions at any time as time allows.
NOTE: Authority cited: Section 66632(f), Government Code; and Secdon
29201(e), Public Resources Code. Reference: Section 66632, Goveniment Code;
and Section 29520(a), Public Resources Code.
History
1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior
history, see Register 79, No. 29.
§ 1 041 1 . Post-Hearing Questions and Statements.
(a) After the close of a public hearing. Commissioners may still direct
questions or comments to the Executive Director or the applicant.
(b) The staff shall treat written comments received after the close of
the public hearing according to Sections 10430 and 10431 so long as the
Commission receives them within any time limits that the Commission
may set.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Repealer of former Section 10411. and renumbering and amendment of Section
10413 to Section 10411 filed 5-18-87; operafive 6-17-87 (Register 87, No.
30). For prior history, see Register 79, No. 29.
§10412. Field Trips.
(a) Whenever the Commission takes a field trip to the site of any pro-
posed project, the Commission meeting notice shall state that the Com-
mission intends to take afield trip, and the Chair shall admonish the Com-
mission members that they shall inform the Commission at the next
Commission meeting of any substantive communications they had at the
field trip regarding the application with anyone other than a member of
the staff or with other Commissioners. The minutes of the next Commis-
sion meeting at which the Commission discusses the application shall
note the fact of the field trip.
NOTE: Authority cited: Secrion 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632 and 11120-11131,
Government Code; and Section 29520(a), Public Resources Code.
Article 3. Additional Hearings, Withdrawal,
and Off-Calendar Items
§ 10420. Continued Hearings.
The Commission should complete a public hearing on an application
in one Commission meeting. However, the Chair may decide or the Com-
mission may vote at the public hearing to continue a public hearing to a
subsequent meeting if it believes that:
(a) too many speakers exist to be heard within the time reasonably
available, or
(b) questions have been raised or amendments to the application or
conditions have been proposed on which the public should have an op-
portunity to comment after time for reflection.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Amendment filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior
history, see Register 73, No. 16.
§ 10421 . Application Withdrawal and Removal from Active
Consideration.
(a) At any time before the Commission begins to vote on an applica-
tion, an applicant may either withdraw the application permanently or
may remove the application temporarily from the Commission's active
consideration.
(b) An applicant shall withdraw an application permanently either by
a signed written document or by stating the fact of the withdrawal on the
record at a Commission meeting. Withdrawal shall not require Commis-
sion concurrence.
(c) An applicant shall remove an application temporarily from active
consideration either by a signed written document or by stating the fact
of the removal on the record at a Commission meeting. In either case, the
applicant shall expressly:
(1) extend the ninety (90) day time limit of Government Code Section
66632(0 for at least sixty (60) days; and
(2) agree that the application is withdrawn permanently unless the
applicant reactivates the application in writing at least thirty (30) days
prior to the expiration of the extended review period and the removal
from active consideration and resultant extension of time within which
the Commission acts on the application does not cause the Commission
to exceed the period in which it must act on the application pursuant to
California Government Code Sections 65950 through 65957.1.
(d) The applicant may remove an application from active consider-
ation once without Commission concurrence and any number of addi-
tional times with the concurrence either of the Executive Director or the
Commission if the applicant complies with the requirements of subdivi-
sion (c) of this section.
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; Section 29520(a), Public Resources Code; and Bet Mar
Estates v. California Coastal Commission (1981) 1 15 Cal. App. 3d 935, 940.
History
1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior
history, see Register 73, No. 16.
§ 10422. Necessity of Additional Public Hearing After
Delay.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; and Section 29520(a), Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 73, No. 16.
Page 513
Register 2007, No. 7; 2-16-2007
§ 10423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Repealer filed 9-25-96; operative 9-25-96 pursuant to Government Code sec-
tion 11343.4(d) (Register 96, No. 39).
§ 10423. Procedures for a Hearing on a Materially
Amended Application.
If the Executive Director files a materially amended permit applica-
tion under Section J 037 1 , the Commission shall hold an additional public
hearing on the materially amended application. The Executive Director
shall prepare and distribute a new or revised application summary of the
amended application or an addition to the existing summary at least ten
(10) days prior to the hearing on the amended application.
NOTE: Authority cited: Section 66632(f). Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; and Section 29520(a), Public Resources Code.
History
1 . Repealer and new section filed 5-1 8-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 73, No. 16.
Subchapter 2. Public Comments on
Applications
§10430. Distribution of Comments.
(a) Except as provided in Section 10431, the Executive Director shall
promptly reproduce the text of all written communications concerning
applications that the Executive Director, the Commission, or the Chair
has received and shall promptly distribute the texts to the parties named
in Section 10381 if the staff receives the comments either no later than
5 p.m. on the Tuesday following the close of the public hearing, provided
that if the Commission votes on an application on the same day as it
closes the public hearing, no written comments will be accepted after the
close of the public hearing, or prior to such other deadline that the Com-
mission may estabhsh, provided that if an applicant submits and the Ex-
ecutive Director files a nonmaterial amendment to the application less
than seven days prior to the close of the period for accepting written com-
ments from the public, the public can submit written comments on the
amendment at any time prior to the Commission vote on the amended
application and the Executive Director shall reproduce and distribute
those comments in the same manner.
(b) The Executive Director shall not reproduce and distribute written
communications pertaining to a permit application received later than 5
p.m. on the Tuesday following the close of the public hearing or after
such other deadline that the Commission, the Chair, or the Executive Di-
rector may establish at the Commission meeting at which the Commis-
sion holds the public hearing on the application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; and Section 29520(a), Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operafive 10-12-89 (Register 89, No. 43).
§ 1 0431 . Treatment of Similar Communications.
When the Commission or the Chair receives more than five (5) similar
communications, the texts do not need to be reproduced, but the Execu-
tive Director shall inform the Commission of the names and addresses of
the senders and of the substance of the communications.
NOTE: Authority cited: Section 66632(f), Government Code; and Secfion
29201(e), Pubfic Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; and Section 29520(a), Public Resources Code.
History
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
Chapter 5. Major Permit Procedures:
Approval or Denial of Permits
Article 1. Staff Recommendations
§10500. Staff Recommendation.
(a) The Executive Director shall prepare a recommendation for pre-
sentation at the meeting at which the Commission will vote on an applica-
tion.
(b) The Executive Director's recommendation shall be in the form of
a proposed Commission resolution that complies with Section 10501 if
it recommends approval or that comphes with Section 10502 if it recom-
mends denial.
(c) In either case, the Executive Director shall also prepare and present
at the meeting at which the Commission will vote on an application a
summary of all significant environmental points raised during the pro-
cess of reviewing the application and a staff response to each of those
points.
NotE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Sections 21080.5(d)(2)(D) and 29520(a), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. New subsection (c) and amendment of Note filed 2-16-2007; operative
3-18-2007 (Register 2007, No. 7).
§ 1 0501 . Contents of Resolution of Approval.
A resolution granting an application in whole or in part shall:
(a) summarize briefly but completely the project to be approved and
any differences from the project described in the application;
(b) authorize the project;
(c) state cleariy and briefly the terms and conditions to which the per-
mit will be subject;
(d) state the specific findings of fact that support, as applicable, all of
the following conclusions:
(1) that the project conforms to either:
(A) the' relevant provisions of California Government Code Sections
66600 through 66661 and the San Francisco Bay Plan if the project com-
es under the Commission's jurisdiction under California Government
Code Sections 66610 and 66632, or
(B) the relevant provisions of Califoinia Public Resources Code Sec-
tion 29000 through 29612, the San Francisco Bay Plan, and the Suisun
Marsh Protection Plan if the project comes under the Commission's juris-
diction under California Public Resources Code Sections 29101, 29500,
and 29501 and there is no certified local protection program for the Sui-
sun Marsh, or
(C) the relevant provisions of California Public Resources Code Sec-
tions 29000 through 29612, the San Francisco Bay Plan, and the Suisun
Marsh Protection Plan or of the certified local protection program for the
Suisun Marsh if acertified local protection program exists and if the proj-
ect comes under the Commission's jurisdiction under California Public
Resources Code Section 29101, 29500, and 29501.
(2) that the project is consistent with the public trust needs for the area;
(3) that if the Commission is a responsible agency, either the project
is statutorily or categorically exempt or that the lead agency has prepared
and certified either a negative declaration or an environmental impact re-
port on which the Commission has relied; and
(4) that if the Commission is the lead agency, either the project is statu-
torily or categorically exempt or the terms and conditions of the Commis-
sion permit together with the actions of other agencies make the project
consistent with California Pubhc Resources Code Sections 21000
through 21177.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602,
66602.1. 66603, 66605, 66632(f) and 66632.4, Government Code; and Secfions
21000-21 176 and 29520(e), Public Resources Code.
Page 514
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10510
History
I. Renumbering and amendment of Section 10440 to Section 10501 filed
5- 1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§10502. Contents of Resolution of Denial.
A resolution denying an application shall state specifically the
grounds for the denial based on findings and declarations, relevant facts,
statutory criteria, and San Francisco Bay Plan policies, and Suisun Marsh
Protection Plan policies and the policies of the certified local protection
program, in a manner analogous to that provided in Section 10501.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Sections 21000-21 176 and 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10441 to Section 10502 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10503. Terms and Conditions.
(a) The terms and conditions to which a permit is made subject, such
as those relating to alternatives or measures to reduce or offset adverse
impacts on the resources of the Bay, priority use areas, or public access,
may concern any subject that is within the scope of the Cahfomia Gov-
ernment Code Sections 66600 through 66661, California Public Re-
sources Code Sections 29000 through 29612, the Commission's San
Francisco Bay Plan, including any adopted Special Area Plan, the Suisun
Marsh Protection Plan, the certified Local Protection Program for Suisun
Marsh, Sections 3 and 4 of Article X of the California Constitution, the
Management Program, and any other legislation that grants the Commis-
sion regulatory authority and that is also reasonably related to the project.
(b) Each permit shall contain conditions that the Commission has ap-
proved as part of the resolution approving the project.
(c) The terms and conditions of a permit shall normally remain effec-
tive so long as the permit remains effective, the uses authorized in the per-
mit remain in effect, or the structures authorized in the permit remain
standing, whichever is longer, unless the condition specifies differently.
(d) The terms and conditions of a permit shall bind all future owners
and possessors of the property unless the Commission sets an expiration
date or provides that the condition(s) shall apply only to the applicant or
other specifically named party.
(e) The terms and conditions of a permit that authorizes the placement
of fill or the extraction of materials shall specify dates by which the place-
ment of fill or the extraction of materials shall commence and shall be
completed. If the permit does not specify a date by which the placement
of fill or the extraction of the material must be completed, the permittee
must complete the placement or extraction within three (3) years of the
date on which the Commission approved the permit. If the placement of
the fill or the extraction of the material is not completed by the date speci-
fied in the permit or, if the permit specifies no date, by three (3) years
from the date the Commission approved the permit, the authorization
shall become null and void, although other conditions of the permit will
still be binding. These time limitations may be extended by amendment
of the permit.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602,
66602.1, 66603, 66605 and 66632(f), Government Code; and Sections 21001,
21002.1, 21004, 21080.5, 29506 and 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10442 to Section 10553 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10504. Staff Recommendation — Presentation.
Before any motion on an application may be made, the Executive Di-
rector shall present the staff recommendation to the Commission. The
Executive Director should mail the staff recommendation in writing to
the Commission, the applicant, and each interested party from whom a
written request has been received at least six (6) days prior to the meeting
at which the matter is noticed. However, if the Executive Director cannot
do so, he or she shall read the recommendation in full to the Commission
at the meeting at which the matter is noticed for voting or provide copies
of a written recommendation to each Commissioner and each interested
party present at the meeting at which the matter is noticed. When copies
are provided, the Chair shall allow sufficient time for each person to read
the recommendation.
NotE: Authority cited: Section 66632(f), Government Code; and Section
29201(e). Public Resources Code. Reference: Section 66632. Government Code;
and Section 29520(a), Public Resources Code.
HtSTORY
1. Renumbering and amendment of Section 10451 to Section 10504 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 75, No. 51.
§ 10505. Applicant's Comments and Commission
Questions.
(a) The applicant or the applicant's representative shall have an oppor-
tunity to state briefly and specifically his or her views on the Executive
Director's recommendation immediately following the presentation of
the recommendation.
(b) If the Executive Director has not mailed his or her recommendation
to the applicant at least six (6) days prior to the meeting at which he or
she scheduled the vote and if the applicant states that he or she is not pre-
pared to state his or her views on the recommendation, the applicant may
request postponement of the matter until the Commission's next sched-
uled meeting.
(c) If such a postponement would not extend beyond the expiration of
the ninety (90) day period established by subdivision (f) of Government
Code Section 66632 and beyond the time limit established by Govern-
ment Code Sections 65950 through 65957.1, the applicant's comments
and all Commission discussion, further questions, and voting shall be au-
tomatically postponed to the next scheduled Commission meeting.
(d) If such a postponement would extend beyond the expiration of the
ninety (90) day period established by Government Code Section 66632,
further action on the application shall be postponed only if the applicant
agrees on the record to extend that period to allow the Commission to
vote.
(e) If such postponement would extend beyond the expiration of the
time limits established by Government Code Sections 65950 through
65957.1, further action on the application cannot be postponed.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and
66632, Government Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10452 to Section 10505 filed
5- 1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 75, No. 51.
Article 2. Voting
§ 1 051 0. Time for Voting.
The Commission shall vote on an application at the same meeting as
the meeting at which the Commission closes the public hearing unless ei-
ther (1) one or more Commission member objects, (2) the Executive Di-
rector withdraws the tentative recommendation because he or she be-
lieves that an issue or issues were raised at the public hearing that the
tentative recommendation does not adequately address, (3) the Executive
Director is not prepared to present a recommendation, (4) voting at the
same meeting is inconsistent with existing law or regulation, or (5) the
meeting notice for that meeting does not state that the Commission may
vote on the application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29520(a), Public Resources Code; and Foundation for San Francisco Ar-
chitectural Heritage v. Cit}' and County of San Francisco ( 1 980) 1 06 Cal. App. 3d
893, 906-907.
History
1 Repealer of former Section 10510 and renumbering and amendment of Section
10450 to Section 10510 filed 5-18-87; operative 6-17-87 (Register 87, No.
30). For prior history, see Registers 80, No. 48 and 75, No. 51 .
2. Amendment of subsection (a) and repealer of subsection (a) designator and sub-
sections (b) and (c) filed 9-19-96; operative 10-19-96 (Register 96, No. 38).
Page 515
Register 2007, No. 7; 2-16-2007
§ 10511
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§10511. Straw Votes.
The Commission will take a straw vote on any question if the Chair
believes that it will facilitate consideration of any application.
NOTE; Authority cited: Section 66632(f), Governmeni Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10454 to Section 10511 filed
5-18-87; operative 6-1 7-87 (Register 87. No. 30). For prior history, see Regis-
ter 75, No. 51.
§ 10512. Voting Procedure.
(a) Any voting member may move to vote on an application. The mo-
tion shall be to approve the application, either with or without conditions.
(b) The Commission shall vote on permit applications by roll call in
alphabetical order except that the Chair shall vote last.
(c) Votes by the Commission shall only be on the affirmative question
of whether the permit should be granted, i.e., a "yes" vote shall be to grant
a permit (with or without conditions) and a "no" vote shall be to deny a
permit.
(d) Any member may change his or her vote only before the Chair an-
nounces the results of the vote.
(e) Thirteen (13) or more "yes" votes shall mean that the Commission
has approved the application with such conditions as the motion con-
tained.
(0 Less than thirteen (1 3) "yes" votes shall mean that the Commission
has denied the application.
(g) Once the Chair announces the results of the vote, it shal 1 be the final
action on the application except as provided in Section 10514 for the
adoption of findings to support the Commission's actions.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29520(a), Public Resources Code; and Foundation for San Francisco Ar-
cliitectural Heritage v. City and CountM of San Francisco ( 1 980) 1 06 Cal . App. 3d
893,906-907.
History
1. Renumbering and amendment of Section 10455 to Section 10512 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 75, No. 51.
§ 10513. Voting by Members Absent from Hearing.
(a) A member may vote on any application despite having been absent
from the public hearing(s) on the application if he or she has read the min-
utes of the hearing(s) and has had an opportunity to ask questions con-
cerning the application at a Commission meeting before voting.
(b) Prior to commencing a roll call on any application, the Chair should
ask members who were not present at the hearing(s) on the application
to indicate for the record that they have read the application summary and
the minutes of the hearing(s) and are prepared to vote.
(c) Inadvertent failure to follow the procedure set out in paragraph (b)
of this section shall not invalidate the vote.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29520(a), Public Resources Code; and he Strange v. City of Berkeley
(1962) 210 Cal. App. 2d 313, 325.
History
1. Renumbering and amendment of Section 10457 to Section 10513 filed
5-18-87;operative6-17-87(Register87, No. 30). For prior history, see Regis-
ter 73, No. 18.
§ 10514. Commission Findings on Permits.
(a) If the Commission vote is consistent with the Executive Director's
recommendation, the findings and conclusions contained in the recom-
mendation shall become the Commission's findings and conclusions un-
less the Commission expressly adopts different or additional findings.
(b) If the Executive Director recommends approval and the Commis-
sion approves the application with additional terms or conditions or dif-
ferent terms or conditions than those recommended by the Executive Di-
rector, those members of the Commission who voted for approval shall
slate their reasons for requiring the additional or different terms or condi-
tions after the vote becomes final.
(c) If the Executive Director recommends approval and the Commis-
sion denies the application, all members who vote "no" on the application
shall state their reasons for their "no'" vote after the vote becomes final.
(d) If the Executive Director recommends denial and the Commission
votes to approve the application, all members who vote "yes" shall state
their reasons for their "yes" vote after the vote becomes final.
(e) When the Commission has voted on a permit application in a man-
ner that is not consistent with the Executive Director' s recommendation,
the Executive Director shall prepare draft findings based on the state-
ments made by those Commission members who voted consistent with
the outcome of the vote and on such other materials as the Executive Di-
rector believes is necessary to support the Commission's decision legally
or is otherwise appropriate. The Executive Director shall present pro-
posed findings to the Commission at the meeting following the vote on
the application, at which time the Commission shall vote on the proposed
findings. Only those Commission members who voted consistent with
the prevailing decision may vote on whether or not to adopt the proposed
findings. The vote shall be by a majority of those present and voting. If
those present and voting do not adopt the proposed findings that the Ex-
ecutive Director has submitted, they can either make such changes as
they determine are appropriate and adopt the findings at that meeting or
direct the Executive Director to prepare further proposed findings and
submit them to the Commission at the next meeting, in which case those
who voted consistent with the prevailing decision may again vote on
whether to adopt the further proposed findings. This cycle shall continue
until the Commission has adopted findings to support its decision.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
Section 29520(a), Public Resources Code; Sierra Club v City ofHayward (1981)
28 Cal. 3d 840, 858-60; Topanga Assn. for a Scenic Community v. County of Los
Angeles{\91A) 1 1 Cal. 3d 506, 5]4-17;and Foundation for San Francisco Archi-
tectural Heritage v. City and County' of San Francisco, (1980) 106 Cal. App. 3d.
893, 906-907.
History
1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§10515. Specific Action.
The approval of an application by its receiving thirteen (13) or more
"yes" votes or the denial of an application by its receiving less than thir-
teen (13) "yes" votes shall be the "specific action" granting or denying
the permit as required by the second sentence of subdivision (f) of Gov-
ernment Code Section 66632.
NOTE: Authority cited: Section 66632(f), Governmeni Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10458 to Section 10515 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history. Register
73, No. 18.
§ 10516. Environmental Documentation Required for
Public Hearing and Vote on Major Permit.
Before the Commission may hold a public hearing and vote on a major
permit, the Commission must receive a copy of any required environ-
mental determination and certified environmental document issued by
the lead agency, as follows:
(a) If a negative declaration or environmental impact document for a
project must be certified by the lead agency under the California Environ-
mental Quality Act (CEQA), then the applicant may submit the certifica-
tion and document as part of the permit application.
(b) When the certification and document are not submitted as part of
the permit application, either (1) the applicant must submit a copy of the
certification and document before the Commission holds a public hear-
ing and votes on the permit, or (2) the Commission shall deny a permit
for the project.
NOTE; Authority cited: Section 66632, Government Code; and Section 29201(e),
Public Resources Code. Reference: Sections 65941 and 66632(0, Government
Code; and Sections 21000(g) and 29520, Public Resources Code.
History
1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Page 516
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10526
Article 3. Issuance of Permits
§10520. Contents of Permits.
Permits shall be signed by the Executive Director and shall include:
(a) the text of the Commission's resolution of approval, including all
conditions, with all necessary exhibits and the vote of approval;
(b) any other language or drawings, in full or incorporated by refer-
ence, that are consistent with the Commission's resolution of approval,
and required to clarify or facilitate carrying out the intent of the Commis-
sion;
(c) provisions for "all public improvements and public utiUty facilities
which are necessary or incidental to the project," as determined by the
Executive Director;
(d) an unexecuted notice of receipt; and
(e) an unexecuted notice of completion.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(0, Government
Code; and Section 29520(a), Public Resources Code.
History
] . Repealer of former Section 10520, and renuitiberine and amendment of Section
10610 to Section 10520 filed 5-18-87; operative^ 17-87 (Register 87, No.
30). For prior history, see Register 80, No. 48.
§ 1 0521 . Mailing to Permittee(s).
(a) The Executive Director shall sign and shall mail the permit to all
permittee(s) within fifteen (15) working days following the approval,
provided that if the permit authorizes the disposal of any dredged materi-
al in either the Commission's "San Francisco Bay" jurisdiction or the
Commission's "certain waterways" jurisdiction, the applicant must also
submit a user fee as provided for in section 10522 before the Executive
Director shall sign and mail the permit.
(b) Within five days of the Commission approval, an applicant may re-
quest in writing that the Executive Director extend to 30 working days
the time period specified in subsection (a) within which the Executive Di-
rector must issue the permit. Upon receipt of such a timely request, the
Executive Director shall not issue the permit until the perrriittee agrees
to its issuance or until the 30th working day after the approval of the per-
mit application.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of former section 10521 to section 10610, and
renumbering and amendment of section 10630 to section 10521 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Amendment filed 11-23-92; operative 12-23-92 (Register 92, No. 48).
3. Amendment filed 8-20-96; operative 9-19-96 (Register 96, No. 34).
4. Desisnafion of first paragraph as subsection (a) and new subsection (b) filed
4-15-97; operative 5-15-97 (Register 97, No. 16).
§ 10522. User Fees for Disposal of Dredged Material Into
Commission's "Bay" or "Certain Waterways"
Jurisdictions.
(a) For the disposal of dredged materials into either the Commission's
"San Francisco Bay" jurisdiction or the Commission's "certain water-
ways" jurisdiction other than as part of a "beneficial use project," as de-
fined in subsecUon (c), the applicant shall submit prior to the issuance of
any permit a check or money order in the amount equal to the product of
$0.07 multiplied by the number of cubic yards proposed to be disposed.
(b) If the sum of all user fees collected pursuant to this section to help
finance the Commission's participation in the Long Term Management
Strategy program exceeds $210,000, the Commission shall not require
any further user fees pursuant to this secUon and shall return to all permit
applicants all user fees collected in excess of $210,000.
(c) "Beneficial use projects," as that term is used in California Govern-
ment Code Section 66667(b) and in these regulations, are those projects
in the Commission's "San Francisco Bay" or "certain waterway" juris-
dictions where the dredged material will be used (1) as construction ma-
terial, and (2) in one of the following types of projects: (A) habitat im-
provement; (B) repair or improvement of levees; (C) port or public access
facilities; or (D) other Commission-approved fill projects.
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section
2920 1(e), Public Resources Code. Reference: Secfions 66632 and 66667, Govern-
ment Code.
History
1. Renumberins of former section 10522 to secrion 10523 and new section filed
11-23-92; operarive 12-23-92 (Register 92, No. 48).
2. Amendment of secrion heading and secrion filed 8-20-96; operative 9-19-96
(Register 96, No. 34).
§ 10523. Distribution of Permit Copies.
The Executive Director shall send a copy of the permit to the appropri-
ate U.S. Army Corps of Engineers District Engineer and to any other per-
son or organization who has requested in writing receipt of a copy.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of section 10631 to secrion 10522 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 1 0523 to section 1 0524 and renumbering of for-
mer secrion 10522 to section 10523 filed 1 1-23-92; operarive 12-23-92 (Reg-
ister 92, No. 48).
§10524. Notice of Permit.
Notice of the issuance of a permit in which the Commission has pre-
pared an environmental assessment and is acting as lead agency shall be
filed with the Secretary of the Resources Agency.
NOTE: Authority cited: Section 66632(), Government Code; and Section
29201(e), PubUc Resources Code. Reference: Section 66632(f), Government
Code; and Secrions 21108(a) and 29520(a), Public Resources Code.
History
1 . Renumbering and amendment of section 1 0632 to secrion 1 0523 filed 5-1 8-87 ;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 1 0524 to section 1 0525 and renumbering of for-
mer section 10523 to section 1 0524 filed 1 1-23-92; operarive 12-23-92 (Reg-
ister 92, No. 48).
§ 10525. Notice of Receipt and Acknowledgment.
A permit shall not become effecrive and the permittee(s) shall not start
work on the project until the Commission receives the original permit on
which all permittees have acknowledged that they have received the per-
mit and understand and accept the contents of the permit.
Note: Authority cited: Secrion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1 , Renumbering and amendment of section 10620 to secrion 10524 filed 5-1 8-87;
operative 6-17-87 (Register 87, No.30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 10525 to section 1 0526 and renumbering of for-
mer section 10524 to section 10525 filed 1 1-23-92; operarive 12-23-92 (Reg-
ister 92, No. 48).
§ 1 0526. Disputes over Contents of a Permit.
(a) Any permittee who believes that the permit issued does not correct-
ly embody the action of the Commission shall inform the Executive Di-
rector in writing of the disagreement within thirty (30) days of receipt of
the permit.
(b) The permittee, the Executive Director, and the Chair shall consult
and resolve the dispute if possible.
(c) If the permittee, the Executive Director, and the Chair cannot re-
solve the dispute, the Executive Director shall refer the dispute to the full
Commission for resolution.
NOTE: Authority cited; Secrion 66632(0, Government Code; and Section
29201(e), Pubhc Resources Code. Reference: Secrion 66632(0, Government
Code; and Secrion 29520(a), Public Resources Code.
Page 517
Register 2007, No. 7; 2-16-2007
§ 10530
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Renumbering and amendment of section ] 0640 to section 1 0525 filed 5-1 8-87 ;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 10525 to section 10526 filed 1 1-23-92; opera-
tive 12-23-92 (Register 92, No. 48).
3. Amendment of subsection (a) filed 5-1-97; operative 5-31-97 (Register 97,
No. 18).
Article 4. Denial of Permits
§ 10530. Notification of Denial of Permit Application.
(a) The Commission shall notify an appHcant of the denial of a permit
application in a letter that includes the text of the Commission's resolu-
tion of denial or the reasons for denial and the vote thereon.
(b) The Executive Director shall sign each notification of denial and
shall mail it to the applicanl(s) no later than fifteen ( 1 5) working days fol-
lowing the denial.
(c) The Executive Director shall send copies of the notification of de-
nial to the U.S. Army Corps of Engineers District Engineer and to any
other person or organization who has requested in writing notification of
the denial.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10650 to Section 10530 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
Article 5. Notice of Completion
§ 1 0540. Notice of Completion.
The permittee(s) shall file an executed notice of completion with the
Executive Director within two (2) weeks of completion of the work au-
thorized in the permit.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520(a), Public Resources Code.
History
1. Renumbering and amendment of Section 10660 to Section 10540 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
Chapter 6. Permit Procedures:
Administrative and Emergency Permits
Subchapter 1. Procedures for Permits for
Minor Repairs or Improvements
(Administrative Permits)
Article 1. Definitions
§ 10600. Administrative Permit.
"Administrative permit," sometimes referred to as a "minor permit,"
means a permit issued for minor repairs or improvements.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), PubUc Resources Code. Reference: Section 66632, Government Code;
and Section 29520(a), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 0601 . Minor Repairs or Improvements.
"Minor repairs or improvements" means any activity for which a
Commission permit is required, that is either (a) necessary to the health,
safety, or welfare of the public in the entire Bay Area, (b) consistent with
the Government Code sections 66600 through 66661 and the San
Francisco Bay Plan, or (c) consistent with the Public Resources Code
sections 29000 through 29612 and Suisun Marsh Protection Plan or with
the certified Suisun Marsh Local Protection Program, and that falls into
one or more of the following categories:
(a) with respect to activities in San Francisco Bay:
(1) the construction of a new single boat dock no larger than 1,000
square feet or a new multiple boat dock no larger than 5,000 square feet,
or up to 20,000 square feet of expansion of boat docking facilities within
an existing marina;
(2) the installation of new protective works and repairs to existing pro-
tective works, such as bulkheads and riprap, that meet the following crite-
ria:
(A) the size of the new work(s) or the repairs to the existing work(s)
constitute the minimum amount necessary to stabilize existing dikes and
banks or to provide improved fish or wildlife habitat, and
(B) the new work or repairs to existing work(s) would cover less than
10,000 square feet of the horizontal projection of the work below the
shoreline;
(3) the placement of piles to support extensions of portions of principal
structures, as defined in section 10702(b), over the water where the total
of any such extensions would not exceed 1 ,000 square feet in area;
(4) the placement of outfall pipes approved by the California Regional
Water Quality Control Board, San Francisco Bay Region;
(5) the placement of utility cables on or under the bottom of the Bay;
(6) routine repairs, reconstruction, replacement, removal, and mainte-
nance that do not involve any substantial enlargement or change in use;
(7) minor fill for improving shoreline appearance that complies with
section 10700 and that does not exceed 1,000 square feet in area; and
(8) minor fill for improving public access that compUes with section
10701 and that does not exceed 1.000 square feet in area.
(b) with respect to activities in the 100-foot shoreline band:
(1) the placement of small amounts of inert inorganic fill, the extrac-
tion of small amounts of materials, or a substantial change of use of any
area so long as the placement, extraction, or change in use does not have
a significant adverse effect on present or possible future maximum feasi-
ble public access to the Bay consistent with the project, on present or pos-
sible future use for a designated priority water-related use, and on the en-
vironment;
(2) the construction of one- and two-family residences and ancillary
residential structures on any parcel except in cases where the parcel was
subdivided after June 17, 1987 and the subdivision was not authorized
by a Commission permit, or when the residence would adversely affect
existing physical or visual public access, or affect potential visual public
access;
(3) any substantial change in use of a stmcture built on piles placed
over the Bay prior to September 17, 1965 where the change in use does
not involve any change in the structure, piles, or the extent of water cov-
erage;
(4) the installation of new protective works and repairs to existing pro-
tective works, such as bulklieads and riprap, in the minimum amount nec-
essary to stabilize existing dikes and banks or to provide improved fish
or wildhfe habitat;
(5) routine repairs, reconstruction, replacement, removal, and mainte-
nance that do not involve any substantial enlargement or any substantial
change in uses; and
(6) any subdivision of land or other division of land.
(c) with respect to activities in salt ponds and managed wetlands:
(1) the reconstruction of existing power transmission towers, commu-
nication towers, and walkways providing access to such towers; and
(2) repairs to protective works in the minimum amount necessary to
stabilize existing dikes or to provide improved wildlife habitat.
(d) with respect to activities in the Suisun Marsh:
(1) one or more of the activities listed in paragraph (a), (b), or (c) of
this section;
Page 518
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 10610
(2) any subdivision of land or other division of land, including lot
splits;
(3) the removal of vegetation;
(4) the discharge of any gaseous, liquid, or thermal waste as approved
by the California Regional Water Quality Control Board, San Francisco
Bay Region;
(5) the grading of any materials; and
(6) the construction, reconstruction, relocation, demolition, or alter-
ation of the size of any one- or two-family residence, duck club struc-
ture, farm structure and ancillary structures, and any facility of any pri-
vate, public, or municipal electrical generating facility with a capacity of
less than ten (10) megawatts electrical (lOMWe), and any other private,
public, or municipal utility facility of less than 10,000 square feet.
(e) with respect to activities anywhere in the Commission's jurisdic-
tion:
(1) the placement of a temporary structure provided that the structure
is removed no later than 180 days after its placement and the area is re-
turned to its pre-existing condition within a reasonable time thereafter;
(2) the temporary substantial change in use of water, land, or a struc-
ture, provided that the initial use is reestablished no later than 180 days
after the temporary change in use;
(3) any other activity similar to those Hsted in paragraphs (a), (b), (c),
and (d) of this section that would have no greater adverse impact on the
Bay than the hsted activities; and
(4) the placement of facilities required for environmental quality test-
ing that does not involve placement of fill, change in use or alteration of
public access for a period of time longer than provided by the permit for
completion of the work, and would not otherwise have a substantial ef-
fect on Bay-related resources.
(0 with respect to dredging or disposal activities located anywhere
within the Commission's jurisdiction, those activities specified in Sec-
tion 10602.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), Govern-
ment Code; and Sections 29201(e) and 29505, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of subsections (a)(10) and (a)(ll) filed 10-12-89; operative
10-12-89 (Register 89, No. 43).
3. Amendment of subsection (a)(5) filed 9-17-90; operative 10-17-90 (Register
90, No. 43).
4. Amendment of subsecfions (a)(4), (b)(2), (e)(2) and (e)(3), and new subsection
(e)(4) filed 7-27-92; operative 8-26-92 (Register 92, No. 31).
5. Renumbering of subsections (a)(l)-(3) to new section 10602 and subsecfion re-
numbering with amendments and new subsection (f) and amendment of Note
filed 2-2-93; operafive 3-4-93 (Register 93, No. 6).
6. Amendment of first paragraph, redesignation and amendment of subsections
(a)(2)(a) and (a)(2)(b) to subsections (a)(2)(A) and (a)(2)(B), and amendment
of subsections (a)(6) and (b)(1) and Note filed 5-24-96; operafive 6-23-96
(Register 96, No. 21).
7. Amendment of subsecfion (b)(2) filed 7-18-96; operafive 8-17-96 (Register
96, No. 29).
8. Amendment of subsecfion (a)(1) filed 7-30-96; operative 8-29-96 (Register
96, No. 31).
§ 10602. Administrative Permits Related to Dredging and
Disposal Projects.
The following dredging and disposal projects constitute "minor re-
pairs or improvements" that may be authorized administratively:
(a) All maintenance dredging projects that are completed within a peri-
od of 10 years;
(b) Any new dredging of 200,000 cubic yards or less completed within
a period of 10 years;
(c) Sand mining projects where the sand is sold or re-used, where the
project is completed within a period of five years, and where no more
than 250,000 cubic yards are dredged in any one year;
(d) New dredging projects to deepen existing navigation channels or
basins that do not result in significant adverse environmental impacts or
raise conflicts with the Commission's laws and policies, and where the
dredged material is disposed of outside the Commission's Bay or certain
waterways jurisdictions;
(e) the disposal of dredged material that occurs only at a site listed in
Regulation Section 10713.5; and meets either one of the following crite-
ria:
(1) the amount of material to be disposed of does not exceed, individu-
ally or cumulatively with other projects for the calendar year, the follow-
ing volumes for the listed disposal sites:
(A) at the Alcatraz Island site (SF-11): 4 million cubic yards annually
with a monthly maximum of 400,000 cubic yards between October 1st
of each year and April 30th of the following year and a monthly maxi-
mum of 300,000 cubic yards between May 1st and September 30th of
each year;
(B) At the San Pablo Bay site (SF-1 0): 500,000 cubic yards annually;
(C) At the Carquinez Strait site (SF-9): 3 million cubic yards annually
in a wet or above normal water flow year as those years are classified by
the Department of Water Resources and 2 million cubic yards annually
in all other year classifications, and in either case with a maximum of 1
million cubic yards in any one month; and
(D) At the Suisun Bay Channel site (SF-1 6): 200,000 cubic yards an-
nually for U.S. Army Corps of Engineers Suisun Bay Channel and New
York Slough channel maintenance dredging projects only; or
(2) the disposal involves only the disposal of material dredged by a
small dredger as defined in Section 10727.
(f) the disposal of less than 30,000 cubic yards of dredged material at
any location other than that identified in Section 10602(e)(l ) in a manner
and at a time approved by the Executive Director, after consultation with
National Marine Fisheries Service, the U.S. Fish and Wildlife Service,
and the CaHfornia Department of Fish and Game and agreement by the
U.S. Army Crops of Engineers, San Francisco District, and by the Execu-
tive Officer of the California Regional Water Quality Control Board, San
Francisco Bay Region, as involving no or small potential risk of an ad-
verse environmental impact;
(g) The disposal of any amount of dredged material in the ocean, the
Suisun Marsh, a salt pond, a managed wefland, or a non-aquatic location.
NOTE; Authority cited: Section 66632(f), Government Code; and section
29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), and
66663-66666, Government Code; and sections 29201 (e) and 29505, Public Re-
sources Code.
History
1. Renumbering of section 10601 subsections (a)(l)-(3) to section 10602 with
amendments and new subsections (c)(2)-(c)(3)(B) and (e) and Note filed
2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of subsections (a) and (b), new subsections (c) and (d), subsection
relettering, and amendment of newly designated subsections (e)(2) and (0 filed
1-29-98; operative 2-28-98 (Register 98, No. 5).
3. Amendment of section and Note filed 6-16-2008; operative 7-16-2008 (Reg-
ister 2008, No. 25).
Article 2.
Applications for Administrative
Permits
§10610. Application.
For an activity asserted to be "minor repairs or improvements," an
applicant shall furnish:
(a) one ( 1 ) original copy of a fully completed and properly executed
application form which these regulations contain as Appendix D;
(b) exhibits to the application form as provided by Appendix F and
Section 10625;
(c) an executed Certificate of Posting of "Notice of Pending BCDC
Application" form as provided by Appendix E;
(d) evidence that all local discretionary approvals (i.e., all approvals
other than ministerial permits such as building permits) have been re-
ceived, or for subdivisions or other land divisions requiring a Commis-
sion permit for which final local approval or disapproval has not been
granted, a statement that the local government either favors the project,
with or without conditions, or does not favor the project; and
(e) a check or money order in the amount shown in Appendix M.
Page 519
Register 2008, No. 25; 6-20-2008
§ 10611
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE; Authority cited; Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former section 10610 to section 10520, and
renumbering and amendment of section 10521 to section 10610 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of subsection (b) and Note filed 1-26-98; operative 2-25-98
(Register 98, No. 5).
4. Amendment of subsection (e) filed 10-14-2004; operative 10-14-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 42).
§ 1 061 1 . Executive Director's Determination If an
Application for an Administrative Permit
Should Be Filed.
(a) If the Executive Director believes that an application for an admin-
istrative permit is complete and properly qualifies for processing as an
administrative permit application under Section 10601, he or she shall
file the application and notify the applicant of that fact.
(b) If the Executive Director believes that an application for an admin-
istrative permit is not complete or does not properly qualify for process-
ing as an administrative permit application under Section 10601, he or
she shall notify the applicant of the determination with an explanation
within thirty (30) days of receiving the application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10540 to Section 10611 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10612. Amendments to Administrative Permit
Applications.
(a) An applicant for an administrative permit may amend the applica-
tion after the application has been filed at least two days prior to the mail-
ing of the administrative listing for the application.
(b) An applicant who wants to amend an application for an administra-
tive permit shall submit the amendment request by a letter that fully de-
scribes the amended project and is signed by the applicant or his or her
authorized representative.
(c) The submittal of a request to amend a pending administrative per-
mit application shall automatically supersede the original application,
and the amended application shall thereafter be the only application con-
sidered to be submitted to the Commission.
(d) If the Executive Director determines that the amended project still
qualifies as a "minor repair or improvement," the Executive Director
shall notify the applicant that the amendment has been filed and shall
thereafter proceed according to these regulations to complete processing
of the amended application as an application for an administrative per-
mit.
(e) If the Executive Director determines that the project as amended
no longer qualifies as a minor repair or improvement, the Executive Di-
rector shall notify the applicant of the Executive Director's determina-
tion and that the applicant can apply for a major application to authorize
the amended project.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 65943 and 66632(0, Gov-
ernment Code; and Section 29520, Public Resources Code.
History
1. New secnon filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
Article 3. Approval or Denial of
Administrative Permits
§10620. Administrative— Listing.
(a) Before acting on any permit application for "minor repairs or im-
provements," the Executive Director shall submit a list of the applica-
tions that are ready to be acted on to the Commission, to any persons who
requested receipt of the list in writing, and to all agencies that have juris-
diction by law with respect to the proposed activity that is the subject of
the matter listed. The list shall include the following for each application:
(1) the name and address of each of the applicant(s);
(2) the date on which the application was filed;
(3) an informative summary of the work proposed, including the loca-
tion of the proposed project;
(4) the number assigned to each application;
(5) the name of the responsible staff member;
(6) whether the Executive Director recommends approval or denial of
the application or has not yet reached a decision; and
(7) a summary of all significant environmental points raised during the
review process and a staff response to each of those points.
(b) The listing will be mailed at least five (5) days prior to a regularly
scheduled Commission meeting date. Any further significant environ-
mental concerns raised after the list was submitted, along with the staff
response to each concern, shall be provided to the Commission at the reg-
ularly scheduled meeting.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Sections 21080.5(d)(2)(C), 21080.5(d)(2)(D) and 29520, Public Re-
sources Code.
History
1 . Renumbering and amendment of former Secfion 10620 to Section 10524. and
renumbering and amendment of Section 1 0542(a) and (b) to Section 10620 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Reg-
ister 2007, No. 7).
§ 10621. Executive Director's and Commission's Action
After Listing.
(a) The Executive Director cannot act on an administrative permit
application if either one of the following sets of circumstances exist:
(1 ) when the Commission holds a meeting within 14 days of the mail-
ing of the administrative listing, one or more Commissioner has objected
at the meefing to the issuance of the administrative permit and the Com-
mission has determined at that meeting by a majority of those present and
voting that the Commission should process the application as a major
permit application;
(2) when the Commission does not hold a meeting within 14 days of
the mailing of the administrative listing, one or more Commissioner has
submitted to the Executive Director a written objection to the issuance
of the administrative permit within 14 days of the mailing of the adminis-
trative listing and the Commission has determined at the first meefing fol-
lowing the objection by a majority of those present and voting that the
Commission should process the applicafion as a major applicafion;
(b) The Execufi ve Director can act on an application for an adminisira-
five permit despite the restrictions contained in subsecfion (a) of this sec-
fion if compliance with subsecfion (a) would prevent the Executive Di-
rector and Commission from acfing within the 90-day fime period with
which the McAteer-Petris Act requires acfion on a permit applicafion.
(c) If the Commission determines that the Commission should consid-
er the applicafion the Execufive Director shall within five (5) working
days notify the applicant that he or she has denied the applicafion with
the reasons for denial being that the acfi vity could not be properly consid-
ered as a minor repair or improvement and with information on how to
proceed.
(d) If the Commission does not determine that the Commission should
consider the application, the Executive Director shall act on that the
applicafion within five (5) working days.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520, Public Resources Code.
Page 520
Register 2008, No. 25; 6-20-2008
Title 14
San Francisco Bay Conservation and Development Commission
§ 10651
History
1. Renumbering and amendment of Section 10542(c) and (d) to Section 10621
filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see
Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
§ 1 0622. Criteria and Contents of Permits.
(a) The Executive Director shall approve an appHcation for an admin-
istrative permit only if he or she determines that the proposed activity,
including reasonable terms and conditions, qualifies as a minor repair or
improvement and is consistent with California Government Code Sec-
tions 66600 through 66682, the San Francisco Bay Plan, California Pub-
lic Resources Code Sections 29000 through 29612, the Suisun Marsh
Protection Plan, the certified Suisun Marsh Local Protection Program,
California Public Resources Code Sections 21000 through 21176, and
these regulations.
(b) Administrative permits are subject to the same policies as a major
permit and shall be governed by the provisions of Chapter 5, concerning
the format, receipt, and acknowledgment of permits, including the need
to pay a user fee of $0.07 per cubic yard prior to the issuance of the admi n-
istrative permit for dredged material to be disposed within either the
Commission's "Bay" or "certain waterways" jurisdictions as described
in section 10522, except that references to "Commission resolution"
shall refer instead to the "Executive Director's determination."
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Sections 66632(f) and 66667, Gov-
ernment Code; and Section 29520, Public Resources Code.
History
1. Neu' section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 1 1-23-92; operative 12-23-92 (Register 92, No. 48).
3. Editorial correction of subsection (b) (Register 95, No. 41).
4. Amendment of subsection (b) and NOTE filed 8-20-96; operative 9-19-96
(Register 96, No. 34).
§ 10623. Denial of an Administrative Permit — Notice to
Applicant.
If the Executive Director denies an appHcation for an administrative
permit, he or she shall notify the applicant with an explanation of the rea-
sons for denying the application.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10541 to Section 10623 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10624. Denial of an Administrative Permit — Filing with
the Commission.
If the Executive Director returns unfiled or denies an application for
an administrative permit or the applicant objects to a term or condition
in the permit, the applicant may take the application to the Commission
without waiting ninety (90) days by complying with all the provisions of
these regulations dealing with major permit applications.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29520, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 10625. Environmental Documentation Required for
Approval of Minor Permit.
Before the Executive Director may approve a minor permit, the Com-
mission must receive a copy of any required environmental determina-
tion and certified environmental document issued by the lead agency, as
follows:
(a) If a negative declaration or environmental impact document for a
project must be certified by the lead agency under the California Environ-
mental Quality Act (CEQA), then the applicant may submit the certifica-
tion and document as part of the permit application.
(b) When the certification and document are not submitted as part of
a permit application, either (1) the applicant must submit a copy of the
lead agency's certification and document before the Executive Director
submits an administrative listing of the application to the Commission as
specified in Section 10620, or (2) the Executive Director shall deny a per-
mit for the project.
NOTE: Authority cited: Section 66632, Government Code; and Section 29201(e),
Public Resources Code. Reference: Sections 65941 and 66632(f), Government
Code; and Sections 21000(g) and 29520, Public Resources Code.
History
1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Subchapter 2. Emergency Permits
Article 1. Applications
§ 10640. Method of Application.
Applications for emergency permits shall be made by letter if time al-
lows, or by telephone or in person if lime does not allow use of a letter.
NOTE: Authority cited: Section 66632(f). Government Code; and Section
29201(e), Public Resources Code. Reference; Section 66632(f), Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of former Section 10640 to Section 10525, and
renumbering and amendment of Section 1 0575 to Section 1 0640 filed 5-1 8-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48 and 70, No. 46.
§ 1 0641 . Necessary Information for Application.
An application shall describe the nature of the emergency, the location
of the emergency, and the work proposed. The amount of information
needed to describe these aspects of the emergency shall be consistent
with the time the emergency allows.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(0, Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of Section 10576 to Section 10641 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 70, No. 46.
Article 2. Procedures
§10650. Verification of Emergency.
The Executive Director shall verify the facts surrounding the emer-
gency, particularly the existence and nature of the emergency, insofar as
time allows.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(0, Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of former Section 10650 to Section 10630, and
renumbering and amendment of Section 10580 to Section 10650 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No.
29 and 70, No. 46.
§ 1 0651 . Consultation with Chair.
If time allows, the Executive Director shall consult with the Chair be-
fore granting an emergency permit. If time does not allow consultation
prior to granting the permit, the Executive Director shall notify the Chair
as soon as possible after granting the emergency permit.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(0, Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of Section 10581 to Section 10651 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 70, No. 46.
Page 521
Register 2008, No. 25; 6-20-2008
§ 10652
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 10652. Criteria for Granting Permit.
The Executive Director shall grant an emergency permit, upon reason-
able terms and conditions, if he or she finds that:
(a) An emergency exists and requires action more quickly than can
reasonably occur when following the Commission's procedures for issu-
ing permits; and
(b) The work proposed would be consistent with California Govern-
ment Code Section 66600 through 66661, the San Francisco Bay Plan,
California Pubhc Resources Code Section 29000 through 296 1 2. the Sui-
sun Marsh Protection Plan, California Public Resources Code Sections
21000 through 21177, the certified Suisun Marsh local protection pro-
gram, and these regulations, as they might apply.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e). Public Resources Code. Reference: Sections 66632(0 and 66653, Gov-
ernment Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of Section 10582 to Section 10652 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 70, No. 46.
Chapter 7. Special Rules
2. Amendment of subsection (a) filed 10-12-
89, No. 43).
); operative 10-12-89 (Register
§ 10653. Documentation Subsequent to Issuance of an
Emergency Permit.
Within five (5) working days after having received an emergency per-
mit, the permittee shall dehver to the Executive Director descriptive ma-
terial concerning the emergency work that is substantially similar to the
documentation required in applications for administrative permits and all
appropriate fees for the work.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(0, Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of Section 10583 to Section 10653 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 70, No. 46.
§ 1 0654. Report to Commission.
The Executive Director shall report to the Commission, as part of the
administrative permit listing at each meeting, the permits for "emergen-
cies" that he or she has issued since the last report.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of Section 10584 to Section 10654 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 70, No. 46.
Article 3.
Emergency Repairs to Maintain
Public Services
§ 10660. Emergency Repairs to l\yiaintain Public Services.
The notification that California Government Code Section 66632.2(b)
requires shall include descriptive material concerning the work that is
substantially similar to the documentation required in applications for
administrative permits.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632.2, Government
Code; and Section 29509, Public Resources Code.
History
1. Renumbering and amendment of former Section 10660 to Section 10540, and
renumbering and amendment of Section 10590 to Section 10660 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 79, No.
29 and 70, No. 46.
Article 1. Special Rules for
Non-Water-Oriented Fills
§ 10700. Minor Fill for Improving Shoreline Appearance.
The Commission may approve the placement of minor fill to improve
shoreline appearance, including the mooring of an historic ship as de-
fined in Section 10703 or the repair, maintenance, renovation, remodel-
ing, rehabilitation, or replacement of a pre-existing residential structure
as defined in Secfion 10705, only if, in addiuon to the other findings re-
quired by Cal. Government Code Section 66605 and the San Francisco
Bay Plan, the Commission finds and declares that:
(a) the fill is necessary because:
(1 ) the present appearance of the Bay and shoreline in the area adverse-
ly affects enjoyment of the Bay and its shoreline within the site area itself
or within adjacent areas of the Bay or shoreline, and
(2) it is either physically impracficable or economically infeasible to
improve the appearance without filling;
(b) the amount of filling approved is the minimum necessary to im-
prove shoreline appearance;
(c) the proposed project would improve the shoreline appearance; and
(d) the fill will not adversely affect enjoyment of the Bay and its shore-
line within the fill area itself or within adjacent areas of the Bay and
shoreline and the fill will not have any adverse effect on present or possi-
ble future use of the area for any designated priority water-related use or
for public access, and
(e) with regard to a pre-existing residential structure, the requirements
of subdivisions (b) and (c) above will be deemed met if the repair, mainte-
nance, rehabilitation, renovation, remodeling or replacement will not
substantially enlarge the size of the pre-existing structure, will not be out
of character or scale with any nearby structures, will cover less of the Bay
surface than the pre-existing structure, and will not change the use of the
pre-existing structure.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66605 and 66632, Govern-
ment Code; and Section 29520(a), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of first paragraph and new subsecfion (e) filed 1 1-30-93; operative
12-30-93 (Register 93, No. 49).
§ 10701. Minor Fill for Improving Public Access.
The Commission may approve the placement of minor fill to improve
public access, including the mooring of an historic ship as defined in Sec-
tion 10703, only if, in addition to the other findings required by Cal. Gov-
ernment Code Section 66605 and the San Francisco Bay Plan, the Com-
mission finds and declares that:
(a) the fill is necessary because:
(1) there is at present inadequate public access to the Bay shoreline in
the area, and
(2) it is either physically impracticable or economically infeasible to
improve public access without filling;
(b) the fill will improve public access to the Bay; and
(c) the amount of filling approved is the minimum necessary to pro-
vide improved public access to the Bay.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66605 and 66632, Govern-
ment Code; and Section 29520(a), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 10702. Using the Bay as a Design Asset.
(a) The Commission may approve the extension of an accessory struc-
ture, such as a boat dock, and portions of a principal structure on pilings
over water when the Commission, in addition to findings required by Cal.
Page 522
Register 2008, No. 25; 6-20-2008
Title 14
San Francisco Bay Conservation and Development Commission
§ 10710
Government Code Section 66605 and the San Francisco Bay Plan, in-
cluding those that require that fill in San Francisco Bay be either for a wa-
ter-oriented use, minor fill to improve shoreline appearance, or minor till
to improve public access, finds and declares that:
(1) either:
(A) the extension is necessary to allow actual use of the water, i.e., for
mooring boats, or
(B) the extension is:
(1) designed by means such as location, window placement, and size
to afford to occupants of the structure a feeling of closeness to the surface
of the Bay waters that cannot be achieved except by the extension of por-
tions of structures over water on piles;
(2) designed so as not to adversely affect enjoyment of the Bay and its
shoreline by residents of, employees of, and visitors to the structure or
adjacent areas of the Bay or shoreline; and
(2) the extension is not inconsistent with the public trust.
(b) "Portions of a principal structure" means those portions of a struc-
ture that (1) would improve shoreline appearance. (2) would cover no
more than 1,500 square feet of the Bay's surface, and (3) would not ex-
ceed two stories in height, provided that the Executive Director, if the
project constitutes a minor repair or improvement, or the Commission
may allow greater coverage or height if it finds that exceptional circum-
stances such as ( 1 ) steepness of terrain, (2) shallowness of a lot as it ex-
isted on November 10, 1969, or (3) design of a project to preserve adja-
cent areas having high natural resource values justifies the greater
coverage or height.
Note.- Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66605, Government Code;
Sections 29008 and 29501(b), Public Resources Code; and San Francisco Bay
Plan, Page 31.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§10703. Historic Ship.
An "historic ship," as used in Sections 10700 and 10701, means one
of the following:
(a) a ship or boat, other than a replica, that:
(1) was designed and built to move in the water under its own power,
(2) is berthed to float at all stages of the tide,
(3) was originally built before 1932, and has no restorative or other
modifications that substanfially altered its historic character, and
(4) had a specific role as a prototype or participant in a significant
event or events in the maritime history of San Francisco Bay;
or
(b) a ship or boat, other than a replica, that:
(1) was designed and built to move in the water under its own power,
(2) is berthed to float at all stages of the tide,
(3) had a specific role as a prototype or a participant in a significant
event or period of maritime history,
(4) is displayed for its historic significance with any fees for public ad-
mittance charged only at a level to maintain and enhance the historic
qualities of the ship or exhibits of similar maritime historic significance,
and
(5) includes no commercial activities on-board or nearby other than
those that are minor in nature and designed to enhance a visitor's enjoy-
ment of the historical significance of the ship.
NOTE: Authority cited: Section 66632(0, Government Code Reference: Sections
66605(a) and 66632, Government Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of subsection (a) (3) filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
3. Amendment of subsection (a)(3) filed 7-13-2000; operafive 8-12-2000 (Reg-
ister 2000, No. 28).
§ 1 0704. Fill Necessary to the Welfare of the Public to
Protect Historic Structures.
The Commission may approve fill as necessary to the welfare of the
public in the entire Bay Area to protect historic structures only if the
Commission finds and declares that:
(a) the fill would be necessary to repair, maintain or rehabilitate a
structure that has been listed on the National Register of Historic Places
or as a California Registered Historical Landmark;
(b) the repair, maintenance or rehabilitafion project would be limited
to the site of the historic structures and would not result in a significant
increase in Bay coverage;
(c) the fill is necessary because it is physically impracticable to repair,
maintain or rehabilitate the staicture without filling;
(d) the amount and type of fill is the minimum necessary and the least
detrimental to accomplish the repair, maintenance or rehabilitation of the
stmcture;
(e) the repair, maintenance or rehabilitafion project, including all fill
associated with the project, would not alter the structure's historic desig-
nation;
(f) the repair, maintenance or rehabilitation project, including all fill
associated with the project, would not adversely affect the present or fu-
ture use of the area for water-oriented priority land uses designated by
the Commission pursuant to California Government Code Section
66611;
(g) maximum feasible public access would be provided as part of the
repair, maintenance or rehabilitafion project; and
(h) the repair, maintenance or rehabilitafion project, including all fill
associated with the project, would comply with the provisions of Cal.
Government Code Section 66600 through Section 66661 et seq. and the
San Francisco Bay Plan, except those policies limiting fill to water-ori-
ented uses.
NOTE: Authority cited: Section 66632(0, Government Code and Section
29201(e), Public Resources Code. Reference: Sections 66605(a) and 66632(0,
Government Code and Section 29201(e), Public Resources Code.
History
1. New section filed 10-20-92; operative 11-19-92 (Register 92, No. 43).
§ 10705. Pre-Existing Residential Structure.
A "pre-exisfing residenfial structure" as used in Section 10700 means
a residential structure on or partially on pilings or cantilevered over areas
located within the Commission's "San Francisco Bay" jurisdicfion that:
(a) either (1 ) has been in existence at its present location since Septem-
ber 17, 1965 or (2) has been authorized by a Commission permit; and
(b) is located on a privately-owned parcel that has not been subdivided
after April 15, 1993; and
(c) either (1) has been occupied and used as a residence for at least
three years during the five year period immediately prior to the filing of
a permit application with the Commission for the repair, maintenance, re-
habilitation or replacement of the structure, or (2) extenuafing circum-
stances exist that prevent the requirements of subdivision (c)(1) above
from being met, and other evidence exists that proves the structure is not
abandoned.
NOTE: Authority cited: Secfion 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Gov-
ernment Code; and Section 29520, Public Resources Code.
History
1. New section filed 1 1-30-93; operative 12-30-93 (Register 93, No. 49).
2. Amendment of first paragraph, subsection (b) and Note filed 5-24-96; opera-
tive 6-23-96 (Register 96, No. 21).
Article 2. Other Special Rules
§ 10710. Continuing Commission Jurisdiction.
Areas once subject to Commission jurisdicfion remain subject to that
same jurisdicfion even if filled or otherwise artificially altered whether
pursuant to a Commission permit or not.
Page 523
Register 2008, No. 25; 6-20-2008
§ 10711
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 66632(0, Government Code. Reference: Section
66632(a), Government Code.
History
1. Renumberine and amendment of former Section 10710 to Section 10810, and
new Section 1071 0 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For
prior history, see Register 73, No. 16.
§ 1 071 1 . Cantilevering.
"Any other substance or material" or "any substantial change in use
of any water" includes portions of any structure or any work that extends
over any area within the Commission's jurisdiction by cantilevering or
other similar engineering techniques.
NOTE; Authority cited: Section 66632(f), Government Code. Reference: Section
66632(a), Government Code.
History
1. Renumbering and amendment of former Section 1071 1 to Section 10812, and
new Section 107 1 1 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For
prior history, see Register 73, No. 16.
§ 1 071 2. Terms and Conditions for Subdivisions.
Subdivisions or other divisions of land requiring permits only because
they constitute a substantial change in use as defined in Section
10125(b)(2) shall be subject to only those terms and conditions necessary
to avoid potential adverse impacts on present or future public access or
potential adverse impacts on the suitability of the site for a water-ori-
ented priority land use designated pursuant to Government Code Section
6661 1 , and such terms and conditions shall normally be limited to the fol-
lowing:
(a) realignment of the parcel to avoid the adverse impact;
(b) assuring notification to potential purchasers of the resulting parcels
that future perinits may be required from the Commission pursuant to
Government Code Section 66632(a) and those permits may be subject to
such terms and conditions as may be required to comply with the provi-
sions of the McAteer-Petris Act and the San Francisco Bay Plan; and
(c) reservation of easements or similar devices to assure access by
members of the public to and along the shoreline from the nearest public
street.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 6632(0, Government Code;
and Section 29506, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 10713. Compliance with Time Limits for Acting on Permit
Applications When Commission Vote Requires
Further Findings.
When the Commission has voted on an application for a Commission
permit in such a way that requires the Commission to adopt findings at
a future Commission meeting pursuant to Section 10514(e), the Com-
mission shall meet the requirements contained in the McAteer-Petris Act
and the Permit Streamlining Act for voting within certain time hmits so
long as the vote on the application occurs before those time limits expire
even if the Commission votes on findings to support its action after those
time limits expire.
NOTE: Authority cited: Section 66632(0, Government Code; and Secfion
29201(e), Public Resources Code. Reference: Sections 65950, 65952 and 66632,
Government Code; and Secfion 29520(a), Public Resources Code.
History
1. New section filed 1-12-89; operafive 10-12-89 (Register 89, No. 43).
§ 10713.5. In-Bay Dredged Material Disposal Sites.
As used in the San Francisco Bay Plan and in these regulations, the
designated in-Bay dredged material disposal sites are as follows. These
designations do not preclude the need for a Commission permit to dis-
pose of dredged material at the sites or substitute for the findings that may
be required by the McAteer-Petris Act (Cal. Government Code Section
66600 et seq.) and the San Francisco Bay Plan.
(a) Alcatraz Disposal Site, consisting of a circular area of radius 1,000
feet with center located at latitude 37° 49' 17" N; longitude 122° 25'
23" W;
(b) San Pablo Bay Disposal Site, consisting of a rectangular area,
1,500 feet by 3,000 feet, with the long axis bearing 050 true, and center
at latitude 38° 00' 28" N; longitude 122° 24' 55" W;
(c) Carquinez Strait Disposal Site, consisting of a rectangular area,
1 ,000 feet by 2,000 feet, long axis bearing 050 taie, and center at latitude
38° 03' 50" N; longitude 122° 15' 55" W; and
(d) Suisun Bay Channel Disposal Site, consisting of a rectangular area,
500 feet by 1 1,200 feet situated parallel to the Suisun Bay Channel, and
center at latitude 38° 03 ' 15" N; longitude 122° 05' 06" W.
(e) Middle Harbor at the Port of Oakland:
(1) For a project ("the project") that satisfies the following criteria:
(A) the purpose of the project is to enhance in-Bay habitat for plants,
fish and wildlife;
(B) the project includes a one-time placement of dredged material, in
the amount of approximately 5.8 million cubic yards, taken from the
Oakland Harbor Navigation Improvement (-50 Foot) Project to create
shallow water habitat;
(C) the project would be undertaken as specified in a plan ("the Plan")
that is prepared by the U.S. Army Corps of Engineers and the Port ofOak-
land and approved by the Coinmission;
(D) the Plan specifies the following elements: (i) the restoration and
enhancement performance criteria for the project including the creation
of eelgrass and other shallow water habitat; (ii) the design required to re-
store or enhance-fish and wildlife habitat; (iii) the monitoring, adaptive
management, and corrective actions that will be employed to ensure that
the Plan's performance criteria are achieved; (iv) the periods of time
needed to achieve the performance criteria, to monitor, and to employ
adaptive management and corrective actions if needed; (v) the duties of
the U. S. Army Corps of Engineers in implementing the Plan; (vi) the du-
ties of the Port of Oakland once it takes over responsibility for the project
from the U. S. Army Corps of Engineers; (vii) the management agency
with wildlife management experience that will manage the Middle Har-
bor enhancement area once the project has been successfully completed;
(viii) the management agency's duties as manager of the enhancement
area; (ix) the method to determine the success or failure of the project
through a performance criteria evaluation period; and (x) the process to
determine the actions to be employed if the project fails to achieve the
Plan's performance criteria within the specified time frames;
(E) the manner of implementing the Plan has been demonstrated to
have a high likelihood of success in achieving the Plan' s performance cri-
teria within the specified time frames;
(F) the Port of Oakland makes a legally binding commitment to secure
two permits from the Commission to fulfill its responsibilities as speci-
fied in the Plan: (i) at the time it assumes responsibility for the project
from the U. S. Army Corps of Engineers at the commencement of the
Plan's performance evaluation period; and (ii) at the conclusion of the
Plan's performance evaluation period;
(G) the Port of Oakland provides the necessary legal and financial
instruments to support its responsibilities as specified in the Plan; and
(H) the Project sponsors make a legally binding commitment to take
action, as required by the Plan, if the project fails to achieve the Plan's
performance criteria within the specified fime frames; and
(2) Consisting of an area within the Middle Harbor bounded by the
shoreline, wharf faces, and Middle Harbor Shoreline Park improvements
which lie northeasterly of the following two courses;
Beginning at a point on the Southern Pacific Mole with Latitude
37°47' 59.864" N, Longitude 122°019' 48.019" W (NAD83) having
grid coordinates of "N"=21 18915.608 and "E"=6032967.336; thence
North 72°04 ' 00" West 3435.03 feet to a point on the common bound-
ary line between the city and county of San Francisco, Oakland and Ala-
meda County, said point having coordinates of "N"=21 19973.287 and
"E"=6029699.201; thence North 05°15'46" East 349.79 feet to the
southwesterly comer of the 7th Street Terminal face of wharf having
coordinates of "N"=2120353.305 and "£"=6029875.128.
NOTE: Authority cited: Section 29201(e), Public Resources Code; and Section
66632(0, Government Code. Reference: Secfion 29201(e), Public Resources
•
Page 524
Register 2008, No. 25; 6-20-2008
Title 14
San Francisco Bay Conservation and Development Commission
§ 10728
Code; Sections 66602, 66605, 66632(a), 66633, 66663.1 and 66663.2, Govem-
menl Code; and the San Francisco Bay Plan.
History
1. New section filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of first paragraph, new subsections (e)-(e)(2), and amendment of
NoTC filed 1-3-2001; operative 1-3-2001 pursuant to Government Code sec-
tion 11343.4(c) (Register 2001, No. 1).
Article 3. Fees for Commission Documents
§ 10714. Who Receives What Commission Documents for
Free and Who Pays for What Commission
Documents.
NOTE: Authority cited: Section 66632(f), Government Code; and section
29201(e), PubHc Resources Code. Reference: Sections 6257, 11125, 11125.1,
66632, 66637-66641.9 and 66652, Government Code; and Sections 29202,
29418, 29520 and 29601, Public Resources Code.
History
1. New article 3 (sections 10714-1 07 16 filed 8-14-92; operative 9-14-92 (Regis-
ter 92, No. 33).
2. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
§ 10715. Receipt of Commission Documents Pursuant to a
Calendar Year Subscription.
NOTE: Authority cited: Section 66632(f), Government Code; section 29201(e),
Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632,
66637-66641 .9 and 66652, Government Code; and Sections 29202, 29418, 29520
and 29601, Public Resources Code.
History
1. New section filed 8-14-92; operative 9-14-92 (Register 92, No, 33).
2. Editorial correcfion of subsection (f) and Note (Register 95, No. 41).
3. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
§ 10716. Receipt of Specific Commission Documents After
Payment of Specific Cost.
Note: Authority cited: Secnon 66632(f), Government Code; section 29201(e),
Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632,
66637-66641 .9 and 66652, Government Code; and Sections 29202, 29418, 29520
and 29601, Public Resources Code.
History
1. New section filed 8-14-92; operative 9-14-92 (Register 92, No. 33).
2. Editorial correction of Note (Register 95, No. 41).
3. Repealer filed 3-14-96; operative 4-13-96 (Register 96, No. 11).
Article 4. Dredging
§ 10720. Commission Procedure for Implementation of
Individual In-Bay Dredged Material
Allocations.
(a) The Commission shall commence a formal rulemaking process
pursuant to the Administrative Procedures Act to determine whether or
not to implement an individual in-Bay dredged material allocation-pro-
gram either (1) within 45 days of the Executive Director's determination
at the triennial reviews starting in 2004 that the average annual volume
of dredged material disposed of over the preceding three-year period at
the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay
Channel in-Bay disposal sites designated by the Commission exceeds
the target volume specified in Section 10721 or (2) within 45 days of re-
ceipt of a written request to make such a determination from the Long
Term Management Strategy Management Committee.
(b) The Commission shall also hold a public hearing prior to voting on
whether or not to implement an individual in-Bay dredged material al-
location and shall otherwise follow the formal rulemaking process pur-
suant to the Administrative Procedures Act when it determines whether
or not to implement such a program.
(c) If an analysis of the factors affecting the need for allocations, in-
cluding (1) the status of alternatives to in-Bay disposal and cooperative
efforts to implement them, (2) exigencies that hamper the use of alterna-
tive sites, and (3) other relevant factors and any needed environmental
documentation has not been submitted by the LTMS Management Com-
mittee as part of the written request or if in-Bay disposal volumes exceed
the target volumes, then such an analysis will be prepared by the Com-
mission staff prior to the public hearing on the matter.
(d) The Commission shall vote on whether or not to implement such
a program within 60 days of the close of the public hearing. The Commis-
sion shall implement a program of individual in-Bay dredged material
disposal allocations unless a majority of those Commissioners present
and voting vote not to implement the program.
(e) The program will commence no later than six months after the
Commission vote if the Commission vote results in a determination to
implement an allocation program, provided that the Commission must
also complete the formal rulemaking process and any allocation adopted
by the Commission must be approved by majority vote as a regulation
pursuant to the Administrative Procedures Act before the allocation can
go into effect.
Note: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Pubhc Resources Code. Reference: Sections 66632(f) and 66652, Gov-
ernment Code; Section 29008, Public Resources Code; and Scin Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding s and Policy 1 .
History
1. New article 4 (sections 10720-10729) and section filed 6-28-2001; operative
7-28-2001 (Register2001,No. 26).
§ 1 0721 . Target Volumes.
(a) The target volume for the calendar years of 2001-2003 is an aver-
age of 3.05 million cubic yards per year.
(b) The target volume for the calendar years of 2004-2006 is an aver-
age of 2.66 million cubic yards per year.
(c) The target volume for the calendar years of 2007-2009 is an aver-
age of 2.28 million cubic yards per year.
(d) The target volume for the calendar years of 2010-201 2 is an aver-
age of 1.89 million cubic yards per year.
(e) The target volume for the calendar years thereafter is an average
of 1.50 million cubic yards per calendar year for each three-year period
thereafter.
Note: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632(0 and 66652, Gov-
ernment Code; Section 29008, Public Resources Code; and San Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding s and Policy 1 .
History
1. New section filed 6-28-2001; operafive 7-28-2001 (Register 2001, No. 26).
§ 10726. Small Dredger Exception.
Small dredgers are exempt from the individual in-Bay dredged mate-
rial disposal allocation process, but they must still fully comply with all
other McAteer-Petris and San Francisco Bay Plan policies regarding
dredging and the disposal of dredged material.
Note: Authority cited: Section 66632(f), Government Code; and Section
292Gl(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Gov-
ernment Code; Section 29008, Public Resources Code; and San Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding t and Policy 1.
History
1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§ 10727. Small Dredgers.
Small dredgers are defined to be project sponsors of dredging projects
with a depth no deeper than -1 2 feet Mean Lower Low Water (not includ-
ing over-depth dredging) and generating an average yeariy volume of
less than 50,000 cubic yards of material.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e), PubUc Resources Code. Reference: Sections 66632(f) and 66652, Gov-
ernment Code; Section 29008, Public Resources Code; and San Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding t and Policy 1.
History
1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§ 10728. Termination of Individual Dredged Material
Disposal Allocations.
(a) Within 45 days of either (1) a written determination by the Execu-
tive Director that the average annual volume of dredged material dis-
posed of over the preceding triennial review period at all in-Bay disposal
sites designated by the Commission no longer exceeds the target volumes
Page 524.1
Register 2008, No. 25; 6-20-2008
§ 10729
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
specified in Section J 072 J or (2) the Long Term Management Strategy
Management Committee recommends ending allocations, the Commis-
sion shall commence a formal rulemaking process pursuant to the Ad-
ministrative Procedures Act to determine whether or not to end the im-
position of individual dredged material disposal allocation. As part of
that process, the Commission shall hold a public hearing.
(b) Within 60 days of the close of the public hearing, the Commission
shall vote on whether or not to end the imposition of individual dredged
material disposal allocations.
(c) The Commission shall end the imposition of individual dredged
material disposal allocations unless the Commission determines by a ma-
jority of those Commission members present and voting not to end the
imposition of individual dredged material disposal allocations.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Gov-
ernn^ent Code; Section 29008, Public Resources Code; and San Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
History
1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
§ 10729. Reimplementation of Individual Allocations for
the In-Bay Disposal of Dredged Material.
After terminating the imposition of individual dredged material dis-
posal allocations, the Commission can reimpose individual dredged ma-
terial disposal allocations only if the conditions specified in Section
10720 and 10721 exist and the Commission determines to impose the al-
locations pursuant to Section 10720, including the commencement and
completion of a formal rulemaking pi"ocess pursuant to the Administra-
tive Procedures Act.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Gov-
ernment Code; Section 29008, Public Resources Code; and San Francisco Bay
Plan, Findings and Policies on Dredging, especially Finding s and Policy 1.
History
1. New section filed 6-28-2001; operative 7-28-2001 (Register 2001, No. 26).
3. Amendment of subsection (b) and Note filed 6-16-2008; operafive 7-16-2008
(Register 2008, No. 25).
Article 2.
Chapter 8. Amendments to Permits
Article 1. Determination of Materiality or
Nonmateriality of a Proposed Amendment
§ 10800. Determination of Materiality or Nonmateriality of a
Proposed Permit Amendment.
(a) The Executive Director shall decide whether a proposed amend-
ment to a Commission permit is a material or a nonmaterial amendment.
(b) A nonmaterial amendment is an amendment that will not material-
ly alter the project authorized by the Commission permit, such as but not
limited to an amendment that qualifies under Sections 10601 or 10602
as a minor repair or improvement and that will not result in any reduction
of public benefits.
(c) All other amendments are material.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(f), Government
Code; and Secfion 29520, Public Resources Code.
History
1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-12-89; operafive 10-12-89 (Register 89, No. 43).
Amendments to Administrative
Permits
§ 10810. Applications for and Action on Nonmaterial
Amendments to an Administrative Permit.
(a) An application for a nonmaterial amendment to an administrative
permit shall be made by letter. The application shall contain an adequate
description of the proposed amendment and shall include appropriate
maps and drawings.
(b) The Executive Director shall approve a nonmaterial amendment to
an administrative perinit only if he or she finds that the proposed amend-
ment is nonmaterial and is consistent with either (1) California Govern-
ment Code Sections 66600 through 66661, the San Francisco Bay Plan,
California Public Resources Code Sections 21000 through 21 177, and
the Commission's Regulations if the Commission has jurisdiction under
California Government Code Sections 66610 and 66632, (2) California
Public Resources Code Sections 29000 through 29612, the Sui sun Marsh
Protection Plan, California Public Resources Code Sections 21000
through 21 177, and the Commission's regulations if the Commission has
jurisdiction under California Public Resources Code Section 29101,
29500, and 29501 and the Commission has not certified a Suisun Marsh
Local Protection Program or, (3) either California Public Resources
Code Sections 29000 through 29612 and the Suisun Marsh Protection
Plan, or the certified Suisun Marsh Local Protection Program, in addition
to California Public Resources Code Sections 21000 through 21 177 and
the Commission's regulations if the Commission has jurisdiction under
Public Resources Code Section 29101, 298500, and 29501 and if the
Commission has certified a Suisun Marsh Local Protection Program.
(c) When the Executive Director approves a nonmaterial amendment
to an existing administrative permit, he or she shall not impose any new
permit condition or modify any existing permit condition except when
the new or modified condition either ( 1 ) relates solely to the non-material
amendment, (2) is required by changes in the law or in reguladons, or (3)
is needed to make existing conditions consistent with the proposed
amendment.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code;
and Secfion 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 10810(a)-(c) to Secfion
11000, renumbering and amendment of former Secfion 10810(d) to Secfion
11001, and renumbering and amendment of Secfion 10710 to Secfion 10810
filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see
Registers 80, No. 48 and 73, No. 16.
2. New subsection (c) filed 6-26-97; operafive 7-26-97 (Register 97, No. 26).
§ 1 081 1 . Applications for Material Amendments to an
Administrative Permit.
(a) If the project described in an application for a material amendment
to an administrative permit would constitute a minor repair or improve-
ment, the application shall be made in the same form as an application
for an administrative permit as required by Section 10610.
(b) If the project described in an application for a material amendment
to an administrative permit would not constitute a minor repair or im-
[The next page is 525.]
Page 524.2
Register 2008, No. 25; 6-20-
Title 14
San Francisco Bay Conservation and Development Commission
§ 10824
•
•
provement, the application shall be made in the same form as an applica-
tion for a major permit as required by Section 10310.
NOTE: Authority cited: Section 66632(f), Governmenl Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Govemment Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 1081 1 to Section 11002, and
new Section 108 11 tiled 5- 18-87; operative 6-1 7-87 (Register 87, No. 30). For
prior history, see Register 80, No. 48.
§ 10812. Criteria and Procedures for Processing a Material
Amendment to an Administrative Permit.
The Executive Director shall process a properly filed application for
an amendment to an administrative permit based on the same criteria and
subject to the same procedures as these regulations require for the pro-
cessing of an administrative permit if the project as proposed in the
amendment qualifies for treatment as an administrative permit. Howev-
er, if the project as proposed in the amendment does not qualify for treat-
ment as an administrative permit, the Executive Director and the Com-
mission shall process the application as being for a major permit.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Govemment Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 10812 to Section 11003, and
renumbering and amendment of Section 107 11 to Section 10812 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48 and 73, No. 16.
Article 3. Amendments to Major Permits
§ 1 0820. Applications for Nonmaterial Amendments to
Major Permits.
(a) An application for a nonmaterial amendment to a major permit
shall be made by letter. The letter shall contain an adequate description
of the proposed amendment and shall include appropriate maps and
drawings.
(b) When the Executive Director approves a nonmaterial amendment
to an existing major permit, he or she shall not impose any new permit
condition or modify any existing permit condition except when the new
or modified condition either ( 1 ) relates solely to the non-material amend-
ment, (2) is required by changes in the law or in regulations, or (3) is
needed to make existing conditions consistent with the proposed amend-
ment.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Govemment Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 10820 to Section 11100, and
renumbering and amendment of Section 1 0720 to Section 10820 filed 5-1 8-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No.
48 and 73, No. 16.
2. Amendment designating first paragraph as subsection (a) and adding new sub-
section (b) filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
§ 1 0821 . Procedure Depending on Whether an Amendment
Is Material or Nonmaterial.
(a) The Executive Director shall deny an application for a nonmaterial
amendment to a major permit if he or she believes the proposed amend-
ment would constitute a material alteration of the project and shall notify
the applicant in writing of his or her reasons for that belief.
(b) If the Executive Director denies an application for a nonmaterial
amendment to a major permit because he or she believes it would result
in a material alteration of the project, the applicant may appeal that deter-
mination by filing an application for a material amendment and note the
fact of and the reason for the appeal.
(c) If the applicant appeals the determination of the Executive Director
to the full Commission by filing an application for a material amendment,
the Commission shall, prior to holding a public hearing on the applica-
tion, determine by a majority vote of those present and voting whether
or not the proposed change will result in a material alteration of the proj-
ect.
(d) If the Commission determines that a proposed amendment will not
result in a material alteration of the project, the Executive Director shall
process the request as being for a nonmaterial amendment.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 10821 to Secfion 1 1 101, and
renumbering and amendment of Section J 0723 filed 5-18-87; operative
6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
73, No. 16.
§ 10822. Criteria and Procedures for Processing
Nonmaterial Amendments to Major Permits.
The Executive Director shall approve a nonmaterial amendment to a
major permit only if he or she finds that the amendment is consistent with
Cahfomia Govemment Code Sections 66600 through 66661 and the San
Francisco Bay Plan if the Commission has jurisdiction under California
Govemment Code Sections 66610 and 66632, with California Public Re-
sources Code Sections 29000 through 2961 2 and the Suisun Marsh Pro-
tection Plan or the certified Suisun Marsh local protection program if the
Commission has jurisdiction under Califomia Public Resources Code
Sections 29101, 291 14, 29500, 29501, and 29505, with California Public
Resources Code Sections 21000 through 21177, and with these regula-
tions and will not result in a material alteration of the project.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 10822 to Secfion 11102, and
renumbering and amendment of Secfion 10722 to Secfion 10822 filed 5-18-87;
operau ve 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No.
29 and 73, No. 16.
§ 10823. Notice of Decision to Deny Nonmaterial
Amendment.
If the Executive Director denies an application for nonmaterial
amendment, he or she shall mail written notice of the denial and the rea-
sons for it to the applicant within ten (10) days of the decision.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632, Government Code;
and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 10823 to Secfion 11103, and
renumbering and amendment of Section 10724 to Section 10823 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No.
29 and 73, No. 16.
§ 10824. Applications for and Processing of Material
Amendments to Major Permits.
An application for and the processing of a material amendment to a
major permit shall be subject to the same requirements and procedures
as an application for a major permit.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Secfion
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code;
and Secfion 29520, Govemment Code.
History
1 . Repealer of former Secfion 1 0824, and renumbering and amendment of Secfion
10721 to Section 10824 filed 5-18-87; operafive 6-17-87 (Register 87, No.
30). For prior history, see Registers 79, No. 29 and 73, No. 16.
Page 525
Register 97, No. 26; 6-27-97
§ 10900
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Chapter 9. Expansion of Existing Uses and
Claims of Exemption
Article 1. Resolutions on Expansion of
Existing Uses
(Government Code Section 66654)
§10900. Filing Deadline.
Any owner of property that is located within the shoreline band, a salt
pond, or a managed wetland and that was devoted to a certain use or com-
bination of uses on November 10, 1969 and who wants to file an applica-
tion to expand those uses pursuant to Government Code Section 66654
shall file the application on or before November 10, 1971.
NOTE: Authority cited: Section 66632(t), Government Code. Reference: Section
66654, Government Code.
History
1. Renumbering and amendment of Section 10830 to Section 10900 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
Article 2. Claims of Exemption
§10910. Claim Form.
All claims of exemption made pursuant to Government Code Section
66656 or pursuant to Public Resources Code Section 29507 shall be
made on a claim form included in these regulations as Appendix J and
Appendix K, respectively.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of former Section 10910 to Section 11501, and
renumbering and amendment of Section 1 0840 to Section 1 09 1 0 filed 5- 1 8-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80. No.
48.
§10911. Filing Deadline.
(a) Claims of exemption pursuant to Government Code Section 66656
shall be filed on or before April 1, 1974.
(b) Claims of exemption pursuant to Public Resources Code Section
29507 shall be filed on or before January 1, 1979.
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10841 to Section 10911 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10912. Number of Copies of Form — Distribution.
Any person who submits a claim of exemption shall furnish at or be-
fore filing a signed original with all exhibits and four copies of the origi-
nal and exhibits. The Executive Director shall distribute one copy to each
of the following agencies:
(a) U.S. Army Corps of Engineers (San Francisco or Sacramento Dis-
trict);
(b) State Lands Commission;
(c) Deputy Attorney General assigned to the Commission; and
(d) the city, county, or city and county within which the property for
which the claim is sought lies.
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10842 to Secrion 10912 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 1 091 3. Exhibits Illustrating Claim.
(a) The claimant shall furnish to the Commission at or before the time
of filing drawings, maps, photographs, or other exhibits that the staff
shall distribute with a staff summary that the staff shall prepare and which
shall:
(1) illustrate precisely what is claimed as exempt; and
(2) indicate the relationship of the project claimed as exempt to nearby
roads, to the shoreline as it presently exists and as it existed on September
17, 1965 if the claim is under Government Code Section 66656, to the
boundaries of the Suisun Marsh if the claim is made under Public Re-
sources Code Section 29507, to existing topographical features, and to
any other significant natural or man-made features in the vicinity of the
project.
(b) A claimant may either:
(1) provide a master copy of each exhibit, 8-1/2 by 11 inches in size,
for reproduction by the Commission; or
(2) Two hundred (200) copies of each exhibit of a larger size if the
claimant believes that the larger size would be more suitable to describe
his or her claim.
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Secrion 10843 to Secrion 10913 filed
5-18-87; operari ve 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Amendment of subsection (a)(2) filed 5-24-96; operative 6-23-96 (Register
96, No. 21).
§ 1 091 4. Other Substantiating Evidence.
At or before the time of filing, the claimant shall also furnish to the
Commission the following:
(a) a legal descriprion and a map showing property lines of all the prop-
erty involved in the claim;
(b) a document evidencing the claimant's legal interest in the property
involved in the claim;
(c) a copy of each permit, approval, disapproval, letter of permission,
or other action taken by each governmental agency having jurisdiction
over the project claimed to be exempt and from which approval of the
project was or is required, and if a governmental agency having jurisdic-
tion over the project took no action, a letter from that agency stating why
it took no action;
(d) a map showing the physical relationship of the property and any
area filled or to be filled to nearby confirmed survey lines, points, eleva-
tions, or other references, such as bench marks, triangularion points, U.S.
pierhead and bulkhead lines, etc.;
(e) the earliest dated drawing depicting the project; and
(f) if the claim is being made under Government Code Section 66656,
photographic or written evidence that shows that filling and/or diking
had begun prior to September 1 7, 1965 and that indicates the amount of
any fill that had been placed and the extent of any dikes that had been con-
structed, or if the claim is being made under Public Resources Code Sec-
tion 29507, photographic or written evidence that substantial work had
occurred and that substantial liabilities have been incurred in reliance on
local permits prior to January 1, 1978.
NOTE: Authority cited: Secrions 66632(f), Government Code; and Secrion
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10844 to Secrion 10914 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 10915. When a Claim of Exemption Is Filed.
A claim shall be filed when the following has occurred:
(a) the Executive Director has determined that the completed claim
form, supporting documentation, and exhibits comply with these regula-
tions; and
(b) the claim form, supporting documentation, and exhibits have been
stamped "Filed BCDC" with the date of filing.
Page 526
Register 97, No. 26; 6-27-97
Title 14
San Francisco Bay Conservation and Development Commission
§ 10917
NOTE: Authority cited: Sections 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10845 to Section 10915 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§10916. Procedures.
(a) The provisions of Sections 10351-353, 10380-381, 10400^02,
10410-412, 10420-422, 10430-431, 10500-502, 10504-505, and
10510-514, relating to notice of hearing, hearing procedures, voting, and
other similar matters, shall apply to claims of exemption except where
those provisions are inconsistent with express provisions of this Article.
(b) For the purposes of this Article, the words "claim" and "claimant"
shall be substituted for the words "application" and "applicant," respec-
tively, as they are used in the regulations to which paragraph (a) refers.
NOTE: Authority cited: Sections 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10846 to Section 10916 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No.29.
§ 10917. Commission Determination and Findings.
(a) After hearing the staff recommendation and any subsequent dis-
cussion, the Chair shall entertain a motion to act on the claim.
(b) In any determination the Commission makes concerning a claim
of exemption, it shall adopt a statement of findings and declarations to
support the action it takes.
(c) If the Commission action adopts the Executive Director's recom-
mendation, its findings and declarations shall be those contained in the
Executive Director's recommendation. If the Commission action differs
[The next page is 527.]
Page 526.1
Register 97, No. 26; 6-27-97
Title 14
San Francisco Bay Conservation and Development Commission
§ 11001
from the Executive Director's recommendation, those Commissioners
who voted consistent with the Commission determination shall by major-
ity vote adopt the necessary findings and declarations.
NOTE; Authority cited: Sections 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code; Sierra
Club v. City ofHayward(\9S] ) 28 Cal.3d 840, 858-60; and Topanga Association
for a Scenic Coninuinity v. County of Los Angeles (1974) 1 1 Cal.3d 506, 513-17.
History
1. Renumbering and amendment of Section 10847 to Section 10917 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 091 8. Effect of Grant of Exemption.
A Commission determination that approves all or part of aclaim of ex-
emption shall constitute an acknowledgment that all or part of the project
is exempt from the permit requirements of Government Code Section
66632 or of Public Resources Code Sections 29500 through 29524, as
applicable, provided that no substantial change may be made in any such
project without a permit from the Commission and provided that the
claim shall not cover any subsequent maintenance work on the project.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10848 to Section 10918 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 10919. Effect of Denial of Exemption.
A Commission determination that denies all or part of a claim of ex-
emption shall constitute an authorization to the Executive Director to
take any appropriate action to secure compliance with Government Code
Section 66632 or with Public Resources Code Sections 29500 through
29504, as applicable.
NotE: Authority cited: Secrion 66632(0, Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; and Section 29507, Public Resources Code.
History
1. Renumbering and amendment of Section 10849 to Section 10919 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 0920. Effect of Transfer of Property on Claim of
Exemption.
An exemption that the Commission grants shall be transferable and
shall remain in full effect after any conveyance of the property that is the
subject of the exemption.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and
66656, Government Code; Section 29507, Public Resources Code; and People ex
rel. San Francisco Bay Conservation and Development Commission v. Town of
Emeryville (1968) 69 Cal.2d 533, 548.
History
1. Repealer and new secrion filed 5-18-87; operarive 6-17-87 (Register 87, No.
30). For prior history, see Register 79, No. 29.
2. Amendment of section and Note filed 2-26-98; operative 3-28-98 (Register
98, No. 9).
§ 1 0921 . Abandonment of an Exemption.
Failure to put any land, water, or structure to the use for which the
Commission issued a claim of exemption for a period of two (2) years
shall create a presumption that the structure or the use of the land, water,
or structure has been abandoned, so that the exemption no longer applies
to the abandoned structure or use, provided that the Commission may de-
termine an exemption has not been abandoned despite the non-use of any
land, water, or structure for a period of two (2) years if it resolves that it
was physically or legally impossible to make such use of the land, water,
or structure within the two (2) year period or that the holder of the exemp-
tion had made reasonable and good-faith efforts to put the land, water,
or structure to such exempted use during the period of non-use.
NOTE: Authority cited: Section 66632(f), Government Code; and Section 29507,
Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Govern-
ment Code; Section 29507, Public Resources Code; A vco Community' Developers,
Inc. V. South Coast Regional Commission (1976) 17 Cal.3d 785, 798; Hill v. Cit\
of Manhattan Beach (1971) 6 Cal.3d 279, 286; and Gerhard v. Stephens (1968)
68 Cal.2d 864.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Chapter 10. Amendments to the San
Francisco Bay Plan or the Suisun Marsh
Protection Plan and Other Planning Matters
Article 1. Plan Amendments
§ 1 1 000. Information Required to Consider Plan
Amendment.
If anyone other than the Commission or the Executive Director pro-
poses an amendment or other change either to the San Francisco Bay
Plan, to a Commission special area plan or total design plan, to the San
Francisco Bay Area Seaport Plan, to the Suisun Marsh Protection Plan
of 1 977, or to any other plan administered by the Commission, the Com-
mission shall consider the proposal only after the agency, organization,
or individual who proposes the amendment or change has submitted a
completed and executed copy of the application form that these regula-
tions contain as Appendix G and, in addition, has met the requirements
of section 11008.
NOTE: Authority cited: Sections 66632(0 and 6665 1 , Government Code; and Sec-
tion 29201(e), Public Resources Code. Reference: Secrion 66652, Government
Code; and Section 29202, Public Resources Code.
History
1 . Amendment of article heading and renumbering and amendment of former sec-
tion 11000 to sections 11001 and 1 1002 and new section 1 1000 filed 9-5-91 ;
operative 10-7-91 (Register 92, No. 3).
2. Amendment filed 12-1-92; operarive 12-31-92 (Register 92, No. 49).
3. Editorial correction of printing error deleting obsolete article heading and
amending History 1 (Register 94, No. 22).
§ 1 1 001 . Preparation, Contents and Circulation of Draft
Adequate Descriptive Notice.
(a) If the Commission or the Executive Director proposes an amend-
ment or other change either to the San Francisco Bay Plan, to a Commis-
sion Special area plan or total design plan, to the San Francisco Bay Area
Seaport Plan, or to the Suisun Marsh Protection Plan or if anyone else
proposes such an amendment by submitting a fully completed applica-
tion form as required by section 1 1000, the Executive Director shall pre-
pare a draft descriptive notice.
(b) The draft descriptive norice shall indicate the scope of the proposed
amendment and shall recommend a date for public hearing.
(c) At least 10 days prior to the meeting at which the Commission will
determine whether or not to proceed with a proposed amendment or other
change to the San Francisco Bay Plan, to a Commission special area plan
or total design plan, to the San Francisco Bay Area Seaport Plan, or to the
Suisun Marsh Protection Plan, or any other plan administered by the
Commission, the Executive Director shall mail to all Commission mem-
bers a copy of the draft descriptive notice and any other materials that the
Executive Director believes that the Commission will need to understand
fully the proposed amendment.
NOTE: Authority cited: Sections 66632(0 and 66651 , Government Code; and Sec-
tion 29201(e), Public Resources Code. Reference: Section 66652, Government
Code; and Section 29202, Public Resources Code.
History
1. Renumbering and amendment of section 10810(a)-(c) to section 11000 filed
5-18-87;operarive6-17-87(Register87,No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Renumbering of former secrion 1 1001 to section 1 1004 and renumbering and
amendment of former section 1 1000(a)-(c) to section 1 1001 filed 9-5-91 ; op-
erarive 10-7-91 (Register 92, No. 3).
3. Editorial correction of subsection (c) (Register 95, No. 41).
4. Editorial correction of subsection (a) (Register 2002, No. 24).
Page 527
Register 2007, No. 7; 2-16-2007
§ 11002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 11002. Commission Determination to Initiate
Amendment Process; Adoption and Mailing of
Descriptive Notice.
(a) When the Commission receives the draft descriptive notice, it may
invite written comment or hold a pubhc hearing and shall thereafter de-
termine by a majority vote of those present and voting whether it wants
to initiate the amendment process.
(b) If the Commission determines to initiate the amendment process,
the Commission shall make any changes in the notice that it deems appro-
priate and shall also see the date for the public hearing on the proposed
amendment.
(c) The descriptive notice as adopted by the Commission after having
made any appropriate changes shall be the "adequate descriptive notice"
that Government Code Section 66652 requires.
(d) At least 30 days prior to the date of the public hearing on the pro-
posed amendment, the Executive Director shall mail by first class mail
a copy of any descriptive notice that the Commission has approved to all
Commissioners and Alternates, to each of the six (6) governmental agen-
cies listed in Section 10360, to all interested agencies, organizations, and
individuals, to all agencies that have jurisdiction by law with respect to
any proposed activity that is listed in the notice, and to any other person,
agency, or organization who requests such notice in writing.
NOTE: Authority cited: Sections 66632(f) and 6663 1 , Government Code; and Sec-
tion 29201(e), Public Resources Code. Reference: Section 66652, Government
Code; and Sections 21080.5(d)(2)(C) and 29202, Public Resources Code.
History
1 . Renumbering and amendment of former section 1 1002 to section 1 1003 and re-
numbering and amendment of former section 11000(d)-(f) to section 11002
filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
2. Amendment of subsection (d) and Note filed 2-16-2007; operative 3-18-2007
(Register 2007, No. 7).
§ 1 1 003. Staff Planning Report.
(a) Not less than thirty (30) days prior to the initial public hearing on
the proposed amendment, the Executive Director shall distribute a staff
planning report on the proposed amendment to all persons, agencies, and
organizations who received a descriptive notice of the proposed amend-
ment and to anyone else who requests such in writing.
(b) The staff planning report shall contain:
(1) the background of the proposed amendment, the name of the
agency, organization, or individual who proposed the amendment, and
the reason for the proposal;
(2) a description of the proposed amendment that shall include the spe-
cific language, map designation, or other change proposed, and, for any
change in any plan map, graphic exhibits that indicate the precise loca-
tion and nature of the proposed change;
(3) a statement describing the effect the proposed change would have
on any existing finding, policy, or map designation contained in the San
Francisco Bay Plan, a Commission special area plan, the San Francisco
Bay Area Seaport Plan, the Suisun Marsh Protection Plan, or any other
plan administered by the Commission;
(4) a statement describing the consistency of the proposed change with
the findings and declarations of policy in the McAteer-Petris Act (Cali-
fornia Government Code Sections 66600 through 66694) if an amend-
ment to the San Francisco Bay Plan is proposed;
(5) a statement describing the consistency of the proposed change with
the findings and declarations of poHcy contained in the Suisun Marsh
Preservation Act of 1977 (California Public Resources Code Sections
29000 through 29612) if an amendment to the Suisun Marsh Protection
Plan is proposed;
(6) an environmental assessment, which shall either (i) state that the
proposed amendment will have no significant adverse environmental im-
pacts or (ii) shall describe any possible significant adverse effects that the
proposed amendment would have on the environment and shall describe
any public benefits of the proposed amendment, any feasible mitigation
measures that would lessen the significant adverse environmental im-
pact(s) and shall evaluate any feasible alternatives to the change;
(7) a summary of written comments received following distribution of
the descriptive notice but at least 10 days prior to the mailing of the staff
planning report and responses to those comments;
(8) a summary of and responses to all significant environmental points
raised up to the time the staff planning report is mailed;
(9) if the proposed amendinent involves a change in a water-oriented
priority land use boundary description, a draft revision of such boundary
description; and
(10) a preliminary staff recommendation on the proposed amendment.
NOTE: Authority cited: Sections 66632(f), 66651 and 66652, Government Code;
and Section 29201(e), Public Resources Code. Reference: Section 66652. Govern-
ment Code; and Sections 21080.5(d)(2)(D) and 29202, Public Resources Code.
History
1 . Renumbering and amendment of section 1081 1 to section 1 1 002 filed 5-1 8-87;
operative 6-17-87 (Re2ister87, No. 30). For prior history, see Register 80. No.
48.
2. Renumbering and amendment of former section 1 1 002 to section 1 1 003 and re-
numbering of former section 1 1003 to section 11005 filed 9-5-91 ; operative
10-7-91 (Register 92, No. 3).
3. Amendment of subsections (a)(3), (a)(4) and (a)(6), new subsection (a)(8), sub-
section renumbering, amendment of newly designated subsection (a)(9) and
amendment of Note filed 2-16-2007; operative 3-18-2007 (Register 2007,
No. 7).
§ 1 1 004. Public Hearing(s).
(a) The Commission shall hold the initial public hearing not less than
thirty (30) days following the mailing of the descriptive notice that the
Commission adopted.
(b) The Executive Director may delay the date or time and change the
place of the public hearing on a proposed plan amendment without the
Commission having to amend the descriptive notice by giving notice of
the delay or change in the regular meeting notice for the meeting at which
the public hearing was scheduled before the change. The staff shall mail
such notice of delay or change to all persons and entities to which the staff
mailed a descriptive notice.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Section 66652, Government Code;
and Section 29202, Public Resources Code.
History
1. Renumbering and amendment of Section 10810(d) to Section 11001 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
2. Renumbering of former section 11001 to section 11004 and renumbering of for-
mer section 11004 to section 11006 filed 9-5-91; operative 10-7-91 (Register
92, No. 3).
§ 11005. Staff Planning Recommendation.
(a) Following the final public hearing on the proposed amendment, the
staff shall prepare a staff planning recommendation on the proposed
amendment.
(b) The staff planning recommendation shall contain:
(1) a summary of comments and responses to all comments on the pro-
posed amendment received either in writing prior to the close of the pub-
lic comment period or at the public hearing which the staff plarming re-
port did not already summarize and respond to;
(2) a summary of and responses to all significant environmental points
raised but not summarized and reponded to in the staff planning report;
(3) any revisions to the Executive Director's initial assessment and
analysis of the environmental effects of the proposed amendment;
(4) a final recominendation for Commission action on the proposed
amendment, which may include approval, modifications, or disapproval
of the proposed amendment;
(5) if the proposed amendment involves a change in a water-oriented
priority land use boundary description, a recommendation for the precise
wording of such change; and
(6) if the Executive Director recommends approval of the amendment
in original or modified form, a draft resolution of adoption that conforms
to the provisions of Section 1 1004.
(c) The staff shall mail by first class a copy of the staff planning recom-
mendation to all agencies, organizations, and individuals who received
a staff planning report and to anyone else who requests in writing to re-
ceive a copy of the recommendation. Such mailing shall take place not
Page 528
Register 2007, No. 7; 2-16-2007
Title 14
San Francisco Bay Conservation and Development Commission
§ 11007
less than six (6) days prior to the date of the scheduled Commission action
on the proposed amendment.
(d) If the staff recommends an amendment that is substantially differ-
ent from the amendment proposed in the staff planning report, the Execu-
tive Director shall prepare and distribute a new staff planning report in
conformity to Section 1 1003 and the Commission shall hold another pub-
lic hearing no earlier than thirty (30) days after the distribution of the new
staff planning report. The Commission shall wait to consider or vote on
the Executive Director's recommendation at least fourteen (14) days fol-
lowing the holding of the additional public hearing.
(e) If the Commission does not determine that the staff is recommend-
ing an amendment that is substantially different from the amendment
proposed in the staff planning report, the amendment being recom-
mended shall be conclusively presumed not to be substantially different.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66652, Government Code;
and Sections 21080.5(d)(2)(D) and 29202, Public Resources Code.
History
1 . Renumbering and amendment of section 1081 2 to section 1 1003 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 1 1003 to section 1 1005 and renumbering of for-
mer section 11005 to section 11007 filed 9-5-91; operafive 10-7-91 (Register
92, No. 3).
3. New subsection (b)(2), subsection renumbering, amendment of subsections (d)
and (e) and amendment of Note filed 2-16-2007; operative 3-18-2007 (Regis-
ter 2007, No. 7).
§ 11 006. Contents of a Resolution of Approval.
A resolution of approval of a proposed amendment to the San
Francisco Bay Plan, a special area plan, or the Suisun Marsh Protection
Plan either in original or modified form shall contain the following ele-
ments:
(a) if the resolution concerns a proposed amendment to the Bay Plan
or a special area plan, a statement that the amendment conforms to all
relevant policies of California Government Code Sections 66600
through 66661;
(b) if the resolution concerns a proposed amendment to the Suisun
Marsh Protection Plan, a statement that the amendment conforms to all
relevant policies of California Public Resources Code Sections 29000
through 29612;
(c) a statement that the amendment either will have no significant ad-
verse impacts on the environment or that the amendment incorporates
feasible alternatives or feasible mitigation measures, if any exist, that will
substantially lessen the significant adverse impacts;
(d) the text and all necessary drawings, maps, exhibits, etc., of the
amendment; and
(e) specific findings of fact that will support the legal conclusions con-
tained in paragraphs (a) and (b) of this section.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66652, Government Code;
and Section 29202, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Renumberine of former secfion 1 1004 to section 1 1006, filed 9-5-91 ; operative
10-7-91 (Register 92, No. 3).
§ 1 1 007. Notice of Adopted Amendments.
(a) The Executive Director shall file a notice of the adoption of a plan
amendment with the Secretary of the Resources Agency for posting and
inspection as provided in Public Resources Code Section
21080.5(d)(2)(v).
(b) The Executive Director shall also make every reasonable effort to
assure that all interested persons receive notice of the adopted amend-
ment.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66632 and 66652, Govern-
ment Code; and Sections 21080(d)(2)(v) and 29202, Public Resources Code.
History
1 . Renumbering and amendment of section 10814 to section 1 1 005 filed 5-18-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
48.
2. Renumbering of former section 1 1005 to secfion 1 1007 filed 9-5-91; operative
10-7-91 (Register 92, No. 3).
[The next page is 528.3.]
Page 528.1
Register 2007, No. 7; 2-16-2007
Title 14 San Francisco Bay Conservation and Development Commission § 11007
Appendix G
Application Form for Amendments to San Francisco Bay
Conservation and Development Commission Plans
Please use this form to apply for an amendment to any of the following San Francisco Bay Conservation
and Development Commission plans (please check the plan subject to the application):
n San Francisco Bay Plan
n Suisun Marsh Protection Plan
□ San Francisco Bay Area Seaport Plan
n San Francisco Waterfront Special Area Plan
n San Francisco Waterfront Total Design Plan
n South Richmond Shorehne Special Area Plan
n Benicia Waterfront Special Area Plan
n Richardson Bay Special Area Plan
D Other Plan, Specify
•
In order that the Commission may consider a proposed amendment to the San Francisco Bay Plan, Suisun
Marsh Protection Plan, San Francisco Bay Area Seaport Plan, San Francisco Waterfront Special Area Plan, San
Francisco Waterfront Total Design Plan, South Richmond Shoreline Special Area Plan, Benicia Waterfront Spe-
cial Area Plan, or Richardson Bay Special Area Plan, or other plan administered by the Commission, this applica-
tion must be completed, executed, and submitted to the Commission. Completion of this form will help assure that
the Commission is provided the necessary information to fully consider and act on a plan amendment or change
request.
Applicant Information □ Individual D Agency D Organization
The Applicant is an (please check:)
Applicant:
Name:
Address:
City, State, Zip:
Telephone: ( )_
Facsimile: ( )
Co-Applicant: (if any):
Name:
Address:
City, State, Zip:
Telephone: { )_
Facsimile: ( )
Page 528.3 Register 95, No. 41; 10-13-95
§ 11007 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Representative's Authorization
If the applicant will be represented by another party in the plan amendment application process, please com-
plete the following:
I hereby authorize to act as my repre-
sentative and bind me in all matters concerning this application.
Signature of Applicant Dale
Printed Name and Title (if applicable) of Applicant
I hereby authorize to act as my repre-
sentative and bind me in all matters concerning this application.
I hereby authorize to act as my repre-
sentative and bind me in all matters concerning this application.
Signature of Co-Applicant Date
Printed Name and Tide (if applicable) of Co-Applicant Date
•
If the applicant is a public agency, attach a resolution from the highest policy board of the public entity autho-
rizing the request to be made and delegating to the person signing this application the authority to represent and
bind the public agency for representations and information submitted as part of this application. For a city that
submits an application, the highest policy board is the city council. For a county that submits an application, the
highest policy board is the county board of supervisors.
Page 528.4 Register 95, No. 41; 10-13-95
•
Title 14 San Francisco Bay Conservation and Development Commission § 11007
Specific Information
On a separate sheet(s) of paper, please provide the information requested befow. If an item is not applicable to
the proposed amendment, mark NA.
1. Property Ownership. List the owner(s) addresses, and Assessor's parcel numbers of all property subject to
the amendment request.
2. Specific Reasons for Requesting the Amendment. State the background and specific reasons forrequesting
the proposed amendment.
3. Text of Proposed Amendment. If the proposed change is to any text or map notes, provide the specific lan-
guage change proposed to the text of the plan or plan map note.
4. Graphic Change in a Plan Map or Plan Diagram. If the proposed amendment involves a graphic change
to a map, diagram, or figure, identify the map, diagram, or figure to be changed and provide a reproducible exhibit
that shows precisely the proposed change.
5. Change in Use of Water-Oriented Priority Use Areas. If a change in use is proposed for any water-oriented
priority use area or the Suisun Marsh water-related industry reserve area, describe how the proposed amendment
is consistent with all applicable local land use plans, policies, ordinances, and regulations.
6. Change in Boundaries of Water-Oriented Priority Use Areas. If a change in the boundaries of any water-
oriented priority use area or the Suisun Marsh water-related industry reserve area is proposed, provide an exact
description of the proposed change in the location of the boundaries and the names and addresses of the owners
of property located within 300 feet of the proposed boundary.
7. Change in a Water-Oriented Recreation Priority Use Area. If any reduction to or elimination of a private-
ly-owned water-oriented Waterfront Park, Beach priority use area is proposed where the area was so designated
because of contemplated public acquisition, provide a written statement from an authorized representative of the
pubhc agency(ies) with park and recreaUon use development and operation jurisdiction over the area that the
agency(ies) do(es) not contemplate acquiring the site for the designated priority use within three years commenc-
ing January 1 of the year following the andcipated action by the Commission on the proposed amendment.
8. Consistency with McAteer-Petris Act. For proposed changes to the San Francisco Bay Plan, San
Francisco Bay Area Seaport Plan, or a Commission special area plan or total design plan, provide a description
of how the proposed amendment is consistent with the findings and declaration of policy of the McAteer-Petris
Act (Government Code Sections 66600 through 66661).
9. Consistency with Suisun Marsh Protection Plan. For proposed changes to the Suisun Marsh Protection
Plan, provide a statement that describes how the proposed amendment is consistent with the findings and declara-
tion of policy contained in the Suisun Marsh Preservation Act of 1977 (Public Resources Code Secfions 29000
through 29612).
10. Effect on Existing Findings, Policies, and Map Designations. Provide a statement describing the effect
of the proposed plan change would have all existing findings, policies, and map designations of the plan proposed
to be amended or changed.
1 1 . Description of Applicable Local Plans, Policies, and Zoning. Identify and briefly describe the local plans,
policies, and zoning applicable to any areas affected by the application with a brief history indicafing what changes
to local plans, policies, and zoning have occurred within three years prior to the date of the application.
Page 528.4(a) Register 95, No. 41; 10-13-95
§ 11007 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Environmental Determination
Provide a statement with supporting reasons why the applicant beheves: (1) that the proposed amendment is
statutorily or categorically exempt from the necessity of determining whether the proposed amendment may have
a significant adverse impact on the environment; (2) that the proposal will not have any significant adverse impact
on the environment; or (3) that the proposed amendment may have one or more substantial adverse impacts on
the environment. If the applicant states that the proposed amendment may have a significant adverse impact on
the environment, fully discuss the impact(s) and its( their) effect(s) on the environment and the mitigating mea-
sures that can be taken to lessen the impact.
Additional Information
Additional information, exhibits, or other material shall be provided to the Commission upon request of the
Commission's Executive Director if he or she determines that such information, exhibits, or other material is rea-
sonably necessary for the Commission to fully understand the proposed plan amendment or change and its im-
pacts.
History 2. Editorial correction of "Environmental Determination" in Appendix G (Regis-
1. New Appendix G filed 9-5-91; operative 10-7-91 (Register 92, No. 3). ter 95, No. 41).
Page 528.4(b) Register 95, No. 41; 10-13-95
Title 14
San Francisco Bay Conservation and Development Commission
§ 11008
§ 1 1 008. Payment of Costs of Processing of an
Amendment to a Commission Planning
Document.
(a) Whenever a person, agency, or organization otiier than the Com-
mission or the Executive Director proposes that the Commission amend
any of its planning documents other than deleting a park priority use des-
ignation from private property based on an alleged lack of substantial
probability that a public entity will be committed to the acquisition of the
property within three years beginning on January 1 of the year following
the Commission's consideration of the proposed amendment, that per-
son, agency, or organization shall be responsible for paying the Commis-
sion's full costs of processing and acting on the application as determined
pursuant to this section, provided that the total amount of payments re-
quired shall not exceed one hundred and twenty percent (120%) of the
estimated total cost as determined by the Commission staff.
(b) At the time of submitting the application required by section
1 1000, any person, agency, or organization required by section J 1 008(a)
to pay for the cost of amending the Commission planning document shall
submit to the Commission a cashier's check in the amount of $5,000 pay-
able to the Commission and shall execute an agreement that obligates the
person, agency, or organization to pay all such Commission costs of pro-
cessing and acting on the application as determined pursuant to this sec-
tion.
(c) The agreement required by Section 1 1008(b) shall include in it an
estimate of the total cost of the Commission's processing and acting on
the application, including the direct costs of all Commission staff time,
a reasonable figure for staff overhead, and all consultant costs. The
amendment applicant shall not be responsible, and the agreement shall
so state explicitly, for the payment of any charges in excess of one
hundred and twenty percent (120%) of the estimated cost contained in the
agreement.
(d) Before the Commission determines to commence processing the
amendment request by adopting and issuing the descriptive notice, the
Commission may at the request of the amendment apphcant modify
downward the estimated total cost of the Commission's processing and
acting on the amendment application. If the Commission modifies the es-
timated cost downward, the agreement between the Commission and the
amendment applicant shall be modified to reflect the modified estimated
cost.
(e) After the Commission commences processing an application to
amend a Commission planning document, the Commission shall submit
on a quarterly basis to the amendment applicant a bill for the actual costs
incurred, including overhead, by the Commission, the Commission's
staff, and the Commission's consultants during the preceding quarter.
(0 The applicant for the plan amendment shall pay the bill received
pursuant to section 1 1008(e) within 30 days of receipt of the bill. Failure
to make full payment on any such bill within 30 days of its receipt shall
allow the Commission and the staff to discontinue work on the applica-
tion until such complete payment has been made.
(g) After either (1) the Commission and its staff completes all work,
including voting, on a pending plan amendment application, (2) the
applicant formally withdraws the pending application, or (3) the appli-
cant abandons the application, the Commission shall apply the $5,000
deposit to the remaining unpaid costs for processing the application. If
any of the $5,000 remains after paying all of the unpaid costs of process-
ing the application, the Commission shall refund the remaining funds to
the applicant. If the unpaid costs of processing the application exceed
$5,000, the Commission shall within 30 days bill the applicant for all of
those costs that exceed the $5,000 deposit.
(h) If the Commission abandons its consideration of an application to
amend a Commission planning document pursuant to section 1 1008(i) or
otherwise fails to act on the application, the person, agency, or organiza-
tion who submitted the amendment application shall remain responsible
for paying all of the costs, including overhead, of processing and acting
on the appHcation that the Commission incurred prior to the abandon-
ment or failure to act.
(i) Abandonment of a plan amendment application shall occur only
when the Executive Director or Commission concludes that no reason-
able probability exists that the amendment apphcant intends to pursue the
application based on all of the circumstances that surround the pending
plan amendment application.
(j) Nonpayment of an overdue bill for prior costs associated with apian
amendment application for a period of three months shall constitute evi-
dence that a plan amendment applicant has abandoned the application
unless the applicant submits written evidence to the contrary and the Ex-
ecutive Director concludes that the applicant does not intend to abandon
the application and that reasonable grounds exist to explain the nonpay-
ment.
(k) A plan amendment applicant may at any time appeal from the
amount of funds stated as due in a bill from the Commission staff by sub-
mitting in writing within 10 days of receipt of the bill a statement of pre-
cisely what the applicant believes is incorrect about the bill, what the
amendment apphcant beUeves the correct bill should be, and all docu-
mentation that the amendment applicant wants to submit to support his
or her contention(s). Thereafter, the Executive Director shall determine
within 1 0 days of receipt of the written appeal whether to grant or to deny
the appeal in whole or in part. If the amendment applicant is still not satis-
fied with the proposed bill after the Executive Director has ruled on the
appeal, the applicant may meet with the Chairman to try to resolve the
dispute and ultimately present his or her claim to the Commission. The
Commission shall be the final arbiter of the fee that the amendment appli-
cant must pay.
NOTE; Authority cited: Section 66632, Government Code; and Section 29201(e),
Public Resources Code. Reference: Section 66652, Government Code; and Sec-
tions 29202 and 29418, Public Resources Code.
History
1. New section filed 12-1-92; operative 12-31-92 (Register 92, No. 49).
[The next page is 528.5.]
Page 528.4(c)
Register 95, No. 41; 10-13-95
Title 14
San Francisco Bay Conservation and Development Commission
§ 11021
Article 2. Other Planning Matters
§ 1 1 020. Other Planning Matters.
To the extent that other planning matters, pursuant to Government
Code Section 66630 and Government Code 66658 require environmen-
tal documentation pursuant to the California Environmental Quality Act,
the procedures outlined in this chapter for plan amendments, including
the preparation of a staff planning report, the holding of a public hearing,
and the preparation and vote on a staff planning recommendation, shall
be followed with the following exceptions:
(a) the staff planning report and the staff planning recommendation
may be combined into one document, entitled "Joint Staff Report and
Recommendation"; and
(b) if the staff prepares a joint report and recommendation, the staff
shall mail the document at least thirty (30) days prior to the public hear-
ing.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66630 and 66638, Govern-
ment Code; and Section 29201(0, Public Resources Code.
History
1 . Renumbering and amendment of former Section 1 1 020 to Section 1 1 320, and
new Section 1 1 020 filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For
prior history, see Register 73, No. 50.
§ 1 1 021 . Power Plant Siting.
The Commission has designated the following areas within its juris-
diction where the siting of thermal power plants that would generate 50
or more megawatts of power, and some or all ancillary facihties, would
be precluded or limited.
(a) Full Designation: the following areas are fully designated as non-
siting areas where neither power plants nor ancillary facilities may be
constructed, except for ancillary facilities that the Commission deter-
mines would have no substantial adverse environmental effects and
would not conflict with priority use areas identified in the San Francisco
Bay Plan.
(1) Existing and proposed public parks;
(2) Existing and proposed public and private wildlife refuges;
(3) Existing and proposed Bay habitat restoration sites;
(4) Wildlife Priority Use Areas;
(5) Waterfront Park or Beach Priority Use Areas, including marinas,
fishing piers and boat launching ramps;
(6) Suisun Marsh Primary Management Area;
(7) Tidal marshes, tidal flats and managed wetlands;
(8) Riparian vegetation;
(9) Habitat of species that are listed by a fish and wildlife management
agency as threatened or endangered; and
(10) Marine mammal haul-out and pupping sites.
(b) Partial Designation: the following categories are partially desig-
nated as non-siting areas where the siting of power plants and ancillary
facilities is Umited, precluded or conditioned.
(1) Category A
(A) Category A includes the following areas designated by the San
Francisco Bay Plan.
(i) Water-related industry priority use areas;
(ii) Port priority use areas; and
(iii) Airport priority use areas.
(B) A power plant and any ancillary facility may be located within a
Category A area when the project would not preclude or adversely affect
the existing or future use of the priority use area for its primary purpose.
(2) Category B
(A) Category B includes the following areas:
(i) The Commission's Bay and certain waterway jurisdiction other
than the areas identified in subsections (a) and (b)(3);
(ii) The Suisun Marsh Secondary Management Area;
(iii) Salt ponds; and
(iv) Existing and proposed public access areas, including the San Fran-
cisco Bay Trail, when alternative access is provided during construction
and the original access is restored thereafter.
(B) The following ancillary facilities may be located within Category
B areas. Other ancillary facilities may be located within Category B areas
when the Commission determines they would have no substantial ad-
verse environmental effects and would not conflict with priority u.se
areas identified in the San Francisco Bay Plan. Power plants may not be
constructed within these areas.
(i) Underground or underwater electric transmission lines;
(ii) Intake or discharge lines and structures for cooling systems;
(iii) Underground or underwater fuel pipelines; and
(iv) Underground or underwater steam pipelines.
(3) Category C
(A) Category C includes the following areas identified by the McA-
teer-Petris Act, the San Francisco Bay Plan and the Suisun Marsh
Protection Plan and not otherwise designated in subsections (a) and
(b)(2).
(i) Subtidal areas;
(ii) Migratory fish routes;
(iii) Spawning areas; and
(iv) Nursery sites for juvenile fish and other aquatic organisms.
(B) The following ancillary facilities may be located within Category
C areas when the project would not adversely affect migratory fish, their
migration routes, and their spawning and nursery sites. Other ancillary
facilities may be located within Category B areas when the Commission
determines that the facihties would not adversely affect migratory fish,
their migration routes and their spawning and nursery sites, would have
no other substantial adverse environmental effects, and would not con-
flict with priority use areas identified in the San Francisco Bay Plan.
Power plants may not be constructed within these areas.
(i) Overhead electric transmission lines;
(ii) Intake or discharge lines for cooling systems that pass completely
through the area;
(iii) Underground or underwater fuel pipehnes; and
(iv) Underground or underwater steam pipehnes.
(c) Definitions. For the purposes of this section, the following defini-
tions apply:
(1) "Proposed parks," "proposed wildlife refuges," "proposed Bay
habitat restoration sites" and "proposed public access areas" mean parks,
wildlife refuges, restoration sites and public access areas for which fund-
ing has been acquired.
(2) "Ancillary facility" means a facility that will be required in order
to generate and transmit power from a power plant. Such facilities in-
clude transmission lines, intake and discharge lines and structures, and
fuel and steam pipelines.
(d) Despite the provisions of subsections (a) and (b), the Commission
may advise the California Energy Commission that it does not object to
a proposed project when either:
(1) Due to the designations in this section there is a lack of areas avail-
able for the siting of a power plant in which case the Commission shall
apply the following order of priorities for identifying the most appropri-
ate sites:
(A) The project would expand facilities within existing power plant
sites;
(B) The project would develop a new site adjacent to an existing power
plant site;
(C) The project would develop a new site in otherwise undesignated
areas; or
(D) The project would develop a new site in partially designated areas
only after a determination that: (i) the Bay site has greater relative merit
than available inland sites; (ii) the proposed development is consistent
with the primary use of the land; (iii) there will be no substantial adverse
environmental effects; (iv) approval by any public agency having owner-
ship or control of the land is obtained; and (v) opportunities consistent
with the first four priorities are not feasible; or
Page 528.5
Register 2003, No. 19; 5-9-2003
§ 11100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) The project would avoid all adverse effects on the resource areas
and would otherwise comply with the Commission's laws and policies.
NOTE; Authority cited: Sections 66632(f) and 66645, Government Code; and Sec-
tion 29201(e), Public Resource Code. Reference: Section 6664.5, Government
Code; the San Francisco Bav Plan: the Suisun Marsh Protection Plan; and Sec-
tions 25507 and 25523, Public Resource Code.
History
1. New section filed 5-5-2003; operative 6-4-2003 (Register 2003, No. 19).
Chapter 11. Special Area Planning
§ 111 00. Definition and Effect of a Special Area Plan.
(a) A "special area plan" is an amendment to the San Francisco Bay
Plan that applies any or all policies of the Bay Plan in greater detail to the
geographic area covered by the special area plan.
(b) A proposed special area plan shall have no force or effect on the
Commission. After the Commission has adopted a special area plan as an
amendment to the Bay Plan, it shall have the full force and effect of the
San Francisco Bay Plan.
(c) Adoption of a special area plan shall not alter the requirement es-
tablished in Government Code Section 66632 that a permit must be se-
cured from the Cominission for any development within its jurisdiction.
(d) A special area plan shall normally be prepared by a "Joint Special
Advisory Committee" which includes member(s) of local government,
member(s) of the Commission, member(s) appointed by local govern-
ment to represent local interests, and member(s) appointed by the Com-
mission to represent regional interests. The size and membership will
vary depending on the geographical area, but its size, composition, au-
thority, chairman, and vice chairman shall be agreed upon by separate
resolution of the Commission and local government prior to commence-
ment of special area planning. No action taken by the joint special adviso-
ry committee is binding on the Commission or local government.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: San
Francisco Bay Plan, P. 39, 41.
History
1. Renumbering and amendment of Section 10820 to Section 11100 filed
5-18-87: operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 80, No. 48.
§ 1 1 1 01 . Special Area Planning Procedures.
(a) The Commission, the Executive Director, a local government, or
any other person may propose that the Commission develop a special
area plan.
(b) After such a proposal has been made, the Executive Director shall
prepare a brief summary and report on the proposal that shall include the
following information:
(1) the boundaries of the area involved;
(2) the issues and concerns to be addressed in the planning process and
the reasons for developing a special area plan;
(3) the estimated cost and personnel needed to complete the study and
the source of the funds needed to pay for it;
(4) an estimate of the amount of time that it would take to complete the
special area planning process;
(5) whether the Executive Director recommends that the Commission
develop a special area plan;
(6) whether the Executive Director recommends that a joint special ad-
visory committee be appointed to assist in preparing the special area plan
and the recommended membership of any such advisory committee; and
(7) any other information the Executive Director deems appropriate.
(c) The Executive Director shall mail the report and, if the Executive
Director recommends that the Commission develop a special area plan,
a draft resolution that complies with Section 1 1 102 to the Commission,
to all interested parties, to all affected local jurisdictions, and to all other
persons who have requested such mailing in writing.
(d) The Executive Director shall schedule a public hearing prior to the
Commission's determination whether or not to develop a special area
plan. The public hearing shall occur no earlier than ten (1 0) days after the
Executive Director mails the report on the proposal to develop a special
area plan.
(e) The Commission shall detennine whether to develop a special area
plan by majority vote at any time after the public hearing. If the Commis-
sion determines that it wants to develop a special area plan, it shall make
that determination by resolution that complies with the requirements of
Section 11102.
NOTE: Authority cited: Section 66632(0, Government Code. Reference: San
Francisco Bay Plan, P. 39, 41.
History
1. Renumbering and amendment of Section 10821 to Section 11101 filed
5-1 8-87; operative 6-17-87 (Reeister 87, No. 30). For prior history, see Regis-
ters 80, No. 48 and 79, No. 29.
§ 1 1 1 02. Contents of a Resolution to Develop a Special
Area Plan.
A Commission resolution to develop a special area plan shall contain
the following information:
(a) the boundaries of the area to be studied;
(b) the reasons for developing a special area plan and the purpose of
the special area plan;
(c) any specific issues that the Commission wants the special area
planning to address;
(d) the procedures to be used to prepare the special area plan, specifi-
cally addressing who will do the work and any special procedures that
will be used to assure participation by any interested or affected persons,
e.g., the holding of a public hearing, the use, membership, and represen-
tation of a joint special advisory committee, etc.;
(e) any conditions that the Commission believes appropriate to the
proposed special area planning; and
(f) any other matter that the Commission deems appropriate to the pro-
posed special area planning.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: San
Francisco Bay Plan, P. 39, 41.
History
1. Renumbering and amendment of Section 10822 to Section 11102 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 11103. Periodic Reports on Special Area Planning.
The Executive Director shall periodically include as part of his or her
report a summary of the progress of any special area planning. The sum-
mary shall specifically identify any issues of substantial concern, any
substantial deviations from the procedures established by the Commis-
sion's resolution authorizing the special area planning, and any changes
that the Executive Director deems necessary to fulfill the purpose of the
special area planning.
(b) The Executive Director shall provide to the Commission a copy of
any report, study, or plan published as a result of the special area planning
and shall make such materials available to the public.
(c) If the Executive Director determines at any time that the special
area planning process is not addressing or resolving the identified issues,
oris not providing sufficient opportunity to all interested persons to make
their views known, or that changed circumstances exist that make further
Commission participation in the special area planning process question-
able, he or she shall so advise the Commission and make any appropriate
recommendation(s). The Commission shall then determine by a majority
vote of those present and voting whether to continue the special area
planning without any changes, to continue the special area planning with
changes, or to terminate the special area planning.
(d) Whenever the Executive Director or the Commission determines
that the special area planning process has reached the point where it is
appropriate to commence the process to amend the Bay Plan, the Com-
mission and the staff will thereafter follow the procedures of Chapter 10
for amending the Bay Plan.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: San
Francisco Bay Plan, P. 39, 41.
Page 528.6
Register 2003, No. 19; 5-9-2003
Title 14 San Francisco Bay Conservation and Development Commission § 11103
History
]. Renumbering and amendment of Section 10823 to Section 11103 filed
5-18-87; operative 6- 17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
[The next page is 529.]
Page 528.7 Register 2003, No. 19; 5-9-2003
Title 14
San Francisco Bay Conservation and Development Commission
§ 11205
Chapter 12. Certification and Amendment
of Suisun Marsh Local Protection Program
Article 1.
Certification of Local Protection
Program
§ 11 200. Local Agency Requirements for Components of
the Local Protection Program.
(a) Each local government and district; required to prepare a compo-
nent of the Suisun Marsh Local Protection Program and the Solano
County Local Agency Formation Commission shall include in their com-
ponents of the Suisun Marsh Local Protection Program an initial environ-
mental assessment of the component.
(b) The initial environmental assessment shall discuss all substantial
adverse environmental impacts associated with the adoption of the com-
ponent, including the growth-inducing impacts and the cumulative im-
pacts. The analysis shall also discuss feasible alternatives and mitigation
measures that the component will require.
(c) Each local government, district, and the Solano County Local
Agency Formation Commission shall circulate their approved initial en-
vironmental assessments to all interested local governments, responsible
agencies, and all interested parties at least thirty (30) days prior to Solano
County's consideration of the component.
(d) When a component is presented to the County for endorsement, the
component shall list the place, date, mailing Hst, and notice(s) published
for all public hearings that have been held. The component shall also in-
clude all written communications received and responses to them.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1200 to Section 1 1600, and
renumbering and amendment of Section 10850 to Section 1 1200 filed 5-18-87;
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 84, No.
28 and 79, No. 29.
§ 1 1 201 . County Endorsement of the Local Protection
Program.
(a) The County may submit components of a local protection program
separately for certification by the Commission.
(b) County endorsement of a local protection program or a component
thereof is advisory to the Commission.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of Section 10851 to Section 11201 filed
5-18-87;operative6-17-87(Register87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 11202. Commission Distribution of an Endorsed Local
Protection Program or Components Thereof.
(a) The County shall furnish to the Commission fifteen (15) copies of
an endorsed local protection program or component thereof, and within
fifteen (15) days of its receipt by the Commission, the Commission shall
distribute a copy of the program or component to the following agencies
for comment for a period of not more than sixty (60) days:
(1) California Department of Fish and Game;
(2) California Department of Health Services;
(3) All local governments in the County;
(4) Regional Water Quality Control Board, San Francisco Bay Re-
gion;
(5) State Lands Commission;
(6) Attorney General's Office (Deputy Assigned to the Commission);
(7) U.S. Army Corps of Engineers, San Francisco District; and
(8) Any other governmental agencies and interested parties who have
requested a copy of the program.
(b) The Commission shall publish once a week for at least two weeks
beginning at least thirty (30) days prior to the public hearing notice of the
availability of the endorsed local protection program or component for
public inspection at the Commission office in a newspaper of general cir-
culation.
(c) With respect to the number of copies that paragraph (a) of this sec-
tion requires the County to submit, the Executive Director may waive any
or all of the requirement if he or she determines that any of the agencies ,
already have a copy of the program or component.
NOTE; Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1 , Renumbering and amendment of former Section 10852 to Section 1 1202 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior histoi-y. see Regis-
ter 79, No. 29.
§ 1 1 203. Contents and Distribution of Staff Summary.
(a) The Executive Director shall prepare a brief summary of a pro-
posed local protection program component or proposed amendment to
the local protection program or a local protection program component.
(b) The summary shall include staff comments, which shall be clearly
distinguished as such, and shall cover the following matters:
(1) whether the proposed component or proposed amendment con-
forms to the provisions of California Public Resources Code Sections
29000 through 29612, the pohcies of the Suisun Marsh Protection Plan,
and the pohcies of the San Francisco Bay Plan, and if the proposed com-
ponent or proposed amendment does not so conform, a specific explana-
tion of how it does not so conform;
(2) a summary of all environmental documentation that the lead
agency has prepared;
(3) what action the sponsor of the proposed component or proposed
amendment has taken; and
(4) a summary of all comments that the staff has received and a brief
response to all comments.
(c) The staff shall mail the staff summary with a copy of the proposed
component or amendment and any environmental document at least six
(6) days prior to the public hearing to all Commissioners and Alternates,
to the sponsor of the proposed component or amendment, to other af-
fected local governments, to all persons who have requested such mailing
in writing, and to the agencies listed in Section 1 1202(a).
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of Section 10854 to Section 11203 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 204. Public Hearing(s).
(a) The Commission shall hold a public hearing on the local protection
program or component or amendment within ninety (90) days of its re-
ceipt from the County.
(b) The Executive Director shall mail notice of the public hearing to
all Commissioners and their Alternates, to each of the governmental
agencies listed in paragraph (a) of Section 1 1202, to all interested agen-
cies, organizations, and individuals, and to any other person who re-
quests such notice in writing.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of Secrion 10853 to Section 11204 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§11205. Staff Recommendation.
(a) The Executive Director may request the sponsor of the proposed
program, component, or amendment to provide any additional informa-
tion or commitment that he or she deems necessary to prepare the recom-
mendation and shall report any failure to comply with such requests to
the Commission.
Page 529
(4-1-90)
§ 11206
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) The Executive Director shall prepare a staff recommendation that
shall contain the following:
(1 ) responses to all comments received either in writing or at the public
hearing;
(2) any necessary revisions to the initial environmental assessment;
(3) a recommendation for Commission action on the certification of
the local protection program, component, or amendment, which can only
be to certify or to refuse to certify, with or without recommendations to
the appropriate local agency and county on what the Commission be-
lieves would be necessary for it to certify the program, component, or
amendment; and
(4) a draft resolution of certification that complies with Section 1 1206
or a draft resolution of refusal to certify that complies with Section
11207.
(c) The Executive Director shall mail the staff recommendation to all
Commissioners and Alternates, to the sponsor of the proposed compo-
nent or amendment, to other affected local governments, to all persons
who have requested such mailing in writing, and to the agencies listed in
Section 1 1 202. The mailing shall occur not less than six (6) days prior to
the date of the scheduled Commission vote.
NOTE; Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of Section 10855 to Section 11205 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 206. Contents of Resolution of Certification.
A resolution that certifies the local protection program, a component
of the local protection program, or an amendment to the local protection
program or component shall include the following:
(a) a statement that the program, component, or amendment conforms
to California Public Resources Code Sections 29000 through 29612, the
Suisun Marsh Protection Plan, and the policies of the San Francisco Bay
Plan;
(b) the text and all necessary diagrams, drawings, exhibits, maps,
charts, and supplementary data of the program, component, or amend-
ment; and
(c) specific findings of fact that support the following legal conclu-
sions:
(1) the program, component, or amendment conforms to the relevant
provisions of California Public Resources Code Sections 29000 through
29612, the Suisun Marsh Protection Plan, and the San Francisco Bay
Plan; and
(2) the program, component, or amendment will either have no signifi-
cant adverse environmental impacts on matters that the Commission
must by law approve or disapprove or has included all feasible alterna-
tives or feasible mitigation measures necessary to offset any significant
adverse environmental impacts that the program, component, or amend-
ment will have on matters that the Commission must by law approve or
disapprove.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 207. Contents of Resolution of Non-Certification.
A resolution that denies the certification of the local protection pro-
gram, a component, or an amendment shall include the following:
(a) a statement of all the ways that the proposed program, component,
or amendment fails to conform to California Public Resources Code Sec-
tions 29000 through 29612, the Suisun Marsh Protection Plan, or the San
Francisco Bay Plan, or fails to include all feasible mitigation measures
or feasible alternatives necessary to offset any significant adverse envi-
ronmental impacts that the program, component, or amendment will
have on matters that the Commission must by law approve or disapprove;
(b) the text and all necessary drawings, exhibits, etc., of the program,
component, or amendment; and
(c) specific findings of fact that support the conclusion that the pro-
gram, component, or amendment fails to conform to California Public
Resources Code Sections 29000 through 29612, the Suisun Marsh Pro-
tection Plan, or the San Francisco Bay Plan, or fails to include all feasible
mitigation measures or feasible alternatives necessary to offset any sig-
nificant adverse environmental impacts that the program, component, or
amendment will have on matters that the Commission must by law ap-
prove or disapprove.
NOTE; Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29400-29424, Public Resources Code.
History
1. New section filed 5-18-7; operative 6-17-87 (Register 87, No. 30).
§ 11 208. Notice of Certification of Local Protection
Program.
The Executive Director shall make every reasonable effort to assure
that all interested persons receive notice of the certified local protection
program, component, or amendment. The Executive Director shall also
file a notice of the adoption of the local protection program, component,
or amendment with the Secretary of the Resources Agency for posting
and inspection as provided in Public Resources Code Section
21080..5(d)(2)(v).
NOTE; Authority cited: Secfion 29201(e), Public Resources Code. Reference:
Sections 21080.5(d)(2)(v) and 29400-29424, Public Resources Code.
History
1. Renumbering and amendment of Section 10857 to Section 11208 filed
5-1 8-87: operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
Article 2. Amendment of the Suisun Marsh
Local Protection Program
§ 11210. Amendment Submittal Requirements.
The Commission may file for review a proposed amendment to the
certified Suisun Marsh local protection program or a component thereof
only if the proposed amendment is submitted pursuant to a resolution of
the entity that proposes the amendment adopted after the entity held at
least one (1) public hearing. The resolution of the proposed amendment
shall contain the following information:
(a) all policies, plans, standards, objectives, diagrams, drawings,
maps, charts, and supplementary data related to the proposed amendment
in detail sufficient to allow review of the proposed amendment for con-
formity with the provisions of Cahfomia Public Resources Code Sec-
tions 29000 through 29612, the policies of the Suisun Marsh Protection
Plan, and the policies of the San Francisco Bay Plan;
(b) a discussion of the proposed amendment's effect on the component
being amended, its relationship to and its effect on the other sections of
the local protection program, and its conformity with California Public
Resources Code Sections 29000 through 29612 and the poHcies of the
San Francisco Bay Plan and the Suisun Marsh Protection Plan.
(c) any environmental documents required pursuant to California Pub-
lic Resources Code Section 21000 through 21177 for all or any portion
of the proposed amendment;
(d) a summary of the measures taken to provide the public and any af-
fected agency with maximum opportunity to participate in the local pro-
tection program or component amendment process, including proof that
the entity proposing the amendment gave written notice of its public
hearing to all other entities whose components would be affected by the
amendment; and
(e) If the proposed amendment would affect any area outside of Suisun
Marsh, a statement that the entity proposing the amendment has held a
public hearing for which it gave at least thirty (30) days prior notice, and
had given the Commission and Solano County at least thirty (30) days
prior notice of the nature and text of the proposed amendment.
NOTE; Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29418 and 29419, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Page 530
(4-1-90)
Title 14
San Francisco Bay Conservation and Development Commission
§ 11301
§11211. Submittal of an Amendment.
(a) Within ten (10) working days of receipt by the Commission of a
proposed amendment to the local protection program or component
thereof, the Executive Director shall determine whether the proposed
amendment meets the submittal requirements of Section 1 1210.
(b) If the Executive Director determines that the proposed amendment
and supporting materials meet the submittal requirements of Section
11210, the Executive Director shall stamp all the materials "Filed
BCDC" and the date of filing and notify the entity that submitted the pro-
posed amendment of its filing.
(c) If the Executive Director determines that the proposed amendment
does not satisfy the requirements of Section 1 1210, the Executive Direc-
tor shall transmit to the entity that proposed the amendment a written ex-
planation of why the proposed amendment and supporting materials do
not comply with Section 1 1210.
(d) The filing of a proposed amendment and supporting materials shall
constitute submittal of the amendment pursuant to California F*ublic Re-
sources Code Section 29410.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29418 and 29419, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1212. Processing Amendments to the Local Protection
Program or Component Thereof.
The Commission shall process a proposed amendment to the Suisun
Marsh local protection program or to any component thereof in accor-
dance with Sections 1 1 202 through 1 1208, except that amendments des-
ignated as minor by the Executive Director under Sections 11213 and
11214 shall be processed only as provided in Section 11214.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Sections 29418 and 24919, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Bureau of Reclamation at least nine (9) working days before the meeting
at which the Commission may comment on the listing.
(c) If two (2) or more members of the Commission object to the Execu-
tive Director's proposed determination that the proposed amendment is
minor, the determination shall not become effective and the Commission
shall process the amendment pursuant to Section 11212.
(d) If less than two (2) members of the Commission object to the Ex-
ecutive Director's proposed determination that the proposed amendment
is minor, the proposed determination shall become effective and the
amendment shall become effective on the tenth (10th) working day fol-
lowing the meeting at which the amendment was listed.
(e) The Executive Director shall give written notice of final action on
the proposed amendment to the entity that proposed the amendment and
to all persons who have requested in writing that they receive such notice.
NOTE: Authority cited: Section 29418(c), Public Resources Code. Reference:
Section 29418(c), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 21 5. Frequency of Amendments.
No local government, district, nor the Solano County Local Agency
Formation Commission shall submit an amendment to the Commission
or the Executive Director for certification more frequently than three (3)
times during any calendar year.
NOTE: Authority cited: Section 29201(e), Public Resources Code. Reference:
Section 29418, Government Code; and Section 65361, Government Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Chapter 13. Enforcement Procedures
Subchapter 1. General Provisions
§ 1 1 21 3. Definition of a Minor Amendment.
A minor amendment to the Suisun Marsh local protection program or
any component thereof is an amendment that is consistent with Califor-
nia Public Resources Code Sections 29000 through 2961 2 and the Suisun
Marsh Protection Plan and that is one or more of the following:
(a) changes in wording, maps, or diagrams of any general, specific, or
area plan, other policy document, zoning ordinance, zoning district map,
regulation, or standard that does not change the designated, allowable, or
permitted use, density, or intensity of land use or sphere of influence or
boundary of any city; or
(b) changes in any certified management plan or policy document of
the Suisun Resource Conservation District or the Solano County Mos-
quito Abatement District that does not change the permitted or allowable
use of any land and does not change any water management program or
practice.
NOTE: Authority cited: Section 29418(c), Public Resources Code. Reference:
Section 29418(c), Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 21 4. Designation of an Amendment as Minor.
(a) If the Executive Director intends to determine that a proposed
amendment is minor, he or she shall notify the Commission of this intent
by summarizing the proposed amendment and stating the intent as part
of the administrative listing of administrative permits and consistency
determinations that Section 10620 requires.
(b) The Executive Director shall send the listing to or shall otherwise
notify in writing the County of Solano, the Cities of Benicia, Fairfield,
and Suisun City, the Solano County Local Agency Formation Commis-
sion, the Solano County Mosquito Abatement District, the Suisun Re-
source Conservation District, the California Department of Fish and
Game, the United States Fish and Wildlife Service, and the United States
§ 1 1 300. Grounds for the Issuance of Cease and Desist
Orders.
Any one of the following actions shall constitute grounds for the is-
suance by the Commission of a cease and desist order: (1) the undertak-
ing or threat to undertake an activity that requires a Commission permit
without having obtained a Commission permit, (2) the violation of a term
or condition of a Commission permit, or (3) the inclusion of inaccurate
information in a permit application or at the public hearing on the permit
application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66638, Government Code;
and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1300 to Section 1 1301, and
new/ Section 1 1300 filed 10-1 1-89; operafive 1 1-10-89 (Register 89, No. 43).
For prior history, see Register 87, No. 30.
§ 11301 . Grounds for Permit Revocation.
Any one of the following actions shall be grounds for the complete or
partial revocation of a Commission permit:
(1) the violation of a term or condition of a permit,
(2) the violation of a Commission cease and desist order or an Execu-
tive Director's cease and desist order, or
(3) the inclusion of inaccurate information in a permit application or
at the public hearing on a permit application.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Secfion 66641(d); Government
Code; Secfion 29601, Public Resources Code; and Sunset Amusement Company
V. Board of Police Commissioners (1972) 7 Cal.3d 64, 80.
History
1. Renumbering and amendment of former Section 11301 to Section 11303, and
renumbering and amendment of former Section 11300 to Section 11301 filed
10-11-89; operafive 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
Page 531
Register 2003, No. 21; 5-23-2003
§ 11302
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 11 302. Grounds for the Imposition of Administrative Civil
Penalties.
Any one of the following actions shall constitute grounds for the impo-
sition of civil penalties by the Commission:
( 1 ) the undertaking of any activity that requires a Commission permit
without having obtained the Commission permit or
(2) the violation of any term or condition of a Commission permit.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66641.5, Government
Code; and Sections 29610-29611, Public Resources Code.
History
1. New section fded 3-18-87; operative 6-17-87 (Register 87, No. 30).
2. Repealer and new section filed 10-11-89; operative 11-10-89 (Register 89,
No. 43).
§ 1 1 303. Referral to the Attorney General by the
Commission or the Executive Director.
(a) A violation of any one of the following shall be grounds for the re-
ferral of the violation by the Commission or the Executive Director to the
Attorney General's Office without the Commission's having issued ei-
ther a cease and desist order or a permit revocation order: (1) the McA-
teer-Petris Act, (2) the Suisun Marsh Preservation Act, (3) the Federal
Coastal Zone Management Act, or (4) a term or condition of a Commis-
sion permit.
(b) In addition, a violation of either a Commission cease and desist or-
der or a Commission permit revocation order shall also be grounds for
the referral of the violation by either the Commission or the Executive
Director to the Attorney General's Office.
(c) A referral made to the Attorney General's Office pursuant to sub-
sections (a) and (b) may include any other unresolved, alleged violation
including those of the type enumerated in Section 11386.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66641(d), Government
Code; and Section 29601, Public Resources Code.
History
1 . Repealer of former Section 1 1303, and renumbering and amendment of former
Section 11301 to Section 11303 filed 10-1 1-89; operative 11-10-89 (Register
89, No. 43). For prior history, see Register 87, No. 30.
2. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003, No. 21).
Subchapter 2. Procedures for the Issuance
of Cease and Desist Orders, Permit
Revocation Orders, and Civil Penalty Orders
Article 1. Definitions
§11310. Definitions.
The following definitions are applicable to this chapter:
(a) "Complaint," as used in subsection (b) of Section 66641.6 of the
Government Code, means the document that initiates the possible impo-
sition of administrative civil penalties by the Commission. A complaint
shall contain the information required by Government Code Section
66641.6(b) and otherwise follow the format for a staff violation report as
set out in Appendix H.
(b) "Enforcement committee," as used in this chapter, means a com-
mittee that the Commission has estabhshed pursuant to Commission res-
olution or by appointment by the Chair without Commission objection
to assist the Commission in carrying out its enforcement responsibilities.
(c) "Enforcement hearing," as used in this chapter, means any public
hearing held before a hearing officer, the enforcement committee, or the
Commission as part of a Commission enforcement proceeding.
(d) "Hearing Officer," means any person appointed by the Commis-
sion to receive evidence, hear arguments, make findings of fact, and rec-
ommend to the Commission what acUon it should take on an enforcement
matter.
(e) "Person," as used in Sections 66637 through 66642 of the Govern-
ment Code and in this chapter, means any individual, firm, association,
organization, partnership, business trust, corporation, company, or gov-
ernmental agency.
(f) "Respondent," as used in this chapter, means a person to whom the
Commission staff has issued a violation report and a statement of defense
form in accordance with Section 1 1321(c).
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66642, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1310 to Section 11710, and
renumbering and amendment of Section 1 lOlOto Section 1 1310 filed 5-1 8-87;
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 86, No.
39 and 73, No. 50.
2. Renumbering of former subsection (a) to subsecfion (e), repealer of former sub-
sections (b) and (c), new subsections (a)-(d), and renumbering of former sub-
section (d) to subsection (f) filed 10-1 1-89; operative 1 1-10-89 (Register 89,
No. 43).
Article 2. Commission Cease and Desist
Orders, Permit Revocation Orders, and Civil
Penalty Orders
§ 11320. Staff Investigation and Discovery.
As part of any enforcement investigation, the Executive Director may
issue subpenas and the staff may send interrogatories, conduct deposi-
tions, and inspect property at any time.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Secrion
29201(e), Public Resources Code. Reference: Secfions 11 180-11 181, 66637,
66638 and 66643, Government Code; and Section 29601 , Public Resources Code.
History
1 . Repealer of former Section 1 1 320, and renumbering and amendment of former
Section 1 1331 to Section 1 1320 filed 10-1 1-89; operafive 1 1-10-89 (Register
89, No. 43). For prior history, see Register 87, No. 30.
§ 11321. Commencing Commission Enforcement
Proceedings.
(a) If the Executive Director believes that the results of an enforcement
investigafion so warrant, the Executive Director shall commence Com-
mission enforcement proceedings by issuing at least 45 days prior to
holding an enforcement hearing on the matter the following materials to
the last known address of each party that the Executive Director believes
may be legally responsible in some manner for the alleged violation:
(1) a violation report that complies with the format set out in Appen-
dix H,
(2) a complaint for civil penalties that complies with the format set out
in Appendix H if the staff seeks civil penaldes, and
(3) a statement of defense form that complies with the format set out
in Appendix I. The violation report and complaint for civil penalties can
be combined into a single document so long as it contains all the informa-
tion required for both.
(b) The violation report shall refer to all documents on which the staff
relies to provide a prima facie case and give notice that the documents
may be inspected at the Commission's office and that copies will be pro-
vided with five days prior notice and upon payment of the cost of copy-
ing.
(c) Issuance of a violation report shall occur when the violation report
is mailed by certified mail to all persons or entities named as a respondent
in the violation report. Issuance of a complaint for civil penalties shall oc-
cur when the complaint for civil penalties is mailed by certified mail to
all persons or entities name as a respondent in the complaint.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Gov-
ernment Code; and Secfions 29610-2961 1, Public Resources Code.
History
1. Renumbering and amendment of former Section 11330 to Section 11321 and
Secfion 1 1322 filed 10-1 1-89; operafive 1 1-10-89 (Register 89, No. 43). For
prior history, see Register 87, No. 30.
Page 532
Register 2003, No. 21; 5-23-2003
Title 14
San Francisco Bay Conservation and Development Commission
§ 11326
§ 11 322. Respondent's Required Response to the
Violation Report.
(a) Within thirty-five (35) days of the issuance of the violation report
and the statement of defense form, each respondent shall submit to the
Commission as its office an original and five copies of the completed
statement of defense form and an original (or verified copy) and five co-
pies of all documents that the respondent wants to be made part of the re-
cord of the enforcement proceeding, including any declarations under
penalty of perjury and any documentary evidence such as letters, photo-
graphs, and similar matters. Once submitted, all such declarations and
documents shall be permanently retained by the Commission as part of
the enforcement record.
(b) If a respondent believes that cross-examination of a person relied
on by staff in its violation report is needed to show or contest a fact al-
leged in the violation report, the respondent shall request such cross-ex-
amination in the statement of defense form. The addendum shall list the
name of each person the respondent wants to cross examine, all docu-
ments about which the respondent wants to cross examine, a description
of the area of knowledge about which the respondent wants to cross-ex-
amine the person, including a specific reference to the fact or information
respondent disputes, the information that respondent believes can be
elicited by cross-examination, and the reasons the respondent believes
that the information can best be provided by cross-examination rather
than by the submittal of declarations or other written evidence.
(c) Within 35 days of the issuance of a complaint for civil penalties and
a statement of defense form, each respondent shall submit to the Com-
mission at its office either (1) a certified cashier's check in the amount
of the proposed civil penalty or (2) the completed statement of defense
form and all documents that the respondent wants to be made part of the
record of the enforcement proceeding, including any declarations under
penalty of perjury and any documentary evidence such as letters, photo-
graphs, and similar matters, and any request to allow cross-examination.
(d) If the staff wants to cross-examine, the staff shall, within seven
days of receiving a statement of defense form, mail to all respondents a
list of all persons that the staff wants to cross examine, the area or areas
of knowledge about which the staff wants to cross-examine the witness,
and the information that the staff hopes to elicit in cross-examination.
(e) If the Executive Director sends a violation report and a complaint
for civil penalties together, paying the civil penalties will not release the
respondent from the possible issuance of a cease and desist order or per-
mit revocation order.
(f) The Executive Director may at his or her discretion extend the
35-day time limit imposed by paragraphs (a) and (c) of this section upon
receipt within the 35-day time limit of a written request for such exten-
sion and a written demonstration of good cause. The extension shall be
valid only to those specific items or matters that the Executive Director
identifies to the requesting party as being exempt from the 35-day filing
requirement and shall be valid only for such additional time as the Execu-
tive Director allows.
(g) If a respondent responds to a complaint for the imposition of ad-
ministrative civil penalties by submitting a cashier's check in the appro-
priate amount to the Executive Director in a timely fashion, the Executi ve
Director shall cash the check and Hst the violation, the amount of the pro-
posed penalty, and the fact that the respondent has agreed to pay the pen-
alty as part of the administrative permit listing within 30 days of receipt
of the check.
(h) At the next Commission meeting after receiving the listing, the
Commission can object to the amount of a proposed administrative civil
penalty that a respondent has paid by voting by a majority of those pres-
ent and voting. If the Commission so objects, the Executive Director shall
return the respondent's money and the respondent shall file his or her
completed statement of defense form and supporting documents within
35 days of the Commission's action. Thereafter, the enforcement matter
shall proceed according to these regulations.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e). Public Resources Code. Reference: Sections 66638 and 66641 .6, Gov-
ernment Code; and Section 29610-2961 1, Public Resources Code.
History
1. Renumbering and amendment of former Section 11330(d) to Section 11322
filed ] 0-1 1-89; operative 1 1 -1 0-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 11323. Distribution of Notice of Enforcement Hearings.
(a) At least ten (10) days prior to the initial enforcement hearing on a
proposed Commission cease and desist order, a proposed perinit revoca-
tion order, or a proposed Commission civil penalty order, whether held
before the enforcement committee, the Commission, or a hearing officer,
the Executive Director shall mail by regular mail a written notice of the
date, time, and place of the initial enforcement hearing to all respondents
at their last known address and to all members of the public who have re-
quested in writing that they receive such notice, provided that no notice
need be mailed to the respondent if the respondent has already received
notice of the hearing in a cease and desist order issued by the Executive
Director. A meeting notice mailed pursuant to California Government
Code Section 1 1 125 will meet this notice requirement.
(b) After the initial enforcement hearing, notice of further enforcement
hearings may be given by either announcing the date, time, and place of
the further meeting on the record at the close of the preceding enforce-
ment hearing or by mailing written notice of the date, time, and place of
the further meeting to all respondents at least 10 days prior to the further
enforcement hearing.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638, 66641.5, and
66641.6, Government Code; and Section 29601, Public Resources Code.
History
1 . Renumbering and amendment of Former Section 1 1337 to Section 1 1 323 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 324. Distribution of tlie Violation Report, Statement of
Defense Form(s), and Recommended
Enforcement Decision.
At least ten (10) days prior to the enforcement hearing, the Executive
Director shall mail by regular mail the following materials to each re-
spondent, and to the committee members if the enforcement hearing will
be held before the enforcement committee, to the hearing officer if the
enforcement hearing will be held before a hearing officer, or to the Com-
mission if the enforcement hearing will be held before the Commission:
(1) the violation report, (2) each completed statement of defense form
and the enclosed exhibits, with a notation that indicates if any of the state-
ments have been filed in an untimely fashion, and (3) a recommended en-
forcement decision that comphes with Section 11326.
NOTE: Authority cited: Section 66632(f). Government Code, and Section
29201(e), Public Resources Code. Reference: Sections 66637-66638 and
66641.6, Government Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1336 to Section 1 1324 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 325. Ex Parte Contacts.
NOTE: Authority cited: section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66638 and
66641.6, Government Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1333 to Section 1 1325 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
2. Repealer filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 1 1 326. Contents of an Executive Director's
Recommended Enforcement Decision.
(a) The Executive Director shall prepare a recommended enforcement
decision on a proposed Commission cease and desist order, a proposed
permit revocation order, or a proposed civil penalty order.
Page 533
Register 2004, No. 53; 12-31-2004
§ 11327
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) The Executive Director's recommended enforcement decision
shall be in writing and shall include:
(1 ) a brief summary of (A) any background to the alleged violation, (B)
the essentia! allegations made by staff in its violation report (C) a list of
all essential allegations either admitted or not contested by respon-
dent(s), (D) all defenses and mitigating factors raised by the respon-
dent(s), and (E) any rebuttal evidence raised by the staff to matters raised
in the statement of defense form with references to supporting docu-
ments;
(2) a summary and analysis of all unresolved issues;
(3) a statement of whether the Executive Director has issued a cease
and desist order and its expiration dale; and
(4) a recommendation on what action the Commission should take;
and
(5) the proposed text of any cease and desist order, permit revocation
order, or civil penalty order that the Executive Director recommends that
the Commission issue.
NOTE: Authority cited; Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638, 66642 and
66641 .6, Government Code; and Section 29601, Public Resources Code.
History
1 . Renumbering and amendment of former Section 1 1 335 to Section 1 1 326 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 11327. Enforcement Hearing Procedure.
Enforcement hearings shall proceed in the following manner:
(a) the Chair shall announce the matter, ask all respondents or their at-
torneys present to identify themselves for the record, indicate what mat-
ters are already part of the record, and announce any imposition of time
limits for presentations to be made by the staff, the respondent(s), and the
public at the hearing;
(b) the Chair may impose time limits based on the circumstances of the
alleged violation(s), the number of other items contained on the meeting
agenda, the number of persons who intend to speak, and such other fac-
tors as the Chair believes relevant;
(c) the staff shall summarize the violation report and recommended en-
forcement decision with particular attention to limiting its presentation
to issues of controversy;
(d) each respondent shall summarize its position(s) on the matter(s)
relevant to the alleged violation or proposed order with particular atten-
tion to those issue(s) where an actual controversy exists between the staff
and the reported party(s);
(e) other speakers may speak concerning the matter;
(f) presentations made by the staff, a respondent, and other speakers
shall be limited to responding to (1) evidence already made part of the
enforcement record and (2) the policy implications of such evidence; the
committee and the Commission shall not allow oral testimony unless the
committee and Commission believes that such testimony is essential to
resolve any factual issues that remain unresolved after reviewing the ex-
isting written record and whose resolution is essential to determining
whether a violation has occurred or to determining what remedy is appro-
priate. If the committee or Commission allows oral testimony, such testi-
mony shall be taken under oath, and all representatives of the staff and
all respondents shall be given a right to cross-examine all witnesses who
are allowed to testify and a right to have rebuttal witnesses similarly testi-
fy;
(g) cross-examination of any witness whose declaration under penalty
of perjury has become part of the enforcement record shall be permitted
only if the party who wishes to cross-examine has identified in writing
pursuant either to Section 1 1 322(a) or Section 1 1 322(c) the person to be
cross-examined, the area or areas of information into which the cross-
examination will delve, and the information sought to be uncovered.
(h) Committee members, a hearing officer, and Commissioners may
ask questions at any time during the hearing or deliberations.
(i) the enforcement committee, hearing officer, or Commission shall
close the pubhc hearing after the staff, all respondents, and the public
have completed their presentations and committee members, the hearing
officer, or Commissioners have completed their questioning;
(j) the enforcement committee or Commission shall deliberate and
vote on an enforcement matter; and
(k) if a hearing officer has been appointed for an enforcement matter,
the hearing officer shall render a written decision that follows the format
of an Executive Director's recommended enforcement decision within
14 days of the closing of the enforcement hearing.
NOTE: Authority cited: section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66638 and
66641.6, Government Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1328 to Section 1 1327 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 11328. Acceptance of Late Evidence.
The introduction of surprise testimony and exhibits at enforcement
hearings shall be discouraged. All documents and declarations under
penalty of perjury shall be submitted with the completed statement of de-
fense form except to the extent the Executive Director has extended the
time for such submittal pursuant to Section 1 1322(d) or the Commission
admits the evidence into the record pursuant to Section 11 327(f) and this
section. To this end, the Commission, any hearing officer, and the en-
forcement committee shall not accept into the record or consider any
statement of defense form or any written evidence not filed in a timely
manner unless the Commission, hearing officer, or enforcement commit-
tee finds that (1) the person seeking to introduce the evidence made all
reasonable efforts to obtain and submit the evidence in a timely manner
and would be substantially harmed if the evidence were not admitted and
(2) no other party would suffer substantial prejudice by its admission.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66638 and 66641.6, Gov-
ernment Code; and SecUon 29601, Public Resources Code.
History
1. New section filed 10-11-89; operafive 1 1-10-89 (Register 89, No. 43).
§ 1 1 329. Admissibility of Evidence.
(a) Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statuto-
ry rule that might make improper the admission of such evidence over
objection in civil actions.
(b) Hearsay evidence may be used for the purpose of supplementing
or explaining other evidence but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in a civil action or
unless it is in the form of a declaration under penalty of perjury or in the
form of another document referred to in a violation report or complaint
for the imposition of civil penalties and the declarant or author of the oth-
er document is subject to cross-examination as provided in Sections
11321, 11322, and 11327.
(c) The rules of privilege shall be effective to the extent that they are
otherwise required by statute to be recognized at the hearing, and irrele-
vant or unduly repetitious evidence shall be excluded.
Page 534
Register 2004, No. 53; 12-31-2004
Title 14
San Francisco Bay Conservation and Development Commission
§ 11335
(d) The Chair, the enforcement committee chair, or the hearing officer
if one has been appointed shall have the final authority to determine
whether any evidence whose admissibility is challenged by objection
shall be admitted into evidence and become part of the record.
(e) In determining whether to admit testimony or exhibits into the re-
cord over objection, the Chair, the enforcement committee chair, or the
hearing officer if one has been appointed shall consult with the Deputy
Attorney General in attendance at the hearing.
NOTE: Authority cited: section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638, 66641.5 and
66641.6, Government Code; and Section 29601, Public Resources Code.
History
1 . Renumbering and amendment of former section 1 1339 to section 1 1329 filed
10-1 1-89; operative 1 1-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
2. Amendment of portions of subsection (a) to create new subsections (b) and (c)
and relettering of former subsections (b) and (c) filed 9-3-92; operative
10-5-92 (Register 92, No. 36).
§ 1 1 330. Adoption of an Enforcement Committee or a
Hearing Officer Recommended Enforcement
Decision.
After the enforcement committee or a hearing officer has closed the
enforcement hearing and completed its deliberations, it shall adopt a rec-
ommended enforcement decision, which shall include all of the follow-
ing:
(a) all of the matters required by Section 1 1326; and
(b) any further written report on or explanation of the enforcement pro-
ceedings as the enforcement committee or hearing officer believes is ap-
propriate.
The enforcement committee or a hearing officer can adopt with or
without change the staff recommended enforcement decision.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-6664 1 .6, Government Code; and Section 29601 , Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1330 to Section 11321 and
11322, and new Section 11330 filed 10-11-89; operative 11-10-89 (Register
89, No. 43). For prior history, see Register 87, No. 30.
§ 1 1 331 . Referral of the Recommended Enforcement
Decision to the Commission.
At least ten (10) days prior to the Commission' s consideration of a rec-
ommended enforcement decision referred to it either directly by the Ex-
ecutive Director, by the enforcement committee, or by a hearing officer,
the staff shall mail the recommended enforcement decision to all respon-
dents and to all Commissioners.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641 .6, Government Code; and Section 29601 , Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1331 to Section 11320, and
new Section 1 1331 filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
For prior history, see Register 87, No. 30.
§ 11332. Commission Action on Recommended
Enforcement Decision.
(a) When the Commission acts on a recommended enforcement deci-
sion, the Commission shall allow representatives of the staff, each re-
spondent, and members of the public an opportunity to present their re-
spective arguments on the recommendation, subject to such reasonable
time limits as the Chair may impose and subject to a prohibition against
the introduction of any new evidence unless the Commission proceeds
either to remand the matter to the enforcement committee or hearing offi-
cer or hold a de novo evidentiary hearing.
(b) Thereafter, the Commission shall do one of the following:
(1) adopt the recommended enforcement decision without any change
in any proposed cease and desist order, permit revocation order, or civil
penalty order;
(2) either (A) dismiss the entire matter by voting not to issue any pro-
posed cease and desist order, proposed permit revocation order, or pro-
posed civil penalty order or (B) adopt the recominended enforcement de-
cision with regard to one or inore of a proposed cease and desist order,
a proposed permit revocation order, and a proposed civil penalty order
and dismiss the other proposed order(s) recommended in the recom-
mended enforcement decision by voting not to issue them;
(3) remand the matter to the enforcement committee, hearing officer,
or the staff for further action as the Commission directs; or
(4) reject the recommended enforcement decision and decide to con-
sider the entire matter de novo. In this event, the Commission shall con-
tinue the pubUc hearing to the next available Commission meeting, when
it shall proceed in accordance with the same procedural requirements as
the CoiTimission must follow under these regulations pursuant to Section
1 1327. As part of this de novo proceeding, the Commission can accept
additional evidence only in compHance with Section 11327 or if the
Commission provides the staff, all respondents, and the public a reason-
able opportunity to review and respond to the additional evidence prior
to the Commission's de novo review.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
6664 1 .5-66641 .6, Government Code; and Section 2960 1 , Public Resources Code.
History
1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30).
2. Repealer and new section filed 10-11-89; operafive 11-10-89 (Register 89,
No. 43).
§ 11333. Commission Hearing Procedures on Direct
Referral of an Enforcement Matter by the
Executive Director.
When the Executive Director refers an enforcement matter directly to
the Commission rather than to the enforcement committee, the Commis-
sion shall follow the procedures set out in Sections 1 1327 through 11329
and in Section 1 1334.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641 .6, Government Code; and Section 29601, Public Resources Code.
History
1 . Renumbering and amendment of former Section 1 1333 to Section 1 1325, and
new Secfion 1 1333 filed 10-1 1-89; operative 1 1-10-89 (Register 89, No. 30).
For prior history, see Register 87, No. 30.
§ 1 1 334. Voting on a Proposed Commission Cease and
Desist Order, a Proposed Commission Permit
Revocation Order, or a Proposed Commission
Civil Penalty Order.
(a) The Commission shall vote on a recommended enforcement deci-
sion, a proposed Commission cease and desist order, a proposed permit
revocation order, or a proposed civil penalty order by roll call in alphabet-
ical order except that the Chair shall vote last;
(b) Any member may change his or her vote at any time before the
Chair announces the final tally; and
(c) The decision of whether or not to issue an order shall be by majority
vote of those present and voting.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641.5-66641 .6, Government Code; and Secfion 29601, Public Resources Code.
History
1 . Repealer of former Section 1 1 334, and renumbering and amendment of former
Secfion 11341 to Secfion 1 1334 filed 10-1 1-89; operafive 1 1-10-89 (Register
89, No. 43). For prior history, see Register 87, No. 30.
§ 1 1 335. Staff Report and Recommendation.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfions 66637-66642, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 1 1335 to Section 1 1326 filed
10-11-89; operafive 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
Page 535
Register 2003, No. 21; 5-23-2003
§ 11336
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 1336. Distribution of Staff Report and
Recommendation.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201 (e), Public Resources Code. Reference: Sections 66637-66642, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 11336 to Section 1 1324 filed
10-1 1-89; operativel 1 -1 0-89 (Register 89, No. 43). For prior history, see Reg-
ister 87, No. 30.
§ 1 1 337. Notice of Public Hearing.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66642, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 11337 to Section 1 1323 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 11338. Public Hearing Procedure.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66642, Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1338 to Section 1 1327 filed
10-11-89; operafive 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 339. Admissibility of Evidence.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfions 11513 and 66637-66642,
Government Code; and Secfion 29601, Public Resources Code.
History
1. Renumbering and amendment of former Section 1 1339 to Section 1 1329 filed
10-11-89; operative 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 340. Contents of Cease and Desist Orders.
(a) Cease and desist orders shall be signed by the Executive Director
and shall contain the following:
(1) a statement of whether the Executive Director is issuing the order
pursuant to Section 66637 of the GoveiTiment Code or the Commission
is issuing the order pursuant to Section 66638 of the Government Code;
(2) the names of the person or persons who have undertaken or who
are threatening to undertake the activity that is the subject of the order;
(3) identification of the property where the activity has been undertak-
en or may be undertaken;
(4) a description of the activity;
(5) the effective date of the order;
(6) the expiration date, if any, of the order;
(7) any terms, conditions, or other provisions necessary to bring the
activity into compliance with the provisions of the McAteer-Petris Act,
the Suisun Marsh Preservation Act, or a permit;
(8) written findings that (1) explain the decision to issue the order and
(2) provide the factual and legal basis for the issuance of the order;
(9) in the case of an order issued by the Executive Director, notice of
the date and place of any public hearing to be held on any cease and desist
order proposed to be issued by the Commission relating to the same activ-
ity if the Executive Director has scheduled one;
(10) notice that a respondent may file with the superior court a petition
for writ of mandate for review of the order pursuant to Section 1094.5 of
the Code of Civil Procedure within thirty (30) days after service of a copy
of the order; and
(11) such other provisions that the Commission has approved, includ-
ing provisions relating to:
(A) a disclaimer of any effect of the order upon any duties, rights, or
obligations under private agreements or under regulations of other public
bodies;
(B) the obligation to conform strictly to the order and the conse-
quences of the failure to do so; and
(C) the fact that the order does not constitute a recognition of property
rights.
(b) A cease and desist order can be combined with a permit revocation
order or a civil penalty order so long as the combined order contains all
the information required under these regulations for both such orders.
NotE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641 .6, Government Code; and Section 29601, Public Resources Code.
History
1. Repealer of former Section 1 1 340, and renumbering and amendment of former
Section 1 1343 to Section 11340 filed 10-1 1-89; operative 1 1-10-89 (Register
89, No. 43). For prior history, see Register 87, No. 30.
§ 1 1 341 . Modifications of Cease and Desist Orders Issued
by the Executive Director.
The Executive Director may modify a cease and desist order that he
or she has issued, but he or she shall not do so in a manner that extends
the 90-day expiration period provided for in Section 66637 of the Gov-
ernment Code unless a respondent stipulates in writing to the extension.
The Executive Director may, however, issue consecutive cease and de-
sist orders for a persisting violation or a persisting threatened violation.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641 .6, Government Code; and Section 29601, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 11341 to Secfion 1 1334, and
renumbering and amendmentofformer Secfion 1 1344(a) to Section 11341 filed
10-11-89; operafive 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 11342. Modification of Cease and Desist Orders Issued
by the Commission.
The Executive Director may modify a cease and desist order issued by
the Commission if the modification would not be a material alteration of
the order.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641 .6, Government Code; and Secfion 29601, Public Resources Code.
History
1. Renumbering and amendment of former Secfion 11342 to Secfion 11370, and
renumbering and amendment of former Section 1 1 344(b) to Section 1 1 342 filed
10-11-89; operafive 11-10-89 (Register 89. No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 343. Appeal from the Modification of a Commission
Cease and Desist Order.
(a) A person who has been personally served with a Commission cease
and desist order or to whom the Commission has mailed by certified mail
a cease and desist order and to whom the order is directed may appeal to
the Commission any modification of the order by the Executive Director.
(b) If the appeal is complete and filed within ten days of the personal
service or mailing by cerdfied mail of the modification to the order, the
appeal shall stay the effect of the modification, but the previously effec-
tive order shall remain in effect.
(c) Appeals to modifications of a cease and desist order by the Execu-
tive Director cannot be filed more than ten days after the personal service
or mailing by certified mail of the modification.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66638 and
66641 .5-66641.6, Government Code; and Secfion 29601 , Public Resources Code.
History
1. Renumbering and amendment of former Secfion 11343 to Secfion 11340, and
renumbering and amendment of former Secfion 11 344(c) to Secfion 11 343 filed
10-11-89; operafive 11-10-89 (Register 89, No. 43). For prior history, see
Register 87, No. 30.
§ 1 1 344. Amendments to Cease and Desist Orders.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfions 66637-66642, Govern-
ment Code; Secfion 29601, Public Resources Code; and Bel Mar Estates v. Cali-
fornia Coastal Commission (1981) Cal. App. 3d 936, 940.
History
1. Renumbering and amendment of former Secfion 11344 to Secfions 11341,
11342, and 11343 filed 10-11-89; operafive 11-10-89 (Register 89, No. 43).
For prior history, see Register 87, No. 30.
Page 536
Register 2003, No. 21; 5-23-2003
Title 14
San Francisco Bay Conservation and Development Commission
§ 11370
§ 11350. Contents of Permit Revocation Orders.
(a) Commission permit revocation orders shall be signed by the Ex-
ecutive Director and shall contain the following:
( 1 ) the names of the person or persons who have violated a term or con-
dition of a Commission permit or a Commission cease and desist order
or who have misstated any information on a permit application or at a
public hearing;
(2) an identification of the term or condition of a permit or a cease and
desist order that was violated, the information that was misstated on the
permit application;
(3) the effective date of the order;
(4) the work and uses that are no longer authorized and the date by
which any corrective actions or termination of uses must occur;
(5) any terms, conditions, or other provisions that the Commission
may determine that, if complied with, could avoid revocation of the per-
mit;
(6) written findings that (A) explain the decision to issue the permit re-
vocation order and (B) provide the factual and legal basis for the issuance
of the order;
(7) notice that an aggrieved party can file with the superior court a peti-
tion for a writ of mandate for review of the order pursuant to Section
1094.5 of the Code of Civil Procedure.
(b) A permit revocation order can be combined with a cease and desist
order and a civil penalty order so long as the combined order contains all
the information required by these regulations for both types of orders.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201 (e). Public Resources Code. Reference: Sections 66638 and 66641 , Govern-
ment Code; and Section 29601, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§ 1 1 351 . Modification of Permit Revocation Orders.
The Executive Director may modify a permit revocation order if the
modification would not materially change the order.
Note: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66641(d), Government
Code; and Section 29600, Public Resources Code.
History
1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§ 11352. Appeal from Modification of a Permit Revocation
Order.
(a) A person to whom the Commission has issued a permit revocation
order may appeal to the Commission any modification of the order by the
Executive Director by filing within ten (10) days of the date of the person-
al service or mailing by certified mail of the modification a written state-
ment that the party is appealing the modification and the reasons for the
appeal.
(b) If the appeal is complete and filed within ten days of the personal
service or mailing by certified mail of the modification to the order, the
appeal shall stay the effect of the modification, but the previously effec-
tive order shall remain in effect.
(c) Appeals to modifications of a permit revocation order by the Ex-
ecutive Director cannot be filed more than ten days after the personal ser-
vice or mailing by certified mail of the modification.
Note: Authority cited: section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66641(d), Government
Code; and Section 29600, Public Resources Code.
History
1. New section filed 10-1 1-89; operative 1 1-10-89 (Register 89, No. 43).
§ 1 1 360. Preparation and Execution of Commission Cease
and Desist Orders and Permit Revocation
Orders.
The Executive Director shall prepare and sign a cease and desist order
or a permit revocation order authorized by the Commission no later than
the fifth (5th) working day following approval.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66642, Govern-
ment Code; and Section 29601 , Public Resources Code.
History
1. Renumbering and amendment of Section 11051 to Section 11360 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 73, No. 50.
§11361. Issuance.
"Issuance" of a cease and desist order, a permit revocation order, a civ-
il penalty order, or of any modification of such orders, is complete when
the Executive Director executes the original copies of the order or modi-
fication and they are stamped "Issued BCDC" with the date.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66637-66638 and
66641.6, Government Code; and Sections 29600 and 29601, Public Resources
Code.
History
1. Renumbering and amendment of Section 11050 to Section 11361 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 73, No. 50.
2. Amendment filed 10-1 1-89; operative 11-10-89 (Register 89, No. 43).
§ 1 1 362. Service of Copies.
(a) Persons to Whom the Order or Modification is Issued. The Execu-
tive Director shall cause to be personally served or mailed by certified
mail an original copy of a cease and desist order, a permit revocation or-
der, and of any modifications to each person to whom the order is being
issued no later than the second working day following the date of is-
suance. The Executive Director shall cause to be personally served or
mail by registered mail a civil penalty order or modification to such order
to each person to whom the order is being issued no later than the second
working day following the date of issuance.
(b) Other Interested Persons. The Executive Director shall personally
serve on or shall mail by regular mail a copy of a cease and desist order
or a permit revocation order authorized by the Commission and of any
modification to each person who appeared at the hearing and submitted
a written request for a copy as soon as possible after the Commission au-
thorized the order or modification. (For civil penalty orders, see subdivi-
sion(d) of Government Code Section 66641.6.)
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Secfions 66637-66638 and
66641.6, Government Code; and Sections 29600 and 29601, Public Resources
Code.
History
1. Renumbering and amendment of Section 11052 to Section 11362 filed
5-1 8-87; operafive 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 73, No. 50.
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§11370. Enforcement Record.
The record of an enforcement proceeding shall consist of
(a) the violation report, including all documents referred to in the re-
port;
(b) any complaint for civil penalties;
(c) all timely filed statement of defense form(s);
(d) all untimely filed statement of defense forms that have nevertheless
been admitted into evidence;
(e) the staff recommended enforcement decision, including all docu-
ments referred to in the recommendation,
(f) minutes of all enforcement committee and Commission enforce-
ment hearings and deliberations, provided, that if eyewitness or expert
testimony is allowed at the enforcement hearing, a verbatim transcript of
such testimony shall also be included;
(g) all evidence submitted but rejected because it was not filed in a
timely manner or violated Section 1 1328, with a notation that it was re-
jected and is included in the record only so that a reviewing court will
know what evidence was rejected;
(h) any enforcement committee's or hearing officer's recommended
enforcement decision,
(i) any order that the Commission issues.
Page 537
Register 2003, No. 21; 5-23-2003
§ 11380
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(j) all other materials maintained in the Commission's file for the en-
forcement matter,
(k) such other permit or other Commission files as have explicitly been
made a part of the record,
(/) the McAteer-Petris Act,
(m) the San Francisco Bay Plan,
(n) the Suisun Marsh Preservation Act,
(0) the Suisun Marsh Protection Plan,
(p) the Suisun Marsh Local Protection Program, and
(q) the Commission's regulations.
NOTE: Aulhority cited: Section 66632(f), Government Code; and Section
29210(e), Public Resources Code. Reference: Sections 66639-66640 and
66641.7, Government Code; and Sections 29600 and 29601, Public Resources
Code.
History
1 . Renumbering and amendment of former Section 1 1 342 to Section 1 1 370 filed
10-11-89; operative 11-10-89 (Register 89, No. 43).
§ 11 380. Contents of Complaint for Administrative
Imposition of Civil Penalties.
The complaint shall follow the same format as required for a Violation
Report in Appendix H to these regulations.
NOTE: Aulhority cited: Section 66632(f), Government Code. Reference: Section
66641.6, Government Code.
History
1. New section filed 10-1 1-89; operative 11-10-89 (Register 89, No. 43).
§ 1 1 381 . Commission Hearing on Complaint for
Administrative Imposition of Civil Penalties.
(a) The Commission shall comply with the requirements of Cal. Govt.
Code Section 66641.6(b) by either (1) hearing the matter itself within 60
days of the service of the complaint or (2) by having the enforcement
committee hold a hearing within 60 days of the service of the complaint.
(b) The Executive Director shall determine whether to refer a com-
plaint for the administrative imposition of civil penalties to the Commis-
sion or to the enforcement committee.
(c) When the Executive Director determines whether to refer a com-
plaint for civil penalties to the Commission or to the enforcement com-
mittee, he or she shall consider the following factors:
(1) the time that it would take the Commission or enforcement com-
mittee to complete consideration of the complaint,
(2) the relative workloads of the Commission and the enforcement
committee at the time,
(3) whether the complaint involves any policy issues that should be de-
termined by the Commission initially,
(4) whether the Commission or the enforcement committee has al-
ready heard any enforcement matter that is related to the complaint, and
(5) any request by the Commission that it hear the matter directly.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Section
66641.6, Government Code.
History
1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§ 1 1382. Further Procedures for Commission Review of
Complaints for the Issuance of Civil Penalty
Orders.
The Commission shall follow the procedures established by Sections
11310 and 11321 through 11334 and Sections 11361 through 11370 of
these regulations when it considers recommended enforcement decisions
from either the staff or the enforcement committee or a hearing officer
relative to the possible administrative imposition of civil penalties.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66641 .6 and 66641 .9, Government Code.
History
1. New secdon filed 10-1 1-89; operative 11-10-89 (Register 89, No. 43).
§ 1 1 383. Contents of a Commission Civil Penalty Order.
(a) A Commission civil penalty order shall be signed by the Executive
Director and shall contain the following:
(1) the name(s) of the person(s) required to pay the civil penalty;
(2) the amount of the civil penalty;
(3) the date by which the civil penalty must be paid;
(4) written findings that (1) explain the decision to issue the civil pen-
alty order and (2) provide the factual and legal basis for the issuance of
the order, and
(5) notice that a person to whom the Commission issues a civil penalty
order may file with the superior court a petition for writ of mandate for
review of the order pursuant to Section 1094.5 of the Code of Civil Proce-
dure within thirty (30) days after service of a copy of the order.
(b) A civil penalty order can be coinbined with a cease and desist order
or a permit revocation order so long as the information required under
these regulations for both is contained in the combined order.
NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections
66641.6 and 66641.9, Government Code.
History
1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
§ 11384. Modification of a Commission Civil Penalty Order.
The Executive Director inay modify a civil penalty order if the modifi-
cation would not alter the amount of the penalty or otherwise materially
change the order.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66641.5, 66641.6 and 66641.9, Government Code.
History
1. New section filed 10-11-89; operafive 11-10-89 (Register 89, No. 43).
§ 11385. Appeal from Modification of a Permit Revocation
Order.
(a) A person to whom the Commission has issued a civil penalty order
may appeal to the Commission any modification of the order by the Ex-
ecutive Director by filing within ten (10) days of the date of personal ser-
vice or mailing by registered mail of the modification a written statement
that the party is appealing the modification and the reasons for the appeal.
(b) If the appeal is complete and filed within ten days of the personal
service or maiUng by registered mail of the modification to the order, the
appeal shall stay the effect of the modification, but the previously effec-
tive order shall remain in effect.
(c) Appeals to modifications of a civil penalty order by the Executive
Director cannot be filed more than ten days after the personal service or
mailing by registered mail of the modification.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66641.5, 66641.6 and
66641 .9, Government Code.
History
1 . New section filed 10-1 1-89; operative 1 1-10-89 (Register 89, No. 43).
§ 11386. Standardized Fines.
(a) This Section shall apply to an enforcement action if the Executive
Director determines:
(1) that an alleged violation is one of the types identified in subsection
11386(e);
(2) that the alleged violation has not resulted in significant harm to the
Bay's resources or to existing or future public access; and
(3) that the alleged violation can be corrected in a manner consistent
with the Commission's laws and policies.
(b) Except as provided in subsection (g), if this Section applies to an
enforcement action, the Executive Director shall mail a written notice to
the person(s) believed to be responsible for the alleged violation that con-
tains all of the following information:
(1) the nature of the alleged violation and each and every action that
must be taken to correct the alleged violation;
(2) the fact that if the alleged violation is fully corrected within 35 days
of the mailing of the notice, the Commission shall not impose any civil
penalty; and
(3) the fact that if the alleged violation is not fully corrected within 35
days of mailing of the notice, the person believed to be responsible for
the alleged violation may be subject to the payment of a civil penalty and
Page 538
Register 2003, No. 21; 5-23-2003
Title 14
San Francisco Bay Conservation and Development Commission
§ 11386
may resolve the penalty portion of the alleged violation by paying the
standardized fine specified in subsections (e), and (f) without having to
go through a formal enforcement proceeding pursuant to Sections 11 300
through 1 1385 except as provided in subsection (h).
(c) Except as provided in subsection (g), if the person believed to be
responsible for the alleged violation completes each and every corrective
action specified in the notice pursuant to subsection (b) within thirty-five
(35) days after the mailing of the notice, the Commission shall not impose
any standardized or other fine.
(d) Except as provided in subsections (g) and (h). if the person believed
to be responsible for the alleged violation fails to complete one or more
of the corrective actions required by the notice pursuant to subsection (b)
within thirty-five (35) days after the date of the mailing of the notice, the
responsible person may resolve the penalty portion of the alleged viola-
tion by completing each and every action required by the notice sent pur-
suant to subsection (b) and by paying a fine in the amount provided in
subsections (e) and (f).
(e) The following standardized civil penalties shall apply to the fol-
lowing types of alleged violations:
(1) for the failure to return an executed Commission permit before
commencing the work authorized by the permit:
(A) if the fully executed permit is returned between thirty-six (36) and
sixty-five (65) days after the date of the mailing of the notice required
by subsection (b): ONE THOUSAND DOLLARS ($1,000.00); or
(B) if the fully executed permit is returned more than sixty-five (65)
days after the date of the mailing of the notice required by subsection (b):
THREE THOUSAND DOLLARS ($3,000.00) plus ONE HUNDRED
DOLLARS ($100.00) per day from the sixty-fifth (65) day to the date the
fully executed permit is received by the staff.
(2) for the failure to submit any document other than an executed Com-
mission permit in the form, manner or time required by a Commission
permit:
(A) if a required document is submitted between thirty-six (36) and
sixty-five (65) days after the date of the mailing of the notice required
by subsection (b): ONE THOUSAND DOLLARS ($1 ,000.00) per docu-
ment;
(B) if a required document is submitted between sixty-six (66) and
ninety five (95) days after the date of the maihng of the notice required
by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) per
document; or
(C) if a required document is submitted more than ninety-five (95)
days after the date of the mailing of the notice required by subsection (b):
THREE THOUSAND DOLLARS ($3,000.00) for each document plus
ONE HUNDRED DOLLARS ($100.00) per day for each document,
from the ninety-sixth (96th) day to the date the document is received by
the staff.
(3) for the failure to comply with any condition required by a Commis-
sion permit not covered by subsections (e)(1) and (e)(2):
(A) if corrected between thirty-six (36) and sixty-five (65) days after
the date of the mailing of the notice required by subsection (b): ONE
THOUSAND DOLLARS ($1,000.00) for each violation of each separate
permit requirement; or
(B) if corrected between sixty-six (66) and ninety-five (95) days after
the date of the mailing of the notice required by subsection (b): THREE
THOUSAND DOLLARS ($3,000.00) for each violation of each separate
permit requirement; or
(C) if corrected more than ninety-five (95) days after the date of the
mailing of the notice required by subsection (b): THREE THOUSAND
DOLLARS ($3,000.00) for each violation of each separate pernut re-
quirement, plus ONE HUNDRED DOLLARS ($100.00) per day for
each violation, from the ninety-sixth (96th) day to the date the required
improvements are provided.
(4) for the failure to obtain a Commission permit prior to undertaking
any activity that can be authorized by an administrative permit:
(A) if either a filable application is submitted between thirty-six (36)
and sixty-five (65) days and a permit is obtained within one hundred and
fifty-five (155) days after the date of the mailing of the notice required
by subsection (b) or the unauthorized activity is completely corrected be-
tween thirty-six (36) and sixty-five (65) days after the date of the mailing
of the notice required by subsection (b): TWO THOUSAND DOLLARS
($2,000.00);
(B) if either a filable application is submitted between sixty-six (66)
and ninety-five (95) days and a permit is obtained within one hundred
and eighty-five (185) days after the date of the mailing of the notice re-
quired by subsection (b) or the unauthorized activity is completely cor-
rected between sixty-six (66) and ninety-five (95) days after the date of
the mailing of the notice required by subsecfion (b): FIVE THOUSAND
DOLLARS ($5,000.00);
(C) if a filable applicafion is submitted more than ninety-five (95)
days after the date of the mailing of the notice required by subsecfion (b)
or the unauthorized activity is completely corrected within the same time
hmits: FIVE THOUSAND DOLLARS ($5,000.00) plus ONE
HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th)
day to the date a permit is obtained or the acfivity is completely corrected.
(5) for the failure to obtain a Commission permit prior to undertaking
any acfivity that can be authorized by a regionwide permit:
(A) if either a filable apphcafion is submitted between thirty-six (36)
and sixty-five (65) days and a permit is obtained within one hundred and
fifty-five (155) days after the date of the mailing of the nofice required
by subsecfion (b) or the unauthorized activity is completely corrected be-
tween thirty-six (36) and sixty-five (65) days after the date of the mailing
of the nofice required by subsecfion (b): ONE THOUSAND DOLLARS
($1,000.00);
(B) if either a filable applicafion is submitted between sixty-six (66)
and ninety-five (95) days and a permit is obtained within one hundred
and eighty-five (185) days after the date of the mailing of the nofice re-
quired by subsecfion (b) or the unauthorized acfivity is completely cor-
rected between sixty-six (66) and ninety-five (95) days after the date of
the mailing of the nofice required by subsecfion (b): TWO THOUSAND
DOLLARS ($2,000.00);
(C) if a filable applicafion is submitted more than ninety-five (95)
days after the date of the mailing of the nofice required by subsecfion (b)
or the unauthorized activity is completely corrected within the same time
hmits: TWO THOUSAND DOLLARS ($2,000.00) plus ONE
HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th)
day to the date a permit is obtained, or the unauthorized acfivity is com-
pletely corrected.
(6) for the placement of fill, the extraction of materials or a change in
use that could not be authorized under the Commission's laws and poli-
cies but is an activity similar in size and scope to the activities listed in
Sections 10601(a) through 10601(e):
(A) if the violation is corrected and the area restored to its prior status
between thirty-six (36) and sixty-five (65) days after the mailing of the
notice required by subsection (b): THREE THOUSAND DOLLARS
($3,000.00);
(B) if the violation is corrected and the area restored to its prior status
between sixty-six (66) and ninety-five (95) days after the mailing of the
notice required by subsection (b): EIGHT THOUSAND DOLLARS
($8,000.00);
(C) if the violation is corrected and the area returned to its prior status
more than 95 days after the mailing of the notice required by subsection
(b): EIGHT THOUSAND DOLLARS ($8,000.00) plus ONE
HUNDRED DOLLARS ($100.00) per day to the date the violation is
completely corrected.
(f) A person believed to be responsible for any alleged violation must
pay double the amount listed in subsection (e) to resolve the civil penalty
portion of the alleged violation if that person has previously paid any
standardized fine pursuant to section 1 1386 within the five years prior to
resolution of the alleged violation.
(g) If a violation resolved pursuant to subsection (c) is repeated by the
same person within five years of the resolution of the prior violation, sub-
sections (c), (e), and (f) shall not apply. Instead, the person believed to
Page 538.1
Register 2003, No. 21; 5-23-2003
§ 11400
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
be responsible for the subsequent alleged violation may resolve the civil
penalty portion of the subsequent alleged violation by paying ONE
HUNDRED DOLLARS ($100.00) per day for each day the subsequent
alleged violation occurs or persists.
(h) If the person responsible for the alleged violation does not com-
plete all the required corrective actions and pay the appropriate standard-
ized civil penalties within the time hmits specified by the Executive Di-
rector or, if no time limit is specified, within 1 25 days of the notice mailed
pursuant to subsection (b), the Executive Director may commence en-
forcement proceedings in accordance with Sections 11300 through
1 1 385. If the Executive Director determines that an alleged violator has
not made a good-faith effort to correct an alleged violation, the Execu-
tive Director may terminate the opportunity for settlement using the stan-
dardized fine process thirty-five (35) days after mailing a notice stating
that the process will no longer be available.
(i) After the violation has been completely resolved, if any person sub-
ject to the standardized civil penalties listed in subsections (e), (f), and
(g) believes that the amount is inappropriate, that person can appeal the
proposed amount of the penalty to the Executive Director and the Chair,
who can reduce the amount of the standardized civil penalty to an amount
that they believe is appropriate.
(j) If any person subject to the standardized civil penalties hsted in sub-
sections (e), (f), and (g) believes that the time limit estabhshed pursuant
to subsection (h) is inappropriate, that person may appeal the time limit
to the Executive Director and the Chair, who can modify the time limit
as they believe appropriate.
(k) Any person believed to be responsible for an alleged violation is
entitled to a formal enforcement hearing according to sections 11300
through 1 1385 if that person believes it is necessary to fairly determine
the appropriate remedy or civil penalty amount.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 66632(f) and 66641.5,
Government Code; and Sections 29201(e) and 29610, Public Resources Code.
History
1. New section filed 2-26-93; operative 3-29-93 (Register 93, No. 9).
2. Amendment filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of section and Note filed 12-9-98; operative 1-8-99 (Register 98
No. 50).
4. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003. No. 21).
Chapter 14. Marsh Development Permits
Issued by Local Governments and Appeals
Therefrom
Subchapter 1. Marsh Development Permits
Issued by Local Governments
Article 1. Application
§ 11 400. Application of Chapter.
This Chapter shall govern the issuance of a marsh development permit
or any other local permit that incorporates the provisions of a marsh de-
velopment permit, hereinafter referred to as "a marsh development au-
thorization," by local governments pursuant to California Public Re-
sources Code Section 29502(a) and appeals from marsh development
authorizations issued by local governments.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Section 29502, Public Resources Code.
History
1. Renumbering and amendment of Section 11225 to Section 11400 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
[The next page is 539.]
Page 538.2
Register 2003, No. 21; 5-23-2003
Title 14
San Francisco Bay Conservation and Development Commission
§ 11420
Article 2. Marsh Development Permits
Issued by Local Governments
§ 1 1 41 0. Order of Permits.
If a Suisun Marsh development requires both a marsh development
permit from the Commission and a marsh development authorization
from a local government because part of the development site is located
within either the primary management area of the Suisun Marsh or within
tidelands, submerged lands, or other public trust lands within the second-
ary management area and if another part of the development site is lo-
cated within the secondary management area of the Suisun Marsh, the
person or entity who proposes the development shall first obtain the
marsh development authorization from the appropriate local government
for that part of the site or development that is witliin the secondary man-
agement area and shall also first obtain a local report that complies with
the requirements of Appendix G, No. 29 from the appropriate local gov-
emment(s) for that portion of the development site that is within the pri-
mary management area before requesting a marsh development permit
from the Commission for that part of the site or development that is with-
in the primary management area.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29300 and 29502, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 11 411 . Application.
(a) The person or entity applying for a marsh development authoriza-
tion from local government for a development within the secondary man-
agement area shall submit to the local government and the local govern-
ment shall require the person or entity to provide the following:
(1) an application that provides detailed information about the devel-
opment and that includes a site plan that shows the property Mnes of the
site and the location and extent of existing and proposed work and uses
information that clearly distinguishes existing improvements from pro-
posed improvements, and existing shoreline public access areas from
proposed shoreline public access areas, the location of any existing le-
vees and water transporting and water control structures, and information
that identifies all building elevations, the approximate distance from the
development to the nearest marsh, the location of any managed wetland
and any tidal area in the vicinity, and the name and location of the nearest
public road;
(2) a statement that describes all environmental impacts that may arise
from the proposed development with supporting facts and information;
(3) a statement that the person signing the application is either the
applicant or has the authority to bind legally the applicant;
(4) sufficient evidence that shows the applicant either owns the land,
has a lease of sufficient duration to allow a reasonable return on any in-
vestment, or has an enforceable option on the land on which the develop-
ment will occur or other similar authority to use the property; and
(5) a statement under penalty of perjury by the person signing the
application that all the information submitted is complete and accurate.
(b) The local government may either incorporate the request for this
information into its existing applications forms or may request this infor-
mation separately.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Section 29502, Public Resources Code.
History
1. Renumbering and amendment of Section 11227 to Section 11411 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 1 1 41 2. Notice to the Commission of Pending
Applications.
(a) Within five (5) working days of the filing of an application with the
local government for a marsh development authorization, the local gov-
ernment shall provide in writing to the Commission the following infor-
mation:
(1) the fact of the application;
(2) the nature of the project;
(3) the date the local government filed the application;
(4) the date of any public hearing(s) that will be held; and
(5) an estimated date when the local government will take final action,
(b) The local government shall also promptly notify the Commission
within five (5) working days of any changes to the application.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 2951 1, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 11413. Local Government Notice to Other Persons of
Pending Applications.
(a) The local government shall notify in writing the following entities
of a pending application for a marsh development authorization:
(1) the Cahfornia Department of Fish and Game, Region III;
(2) the State Lands Commission;
(3) the Solano County Mosquito Abatement District;
(4) the Suisun Resource Conservation District;
(5) the San Francisco Bay Regional Water Quality Control Board;
(6) all owners of adjacent property; and
(7) all persons and organizations who have requested such notice in
writing.
(b) The local government shall mail such notice at least ten (10) days
prior to the date of any public hearing.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29521-29524, Public Resources Code.
History
1. Renumbering and amendment of Section 11228 to Section 11413 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 1 1 41 4. Contents of Local Government Notice.
The notice required by Section 11413 shall contain the following:
(a) The name, address, and telephone number of the local government
staff person assigned to the project;
(b) sufficient information about the proposed project and the site to al-
low the recipient to identify the applicable policies of the Suisun Marsh
Protection Plan and the Suisun Marsh Preservation Act if the Commis-
sion has not certified a local protection program or of the certified local
protection program if the Commission has certified one;
(c) a request for comments on the application and the date by which
the local government must receive comments;
(d) a statement of when and where any public hearing(s) will be held;
and
(e) a brief description of the procedures for appealing a local govern-
mental decision to other local governmental bodies and to the Commis-
sion, including the fact that a local government marsh development per-
mit shall become final and unappealable unless either an aggrieved party
or two (2) or more Commissioners appeal the issuance of the permit with-
in twenty (20) working days of the receipt of the notice of the final action.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29521-29524, Public Resources Code.
History
1. Renumbering and amendment of Secfion 11228 to Section 11414 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Article 3. Issuance of Local Marsh
Development Authorizations
§ 11420. Contents of Local Marsh Development
Authorization.
Any marsh development authorization issued by a local government
shall be in writing and shall include the following:
Page 539
(4-1-90)
§ 11421
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) a notice lo the permittee that the authorization shall not become fi-
nal until all of the following time periods have passed:
(1) the time period for appealing the action to a higher body within the
local government as provided for in the local procedures, and
(2) the twenty (20) working day period after the Commission has re-
ceived notice of the local government's final action;
(b) a statement that specifically indicates that the local government is-
sued the authorization wholly or partly as a permit required by the Suisun
Marsh Preservation Act; and
(c) specific findings that support the issuance of the authorization by
relating the facts of the project to the applicable policies of the Suisun
Marsh Protection Plan and the Suisun Marsh Preservation Act if the
Commission as not yet certified the local protection program or, after the
Commission has certified the local protection program, to the policies of
the local protection program.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502, 29503, 29521 and 29522, Public Resources Code.
History
1. Renumbering and amendment of Section 11235 to Section 11420 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Resis-
ter 86, No. 39.
§ 11 421 . Finality of Local Marsh Development
Authorization.
(a) No local marsh development authorization shall become effective
until all time periods for appealing the action within the local government
and to the Commission have expired without the filing by the Commis-
sion of an appeal or until the Commission determines that an appeal
raises no substantial issue of compliance with either California Public
Resources Code Sections 29000 through 29612 and the Suisun Marsh
Protection Plan if no certified Suisun Marsh Local Protection Program
exists or with the certified Suisun Marsh Local Protection Program if one
does exist.
(b) The twenty (20) working day time period for appealing to the Com-
mission shall not commence until the receipt of the notice of final local
action as required by Section 1 1430.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29522, Public Resources Code.
History
1. Renumbering and amendment of Section 11236 to Section 11421 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Article 4. Commission Review of l\/larsh
Development Authorization
§ 1 1430. Notice of Final Local Action.
The local government shall notify the Commission, Attention: Execu-
tive Director, in writing of its final action taken on an application for a
marsh development authorization for a development within the second-
ary management area. The notice shall be dated, shall be delivered by
mail or hand dehvered, and shall indicate whether the local government
issued or denied the authorization, the date on which it acted, and whether
its action may be appealed to a higher local body. If the local government
granted an authorization, it shall attach a copy of the authorization and
all conditions and copy of any local government staff report to the notice.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29521, Public Resources Code.
History
1. Renumbering and amendment of Section 11229 to Section 11430 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§11431. Filing of Notice.
(a) If the notice of final action complies with the provisions of Section
1 1430, the Executive Director shall file the notice and date stamp it.
(b) If the Executive Director determines that he or she cannot file the
notice because it does not comply with Section 1 1430, the Executive Di-
rector shall return the notice to the local government within five (5) work-
ing days of its receipt with a letter that indicates the defects that prevent
the notice from being filed.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 2952 and 29521, Public Resources Code.
History
1. Renumbering and amendment of Section 11245 to Section 11431 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, .see Regis-
ter 86, No. 39.
§ 11432. Notice to Public by Executive Director.
The Executive Director shall notify the Commission and all interested
persons who have requested such notification in writing the issuance of
local marsh development authorizations in a manner reasonably calcu-
lated to allow time for review of the authorization and the fihng of an ap-
peal. Commission notification shall ordinarily consist of adding informa-
tion about the issuance of a local marsh development authorization to the
administrative listing prepared pursuant to Section 10620.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29521, Public Resources Code.
History
1. Renumbering and amendment of Section 1 1246 to Section 1 1432 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Subchapter 2. Appeals to the Commission
of Local Marsh Development Authorizations
Article 1. Filing Appeals
§ 1 1440. Appealing the Issuance of a Local Government
Marsh Development Authorization.
(a) The appeal shall be submitted on a form approved by the Commis-
sion as Appendix L to these regulations or by letter containing substan-
tially the same information that the form requires.
(b) The Executive Director shall file an appeal only if:
(1) the completed form(s) or letter(s) contain all the information re-
quired on the Commission-approved form, and
(2) the Commission has received the letter or form or, in the case of
two letters or forms, the last letter or form on or before the twentieth
(20th) working day after receipt of the notice of final local action.
(c) "Filing" is complete when the original letter(s) or form(s) are
stamped "Filed BCDC" with the date of filing.
(d) If the Executive Director determines that an appeal does not meet
the requirements for filing or involves only a non-appealable matter, he
or she shall within (30) days of receiving the appeal notify the party or
parties who submitted the appeal of the reasons why he or she cannot file
the appeal.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502, 29521 and 29522, Public Resources Code.
History
1. Renumbering and amendment of Section 11255 to Section 11440 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 1 1441 . Effect of Appeal to the Commission.
Upon filing an appeal, the Executive Director shall notify the recipient
of the authorization and the affected local government that the appeal has
stayed the operation and effect of the marsh development authorization
pending final action on the appeal by the Commission.
NOTE; Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29522, Public Resources Code.
History
1. Renumbering and amendment of Section 11256 to Section 11441 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Page 540
(4-1-90)
Title 14
San Francisco Bay Conservation and Development Commission
§ 11501
•
§ 11442. Duties of Affected Local Government on Appeal.
Within five (5) working days of receipt of a notice of appeal from the
Commission, the affected local government shall deliver to the Execu-
tive Director all documents and materials relating to the development and
the local government action on the authorization application. Such mate-
rials shall include, but are not limited to, the application for the authoriza-
tion, all environmental documents, staff reports, resolutions of approval,
conditions attached to the approval, and, if available, the minutes of the
meeting(s) at which the matter was considered. The local government
may, at its discretion, provide authenticated copies in lieu of the original
file materials.
NOTE: Authority cited: Sections 29201(e) and 29521, Pubhc Resources Code.
Reference: Sections 29502 and 29522, Public Resources Code.
History
1. Renumbering and amendment of Section 11256 to Section 11442 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Chapter 15. Implementation of the
California Environmental Quality Act
Article 2. Appeal Procedures
§ 1 1 450. Determination to Consider Appeal.
(a) Prior to hearing an appeal, the Commission shall determine wheth-
er the appeal does not raise any substantial issue regarding the develop-
ment's conformity with the provisions of California Public Resources
Code Sections 29000 through 29612 and the policies of the Suisun Marsh
Protection Plan and the Bay Plan if no certified local protection program
exists or, if a certified local protection program exists, with the provisions
of the certified local protection program.
(b) The Commission shall determine whether the appeal does not raise
any substantial issue only after the staff has presented a recommendation
on the substantial issue question. Such recommendation shall ordinarily
be made by oral report.
(c) Unless the Commission determines by a majority vote of those
present and voting that the appeal does not raise any substantial issue, the
Commission shall proceed to hear the appeal. If the Commission deter-
mines that the appeal does not raise any substantial issue, it shall dismiss
the appeal.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502, 29522 and 29523, Public Resources Code.
History
1. Renumbering and amendment of Section 11265 to Section 11450 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 11451. Public Hearing Procedures.
The Commission shall determine the appeal by conducting a de novo
consideration of the application in accordance with the procedures set
forth in Sections 10380 through 10540.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Sections 29502 and 29524, Public Resources Code.
History
]. Renumbering and amendment of Section 11266 to Section 11451 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 11452. Notification of Commission Action to Local
Government.
The Commission shall notify the local government, the applicant, and
the appealing party(ies) in writing of the action taken by the Commission.
The notification should be transmitted within ten (10) working days of
the final action.
NOTE: Authority cited: Sections 29201(e) and 29521, Public Resources Code.
Reference: Section 29524, Public Resources Code.
History
1. Renumbering and amendment of Section 11267 to Section 11452 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
Subchapter 1.
When the Commission Is the
Lead Agency
Article 1. Environmental Determinations of
Exemption
§11500. Statutory Exemptions.
If the Commission is acting as the lead agency:
(a) Prior to filing an application for a Commission permit or to prepar-
ing the staff planning report on a planning matter, the Executive Director
shall determine if the proposed activity is statutorily exempt under Cali-
fornia Public Resources Code Section 21080(b) from the necessity of
preparing any environmental documentation.
(b) If the Executive Director determines that the proposed activity is
statutorily exempt, he or she shall place a written statement of that deter-
mination and the basis for it in the appropriate file and shall include the
fact of that determination and the basis for it in the application summary,
in the staff planning report, or in the notice of hearing on the planning
study if one is scheduled.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections 21080(b), 21080.5 and
21 166, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 501 . Categorical Exemptions.
When the Commission is the lead agency and the Executive Director
has determined that the proposed activity is not statutorily exempt under
California Public Resources Code Section 21080(b):
(a) Prior to filing an application for a Commission permit or to prepar-
ing the staff planning report on a planning matter, the Executive Director
shall determine if the proposed activity is categorically exempt under
California Public Resources Code Section 21084 and 1 4 California Code
of Regulations Sections 15300 through 15329 from the necessity of pre-
paring any environmental documentation.
(b) Projects for which the Commission issues administrative permits
pursuant to Section 10601(a)(1), (3, (4), (5), (6), (7) or (8), or Sections
10601(b), (c), (d)(1), (d)(2) or (f) are usually categorically exempt under
subdivision (a) of this section, provided that such projects will not be con-
sidered categorically exempt when they either (1) may have an adverse
impact on an environmental resource or involve a hazard of critical con-
cern or (2) may have a cumulatively adverse impact when considered
with successively similar projects.
(c) If the Executive Director determines that the proposed activity is
categorically exempt, he or she shall place a written statement of that de-
termination and the basis for it in the appropriate file and shall include
the fact of, that determination and the basis for it in the application sum-
mary, in the staff planning report on the amendment, or in the notice of
hearing for the planning study, if one has been scheduled.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21000, 21080.5, 2084 and
21 166, Public Resources Code.
History
1. Renumbering and amendment of Section 10910 to Section 11501 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
2. Amendment of subsections (a) and (b) filed 7-31-96; operative 8-30-96 (Reg-
ister 96, No. 31).
Page 541
Register 96, Nos. 30-31; 8-2-96
§ 11510
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 2. Initial Environmental Information
and Determination If Environmental
Assessment Required
§ 11 51 0. Executive Director to Prepare Initial
Environmental Assessment Information.
(a) When the Commission is the lead agency and the Executive Direc-
tor determines that proposed activity is neither statutorily exempt nor
categorically exempt, the Executive Director shall decide what informa-
tion will be necessary to evaluate the possible environmental impacts of
the proposed activity and to prepare an environmental assessment if nec-
essary, the level of expertise required to prepare the assessment and to
what extent the staff may need the assistance of a consultant either to pre-
pare the entire assessment or to provide specific or technical reports to
prepare or to help prepare part of the assessment.
(b) The proponent shall provide such information in time to allow the
Commission staff to determine if the proposed activity may have a signif-
icant adverse environmental impact and, if the staff so decides, to prepare
an environmental assessment before the Commission staff files the per-
mit application, publishes the staff planning report for the plan amend-
ment, or publishes a notice for the other planning activity.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. Renumbering and amendment of Section 10930 to Section 11510 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 51 1 . Determination of Significant Adverse
Environmental Impacts and Preparation of an
Environmental Assessment.
(a) When the Commission is lead agency and the Executive Director
has determined that a proposed activity is not statutorily exempt and is
not categorically exempt, he or she shall next determine if the proposed
activity may have any individually or cumulatively substantial adverse
impact on the physical environment.
(b) If the Commission is the lead agency and the Executive Director
determines that a proposed activity is not statutorily exempt, is not cate-
gorically exempt, and will not have any significant adverse impact on the
physical environment either individually or cumulatively, he or she shall
place a written statement of that determination and the basis for it in the
appropriate file and shall include the fact of that determination and the
basis for it in the application summary, in the staff planning report on the
amendment, or in the notice of hearing for the planning study, if one has
been scheduled.
(c) If the Commission is the lead agency and the Executive Director
determines that the proposed activity is not statutorily exempt, is not
categorically exempt, and may have a significant adverse impact on the
physical environment either individually or cumulatively, the Commis-
sion shall prepare an environmental assessment that complies with Sec-
tion 1 1521 and shall include the assessment in the application summary,
the staff planning report, or combined staff planning report and recom-
mendation.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 51 2. Notification of Applicant or Proponent.
The Executive Director shall promptly notify the applicant for a Com-
mission permit and the proponent of any planning study or plan amend-
ment if the Executive Director determines that an environmental asses-
sment must be prepared.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 3. Preparation of an Environmental
Assessment
§ 1 1 520. Use of a Federal Environmental Impact Statement
as an Environmental Assessment.
(a) When a federal environmental impact statement or its equivalent
has been or will be prepared in time for the Commission to use it as an
environmental assessment, the Commission may use it as an environ-
mental assessment if it contains all the information needed in an asses-
sment or if the Commission can supplement it so it will contain all the
information needed in an assessment.
(b) If the Commission uses a federal environmental impact statement
or its equivalent as its environmental assessment, it should add or supple-
ment a discussion of mitigation, growth-inducing impact, and energy
conservation if the environmental impact statement does not include an
adequate discussion of these elements.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Sections21080.5and21080.7,Pub-
lic Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 521 . Contents of an Environmental Assessment.
An assessment of the substantial adverse impacts of a proposed activ-
ity shall contain a summary of the following:
(a) A brief description of the proposed activity;
(b) all substantial, adverse environmental impacts that the proposed
activity may cause;
(c) all irreversible environmental impacts that the proposed activity
may cause;
(d) any feasible mitigation measures that would reduce such substan-
tial adverse environmental impacts;
(e) any feasible alternatives, including design alternatives, to the pro-
posed project that would reduce such substantial adverse environmental
impacts; and
(0 such other information that the Executive Director believes appro-
priate.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Article 4. Use of Consultants
§ 1 1 530. Notification of Applicant.
Whenever the Executive Director determines that a consultant will be
needed to prepare an environmental assessment or to provide informa-
tion to be used in an assessment, the Executive Director shall promptly
notify the potential applicant for a permit that a consultant will be needed
and that the applicant must bear the cost of the consultant.
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Section 21080.5, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
§ 1 1 531 . Selection of a Consultant.
In order to select a consultant to prepare or to help prepare an environ-
mental assessment, the Executive Director shall:
Page 542
Register 96, Nos. 30-31; 8-2-96
Title 14
San Francisco Bay Conservation and Development Commission
§ 11544
(a) select three (3) consultants known to have the necessary expertise
and obtain from each consultant an estimate of the maximum fees that
would be charged for the preparation of the assessment;
(b) after consulting with the apphcant, and based on the estimates and
previously submitted information about the consultant, choose a consul-
tant who will establish a fixed cost to be incurred in the preparation of the
assessment;
(c) notify the applicant of the consultant selected and the amount of the
cost;
(d) deposit the environmental assessment fees submitted by the apph-
cant in an account that the Commission maintains for such purposes;
(e) enter into an agreement for the preparation of the assessment or part
of the assessment; and
(0 pay the consultant according to a mutually agreed on schedule of
payments, usually in installmentsof twenty-five percent (25%)of the to-
tal fee, with twenty-five percent (25%) withheld until the Commission
has taken final action on the assessment.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Section 21080.5, Public Resources Code.
History
1. Renumbering and amendment of Section 10941 to Section 11531 filed
5-18-87;operative6-17-87(Register87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§11532. Fees in Excess of Estimates.
The Commission will not be responsible under any circumstances for
fees that exceed the previously-determined ceiling. The consultant
should consider this fact when he or she estimates the fees and costs in-
volved, and every contract for consultant assistance into which the Com-
mission enters shall include a provision to this effect.
NOTE: Authority cited; Section 66632(0, Government Code; and Section
29201(e), PubUc Resources Code. Reference: Section 21 080.5, Public Resources
Code; and Section 66632(a), Government Code.
History
1. Renumbering and amendment of Section 10942 to Section 11532 filed
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 533. Relationship of Commission and Consultant.
The Commission through the Executive Director shall have final re-
sponsibility for the contents of any environmental assessment that is pre-
pared with the assistance of a consultant. The Executive Director may
modify, delete, or change any portion of any material prepared by a con-
sultant, and every contract for consultant assistance into which the Com-
mission enters shall include a provision to this effect.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference; Section 21080.5, Public Resources
Code.
History
]. Renumbering and amendment of Section 10943 to Section 11533 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 534. Use and Ownership of Consultant-Prepared
Material.
All studies, data, reports, and other material developed by a consultant
shall be made available to the Commission for inspection, review, and
copying for any purpose if the Executive Director so requests, and all
such studies, data, reports, and other material shall be turned over to the
Commission and become the property of the State of California when the
consultant fulfills his or her responsibilities and the Commission makes
final payment. The Commission shall have the right to publish, use, or
change the material. Every contract for consultant assistance into which
the Commission enters shall include as provision to this effect.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. Renumbering and amendment of Section 10950 to Section 11540 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
Article 5. Environmental Fees
§11540. Basic Fee.
In addition to any other fees, an applicant for a permit shall pay a basic
fee of three hundred dollars ($300.00) when the Commission prepares an
environmental assessment to cover the costs of analyzing, processing,
and maihng the assessment for a permit application.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Section 29520(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10950 to Section 11540 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 541 . Preparation Fee.
In addition to any other applicable fees, an applicant for a permit shall
pay a fee of five hundred dollars ($500.00) to cover the costs to the Com-
mission of preparing any environmental assessment for which the Com-
mission needs no consultant assistance.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Section 29520(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10951 to Section 11541 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 542. Consultant Fees.
In addition to all other applicable fees, the Commission shall charge
to the applicant a fee equal to the ceiling fee for the consultant that the
Executive Director determined after consultation with the applicant
based on the consultant's estimate provided, however, that the Executive
Director shall refund to the applicant after completion of the preparation
of the assessment any part of the consultant fee not actually charged by
the consultant.
NOTE: Authority cited: Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Section 29520(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10953 to Section 11542 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§11543. Exception.
Whenever the Executive Director believes that the basic fee or the
preparation fee does not reflect the actual cost to the Commission of ana-
lyzing or preparing required environmental documents, the Executive
Director may reduce or increase the basic fee or the preparation fee by
an amount not exceeding fifty percent (50%) of the normally-required
amount.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Pubhc Resources Code. Reference; Section 66632(a), Government
Code; and Section 29520(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10954 to Section 11543 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 11544. When Environmental Fees Must Be Paid.
All applicable environmental fees must be paid by the applicant prior
to the commencement of work on an environmental assessment by the
Commission.
NOTE: Authority cited; Section 66632(0, Government Code; and Section
29201(e), Public Resources Code. Reference; Section 66632(a), Government
Code; and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of Section 10955 to Section 11544 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
Page 543
Register 98, No. 45; 11-6-98
§ 11550
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 6. Appeals
§ 11 550. Grounds for Appeal.
(a) Any applicant who believes that the Executive Director has im-
properly determined that an environmental assessment is needed for a
project or that the Commission needs the use of a consultant to help pre-
pare an environmental assessment may appeal that determination to the
Commission.
(b) Any applicant who believes that the Executive Director has im-
properly determined the amount of an environmental fee or that the envi-
ronmental fees are unreasonable may appeal that determination to the
Commission.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Sections 21080.5 and 29510(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10960 to Section 11550 filed
5-1 8-87; operative 6- 1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 551 . Time Limits for Appeal and Consultation.
(a) Any applicant who wishes to appeal pursuant to Section f 1550
shall inform the Executive Director in writing of that fact and the reasons
therefore and provide all supporting documents within five (5) days of
receiving written notice of the determination being appealed.
(b) Prior to placing the appeal on the Commission's agenda, the Ex-
ecutive Director, the Chair, and the applicant shall attempt to resolve the
disagreement.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Sections 21080.5 and 29510(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10961 to Section 11551 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 552. Hearing an Appeal.
The Executive Director shall schedule an appeal under Section 1 1550
that the Chair, Executive Director, and applicant cannot resolve at the
soonest regularly-scheduled Commission meeting after the Chair, the
Executive Director, and the applicant fail to resolve the dispute.
NOTE; Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Sections 21080.5 and 29510(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10963 to Section 11552 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 11553. Commission Determination.
If the Commission finds that the Executive Director acted improperly
or unreasonably in making the determination being appealed, it shall or-
der the Executive Director to do what it believes is proper or reasonable.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(a), Government
Code; and Sections 21080.5 and 29510(b), Public Resources Code.
History
1. Renumbering and amendment of Section 10964 to Section 11553 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
(1) review any environmental working papers or lES, environmental
impact report, or environmental impact statement sent to him for consul-
tation from the lead agency or the State Clearinghouse, determine what
comments should be made on behalf of the Commission, and forward
such comments to the lead agency and to the appropriate state agency for
coordinating state comments;
(2) require an applicant to file prior to filing the BCDC application a
single-spaced, typewritten summary of any environmental documenta-
tion already prepared by the lead agency on paper 81/2x1 1 inches pages
in size. The summary shall indicate significant environmental issues
raised during the review period or at the public hearing and the disposi-
tion of such issues, including any revision to the proposed project to miti-
gate its impacts or any objections, and a detailed explanation of why the
applicant believes the Commission should approve the project when any
objection remains unresolved or any recommendation has not been
adopted. The summary shall also include the name, address, and tele-
phone number of the governmental agency preparing or certifying the
document, the date of certification, and the name, address, and telephone
number of all persons who reviewed the document, and any criticism and
any recommended changes they made; and
(3) include any certified environmental impact report, environmental
impact statement, or certified negative declaration that is less than ten
(10) pages in length, or summary thereof if the EIR, EIS, or negative dec-
laration is longer than ten (10) pages in length, with the staff summary
of the permit application.
(b) The Commission may in its discretion hold a public hearing on any
environmental document submitted to it and may direct the staff to make
whatever comments or to obtain whatever additional information the
Commission deems appropriate.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. Renumbering and amendment of Section 10970 to Section 11560 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
§ 1 1 561 . Effect of Comments.
Comments by or on behalf of the Commission concerning environ-
mental documents are intended to help the lead agency prepare adequate
environmental documents. They do not indicate what action the Com-
mission may take when the project comes before the Commission for a
permit, nor do they preclude the Commission from requiring additional
environmental information regarding environmental impacts of those ac-
tivities that the Commission is required by law to review.
NOTE: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources
Code.
History
1. Renumbering and amendment of Section 10972 to Section 11561 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 79, No. 29.
Subchapter 2. When the Commission Is a
Responsible Agency
§ 1 1 560. Review and Comment on Environmental
Documents.
(a) When the Commission is not the lead agency on any activity, the
Executive Director shall:
Chapter 16. San Francisco Bay
Conservation and Development
Commission — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409(a), that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of limited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
30 VAN NESS AVENUE, ROOM 2011
SAN FRANCISCO, CALIFORNIA 94102
Page 544
Register 98, No. 45; 11-6-
Title 14
San Francisco Bay Conservation and Development Commission
§ 11712
FAIR POLITICAL PRACTICES COMMISSION
lion "K" STREET
SACRAMENTO. CALIFORNIA 95S14
ARCHIVES
SECRETARY OF STATE
1020 '-O" STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict otTnterest Code is designated as Chapter 16, Division 5
of Title 14 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 16. San Francisco Bay Conservation and Development
Commission — Conflict of Interest Code
Section
11600.
General Provisions
Appendix
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Section 87300 et seq.. Government Code.
History
1. Renumbering of section 11200 to section 11600 filed 5-18-87; operative
6-17-87 (Register 87, No. 30). For prior history, see Register 84, No. 28.
2. Amendment filed 8-23-93; operative 9-22-93. Submitted to OAL for printing
only. Approved by Fair Political Practices Commission 7-7-93 (Register 93,
No. 35).
3. Amendment of Appendix filed 11-6-98; operative 12-6-98. Approved by Fair
Political Practices Commission 8-31-98 (Register 98, No. 45).
Chapter 17. Regionwide Permits
Article 1. Issuance of Regionwide Permits
and Abbreviated Regionwide Permits
§ 11700. Regionwide Permit.
The San Francisco Bay Conservation and Development Commission
may issue, by resolution, one or more regionwide permits and abbre-
viated regionwide permits to authorize throughout its McAteer-Petris
Act jurisdiction a specific category or categories of activities hat the
Commission determines wiU have no substantial impact on areas within
the Commission's McAteer-Petris Act jurisdiction, including but not
limited to routine repair and maintenance of existing structures located
within San Francisco Bay, a managed wetland, or a certain waterway and
routine repair, maintenance, and improvements to structures located
within the shoreline band. Regionwide permits and abbreviated region-
wide permits have the same force and effect as other permits that the
Commission issues, and the Commission may enforce the terms and con-
ditions of regionwide and abbreviated regionwide permit in the same
manner as the Commission enforces the terms and conditions of other
Commission permits.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering of Section 11300 to Section 11700 filed 5-18-87; operafive
6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
2. Amendment of Article 1 heading and section filed 8-6-96; operafive 9-5-96
(Register 96, No. 32).
§ 1 1 700.1 . Abbreviations.
When used in this Chapter, "Notice of Intent to Proceed" may be ab-
breviated as "NOl."
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Secfions
66604 and 66632, Government Code.
History
1 . New section filed 8-6-96; operafive 9-5-96 (Register 96, No. 32).
Article 2. Notice of Intent to Proceed Under
Regionwide Permits
§ 1 1 71 0. Need to File Notice of Intent to Proceed.
Prior to commencing any project for which a Commission permit is re-
quired and which the project sponsor believes is authorized by a Com-
mission regionwide permit, the project sponsor shall submit to the Ex-
ecutive Director a written notice of intent to proceed that complies with
Section 1171 1 , shall receive approval of the notice of intent to proceed
pursuant to Section 11713, and shall acknowledge the terms and condi-
tions of the regionwide permit pursuant to Section 11715.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering and amendment of Secfion 11310 to Secfion 11710 filed
5-1 8-87; operative 6- 1 7-87 (Register 87, No. 30). For prior histoid, see Regis-
ter 86, No. 39.
2. Amendment of Article 2 heading filed 8-6-96; operative 9-5-96 (Register 96,
No. 32).
§ 1 1 71 1 . Contents of Notice of Intent to Proceed.
The written norice of intent to proceed that Section 11710 requires
shall contain the following:
(a) a detailed description of the proposed project, which may consist
of either;
( 1 ) a fully completed application form. Part I only, as set out in Appen-
dix D to these regulations, or
(2) a letter that provides the same information as a fully completed
form;
(b) proof of legal interest, and one copy each of a large scale site plan,
an 8 1/2" x 1 1 " copy of the site plan, and vicinity map, all as described
in Appendix F;
(c) a check or money order in the amount specified in Appendix M to
these regulations; and
(d) an executed Certificate of Posting of "Notice of Pending BCDC
AppUcation," as specified in Appendix E.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Secfions
66604 and 66632, Government Code.
History
1. Renumbering and amendment of secfion 11311 to section 11711 filed 5-18-87;
operafive 6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
39.
2. Amendment of subsections (a) and (c) filed 10-12-89; operafive 10-12-89
(Register 89, No. 43).
3. Amendment of subsecfion (a), new subsecfion (b), renumbering and amend-
ment of subsections (b) and (c) to subsections (c) and (d) filed 4-18-90; opera-
five 5-18-90 (Register 90, No. 18).
4. Amendment of subsecfion (c) filed 11-20-91; operafive 12-20-91 (Register
92, No. 8).
§ 1 1 71 2. Executive Director's Determination Whether a
Notice of Intent to Proceed Is Complete.
(a) The Executive Director shall determine within 30 days of receipt
of a Notice of Intent to Proceed whether the notice complies fully with
Section 11711.
(b) If the Executive Director determines that a Notice of Intent to Pro-
ceed complies fully with Section 1 1 7 1 1 , the Executive Director shall pro-
ceed according to Sections 11713 and 11714 to determine whether the
activity is authorized by the regionwide permit.
(c) If the Executive Director determines that a Notice of Intent to Pro-
ceed does not fully comply with Section 1 171 1, the Executive Director
shall within 30 days of receipt of the notice notify the project sponsor in
writing of his or her determination, the reasons for the determination, and
what further information is needed to complete the Notice of Intent to
Proceed.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
Page 545
Register 98, No. 45; 11 -6-98
§ 11713
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
]. Renumbering and amendment of Section 11312 to Section 11712 filed
5-1 8-87; operative 6-
ter 86, No. 39.
1 7-87 (Register 87, No. 30). For prior liistory, see Regis-
Article 3. Notice of Intent to Proceed Under
Abbreviated Regionwide Permits
§ 1 1 71 3. Approval of a Notice of Intent to Proceed.
(a) If the Executive Director has determined that a Notice of Intent to
Proceed complies fully with Section 1 171 1, he or she shall approve or
disapprove the notice within 14 days of the determination of complete-
ness.
(b) The Executive Director shall base his or her determination on
whether to approve or disapprove the Notice of Intent to Proceed only on
the proposed project's consistency with any one or more Commission re-
gionwide permit.
NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering and amendment of Section 11313 to Section 11713 filed
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 11714. Notification of Executive Director's Decision.
(a) If the Executive Director approves a Notice of Intent to Proceed,
he or she shall notify the project sponsor in writing of the approval and
shall include a copy of the applicable regionwide permit with the written
approval.
(b) If the Executive Director disapproves a Notice of Intent to Proceed,
he or she shall notify the project sponsor in writing of the disapproval and
the reasons for the disapproval.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering and amendment of Section 11314 to Section 11714 filed
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 1 1715. Project Sponsor Acknowledgment and Execution
of Regionwide Permit.
The project sponsor shall acknowledge receipt and acceptance of the
terms and conditions of the regionwide permit by signing and dating a
copy of the regionwide permit and returning the executed copy of the re-
gionwide permit to the Executive Director within 14 days of receipt of
the written approval of the notice and of the copy of the applicable re-
gionwide permit.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering and amendment of Section 11315 to Section 11715 filed
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis-
ter 86, No. 39.
§ 1 1 71 6. Application After Executive Director's
Determination That a Notice of Intent to
Proceed Is Not Complete or from Executive
Director's Disapproval of a Notice of Intent to
Proceed.
If a project sponsor believes that the Executive Director has either im-
properly determined that a Notice of Intent to Proceed is not complete or
improperly disapproved a Notice of Intent to Proceed, the project sponsor
may apply for a Commission permit without waiting 90 days.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. Renumbering of Section 11316 to Section 11716 filed .5-18-87; operative
6-17-87 (Register 87, No. 30). For prior history, see Register 86, No. 39.
§ 1 1 71 7. Need to File Notice of Intent to Proceed.
Prior to commencing any project for which a Commission permit is re-
quired and which the project sponsor believes is authorized by a Com-
mission abbreviated regionwide permit, the project sponsor shall com-
plete, sign and submit to the Executive Director a Notice of Intent to
Proceed under an Abbreviated Regionwide Permit (which these regula-
tions contain as Appendix N); shall receive approval of the NOI pursuant
to Section 1 1719; and shall acknowledge the terms and conditions of the
abbreviated regionwide permit pursuant to Section 1 1720.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1 . New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32). For prior his-
tory, see Register 89, No. 43.
§ 1 1 71 8. Executive Director's Determination Whether a
Notice of Intent to Proceed Under an
Abbreviated Permit is Complete.
(a) The Executive Director shall determine within thirty (30) days of
receipt of a completed NOI for an Abbreviated Regionwide Permit
whether the information provided in the notice is complete.
(b) If the Executive Director determines that an NOI for an Abbre-
viated Regionwide Permit is complete, the Executive Director shall pro-
ceed according to Section 1 1720 to determine whether the activity is au-
thorized by the abbreviated regionwide permit.
(c) If the Executive Director determines that an NOI for an Abbre-
viated Regionwide Permit is incomplete, the Executive Director shall
within thirty (30) days of receipt of the notice notify the project sponsor
in writing of his or her determination, the reasons for the determination,
and what further information is needed to complete the NOI.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1 . New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32). For prior his-
tory, see Register 89, No. 43.
§ 1 1 71 9. Approval or Disapproval of a Notice of Intent to
Proceed Under an Abbreviated Regionwide
Permit; Notification of Determination.
(a) If the Executive Director has found that an NOI for an Abbreviated
Regionwide Permit is complete, he or she shall determine whether the
NOI is approved or disapproved and, within seven (7) working days of
the determination of completeness, notify the project sponsor in writing
of the determination of approval or disapproval, as follows:
(1 ) If the NOI is approved, the Executive Director shall enclose a copy
of the applicable abbreviated regionwide permit with the written approv-
al; or
(2) If the NOI is disapproved, the Executive Director shall notify the
project sponsor of the reasons for the disapproval.
(b) The Executive Director shall base a determination on whether to
approve or disapprove the NOI only on the proposed project's consisten-
cy with any one or more Commission abbreviated regionwide permits.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
1. New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§ 1 1 720. Project Sponsor Acknowledgement and
Execution of Abbreviated Regionwide Permit.
The project sponsor shall acknowledge receipt and acceptance of the
terms and conditions of the abbreviated regionwide permit as follows:
(a) the project sponsor shall sign and date a copy of the abbreviated re-
gionwide permit;
Page 546
Register 98, No. 45; 11-6-98
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
(b) the project sponsor shall return the executed copy to the Executive
Director within fourteen (14) days of receipt of the written approval of
the NOI and of a copy of the abbreviated regionwide permit.
NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
] . New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
§ 1 1 721 . Application After Executive Director's
Determination Tliat a Notice of intent to
Proceed Is Not Complete or from Executive
Director's Disapproval of a Notice of Intent to
Proceed Under an Abbreviated Regionwide
Permit.
If a project sponsor believes that the Executive Director has either im-
properly determined that a Notice of Intent to Proceed is not complete or
improperly disapproved a Notice of Intent to Proceed, the project sponsor
may apply for a Commission permit without waiting ninety (90) days.
NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections
66604 and 66632, Government Code.
History
] . New section filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
Appendix A
Declaration to be filed and recorded as Notice and in Marin County
Clerk's file:
NOTICE OF NON-JURISDICTION OF THE BCDC—
LARKSPUR BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to
state that "Thejurisdiction of the Commission under this section shall not
extend to the areas commonly known as the Larkspur Boardwalk in the
County of Marin, such areas to be defined by Commission Regulation,"
the following described areas shall be excluded from thejurisdiction of
the Bay Conservation and Development Commission.
AREA OF LARKSPUR BOARDWALK NO. 1 TO BE EXCLUDED
FROM BCDC JURISDICTION
PORTIONS OF REAL PROPERTY situated in the City of Larkspur,
County of Marin, State of California, known as "Larkspur Boardwalk
No. 1," consisting of 38 parcels of land accessible from Corte Madera
Creek and/or its tributaries are to be excluded from Bay Conservation and
Development Commission jurisdiction in the manner and in the follow-
ing described proportions; the following described parcel and excepted
areas from exclusion have been superimposed upon an enlarged aerial
photograph which shall be on file in the Office of the Marin County Sur-
veyor in County Surveyor's file; said parcel to be excluded and excep-
tions thereto being described as follows:
REAL PROPERTY in the City of Larkspur, County of Marin, State of
California, described as follows:
BEGINNING at a point on the Westerly boundary line of Rancho
Corte Madera Del Presidio described in the deed recorded in Volume 66
of Deeds, at page 13, Marin County Records, distant thereon North 19°
45 ' West 210.45 feet from a concrete monument situated on said West-
erly line designated "PQ 96," said point of beginning being also the
Southwestern comer of Parcel 1 as said parcel of land is described in the
deed to Richard W. Roth dated and recorded September 7, 1967, in Book
2156 of Official Records of Marin County, at page 10; running thence
along the Southeastern line of said Richard W. Roth parcel North 46° 36 '
30" East 159.69 feet to Southeastern comer of the last said parcel; thence
along the Northeastern line of the last said parcel and along the center line
of that certain utility easement 20.00 feet wide, measured at right angles,
described in the deed to Robert Evers, et ux., recorded July 26, 1 950, in
Book 658 of Official Records of Marin County, at page 88, the following
six courses:
North 20° 07' 30" West 416.04 feet;
North 2° 58 '30" East 260.44 feet;
North
47° 13'
00"
East 243.10 feet;
North
56° 46'
30"
East 619.40 feet;
North
40^00'
30"
East 642.00 feet;
and
North
55° 45'
00"
East 20.14 feet;
to
the Northern hne of that parcel of land described in the deed to John B.
De Maria, et ux., recorded September 10, 1969, in book 2325 of Official
Records of Marin County, at page 469; thence along the last named line
South 85° 24' 42" We.st 107.48 feet; thence Southwesterly along the arc
of a tangent curve to the left with a radius of 269.47 feet, through an angle
of 38° 45 ' 50" , for a distance of 1 82.3 1 feet; thence North 5 1 ° 35 '
30" West 11.41 feet;
thence South 40° 00
thence South 51° 35
thence South 47° 01
thence South 37° 15
thence South 44° 05
thence South 46° 23
thence South 46° 01
thence South 51° 51
thence South 56° 46
thence South 73° 43
thence South 56° 46
thence South 51° 53
thence South 62° 19
thence South 75° 45
thence South 77° 09
thence South 01° 14
thence North 82° 26
thence South 76° 22
thence South 34° 19
thence South 22° 14
thence South 47° 36
thence South 37° 58
thence North 52° 02
thence South 21° 47
thence South 06° 05
thence South 88° 31
thence South 02° 58
thence North 88° 31
30" West
30" East
34" West
00" West
60.02 feet
5.58 feet
31.69 feet
68.89 feet
00" West 1 1 9.69 feet
00" West 78.99 feel
00" West 15.69 feet
30" West 196.32 feet
30" West 60.02 feet
00" West
30" West
30" West
00" West
00" West
00" West
00" West
00" West
30" West
58.52 feet:
37.00 feet
28.00 feet
54.55 feet
45.54 feet
42.00 feet
15.55 feet
41.58 feet
14.46 feet
50" West 119.04 feet
00" West 38.75 feet
30" West 97.61 feet
00" West 62.50 feet
00" West 20.00 feet
10" West 87.50 feet
50" East 202.73 feet
30" East 20.00 feet
30" West 50.00 feet
30" West 85.15 feet
to said
Westerly boundary line of said Rancho Corte Madera Del Presidio,
thence along the last named line South 19° 45 ' 00" East 61 6.41 feet to
the point of beginning;
EXCEPTING therefrom that parcel of land hereinabove described, the
following seven parcel of land which are to remain within thejurisdiction
of Bay Conservation and Development Commission jurisdiction, de-
scribed as follows:
Parcel 1 : BEGINNING at a point on that course hereinabove described
as "North 20° 07 '30" West 416.04 feet" distant thereon South
20°07 ' 20" East 91 .47 feet from the most Northwesterly terminus there-
of; running
thence South 69° 52'
thence North 68° 45 '
thence South 54° 15'
thence South 19° 45'
thence South 09° 22'
thence North 69° 52'
thence South 19° 45'
thence South 46° 36 '
thence North 19° 45 '
thence South 88° 31'
thence South 00° 04'
thence South 06° 20'
thence South 50° 00'
thence North 54° 15'
30"
West
39.54 feet
00"
West
53.53 feet
00"
West
20.00 feet
00"
East
80.00 feet
26"
East
61.07 feet
30"
East
12.00 feet
00"
East
257.82 feet
30"
West
50.21 feet
00"
West 616.41 feet
30"
East
75.00 feet
01"
East
65.39 feet
00"
East
60.91 feet
00'
East
32.53 feet
00'
East
20.00 feet
Page 547
Register 93, No. 35; 8-27-93
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
thence South 680 45 ' 00" East
thence South 42^ 30' 00" East
thence North 87" 00' 00" East
24.00 feet;
20.00 feet;
51.06 feet; to said
course designated "North 20° 07' 30" West 416.04 feet"; thence along
the last said designated course South 20° 07' 30". East 8.34 feet to the
point of beginning;
Parcel 2: COMMENCING at a point on that course hereinabove de-
scribed as "North 2° 58' 30" East 260.44 feet," distant thereon North
20o58' 30" East 125.14 feet from the most Southwesterly terminus there-
of; thence North 88« 31 ' 30" West 100.00 feet to the ACTUAL POINT
OF BEGINNING: running thence North 88° 31 ' 30" West 20.00 feet;
thence North 06° 05 ' 50" West 202.73 feet;
thence North 2 1 ° 47 ' 10" East 87.50 feet;
thence South 52° 02' 00" East 20.00 feet;
thence North 37° 58' 00" East 62.50 feet;
thence North 47° 36' 30" East 97.61 feet;
thence South 40° 33 ' 14" West 96.33 feet;
thence South 37° 58' 00" West 93.1 1 feet;
thence South 07° 15' 00" West 69.56 feet;
thence South 10° 10' 00" East 129.00 feet; to a line
drawn North 14° 35' 00" East from the actual point of beginning;
thence South 14° 35' 00" West 45.00 feet; to the actual point of
beginning;
Parcel 3: COMMENCING at a point on that course hereinabove de-
scribed as "North 47° 13' East 243.10 feet" distant thereon North 47°
13' East 229.22 feet from the most Southwesterly terminus thereof;
thence North 19° 40' 30" West 8.65 feet;
thence South 34° 19' 50" West 11 1.04 feet;
thence South 59° 47' 00" East 7.02 feet; to a line
drawn South 34° 19' 50" West from the actual point of beginning;
thence North 34° 19' 50" East 105.45 feet; to the actual point of
beginning;
Parcel 4: COMMENCING at a point on that course hereinabove de-
scribed as "North 56° 46' 30" East 619.40 feet" distant thereon South
56° 46' 30" West 159.77 feet from the most Northeasterly terminus
thereof; thence North 34° 03' 30" West 149.98 feet to the ACTUAL
POINT OF BEGINNING: running thence North 34° 03' 30" West
19.05 feet;
thence South 51° 51 ' 30" West 35.94 feet;
thence South 31° 33 ' 30" East 19.13 feet; to a hne
drawn South 51° 51 ' 30" West from the actual point of beginning;
thence North 51° 51' 30" East 36.78 feet; to the actual point of
beginning;
Parcel 5: COMMENCING at a point on that course hereinabove desig-
nated as "North 56° 46 ' 30" East 619.40 feet" distant thereon South 56°
46 ' 30" West 1 28.74 feet from the most Northeasterly terminus thereof;
thence North 34° 03 ' 30" West 161 .67 feet to the ACTUAL POINT OF
BEGINNING:
thence North 34° 03 ' 30" West 9.02 feet;
thence North 51° 51 ' 30" East 129.28 feet;
thence North 46° 01 ' 00" East 15.69 feet;
thence North 46° 18' 17" East 78.99 feet;
thence South 35° 16' 30" East 9.10 feet;
thence South 46° 18' 17" West94.59 feet; to a line
drawn North 51° 51 ' 30" East from the actual point of beginning;
thence South 51° 51 ' 30" West 129.54 feet; to the actual point of
beginning;
Parcel 6: COMMENCING at a point on that course hereinabove de-
scribed as "north 40° 00 ' 30" East 642.00 feet" distant thereon North 40°
00' 30" East 238.05 feet from the most Southwesterly terminus thereof;
thence North 40° 41 ' 00" West 155.00 feet to the ACTUAL POINT OF
BEGINNING:
thence North 40° 41 ' 00" West 3.00 feet;
thence North 37° 15 ' 00" East 68.89 feet;
thence North 47° 01 ' 34" East 31.69 feet;
thence South 51° 35 ' 30" East 12.42 feet;
thence South 38° 24' 30" West 34.19 feet; to a line
drawn North 49° 19' 00" East from the actual point of beginning;
thence South 49° 19' 00" West 67.82 feet; to the actual point of
beginning.
Parcel 7: BEGINNING at the most Northeasterly terminus of that
course hereinabove described as "North 56° 46' 30" East 619.40 feet";
amning thence along the last said line South 56° 46' 30" West 30.00
feet;
thence North 33° 1 3 ' 30" West 1 2.00 feet;
thence South 56° 46' 30" West 568.56 feet;
thence South 26° 46' 30" West 24.00 feet;
thence South f47° 13' 00" West 194.97 feet;
thence North 52° 02' 00" West 70.92 feet;
thence North 47° 13' 00" East 132.34 feet;
thence North 55° 24' 51" East 137.43 feet;
thence North 56° 46' 30" East 539.26 feet;
thence North 40° 00' 30" East 599.29 feet; to said
Northwestern line of said John B DeMaria parcel of land (2325 O.R. 469)
mentioned hereinabove; thence along the last named line North 85° 24'
42" East 67.87 feet;
thence South 40° 00' 30" West 621.10 feet; to a line
drawn North 4° 59' 30" West from the point of beginning;
thence South 04° 59' 30" East 24.04 feet;to the actual point of be-
ginning.
Appendix B
Declaration to be filed and recorded as Notice and Marin County
Clerk's file:
NOTICE OF NON-JURISDICTION OF THE BCDC—
GREENBRAE BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to
state that "The jurisdiction of the Commission under this section shall not
extend to the areas commonly known as the Greenbrae Boardwalk in the
County of Marin, such areas to be defined by Commission Regulation,"
the following described areas shall be excluded from the jurisdiction of
the Bay Conservation and Development Commission.
AREA OF GREENBRAE BOARDWALK TO BE EXCLUDED
FROM BCDC JURISDICTION
All that REAL PROPERTY situated in the unincorporated territory of
the County of Marin, known as "Greenbrae Boardwalk," shown delin-
eated on that certain map entitled "Licensed Survey Map of Subdivision
of Portion of Hugh Porter Prop., Greenbrae-Marin Co.-Cal.," etc., filed
August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin
County Records to be excluded from BCDC jurisdiction are designated
by assessor's parcel numbers, shown on the 1974-1975 Marin County
Equalized Tax-Assessment Rolls, on file in the Office of the Marin
County Surveyor in County Surveyor's file; said real property being also
situated within the bounds of the following described parcel of land:
REAL PROPERTY partly in the City of Corte Madera, County of Ma-
rin, State of California, described as follows:
BEGINNING at the Northwestern comer of Lot 45 as said lot is shown
on the map entitled "Subdivision of Portion of Hugh Porter Prop., Green-
brae-Marin Co.-Cal.," etc., filed August 9, 1939, in Volume 2 of Li-
censed Surveys, at page 93, Marin County Records; running thence along
the Western line of said Lot 45 along the exterior boundary line of said
subdivision the following three courses: South 6° 58' 00" East, 203.39
feet. South 70° 11 ' 00" East, 227.00 feet and South 2° 41 ' 40" West,
102.00 feet; thence South 2° 41 ' 40" West, 30.07 feet;
thence North 89° 10' 00" East 28.94 feet;
thence South 77° 45 ' 00" East 47.83 feet;
thence South 61° 18' 00" East 55.34 feet;
thence South 74° 38 ' 00" East 81 .22 feet;
thence South 62° 37' 00" East 23.33 feet;
thence South 27° 00' 00" East 7.69 feet;
thence South 12° 57' 58" West 52.38 feet;
Page 548
Register 93, No. 35; 8-27-93
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
thence along the arc of a tangent curve to the left with a radius of 80.00
feet, through an angle of ]87o 08' 58", for a distance of 261.31 feet to
the direct extension produced Southwesterly of the Western line of Lot
83 as said lot is shown on said map; thence along said extension of the
last said Western line North 49° 00' 00" East 73.39 feet to the South-
western comer of said Lot 83; thence along the exterior boundary of said
lot and subdivision the following eleven (11) courses to the point of be-
ginning:
South 74° 46' 00" East 86.53 feet;
North 040 25 ' 00" West 1 19.64 feet;
South 85° 35 ' 00" West 397.92 feet;
South 85° 45 ' 00" West 499.76 feet;
South S0° 48' 30" East 146.94 feet;
North 05° 1 3 ' 00" West 1 76. 1 6 feet;
South 85° 45 ' 00" West 639.91 feet;
South 85° 35 ' 00" West 259.12 feet;
North 71° 00' 00" West 357.00 feet;
North 56° 12' 00" West 301.01 feet;
North 51° 01 ' 20" West 303.05 feet; and
South 06° 58 ' 00" West 234.00 feet; to the
point of beginning; EXCEPTING THEREFROM the following de-
scribed parcel of land:
BEGINNING at the Southwestern corner of Lot 83 as said lot is shown
on said map referred to hereinabove; running thence along the Western
line of said lot, North 5° 49' 00" East; thence North 30° 54' 00" East
222.69 feet to the Northern boundary line of said subdivision referred to
hereinabove; thence along the last named line North 71° 00' 00" West
32.70 feet; thence South 30° 54' 00" West 223.07 feet to an angle point
in the Eastern line of Lot 57 as said lot is shown on said map referred to
hereinabove; thence along the last named line and along the general
Southern boundary line of said subdivision the following ten (10)
courses:
South 05° 49 ' 00" West 72.94 feet;
South 12° 30' 00" West 90.00 feet; along the
arc of a tangent curve to the right with a radius of 38.00 feet, through an
angle of 169° 1 1 ' 30" , for a distance of 1 12.21 feet;
North 01° 41 ' 30" East 74.67 feet;
North 27° 00' 00" West 25.00 feet;
North 62° 37' 00" West 36.12 feet;
North 74° 38' 00" West 81.14 feet;
North 62° 18' 00" West 56.17 feet;
South 89° 10' 00" West 30.53 feet; to the
Southwestern comer of Lot 49 as said lot is shown on said map referred
to hereinabove;
thence South 02° 41'
thence North 89° 10'
thence South 77° 45 '
thence South 62° 18'
thence South 740 38'
thence South 62° 37'
thence South 27° 00'
thence South 12° 57'
40" West
00" East
00" East
00" East
00" East
00" East
00" East
58" West
30.06 feet
28.94 feet
47.83 feet
55.34 feet
81.22 feet
23.33 feet
7.69 feet
52.38 feet
thence along the arc of a tangent curve to the left with a radius of 80.00
feet, through an angle of 187° 08' 58", for a distance of 261.31 feet to
a line drawn South 5° 49 ' 00" West from the point of beginning; thence
North 5° 49 ' 00" East 73.39 feet to the point of beginning.
Appendix C
Notice of Exemption from Marsh Development
Permit Requirement
Pursuant to California Public Resources Code Section 29508(d), the
following described property is exempt from the necessity of obtaining
a marsh development permit for any marsh developments completely lo-
cated within the following property:
1. Parcel K as shown on the Record of Survey entitled "Survey of the
Lentz-Sweet-Hill-Anderson-Waldlow Properties," filed on October
11,1 967 in the Office of the Recorder of Solano County, California, in
Book 10 of Surveys at page 57.
Note: Authority cited: Sections 29201(e) and 29508(d), Public Resources Code.
Reference: Section 29508(d), Public Resources Code.
History
1 . New Appendix C filed 12-7-83; effective thirtieth day thereafter (Register 83,
No. 50).
Page 549
Register 2000, No. 28; 7-14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix D
BCDC Application Form
March 16, 2000
Box 1
Applicant Information
a. PROPERTY OWNER:
Name:
b. OWNER'S REPRESENTATIVE:
Name:
G None
Address:
Address:
City, State, Zip: _
Telephone: L
fee L
City, State. Zip: _
Telephone: l_
Fax:.
AffiTiat'ion to AppBcant:
/ hereby authorize
to act as my representative and bind me in all matters corKeming this application.
Signature of Owner
c. APPLICANT:
Name:
Address:
Date
d. APPLICANT'S REPRESENTATIVE: Q None
Name:
Address:
City, State, Zip: _
Telephone: L
Fax: L
City. State. Zip: _
Telephone: L
Fax:.
Affiliatbn to Applicant:
/ hereby authorize
to act as my representative and bind me in all matters concerning this application.
Signature of Applicant
e. CO-APPLICANT:
Name:
Q None
Address:
City. State. Zip: _
Telephone: /_
Fax: /
f.
Date
CO-APPLICANT'S
Name:
REPRESENTATIVE:
□
None
Address:
City. State. Zip:
Telephone: /
Affiliation to Appficant:
Fax: /
/ hereby authorize
to act as my representative and bind me in all matters concerning this application.
Signature of Co-Applicant
Date
BCDC Application Fomi 1
Page 550
Register 2000, No. 28; 7-14-2000
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Box 2
Certification of
Accuracy of Information
ttmwbfomiHf urdmpmrmhf ofptfjuryttatlo #>• bmt of my knowhdo^ tht hhrmabon in t>i$ aopScation Mnd Mil anchBd axhbia k k4, ocmpMK and
oenwet*ndlurid9nmtdtmtmrnm»tatmrmitoromistk>nofth0t9e^mmdlrrfofmabo^
tor denying ^ptrmit, for tupandhg or making a p«mitiuued on i)0t^sa of these or aub6^^
and further reM at may teem proper to the Commission.
SIgnatur* ot Ownor or Ownor's Roprosentativa
SlQnaturt of Applicant or Applicant's Roprtsontativo
SiQnaturt of Co-applicant or Co-applicant's Representative
Date
Date
Date
Box 3
Project Information
a. Project Name:
b. Project Description:
e. Date work is
expected to begin:
Date Work is
expectQd to be completed:
d. Does the project Involve developnrient within the primary management area of the Suisun Marsh ?
Q Yes Q No
U"Yes," provide any relevant duck club number(s): ______^
d. Does the project involve the placement of fill of any type In San Francisco Bay or within the primary
management area of the Suisun l^arsh , a salt pond, a managed wetland, or a certain waterway ?
Q Yes Q No
If "Yes," complete Box 5.
f. Does the project involve development within the 1 00-foot shoreline band around San Francisco Bay ?
Q Yes Q No
If "Yes," complete Box 6.
g. Does the project involve dredging or the disposal of dredged material in San Francisco Bay, in the primary
management area of the Suisun Marsh, in a salt pond, wetland or certain watenvay ?
Q Yes Q No
If "Yes," complete Box 8.
h. Total Project Cost
L Processing Fee:
BCDC ApplkJation Form 2
Page 551
Register 2000, No. 28; 7-14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Box 4
Total Project and Site Information
a. Project Street Address:
b. City, County. State, Zip:
C;. Assessor's Parcel
Numbers):
d. ID number(s) of previous
BCDC permit(s) issued for
work on this site:
e. Length of shoreline
on the project site:
f . Length of shoreline
of any adjacent property
owned by the owner
of the project site:
g. Approximate total size of
project site (including
areas outside BCDC's
jurisdiction):
h. Area resen/ed for
non-public access uses:
I Area reserved for
public access:
j. Total size of underwater
and tidal areas of the
project site:
feet
feet
square feet
square feet
square feet
square feet
K, INFORMATION ABOUT THE TOTAL PROJECT AND SITE TO BE PROVIDED IN AN ATTACHMENT:
1. Please describe the existing condition of the site, including the present elevations, current vegetation,
existing structures and use of the site.
2. Please describe the area, in square feet, within the total project site that will be used each for
(1) structures, roads, and parking; (2) landscaping; and (3) left undeveloped.
3. Please indicate whether the project will involve the release of pollutants or have the potential for
accidental pollutant discharge into the Bay.
4. Please identify any suspected or known sites of toxic contamination on or in proximity to the project site,
and provide the following information: (a) identify the types of pollutants present; (b) show the location
of the pollutants on the site plan; (c) describe the extent to which the pollutants are accessible to
humans, fish, wildlife or vegetation, or are moving offsite; and (d) steps being taken (including
government actions) to control or clean up the pollutants.
BCDC Application Fomri 3
Page 552
Register 2000, No. 28; 7-14-2000
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Box 5
Bay Fill Information
("Fill* means earth or any other substance or material, including pilings or structures placed on
pilings, and structures floating at some or all tinr^es and moored for extended periods, such as
houseboats and floating docks.)
a. Total volume of solid fill to be placed in water or marsh areas:
b. Area to be covered with solid fill:
c. Area to be covered whh f bating fill:
d. Area to be covered with pile-supported fill:
e. Area to be covered with cantilevered fill:
f . Total area to be filled:
g . Of the total area specified in "g".
open water area to be filled:
h. Tidal marsh or wetland area to be filled:
i. Salt pond area to be filled:
). Managed wetland area in the primary management
area of the Suisun Marsh to be filled:
k. Other managed wetland area to be filled:
I. Area on new fill to be reserved for private, commercial,
or other uses:
m . Area on new fill to be reserved for public access:
cubic yards
square feet
square feet
square feet
square feet
square feet
square feet
square feet
square feet
square feet
square feet
square feet
square feet
n. What is the basic purpose of the new fill in the Bay. salt pond, managed wetland, or certain watemay?
o. INFORMATION REGARDING FILL TO BE PROVIDED IN AN AHACHMENT:
1. Please specify the area of fill, in square feet, proposed to be covered by structures; used for roads;
used for parking; used for pathways and sidewalks; covered with landscaping; used for piers, docks, and
other maritime- related purposes; placed for shoreline protection; and used for other purposes (specify
uses).
2. Please provide dimensions of portions of all structures to be built on new fill, including length, width,
area, height and number of stories.
3. Please provide one or more photographs of existing shoreline conditions.
(Continued on Page 5)
BCDC Application Form 4
Page 553
Register 2000, No. 28; 7-14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(Box 5, Bay Fill Information, continued)
p. PROVIDE THE FOLLOWING INFORMATION TO JUSTIFY THE PROPOSED FILL:
1 . The Commission can approve new fill for only five purposes: (1 ) accommodating a water-oriented use; (2) improving
shoreline appearance; (3) providing new public access to the Bay; (4) accommodating a project that is necessary to
the health, safety, or welfare of the public in the entire Bay Area; and (5) accommodating a project that is consistent
with either: (1) the Suisun Marsh Preservation Act and the Suisun Marsh Protection Plan; or (2) the Suisun Marsh
Local Protection Program. Please explain how the project is consistent with one or more of these purposes.
2. Please explain:
(a) what possible effects the proposed fill would have on the Bay Area, such as: (1) any impact on the volume of Bay
waters, on Bay surface area, or on the circulafion of Bay water; (2) any impact on water quality; (3) any impact on
the fertility of marshes or fish or wildlife resources; and (4) any impact on other physical conditions that exist within
the area which would be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, or
objects of historic or aesthetic significance; and
(b) how the nature, locafion, and extent of the proposed fill would minimize any possible harmful condiUons or effects.
3. Please explain (a) why the fill proposed is the minimum amount necessary; and (b) why there is no alternative upland
location for the project that would avoid the need for Bay fill.
4. If the fill is to be used for improving shoreline appearance or providing new public access to the Bay, please explain
why it is physically impossible or economically infeasible to accompUsh these goals without filling the Bay.
5. Please explain how the fill will result in a stable and permanent shoreline.
6. Please explain the steps that will be taken to assure that the project will provide reasonable protecdon to persons and
property against hazards of unstable geologic or soil conditions or of flood or storm waters.
7. Please provide the names, addresses, and telephone numbers of any licensed geologists, engineers, or architects in-
volved in the project design who can provide technical information and certify to the safety of the project.
8. Please describe in detail the anticipated impacts of the fill on the tidal environment, describe how these impacts will
be addressed or mitigated, and explain how the public benefits of the project would exceed the public detriment from
the loss of water area or marshlands.
9. For marina projects, please indicate how many berths, if any, are to be made available for live-aboard boats and ex-
plain how these live-aboard boats will contribute to public trust purposes.
10. Please identify any other specific policies of the McAteer-Petris Act (California Government Code Title 7.2, especial-
ly Section 66605), the Suisun Marsh Preservation Act (California Public Resources Code Sections 29000-29612),
the San Francisco Bay Plan and the Suisun Marsh Preservation Plan, and the Commission's regulations regarding mi-
nor fill for improving public access and shoreline appearance, that are relevant to and offer support for the project and
explain how the project is consistent with these policies.
BCDC Applicafion Form 5
Page 554
Register 2000, No. 28; 7-14-2000
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Box 6
Shoreline Band Information
("Shoreline band" means the land area lying between the Bay shoreline and a line drawn parallel to
and 100 feet from the Bay shoreline. The Bay shoreline is the Mean High Water Line, or five feet
above Mean Sea Level in marshlands.)
a. Types of activities to be undertaken or materials to be placed within the shoreline band:
b. Will the project be located within a water-oriented priority use area that is designated in the San Francisco Bay
Plan?
Q Yes Q No
If "No," go to section (c).
If "Yes," please Indicate which priority use the area Is reserved for
Will the project use be consistent with the priority use for which the site is reserved?
G Yes Q No
If "Yes," go to section (c).
if "No," please attach an explanation of how the project can be approved despite this inconsistency.
c. Total shoreline band area within project site: square feet
d. Area within shoreline band to be reserved for
non-public access uses:
e. Area within shoreline band to be reserved for public access:
square feet
square feet
f. INFORMATION ABOUT THE SHOREUNE WORK TO BE PROVIDED IN AN AHACHMENT:
1. Please describe the area, in square feet, to be covered by structures; used for roads; used for parking;
used for pathways and sidewalks; covered with landscaping; used for shoreline protection; and used for
other purposes (specify uses).
2. Please identify the total number of parking spaces; in the project and within the shoreline band.
3. Please provide dimensions of portions of all structures to be built within the shoreline band, including
length, width, area, height, and number of stories.
BCDC Application Form 6
Page 555
Register 2000, No. 28; 7-14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Box 7
Public Access Information
a. Does public access to the shoreline or do views to the Bay presently exist on the project site or on a
contiguous property?
□ Yes □ No
If "Yes," please attach a description of the public access. If "No," explain what is preventing public access to
the shoreline.
b. Will the project block public views of the Bay or adversely impact present or future public access to the
shoreline?
□ Yes □ No
Please describe why the project will or will not affect public views or public access to the shoreline. For most
large projects, identify: (1) the existing number of people or employees using the site; and (2) the existing
number of cars, bicycles, and pedestrians visiting the site and the level of service of all nearby roads leading to
the site. Please describe how the project will change these factors. Please describe the impact the project is
expected to have on the existing use of the site and on existing public views or physical public access at the
site. Please describe the impact the project is expected to have on the public's use of existing nearby parks,
public access, public parking and other recreational areas on the shoreline and the roads leading to the site.
c. Do public safety considerations or significant use conflicts make it infeasible to provide new public access to the
shoreline on the project site?
□ Yes Q No
If "Yes," please attach a description of the public safety considerations or significant use conflicts which make it
infeasible to provide public access at the project site and either (1) identify an offsite area where public access
to the shoreline is to be provided as part of the project and describe the proposed public access at a specified
offsite location, or (2) provide an explanation as to why no offsite public access is proposed as part of the
project.
d. SUMMARIZE THE PUBLIC ACCESS TO BE PROVIDED AS PART OF THE TOTAL PROJECT:
1. Total amount of public access: square feet
2. Length of waterfront public access area: feet
3. Number of parking spaces for public access area:
4. Area and width reserved for view corndor(s): square feet
e. DETAILED INFORMATION ABOUT PUBLIC ACCESS TO BE PROVIDED IN AN AHACHMENT:
Please describe, in square feet, length and width, when appropriate, the existing and proposed public access
areas and improvements, including areas used for decks, piers, pathways, sidewalks, landscaping, parking,
and other public features. Please describe how the public access area facilities would be accessible to
handicapped persons. Please describe the connections to existing public streets or offsite public pathways.
Specify how the public access wi'! be permanently guaranteed (e.g., dedication, deed restriction, etc.).
BCDC Application Form 7
Page 556
Register 2000, No. 28; 7-14-2000
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Box 8
Dredging Information
a. Puipose of the dredging:
b. Method of dredging:
e.
f.
9°
J.
k.
Volume of material to be dredged from open waters,
sloughs, creeks or tidal marshes:
Volume of material to be dredged from
managed wetlands in the
primary management area of the Suisun Marsh:
Total volume of material to be dredged:
Size of the area from which material will be dredged
in open waters, sloughs, creeks or tidal marshes:
Size of the area from which nr^terlal will be dredged
in managed wetlands in the primary management area
of the Suisun Marsh:
Total size of area to be dredged:
Location(s} where dredged material will be disposed:
Total volume of material to be disposed:
Estimated future maintenance
dredging required annually:
cubic yards
cubic yards
cubic yards
square feet
square feet
square feet
cubic yards
cubic yards
ADDITIONAL INFORMATION TO BE PROVIDED IN AN AHACHMENT:
1.
3.
If the dredged material is to be disposed of in the Bay, please explain why the material cannot be
disposed of in the ocean, upland, or inland out of the Commission's jurisdiction.
Please describe the type of investigations that have been or will be carried out regarding the nature
and content of the dredged material.
Please provide a copy of a water quality certification, waiver of water quality certification or waste
discharge requirements for the dredging or disposal of dredged material from the California Regional
Water Quality Control Board. San Francisco Bay Region.
BCDC Application Form 8
Page 557
Register 2000, No. 28; 7-14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
1
(
Sovernment Approvals
Q None Required
n
1 Box9
Required Type of Date Approval
YES NO Approval Expected
Agency Contact
and Phone Mumber
Relevant Local
Government
Approval(8):
State Lands
Commission:
Regional Water
Quality
Control Board:
U.S. Army Corps
of Engineers:
California Dept.
of Fish and Game:
Other (Specify):
G
Yes
□
Yes
□
Yes
G
Yes
□
Yes
□
Yes
Q
Yes
□
Yes
Q
No
Q
No
Q
No
Approval Number
Q
No
Public Notice Number:
□
No
□
No
□
Federal Funding:
No
Q
No
BCDC Application Fomri 9
Page 558
Register 2000, No. 28; 7-14-2000
Title 14 San Francisco Bay Conservation and Development Commission § 11721
Box 10
Public Notice Information
a. Owners and residents of ail properties located within 1 00 feet of the project site:
North:
Name:
Address: ___^
City, State, Zip:
Telephone: [ Z__
South:
Name:
Address:
City, State, Zip:
Telephone: [ L-
East:
Name:
Address:
City, State, Zip:
Telephone: / /
West:
Name:
Address:
City, State, Zip:
Telephone: /_
b. Other persons known to be interested in this project: Q None
Name:
Address:
City, State. Zip:
Telephone: /
Name:
Address:
City. State, Zip:
Telephone: /
BCDC Application Form 10
Page 559 Register 2000, No. 28; 7- 14-2000
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Box 11
Environmentai Impact Documentation
a. Is the project statutorily exempt from the need for any environmental documentation?
G Yes G No
If "Yes," please attach a statement supporting this statutory exemption.
b. Is the project categorically exenpt from the need for any environmental documentation?
Q Yes Q No
If "Yes." please attach a statement from the lead agency supporting this categorical exemption.
c. Has a government agency other than BCDC, serving as the lead agency, certified a "negative declaration" on
the project?
□ Yes □ No
If *Yes," please attach a copy of the certified negative declaration. If "No," please provide sufficient
information to allow the Commission to make the necessary findings regarding all applicable policies. The
certified document must be submitted prior to action on the permit; see Regulation Sections 10516 and
10625.
d. Has a government agency other than BCDC, serving as the lead agency, certified an environmental impact
document on the project?
Q Yes G No
If "Yes," please attach copies of the certification and of the document. Also please provide a summary of the
document if It is longer than 10 pages. If "No," please provide sufficient Information to allow the Commission
to make the necessary findings regarding all applicable policies. The certified document must be submitted
prior to action on the permit; see Regulatbn Sections 10516 and 10625.
Box 12
Disclosure of Campaign Contributions
The following contributions of $250 or more were made by the applicant or applicant's agent to a BCDC com-
missioner or commissioner's alternate in the preceding twelve nrwnths to support the commissioner's or alter-
nate's campaign for election to a local, state or federal office.
Contribution Made To:
Contribution Mode By:
Dote of Contribution:
Q No such contributions have been made.
BCDC Application Form 1 1
Page 560
Register 2000, No. 28; 7-14-2000
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
y
Application Checklist
/
Q Application Form:
Major Pt^.'rn 111
and signed oiigir^af
AUinir»i6l[Otivo
Permil
One lully completed
and signed ordinal
Permit
• ■ = . .:\ I,- .;■ 'i':y-
On»tti])ytottipE»t6d
and eloW6d brig 1(1^
II iiUiil;* *»Hwi^tMiH¥i^tW-^;^4**4
H¥t^
V~\ Lorg* Seal*
^^ Prolftcl Sito Wan
. . .* -' -M >i ■ I ■ ■ I • I 1'1^^
.• = "i ..-• K-,}i\ \ I ■tI'V V
,:Cna=<iOt?yM f'V"j|
it;L.ii..ii hi iiii. iitntMiip*
One copy
^♦rnnfft
ProC*»1ng F»«
$-l50-$5,0OO
o
P«deral
Corii[»t*ney
l^rocvsslng F»*
^i^^ ^•
1,1.. I,' V 1 >
None
4 -".s (''•I'f.i I .'1"'il'^'■:■?•
>i^ 'oil/ ll^'Mltl^''-
* Additional drawings are naeded for projects that are evaluated by the Commission's
Design R^^/to^M Board 6r Engineering Criteria Rsvlew Board-
^^Please provide tf available; otherwise the Lead Agency's certified document must b«
submitted before action on the permit - see Heoulatlon Sections 1051$ and 10625
The provisions of this form are self-explanatory and no other instructions are applicable.
Note: Authority cited: Sections 66632, Government Code; and Section 29201 (e).
Public Resources Code. Reference: Sections 65940-65942, 66605, 66632(b) and
(0 and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160
and 29520, Public Resources Code; and the San Francisco Bay Plan.
History
1. New Appendix D filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of appendix and new Note filed 2-2-98; operative 3-4-98 (Regis-
ter 98, No. 6).
3. Amendment of appendix and Note filed 7-11-2000; operative 7-11-2000
(Register 2000, No. 28).
[The next page is 569.]
Page 561
Register 2000, No. 28; 7-14-2000
Title 14 San Francisco Bay Conservation and Development Commission § 11721
Appendix E
NOTICE
DATE POSTED: 19
NOTICE IS HEREBY GIVEN THAT
HAS SUBMITTED AN APPLICATION TO THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COM-
MISSION REQUESTING A PERMIT TO (brief description of work and uses)
AT A PROPERTY KNOWN AS (address or other property description)
PERSONS INTERESTED IN THE PROJECT PROPOSED IN THE APPLICATION MAY REQUEST FURTHER INFOR-
MATION AND NOTICE OF ANY HEARINGS BY WRITING TO THE COMMISSION
AT THIRTY VAN NESS AVENUE, SUITE 2011, SAN FRANCISCO, CALIFORNIA 94102, OR BY TELEPHONING (415)
557-3686. THE APPLICATION AND ANY SUPPLEMENTARY MATERIALS MAY BE REVIEWED AT THE COMMIS-
SION'S OFFICES. MEMBERS OF THE PUBLIC MAY COMMENT ON THE PROJECT PROPOSED IN THE APPLICA-
TION. COMMENTS SHOULD BE SUBMITTED TO THE COMMISSION'S OFFICES IMMEDIATELY.
CERTIFICATION OF POSTING OF NOTICE
San Francisco Bay Conservation
and Development Commission
Thirty Van Ness Avenue, Suite 2011
San Francisco, California 94102
RE:
(brief description of project)
I , hereby certify
(name of applicant or agent)
that on , I or my agent or employee posted in a prominent location at or near the project
(date)
site the Notice of Application provided by the San Francisco Bay Conservation and Development Commission.
Date: By:
(Signature)
Title:
(Title)
History
New Appendix E filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Amendment filed 4-1 8-90; operative 5-18-90 (Register 90, No. 18).
Page 569 Register 98, No. 5; 1-30-98
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Appendix F
Application Exhibits
The following information must be included as exhibits to an application. Failure to include all the required information will prevent an application
from being filed.
Proof of Legal Interest
It is necessary for the applicant of the land owner to have adequate legal interest in the underlying property to carry out the project and com-
ply with any conditions that may be a part of the Commission's approval. This legal interest must be one of the following:
• A fee interest that allows the proposed activity.
• A sufficient easement that allows the proposed activity.
• A leasehold whose remaining period of occupancy is long enough to provide a reasonable amortization period for the proposed project and
whose terms allow construction and use of the proposed project.
• An enforceable option if the property owner is a co-applicant.
• The authority and commitment to acquire the property by eminent domain.
If the applicant is a public agency, corporation, partnership or other legal entity, evidence must be provided to ensure that the person who
signs the application is empowered to represent and make commitments on behalf of the organization submitting the apphcation. To accomplish
this, such applications must include either a resolution authorizing the person who signs the application to represent and bind the applicant or
bylaws which establish that the person who signs the application holds a position that is empowered to act on behalf of the legal entity. Corpo-
rate resolutions must be from the corporation's board of directors. Public agency resolutions must be from the city council, board of supervisors
or similar highest policy body which governs the organization.
To establish that the applicant or co-applicant has adequate legal interest in the property on which the project is to be built, it is necessary for
the application to include a property map and either a recently issued title repon. a copy of a grant deed (both of which must include a map and a
metes and bounds description) or other information of similar accuracy and reliability to show that the applicant or co-applicant holds the inter-
est in the project site. An applicant for a project that involves the placement of fill in San Francisco Bay for purposes other than shoreline protec-
tion or the repair of existing structures must provide a tide report or other acceptable documentation that is no more than two years old.
The property map (or maps) must either be a copy of an official parcel map obtained from a county assessor's office annotated as follows or a
specially prepared map showing the following:
• All property lines, easement lines, and current assessor parcel numbers for the property on which the project will occur.
• A metes and bounds description for all property lines and easement lines.
• A north arrow, graphic scale, project name, the shoreline, an identification of the exhibit as a property map, the date of the plan's preparation,
and the name, address, and telephone of the person who prepared or annotated the map.
Plans and Maps
Every application must include a vicinity map and a project site plan.
The vicinity map must be either an 8-1/2" x 11" portion of a United States Geological Survey topographical map (7.5 minute series) or a
similar 8-1/2" x 11" map which shows the project site in relation to the shorehne, major roadways, and other landmarks.
The project site plan must be at a scale which allows the details of the proposed project to be adequately illustrated. The plan (or set of plans if
all the information cannot be shown on one drawing) must show exactly the nature, scope and location of the proposed work and clearly distin-
guish between existing and proposed conditions. The plan must include all of the following specific elements:
• The shoreline.
• A line 100 feet inland from the shoreline.
• Any salt ponds, managed wetlands, marshes or mudflats on the project property.
• Property lines.
• Location and names of nearby roads, streets or highways.
• All major utilifies.
• Existing control points, important geographic, topographic or physical features, and all major fixed objects and structures on the project site.
• Existing and proposed topography, including especially the existing and proposed top and toe of the bank if solid fill, excavation or dredging
is proposed in the application.
• ExisUng and proposed improvements.
• Exisfing and proposed building elevations.
• Existing and proposed public access areas, including any areas that will be reserved for pubUc access as part of the project development and
any improvements that are proposed to be made in the public access area, such as parking, landscaping, pathways, benches, etc.
• A north arrow, graphic scale, project name, an identification of the exhibit as a project site plan, the date of the plan's preparation, and the
name, address and telephone number of the person who prepared the plan.
Page 570 Register 98, No. 5; 1 -30-98
Title 14 San Francisco Bay Conservation and Development Commission § 11721
In addition to providing a large scale project site plan, applicants for major projects must also provide seven high quality copies of an 8-1/2" x
11 " reduction of the site plan. Applicants for minor repairs or improvements or routine maintenance projects need to provide only one high quality
8-1/2" X 11" reduction of the project site plan.
In some cases, instead of providing high quality 8-1/2" x 11" reductions that are suitable for reproduction, applicants may furnish 235 copies
of exhibits of another size. Applicants should consult with the Commission's staff to determine if this option is appropriate.
Environmental Documentation
The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) require that the environmental im-
pacts of a proposed development be assessed before any permit is granted for the project. These laws include specific exemptions for activities
that have insignificant environmental impacts. If the project is covered by one of these exemptions, a brief statement must be provided to docu-
ment this statutory exemption and cite the statutory section exempting the project. If available, this statement should be the environmental deter-
mination by the lead agency.
Similarly, other activities fall within categories that do not require the preparation of environmental impact documentation. If the project is
covered by one of these exemptions, a statement must be provided to document this categorical exemption and cite the regulation section ex-
empting the project. If available, this statement should be the environmental determination by the lead agency.
If another government agency has certified a "negative declaration" on the project, a copy of the declaration prepared in accordance with
NEPA must be included with the application, and a copy of the declaration prepared in accordance with CEQA may be included with the appli-
cation.
If the project requires the preparation of an environmental impact document to comply with NEPA, the document certified by the lead agency
must be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be
included with an application for a major project.
If the project requires the preparation of an environmental impact document to comply with CEQA, the lead agency's certification and the
document may be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages
must be included with an application for a major project. Note that when the certification and document are not submitted with the apphcation,
they must be submitted before the Commission considers and takes action on the application; see Sections 10516 and 10625.
History
1. New Appendix F filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
3. Amendment of Environmental Documentation secdon filed 1-26-98; operative
2-25-98 (Register 98, No. 5). -?
Page 571 Register 98, No. 5; 1-30-98
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Appendix G
.--_„-.,- 37. No.
2. Repealer filed 4-18-90; operative 5-18-90 (Register 90, No. 1
History 3. Editorial correction restoring History 1 and adding History 2 (Register 95,
1. New Appendix G filed 5-18-87; operative 6-17-87 (Register 87, No. 30). No. 17).
Appendix H
Violation Report/Complaint for the Administrative
Imposition of Civil Penalties
FAILURE TO RESPOND TO THIS VIOLATION REPORT/ COMPLAINT FOR THE
ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES BY COMPLETING THE
ENCLOSED STATEMENT OF DEFENSE FORM AND ENCLOSING ALL PERTI-
NENT DECLARATIONS UNDER PENALTY OF PERJURY, PHOTOGRAPHS, LET-
TERS, AND OTHER WRITTEN DOCUMENTS COULD RESULT IN A CEASE AND
DESIST ORDER, A PERMIT REVOCATION ORDER, OR A CIVIL PENALTY ORDER
BEING ISSUED TO YOU OR IN A SUBSTANTIAL ADMINISTRATIVE CIVIL PEN-
ALTY BEING IMPOSED ON YOU WITHOUT YOUR HAVING AN OPPORTUNITY TO
CONTEST THEM OR TO INTRODUCE ANY EVIDENCE.
The San Francisco Bay Conservation and Development Commission is issuing this
violation report /complaint for the administrative imposition of civil penalties and the
enclosed statement of defense form because the Commission's staff believes that you may
be responsible for or involved with a possible violation of either the Commission's laws
or a Commission permit. The report contains a brief summary of all the pertinent infor-
mation that staff currently has concerning the possible violation and references to all
pertinent evidence that the staff currently relies on. All the evidence that this report
refers to is available in the enforcement file for this matter located at the Commission's
office. You can arrange to review these materials at the Commission's office or to have
copies made at your expense or both by contacting of the Commis-
sion's staff at telephone number 415-557-3686. The staff also intends that the report inform
you of the nature of the possible violation so that you can fill out the enclosed Statement
of Defense form and otherwise be prepared for the Commission enforcement proceed-
ings.
Receipt of the report and the enclosed statement of defense form is the first step in
formal Commission enforcement proceedings. Subsequently, either the Commission or
its enforcement committee may hold an enforcement hearing and the Commission will
determine what, if any, enforcement action to take.
Careful reading and a timely response to these materials is essential to allow you to
present your side of the case to the Commission. A copy of the Commission's enforcement
regulations is also included so that you can fully understand the Commission's enforce-
ment procedures. If you have any questions concerning either the violation report, the
enclosed statement of defense form, the procedures that the Commission and its enforce-
ment committee follow, or anything else pertinent to this matter, you should contact as
quickly as possible of the Commission's staff at tele-
phone number 415-557-3686. Thank you for your cooperation.
1. Person or persons believed responsible for illegal activity:
2. Brief description of the nature of the illegal activity:
3. Description of and location of property on which illegal activity occurred:
Page 572 Register 98, No. 5; 1-30-98
Title 14 San Francisco Bay Conservation and Development Commission § 11721
4. Name of owner, lessee (if any) , and other person (s) (if any) who controls property
on which illegal activity occurred:
5. Approximate date (and time if pertinent and known) illegal activity occurred:
6. Summary of all pertinent information currently known to the staff in the form of
proposed Hndings with references to all pertinent supjxirting evidence contained in the
stafTs enforcement file (the file is available at the Commission's offices for your review;
you should call the above listed staff enforcement officer to arrange to review the file) :
7. Provisions of law or Commission permit that the staff alleges has been violated:
8. If the staff is proposing that the Commission impose an administrative civil penalty
as part of this enforcement proceeding, the amount of the proposed penalty:
9. Any other statement or information that the staff believes is either pertinent to the
alleged violation or important to a full understanding of the alleged violation:
HISTORY:
1. New Appendix H filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
Page 573 Register 96, No. 32; 8-9-96
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Appendix I
Statement of Defense Form
FAILURE <1) TO COMPLETE THIS FORM, (2) TO INCLUDE WITH THE COM-
PLETED FORM ALL DOCUMENTS. DECLARATIONS UNDER PENALTY OF PER-
JURY. AND OTHER EVIDENCE YOU WANT PLACED IN THE RECORD AND TO
BE CONSIDERED BY THE COMMISSION. (3i TO LIST ANY WITNESSES WHOSE
DECLARATION IS PART OF THE STAFF'S CASE AS IDENTIFIED IN THE VIOLA-
TION REPORT THAT YOU WISH TO CROSS-EXAMINE, THE AREA OF KNOWL-
EDGE ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE WITNESS, AND THE
INFORMATION YOU HOPE TO ELICIT BY CROSS-EXAMINATION, AND (4) TO
RETURN THE COMPLETED FORM AND ALL INCLUDED MATERIALS TO THE SF
BAY COMMISSION STAFF OR TO CONTACT OF THE SF BAY
COMMISSION ENFORCEMENT STAFF BY , 19 MEANS THAT THE
COMMISSION CAN REFUSE TO CONSIDER SUCH STATEMENTS AND EVIDENCE
WHEN THE COMMISSION HEARS THIS MATTER.
DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR
WITH THE SF BAY COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE
COMPLETED AND RETURNED THIS FORM. ADMINISTRATIVE OR LEGAL EN-
FORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INITIATED AGAINST
YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM
WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BE USED
AGAINST YOU.
YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE YOU
COMPLETE THIS FORM OR OTHERWISE CONTACT THE SF BAY COMMISSION
ENFORCEMENT STAFF.
This form is enclosed with a violation report. The violation report indicates thiat you
may be responsible for or in some way involved in either a violation of the Commission's
laws, a Commission permit, or a Commission cease and desist order. The violation report
summarizes what the possible violation involves, who may be responsible for it, where
and when it occurred, if the Commission staff is proposing any civil penalty and, if so, how
much, and other pertinent information concerning the possible violation.
This form requires you to respond to the alleged facts contained in the violation report,
to raise any affirmative defenses that you believe apply, to request any cross-examination
that you believe necessary, and to inform the stajff of all facts that you believe may
exonerate you of any legal responsibility for the possible violation or may mitigate your
responsibility. This form also requires you to enclose with the completed statement of
defense form copies of all written documents, such as letters, photographs, maps, draw-
ings, etc. and written declarations under penalty of perjury that you want the Commission
to consider as part of this enforcement hearing. This form also requires you to identify
by name any person whom you may want to cross-examine prior to the enforcement
hearing on this matter, the area of knowledge that you want to cover in the cross-
examination, the nature of the testimony that you hope to elicit, and the reasons that you
believe other means of producing this evidence are unsatisfactory. Finally, if the staff is
only propiosing a civil penalty, i.e., no issuance of either a cease and desist order or a
permit revocation order, this form allows you alternatively to pay the proposed fine
without contesting the matter subject to ratification of the amount by the Commission.
IF YOU WANT TO CROSS-EXAMINE ANY PERSON ON WHOSE TESTIMONY THE
STAFF HAS RELIED IN THE VIOLATION REPORT, YOU MUST COMPLETE PARA-
GRAPH SEVEN TO THIS STATEMENT OF DEFENSE FORM. THIS PARAGRAPH
REQUIRES YOU TO SET OUT (!) THE NAME(S) OF THE PERSON (S) YOU WANT
TO CROSS-EXAMINE, (2) REFERENCES TO ANY DOCUMENTS ABOUT WHICH
YOU WANT TO CROSS-EXAMINE THE PERSON. (3) THE AREA OF KNOWLEDGE
Page 574 Register 96, No. 32; 8-9-96
Title 14 San Francisco Bay Conservation and Development Commission § 11721
ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE PERSON, (4) THE INFOR-
MATION THAT YOU BELIEVE CAN BE ELICITED BY CROSS-EXAMINATION,
AND (5) THE REASON WHY YOU BEUEVE THIS INFORMATION CANNOT BE
PRESENTED BY DECLARATION OR OTHER DOCUMENT.
You should complete the form as fully and accurately as you can and as quickly as you
can and return it no later than 35 days after its having been mailed to you to the
Commission's enforcement staff at the following address:
San Francisco Bay Conservation and Development Commission
30 Van Ness Avenue, Suite 2011
San Francisco, California 94102
If you believe that you have good cause for not being able to complete this form within
35 days of its having been mailed, please complete it to the extent that you can and within
35 days of the mailing of the violation report send the statement of defense form com-
pleted as much as possible with a written explanation of what additional information you
need to complete the form in its entirety, how long it will take to obtain the additional
information needed to complete the form, and why it will take longer than 35 days to
obtain the additional information, and send all of this to the Commission's staff at the
above address. Following this procedure does not mean that the Executive Director will
automatically allow you to take the additional time to complete the form. Only if the
Elxecutive Director determines that you have shown good cause for the delay and have
otherwise completed the form as much as is currently possible will he grant an extension
to complete the form.
If the staff violation report /complaint that accompanied this statement of defense form
included a proposed civil jjenalty, you may, if you wish, resolve the civil penalty aspect
of the alleged violation by simply providing to the staff a certified cashier's check in the
amount of the proposed fine within the 35-day time period. If yOu choose to follow this
alternative, the Executive Director will cash your check and place a brief summary of the
violation and proposed penalty along with a no^at^on that you are choosing to pay the
penalty rather than contesting it on an administrative permit listing. If no Commissioner
objects to the amount of the penalty, your payment will resolve the civil penalty jMrtion
of the alleged violation. If a Commissioner objects to the proposed payment of the
penalty, the Commission shall determine by a majority of those present and voting
whether to let the proposed jienalty stand. If such a majority votes to let the proposed
penalty stand, your pa>'Tnent will resolve the civil penalty portion of the alleged violation.
If such a majority does not let the proposed penalty stand, the Commission shall direct
the staff to return the money paid to you and shall direct you to file your completed
statement of defense form and all supporting documents within 35 days of the Commis-
sion's action. Of course, you also have the opportunity of contesting the fine from the
outset by completing this form and filing it and all supporting documents within 35 days
of its having been mailed to you.
If you have any questions, please contact as soon as possible
of the Commission Enforcement Staff at telephone number 415-557-3686.
1. Facts or allegations contained in the violation report that you admit (with specific
reference to the paragraph number in the violation report):
Page 575 Register 96, No. 32; 8-9-96
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
2. Facts or allegations contained in the violation report that you deny (with sp>eciflc
reference to paragraph number in the violation report) :
3. Facts or allegations contained in the violation report of which you have no personal
knowledge (with specific reference to paragraph number in the violation report):
4. Other facts which may exonerate or mitigate your possible responsibility or otherwise
explain your relationship to the possible violation (be as specific as you can; if you have
or know of any documents, photographs, maps, letters, or other evidence that you believe
are relevant, please identify it by name, date, type, and any other identifying information
and provide the original or a copy if you can):
5. Any other information, statement, etc. that you want to make:
Page 576 Register 96, No. 32; 8-9-96
Title 14 San Francisco Bay Conservation and Development Commission § 11721
6. Documents, exhibits, declarations under penalty of perjury or other materials that
you have attached to this statement to support your answers or that you want to be made
part of the administrative record for this enforcement proceeding (Please list in chrono-
logical order by date, author, and title and enclose a copy with this completed form) :
7. Name of any person whose declaration under penalty of perjury was listed in the
violation report as being part of the staffs case who the respondent wants to cross-
examine, all documents about which you want to cross-examine the person, area or areas
of information about which the respondent wants to cross-examine the witness, informa-
tion that the respondent hopes to elicit in cross-examination, and the reason (s) why some
other method of proving this information is unsatisfactory
HISTORY:
1. New Appendix I filed 5-18-87; operative 6-17-87 {Begister 87, No. 30?.
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
Page 577 Register 96, No. 32; 8-9-96
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
30 Van Ness Avenue, Room 20J 1
San Francisco, California 94102
Appendix J
TO BE FILLED IN BY BCDC
2.
Claim Number:
Date Claim Filed:
3.
Date Claim Mailed to Other
Agencies:
4.
Date of Hearing:
CLAIM OF EXEMPTION FROM BCDC PERMIT REQUIREMENTS
FOR A PROJECT INVOLVING FURTHER FILL
This form is to be used in filing a claim of exemption from BCDC permit requirements for aproject involving
fill in the Bay, a salt pond, or a managed wetland after January 1, 1974. The form is designed to obtain suffi-
cient detailed information about the project claimed to be exempt so that the Commission can determine the
validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commis-
sion operates (Government Code Title 7.2), especially the grandfather clauses. Sections 66632.1, 66655, and
66656 of the Government Code; (2) the Commission's procedural regulations, especially Sections 10910
through 10921; and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal.2d 533, the leading
case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the
Commission's office, and the Commission's staff can help explain them as they affect any particular claim.
Each question must be fully answered. Those questions with space for an answer on this form may be an-
swered on the form. Answers to the remaining questions should be on a separate sheet of paper with the an-
swer keyed to the number of the question. Both this form and the answer sheet are part of the application,
and they should be submitted together to the Commission prior to April 1 , 1974, the last day for filing claims
of exemption under the law. Exhibits may be attached to either the form or the answer sheet.
THE CLAIMANT
1. Name:
2. Address:
3. Representative:
4. If the claimant is a governmental entity, a partnership or a corporation, attach a document, such as a cor-
Telephone:
Telephone:
porate or governing body resolution, indicating that the person who signs the claim has been authorized to
act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A.
PRO.IECT LOCATION AND OWNERSHIP
5. County(ies):
6. City(ies):
7. Street Address and Assessor Parcel Number(s):
8. Total area involved
some or all times of the year is
acres. Of this, the area covered by water at
acres.
9. Attach a legal description of all property involved in the claim with a map showing lot lines, easements,
major utilities, etc., and a document indicating the claimant's legal interest in the property. Mark the docu-
ments Exhibit B.
PRO.IECT DESCRIPTION
10. Fully describe any project that is claimed to be exempt under Section 66632.1 or Section 66656 of the
Government Code. This description must include the following information:
a. A precise description of the plan for the project as of September 17, 1965, including the exact nature
and location of land uses.
b. A description of all entities, such as partnerships, corporations, special districts, etc., that had been orga-
nized to carry out the project as of September 17, 1965.
c. A detailed explanation of all financial arrangements that had been made as of September 17, 1965, to
finance the project.
Page 578
Register 96, No. 32; 8-9-96
Title 14 San Francisco Bay Conservation and Development Commission § 11721
d. A description of all engineering, architectural, and planning services, including costs, incurred as part
of the project as of September 17, 1965, and after all necessary approvals and Corps of Engineers' permits
had been obtained.
e. A description of all equipment purchased, leased orrentedaspartof the project as of September 17, 1965,
and after all necessary local approvals and Corps of Engineers' permits had been obtained, including costs,
purposes for which the equipment was obtained, when obtained, the length of time used, etc.
f . A description of any other contractual obligations entered into as part of the project as of September 1 7,
1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including
the parties to the contract, the date of the contract, the purposes for which the contract was entered into, the
costs incurred under the contract, etc.
g. A history of the project on a year-to-year basis from the date of commencement to September 1 7, J 965,
include a precise description of all diking or filling that took place prior to September 17, 1965, and that indi-
cates the amount of fill that had been placed and the extent of any dikes that had been constructed.
1 1 . Fully describe any project for which a vested right is claimed under Section 66655 of the Government
Code. This description must include the following information:
a. A precise description of the use or uses for which a vested right is claimed, including the exact nature
and location of such uses.
b. A precise description of all liabilities incurred for work and materials, and of all work commenced and
performed, as of September 1 , 1969, in good faith and in reliance on any city or county ordinance or permit
authorizing the use or uses for which a vested right is claimed.
c. An identification of each city or county ordinance or permit authorizing the use or uses for which a vested
right is claimed and on which reliance was placed in good faith.
12. For any project for which an exemption is claimed under Section 66632.1 of the Government Code
or Section 66656 of the Government Code, describe all activity that has taken place with regard to the project
since September 17, 1965, including each of the aspects of the project included in the description of the proj-
ect in the answer to question 10.
13. For any project for which a vested right is claimed under Section 66655 of the Government Code, de-
scribe all activity that has taken place with regard to the project since September 1, 1969, including each of
the aspects of the project included in the description of the project in the answer to question 1 1 .
14. Summarize in chronological order each governmental action that has been taken with regard to the
project. Include any mention of dated drawings, plans or applications that were submitted to any governmen-
tal entity with regard to the project and indicate the name of the person at each governmental agency who
has custody of such drawings, plans or applications.
15. Describe precisely the amount, location, and timing of any fill to be placed subsequent to January 1,
1974, as part of the project, including the nature and location of future uses.
1 6. Explain why the project has not been completed.
17. Does any circumstance prevent or delay realization of the project as originally planned? If so, explain
fully.
18. Has the project been changed in any manner either since September 17, 1965, if an exemption is
claimed under Section 66632.1 or Section 66656, or since September 1, 1969, if a vested right is claimed
under Section 66655? If so, explain in detail each alteration that has been made. Indicate whether any govern-
mental approvals were required for the change and the date such approval was granted.
EXHIBITS
A [Exhibit A is described in the first section of the form entitled "THE CLAIMANT."]
B [Exhibit B is described in the second section of the form entitled "PROJECT LOCATION AND OWN-
ERSHIP."]
Page 579 Register 96, No. 32; 8-9-96
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
C As Exhibit C, attach one drawing, 8-1/2 by 1 1 inches in size and suitable for reproduction with a graphic
bar scale and north arrow, showing all aspects of the project claimed to be exempt or for which vested rights
are claimed. Indicate areas that have been filled or diked with dates and areas that remain to be filled or diked.
D As Exhibit D, attach one drawing, 8-1/2 by 1 1 inches in size and suitable for reproduction and showing
the project in relation to nearby roads, the shoreline as it presently exists and as it existed on September 17,
J 965. "
[NOTE: If the claimant believes that a drawing of a different size will better explain the project, he may
submit 150 copies of each drawing of a different size, instead of one 8-1/2 by 1 1 inch drawing.]
E As Exhibit E, attach any photographic or written evidence showing that filling or diking or both had be-
gun prior to September 17, 1965, and indicating the amount of any fill that had been placed and the extent
of any dikes that had been constructed.
F As Exhibit F, attach a copy of each permit, approval, disapproval, letter of permission, or other written
evidence of action taken by each governmental agency, such as the Corps of Engineers, the City or County,
the State Lands Commission, etc., having jurisdiction over the project claimed to be exempt or for which
a vested right is claimed; or if no action was taken by a governmental agency having jurisdiction, an explana-
tion of why.
G. As Exhibit G, attach a map showing the physical relationship of the property and any area filled or to
be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, trian-
gulation points, U.S. pierhead and bulkhead lines, etc.
CERTIFICATION
I understand that further information may be required in the course of the proceedings on this claim, and I
declare under penalty of perjury that the information in this application and all accompanying exhibits, and
any further information and exhibits furnished by me to the Commission supplementing this application, is
and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement
or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission.
Executed in the County or City and County of
on
Claimant
History
1. New Appendix J filed 3-18-87; operative 8-17-87 (Register 87, No. 30).
Page 580 Register 96, No. 32; 8-9-96
•
Title 14 San Francisco Bay Conservation and Development Commission § 11721
Appendix
K
SAN FRANCISCO BAY CONSERVATION TO BE FILLED IN BY BCDC
AND DEVELOPMENT COMMISSION
30 Van Ness Avenue, Room 2011 1. Claim Number:
San Francisco, California 94102 2. Date Claim Filed:
•
3. Date Claim Mailed to Other.
Agencies:
4. Date of Hearing:
CLAIM OF EXEMPTION
<PUBUC RESOURCES CODE SECTION 29,507)
This form is designed to obtain sufficiently detailed information about the project
claimed to be exempt from BCDC permit requirements so that the Commission can
determine the validity of the claim and the scope of the project. The questions relate to
(1) the law under which the Conunission operates (Goverrunent Code, Title 7.2 and
Public Resources Code, Division 19) with special reference to Public Resources Code
Section 29507, (2) the Commission's procedural regulations, especially Sections 10910
through 10921 which will apply (see Public Resources Code Section 29520(a) ) and (3)
the relevant case law, in particular BCDC v. ElmeryviUe, 69 Cal. 2d 533, the leading case
in the matter of exemptions from BCDC permit requirements. Copies of all three are
available at the Commission's office, and the Commission's staff can help explain them
as they affect any particular claim.
THE CLAIMANT:
1. Name:
2. Address: Telephone: ■.
3. Representative: Telephone:
If the claimant is a governmental entity, a partnership or a corporation, attach a docu-
ment indicating that the person who signs the claim has been authorized to act on behalf
of the claimant in all matters concerning the claim. Mark the document Exhibit A.
PROJECT LOCATION AND OWNERSHIP:
5. County (ies):
6. City (ies):
7. Street Address and Assessor Parcel Number (s):
8. Total area involved acres. Of this, the area covered by water at some
or all times of the year is acres, the area covered by a typical salt pond
and brackish marsh vegetation is acres, and the area managed for duck
hunting or game preserve purposes is acres.
9. One sentence description of the project claimed to be exempt:
10. Attach a legal description of all property involved in the claim with a map showing
lot lines, easements, major utilities, etc., and a document indicating the claimant's
legal interest in the property. Mark the documents Exhibit B.
PROJECT DESCRIPTION:
11. List all governmental approvals which have been obtained (including permits issued
by BCDC, all local permits, federal agency approval, etc.) . List the date of approval
, and describe the type of approval.
12. List any governmental approvals which have not yet been obtained and anticipated
dates of approval.
13. List any conditions to which the approvals are subject and date on which the condi-
tions were satisfied or are expected to be satisfied.
Page 580.1 Register 96, No. 32; 8-9-96
§ 11721 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
14. Fully describe the project for which vested rights are claimed. This description must
specify the nature and extent of work and uses in progress or completed, including:
(a) date each portion commenced (e.g., each use, BlBng, dredging, etc.); (b) govern-
mental approval pursuant to which each portion was commenced; (c) portions com-
pleted and date of completion of each portion; (d) status of each portion on January
1, 1978; (e) status of each portion on date of claim; and (f) amounts of money
expended on portions of work both completed or in progress, excluding expenses in
obtaining governmental approvals.
15. Describe any changes or revisions in the project or the site which have been made
subsequent to commencement of the project.
16. Describe those portions of the project remaining to be constructed.
17. List the amount and nature of any liabilities incurred that are not covered above and
dates incurred. List any remaining liabilities to be incurred and dates when these are
anticipated to be incurred.
18. State the expected total cost of the project, excluding expenses incurred in securing
any necessary governmental approval.
19. Is the project planned as a series of phases or segments? If so, explain.
20. When is it anticipated that the total project would be completed?
EXHIBITS:
A and B (Exhibits A and B are described in the first section of the form entitled "THE
CLAIMANT*)
C. SITE PLAN. Attach one drawing, 8% by 11 inches in size and suitable for reproduc-
tion with a graphic bar scale and north arrow, showing all aspects of the project for
which vested rights are claimed. Indicate areas that have been filled, diked or
dredged with dates and areas that remain to be Blled, dredged or diked.
D. VICINITY MAP. The vicinity map must show where the work would be done in
relation to the surrounding area, including major highways, the Bay, other water-
ways, and important geographic features. The map should provide enough informa-
tion to allow a person unlmniliar with the area to find the site from the nearest
well-known boulevard or freeway.
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT/PROJECT STATUS. Any en-
vironmental impact rejK»rt or negative declaration prepared for the project must be
submitted If no document was prepared, explain why no document was necessary.
F. PRIOR APPROVALS. Attach a copy of each permit, approval, disapproval, letter
of permission, or other written evidence of action taken by each governmental
agency other than this agency having jurisdiction over the project for which a vested
right is claimed; or if no action was taken by a governmental agency having jurisdic-
tion, an explanation of why.
CERTinCATION:
I understand that further clarifying information may be required in the course of the
proceedings on this claim, and I declare under penalty of perjury that the information
in this application and all accompanying exhibits, and any ftarther information and exhib-
its fumi^ed by me to the Coomiission supplementing this application is, and will be, to
the best of my knowledge, true and correct I further understand that any material
misstatem^tt or omission of fact may be grounds for reopening proceedings on any claim
recognized by the Commission.
Executed in the County or City and County of _
on. ■ ■
Claimant
HISTORY:
1. New Appendix K filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
Page 580.2 Register 96, No. 32; 8-9-96
Title 14 San Francisco Bay Conservation and Development Commission § 11721
Appendix
L
SAN FRANCISCO BAY CONSERVATION TO BE FILLED OUT BY BCDC:
AND DEVELOPMENT COMMISSION
Thirty Van Ness Avenue, Room 2011 1, Appeal Number:
San Francisco, California 94102 2. Filed;
Telephone: (415) 557-3686 3. Notice Received: _
4. Twenty-First Day:
5- Forty-Second Day:
6. Staff Assigned:
APPEAL FROM MARSH DEVELOPMENT PERMIT DEQSION OF
LOCAL GOVERNMENT
APPELLANT (S):
1. Name(s), address(es), and telephone number(s) of appellant (s):
2. Nanie(s), address{es), and telephone number of appellants' representative, if any:
3. The local governmental action was taken by
The action was taken on
and is or is not final (circle one). If the
action is not final, an appeal may be taken to
wdthin days of . TTie knowHedgable local official is
who may be cOiitacted at
4. Name of development and Marsh Development Permit Number, if any:
6. Brief description of development location (city or county, nearest roads, etc.
7. Describe the marsh development permit action of the local government (e.g., ap-
proval, approval with conditions, etc.):
Attach a complete, but brief, statement of facts explaining and substantiating why the
proposed development does not conform with the certified Suisun Marsh Local Pro-
tection Program or Program Component. The statement should refer to all applicable
policies, ordinances, and regulations by name and page number.
The appellant must demonstrate to the Commission that the appeal raises a substan-
tial issue. Tlie Commission shall hear an appeal unless it determines that the appeal
raises no substantial issue as to conformity of the proposed development with the
provisions of the certified Suisun Marsh Local Protection Program. *
* The Suisun Marsh Preservation Act provides that the Commission must hear an appeal
if a substantial issue of compliance exists with either the Marsh Act, the Marsh Plan, or
the certified Local Protection Program. However, the Act also provides that the Commis-
sion must issue a marsh development permit on appeal unless a substantial issue of
compliance exists with the certified Local Protection Program. Therefore, this appeal
form strongly encourages an appellant to limit his or her discussion and analysis to issues
of compliance with the certified Local Protection program.
CERTIFICATION:
I declare that the foregoing is true and correct to the best of my knowledge and I
understand that any misstatement or omission of the information requested may be
grounds for rejection of this appeal.
Dated: .
(Signature of appellant or representative)
HISTORY:
1. New Appendix L filed 5-18-87; operative 6-17^7 (Register 87, No. 30).
Page 580.3 Register 2004, No. 42; 10- 15-2004
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix M
Commission Permit Application Fees
July 9, 2004
(a) All applicants for a Commission permit, permit amendment or
amendment to an application shall submit as part of the application an
application fee as identified in the following sections.
(b) The following permit application fees shall be effective until De-
cember 3 1 , 2004 or until the Executive Director calculates the following
year's fees under subsection (c), whichever is later.
Type of Perm i I Application Application Fee
Abbreviated Regionwide Permit $160
RegionwJde Permit $320
First Time Extension for any permit $1 60
Nonmaterial Amendment to permit, including Subsequent
Time Extension $320
Materia! Amendment to permit Same as for first time application
Materia! Amendment to application 75% of original application fee
Emergency Permit Same as for project as if not an emergency
Minor Permit with a total project cost (TPC) of:
(1) less than $300,000
(2)$300,000to$]0iTiiilion
(3) more than $10 million
Major Permit with a total project cost (TPC) of:
(1) less than $250,000
(2) $250,000 to $10 million
(3) more than $10 million
0.16% of TPC
$16,000
$800
0.32% of TPC
$32,000
(c) Calculation of Permit Fees for Subsequent Years
(1) No earlier than July 1 and no later than October 1 of each year, the
Executive Director shall calculate the permit application fees that will ap-
ply to applications received in the following calendar year.
(2) The permit application fees shall be calculated in the following
way:
(A) Calculate the target revenue that is 20 percent of the Commission' s
total regulatory program costs, as defined in subsection (3), for the cur-
rent state fiscal year.
(B) Calculate the previous revenue that is the sum of all permit applica-
tion fees received in the previous fiscal year.
(C) Calculate the adjustment factor by dividing the target revenue by
the previous revenue.
(D) Adjust the permit application fees by multiplying each fee by the
adjustment factor.
(3) The "total regulatory program costs" shall be based on the amount
of revenue appropriated to support the Commission's regulatory pro-
gram in the Budget Act for that fiscal year. The total regulatory program
costs shall be calculated by: (A) identifying the direct costs for employee
compensation, contracts, and equipment and facilities that are allocated
to the Commission's permit and enforcement activities; (2) adding to the
direct costs the indirect costs such as administrative, legal, and other sup-
port allocated to the regulatory program; and (3) subtracting any reim-
bursements, grants, abatements or other income received to support regu-
latory program activities.
(4) The adjusted fees shall be effective on January 1 of the following
calendar year and shall remain effective for twelve months or until the
Executive Director calculates the following year's fees, whichever is lat-
er. All calculated figures shall be rounded up to the nearest dollar.
(d) Total Project Cost.
(1) "Total project cost," means all expenditures, including the cost for
planning, engineering, architectural, and other services, made or to be
made for designing the project plus the estimated cost of construction of
all aspects of the project both inside and outside the Commission's juris-
diction.
(2) The Commission shall use the cost stated by the applicant in the
application to BCDC to determine the total project cost unless the Execu-
tive Director determines that the amount stated does not appear to include
the total project or to reflect accurately all project costs.
(3) Whenever the Executive Director determines that the stated project
cost does not appear to include the total project or to reflect accurately
all project costs, he or she shall return the application unfiled and state
his or her reasons for concluding that the total project is not included or
why the stated cost does not accurately reflect all project costs or the Ex-
ecutive Director shall hold the application unfiled until the applicant ver-
ifies the total cost figures by having an estimator selected by the Execu-
tive Director and prepaid by the applicant review and certify as complete
and accurate all project costs.
(e) Fees for Projects Involving More than One Category. Projects in-
volving two (2) or more categories, (i.e., shoreline construction and fill-
ing as part of one (1) project), will not be charged the total of the fees that
would be due if each part of the project were considered as a separate
application. Rather, the fee is the single amount due under highest fee
category into which the project falls.
(f) When Fees are to be Paid. All fees shall be paid before the Commis-
sion files a permit application. No fees shall be charged for preliminary
inquiries and requests for information prior to the filing of an application.
(g) Refunds.
(1 ) A $100 refund of an administrative permit application fee shall be
made if the application is withdrawn prior to the mailing of the adminis-
trative listing for the application. No refund shall be made for an adminis-
trative permit application after listing.
(2) For all other fees, the first $200 hundred dollars is not refundable
and the remainder shall be refunded if the application is withdrawn prior
to mailing notice of a public hearing either on whether the application is
complete or on whether the project is consistent with the applicable Com-
mission policies but shall not be refunded after the notice of the public
hearing has been mailed.
(h) Fees in Special Circumstances.
( 1 ) The fee for resubmitting an application that had earlier been denied
by the Commission or withdrawn by the applicant before a Commission
vote shall be seventy-five percent (75%) of the fee that would be charged
for a new application covering the same work. Such fee shall be in addi-
tion to the fee charged for the original application.
(i) Fees for Applications Arising from an Enforcement Investigation.
(1) The Commission shall double all relevant application fees if the
Executive Director determines that the applicant submitted the applica-
tion in response to an investigation by the staff or the Commission of a
possible violation of the McAteer-Petris Act, the Suisun Marsh Preser-
vation Act, or the terms or conditions of a permit.
(2) Applications shall be presumed to have arisen out of an enforce-
ment investigation if the staff prepared a written enforcement report prior
to the applicant presenting the application for filing.
(j) Appeal of Fee Determination.
(1) Any person who believes a fee charged is not correct under these
regulations may appeal to the Commission any objection that the appli-
cant, the Executive Director, and the Chair cannot resolve.
(2) Pending resolution of the amount of the fee, the applicant shall pay
the fee that the Executive Director assesses and shall file a letter explain-
ing why the fee is incorrect.
(3) When an applicant appeals a fee, the Commission shall determine
the correct fee at the time it votes on the application or at the time for com-
menting on the administrative listing, whichever applies.
Note: Authority cited: Section 66632(f), Government Code; and Section
29201(e), Public Resources Code. Reference: Section 66632(b), Government
Code; and Section 29520(b), Public Resources Code.
History
1. New Appendix M (combination and amendment of former sections
10330-10338) filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
2. Amendment of Appendix M and amendment of Note filed 10-14-2004; opera-
tive 10-14-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 42).
Page 580.4
Register 2004, No. 42; 10-15-2004
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Appendix N
V
Application Checklist
Abbreviated
Regionwide
Permit
r~l Abbreviated
Application Form:
One fully completed
and signed original
□ Large Scale
Project Site Plan
One Copy
□ 8 1/2" xll"
Project Site Plan
One Copy
D 8 1/2" xll"
Vicinity Map
One Copy
n Proof of
Legal Interest
One Copy
n Permit
Processing Fee
As Specified in
Appendix M
* Additional drawings are needed for projects that are evaluated by the Commission's De-
sign Review Board or Engineering Criteria Review Board.
Page 580.5
Register 2004, No. 42; 10-15-2004
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Boxl
a. PROPERTY OWNERO
Non-profit
Name:
Address:
City, State, Zip:
Telephones:
Applicant Information
Individual Q Private Entity O Government^
b. OWNER'S REPRESENTATIVE:
None
Name:
Address:
City, State, Zip:
Telephones:
Affiliation to Applicant:
/ hereby authorize
to act as my representative and bind me in all matters concerning this application.
Signature of Owner
Date
Printed Name of Owner
c. APPLICANT:
Private Entity
Non-profit
□ Individual
r~j Government
Name
Address
City, State, Zip
Telephones
(Continued on Page 2)
D
D
D
Page 580.6
Register 2004, No. 42; 10- 15-20(M
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
(Applicant Information Continued from Page 1)
d. APPLICANT'S REPRESENTATIVE:
None
Name:
Address:
City, State, Zip:
Telephones:
/
Affiliation to Applicant:
/ hereby authorize
to act as my representative and bind me in all matters concerning this application.
Signature of Applicant
Date
Printed Name of Applicant
Name:
Address:
City, State, Zip:
Telephones:
/
/
f. CO-APPLICANT'S REPRESENTATIVE:
None
Name:
Address:
City, State, Zip:
Telephones:
/ /
Affiliation to Applicant:
/ hereby authorize
to act as my representative and bind me in all matters concerning this application.
Signature of Applicant
Date
Printed Name of Applicant
D
e. CO-APPLICANT: □ None □ Individual D
Private Entity
CI Government d
Non-profit
Page 580.7
Register 2004, No. 42; 10-15-2004
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Box 2
Certification of
Accuracy of Information
/ hereby certify under penalty of perjury that to the best of my knowledge the informa-
tion in both Part I and Part II of this application and all attached exhibits is full, com-
plete, and correct, and I understand that any misstatement or omission of the requested
information or of any information subsequently requested shall be grounds for denying
the permit, for suspending or revoking a permit issued on the basis of these or subse-
quent representations, or for the seeking of such other and further relief as may seem
proper to the Commission.
Signature of Owner or
Owner's Representative
Date
Signature of Applicant or
Applicant's Representative
Date
Signature of Co-applicant or
Co-applicant's Representative
Date
Page 580.8
Register 2004, No. 42; 10-15-2004
Title 14 San Francisco Bay Conservation and Development Commission § 11721
Box 3
Project Information
a. Project Name:
b. Project Description:
c. Date work is
expected to begin:
Date work is expected
to be completed:
d. Does the project involve the placement of fill of any type in San Francisco Bay or within
a salt pond, a managed wetland, or a certain waterway?
n Yes D No
If "Yes," complete Box 5.
e. Does the project involve development within the shoreline band around San Francisco
Bay?
□ Yes Q No
If "Yes," complete Box 6.
f. Total Project Cost: $
Box 4
Site Information
a. Street Address:
b. City, County, State, Zip:
c. Assessor's Parcel
Number(s):
n None
d. ID number(s) of previous
BCDC permit(s) issued for
work on this site:
n None
e. Provide a brief description of the existing condition of the site, including the present ele-
vations, current vegetation, existing structures and use of the site.
Page 580.9 Register 2004, No. 42; 10-15-2004
§ 11721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Bay Fill Information
Box 5
("'Fill' means earth or any other substance or material, including pil-
ings or structures placed on pilings, and structures floating at some
or all times and moored for extended periods, such as houseboats and
floating docks" Cal. Gov. Code Section 66632(a))
a. What is the basic purpose of the new fill in the Bay?
b. Total volume of water, marsh, or salt pond to be filled: _
c. Area to be covered with solid fill:_
d. Area to be covered with floating fill:_
e. Area to be covered with pile-supported fill:_
f. Area to be covered with cantilevered fill:_
g. Area to be covered with any other type of fill.
(Specify type of fill):
h.
Total area to be filled:
cubic yards
square feet
square feet
square feet
square feet
square feet
square feet
Page 580.10
Register 2004, No. 42; 10-15-2004
Title 14
San Francisco Bay Conservation and Development Commission
§ 11721
Box 6
Shoreline Band Information
("Shoreline band" means "...all territory located between the shore-
line of San Francisco Bay... and a line 100 feet landward of and paral-
lel with that Hne..." Cal. Gov. Code Section 66610(b))
a. Types of activities to be undertaken or materials to be placed along the shoreline:
b. Will the project be located within a water-oriented priority use area that is designated in the
San Francisco Bay Plan?
D Yes n No
If "No," go to section (c).
If "Yes," indicate which priority use the area is reserved for:
Will the project use be consistent with the priority use for which the site is reserved?
□ Yes □ No
If "Yes," go to section (c).
If "No," attach an explanation of how the project can be approved despite this
inconsistency.
c. Provide dimensions of portions of all structures to be built within the shoreline band,
including length, width, area, height, and number of stories:
NOTE: Section 66632, Government Code; and Section 29201(e), Public Re- 2. Amendment of application checklist and new Note filed 10-14-2004; opera-
sources Code. Reference: Sections 65940-65942, 66632(b) and (0 and 84308,
Government Code; Sections 21080.5, 21082 and 29520, Public Resources Code;
and San Francisco Bay Plan.
History
1 . New Appendix N filed 8-6-96; operative 9-5-96 (Register 96, No. 32).
tive 10-14-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 42).
Page 580.11
Register 2004, No. 42; 10- 15-2004
§ 11810
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Chapter 18. Selection of Consultants to
Provide Selected Professional Services in
the Following Areas: Architecture,
Landscape Architecture, Engineering, Land
Surveying, Environmental, and Construction
Project Management
§ 11810. Prohibition Against Unlawful Practices.
(a) No person or entity seeking the award of a contract for consultant
services pursuant to this chapter shall offer any rebate, kickback, or other
unlawful consideration to any Commission member or Commission staff
member.
(b) No Commission member of Commission staff member shall ac-
cept any rebate, kickback, or other unlawful consideration in connection
with the process of selecting a Commission consultant pursuant to this
chapter.
(c) No Commission member or Commission staff member shall par-
ticipate in any way in the selection of a Commission consultant pursuant
to this chapter if the Commission member or Commission staff member
has a "financial interest" in the person or entity seeking the consultant
contract.
(d) The Executive Director shall give notice to all Commission mem-
bers and Commission staff members on January 2 of each year that state
law prohibits those Commissioners and Commission staff members who
participate in the award of any consultant contract pursuant to this chap-
ter from receiving any form of rebate, kickback, or other unlawful con-
sideration from any person or entity who seeks such a contract or from
having a "financial interest" in any person or entity who seeks such a con-
tract.
(e) The Executive Director shall also ensure that any request for an an-
nual statement of qualifications and performance data published pur-
suant to section 1 1 830 of this chapter, any request for a statement of qual-
ifications and performance data published pursuant to section 11850 of
this chapter, and the contract itself shall also include language that specif-
ically prohibits any form of rebate, kickback, or other unlawful consider-
ation and that prohibits any person who has a financial interest in the out-
come of the selection process from participating in the selection process
in any way.
NOTE: Authority cited: Section 66632(F), Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New chapter 18 and section filed 10-31-94; operative 1 1-30-94 (Register 94,
No. 44).
2. Editorial correction moving Chapter 18, sections 11810 through 11890, after
Appendix M following section 11718 (Register 95, No. 17).
§ 1 1 820. List of Small Businesses That Provide Services in
the Following Areas: Architecture, Landscape
Architecture, Engineering, Land Surveying,
Environmental Services, or Construction
Project Management.
(a) The Executive Director shall prepare as of January 1, 1995 and
shall update biannually thereafter a list of small businesses as defined by
the Director of General Services under Cal. Govt. Code section 1 4837
that provide any one or more of the following services generally within
the Commission's jurisdiction: architectural, landscape architectural, en-
gineering, land surveying, environmental services, or construction proj-
ect management.
(b) The Executive Director shall mail at least 60 days prior to January
I, 1995 and thereafter at least 60 days prior to the date of the biannual
update an announcement of his or her intent to prepare or update the list.
The announcement shall include a description of the information re-
quired by subsection (c) to be included on the list. The Executive Director
shall mail the announcement to all persons or entities that he or she be-
lieves may be interested in being included on the list and shall also cause
the announcement to be published at least 60 days prior to January 1,
1995 and at least 60 days thereafter prior to the date of the biannual up-
date in each and every publication listed in section 11830(c).
(c) Each small business who wants to be listed by the Executive Direc-
tor pursuant to subsection (a) shall provide the following information in
writing to the Executive Director: (1) the name, address, and telephone
number of the person or entity responding, (2) the area or areas of exper-
tise of the person or entity responding, (3) the name of a contact person
at the person or entity responding, and (4) a declaration under penalty of
perjury that the person or entity qualifies as a small business as that term
is defined under Cal. Govt. Code section 14837.
(d) The Executive Director shall add to the list required by subsection
(a) any person or entity who establishes at any time that the person or enti-
ty qualifies as a small business, who provides one or more of the services
covered by this chapter, and who provides the information required in
subsection (c) to be included on the list.
NOTE: Authority cited: Section 66632, Government Code; Section 29201 (e). Pub-
lic Resources Code. Reference: Section 4526, Government Code.
History
1. New section filed 10-31-94; operative 1 1-30-94 (Register 94, No. 44).
§ 1 1 830. Annual Statements of Qualifications and
Performance Data.
(a) Within 30 days of the effective date of these regulations and there-
after prior to December 1 of each year, the Executive Director shall mail
a "Request for An Annual Statement of Qualifications and Performance
Data" to all of the following persons and entities:
(1 ) every small business included on the list required by section 11820;
(2) every provider of architectural, landscape architectural, engineer-
ing, land surveying, environmental, or construction management ser-
vices with whom the Commission has had a contract at any time during
the past three years; and
(3) every provider of such services who has submitted a statement of
qualifications and performance data within the last three years.
(b) The "Request For An Annual Statement of Qualifications and Per-
formance Data" shall contain the following information;
(1) a brief request for a statement of qualifications and performance
data and a brief explanation of the reason for the request and how the
statement will be used in hiring consultants;
(2) the type of service or services that the statement should cover;
(3) the name, address, and telephone number of the Commission staff
member to whom the statement should be directed; and
(4) a request for the specific information required to be included in a
statement of qualifications and performance data by section 11860.
(c) No later than December 1 of each year, the Executive Director shall
also publish the request for annual statements of qualifications and per-
formance data in the publications of each of the following professional
organizations:
(1) for architectural services: the local chapters of the American Insti-
tute of Architecture
(2) for landscape architectural services: the American Society of
Landscape Architects
(3) for engineering services: California Builder and Engineer
(4) for land surveying services: Cahfomia Consulting Engineer and
Land Surveyor
(5) for environmental services: the American Planning Association,
California Chapter; the Association of Environmental Professionals; or
the Association of Wetland Scientists
(6) for construction management services: California Builder and En-
gineer
(d) Any person or entity may submit a statement of qualifications and
performance data to the Executive Director at any time and the Executive
Director shall add the statement to the list of statements that he or she
maintains so long as the statement contains all of the information re-
quired by section 11860.
(e) The Executive Director shall keep all statements of qualifications
and performance data on file for at least three years.
Page 580.12
Register 2004, No. 42; 10-15-2004
Title 14
San Francisco Bay Conservation and Development Commission
§ 11880
NOTE: Authority cited: Section 66632(f), Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527, Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 11 840. Establishment and Announcement of Criteria on
Which Consultant Will Be Chosen.
(a) Prior to publishing any request for statements of qualifications and
performance data as part of the selection of a consultant pursuant to this
chapter, the Executive Director shall establish the criteria that he or she
will use to rank the persons and entities who submit a statement of qualifi-
cations and performance data or who already have a statement of qualifi-
cations and performance data on file.
(b) These criteria shall be in writing and shall be made part of the file
for the award of the contract.
(c) The Executive Director shall use only the criteria in determining
the relative rankings from highest to lowest of all persons and entities
who submit a statement of qualifications and performance data.
NOTE: Authority cited: Section 66632(f), Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 1 1 850. Publication and Mailing of Requests for
Statements of Qualifications Prior to Selection
of a Consultant.
(a) At least 60 days prior to the date on which the Executive Director
intends to commence the selection of a consultant pursuant to this chap-
ter, the Executive Director shall mail and publish a request for statements
of qualifications and performance data.
(b) The request for statements shall include the following information:
(1) the purpose for which the consultant will be required;
(2) the nature of the specific work that the consultant will perform;
(3) the time frame within which the work must be completed;
(4) the name, address, and telephone number of the staff member to
whom inquiries should be directed and to whom statements of qualifica-
tions and performance data should be directed to be included in the selec-
tion process;
(5) that date by which a statement of qualifications and performance
data must be received to be considered in the selection process;
(6) the criteria upon which the ranking of consultants will be made
prior to entering into negotiations with the highest ranking consultant;
and
(7) the specific information required to be included on a statement of
qualifications and performance data as required by section 11860; and
(8) any other information that the Executive Director believes will al-
low the consultant to perform the required work in an efficient and com-
plete manner.
(c) The Executive Director shall publish the request for statements ei-
ther in one of the professional society pubhcations listed in section
1 1 830(c) or in at least one other publication of a professional society that
represents the discipline from which the Commission seeks a consultant.
(d) The Executive Director shall also mail the request for statements
to all of the following persons and entities:
(1) every small business that provides the required consultant services
and is included on the list required by section 1 1810;
(2) every provider of architectural, landscape architectural, engineer-
ing, land surveying, environmental, or construction management ser-
vices with whom the Commission has had a contract at any time during
the past three years; and
(3) every provider of such services who has submitted a statement of
qualifications and performance data within the last three years.
NOTE; Authority cited: Section 66632(f), Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 1 1 860. Contents of a Statement of Qualifications and
Performance Data.
A statement of qualifications and performance data shall contain the
following information:
(1) the name, address, and telephone number of the person or entity;
(2) the type of service or services that the person or entity provides;
(3) if the statement concerns an entity, the name of the contact person
at the person;
(4) a brief summary of all of the following: (1) the professional excel-
lence, demonstrated competence, and specialized experience of the per-
son or entity, (2) the education and experience of key personnel, (3) the
current staff workload, (4) the ability of meet deadlines, (5) the nature
and quality of completed work, and (6) the reliability and continuity of
the entity; and
(5) For those persons or entities submitting a statement of qualifica-
tions and performance data for construction project management ser-
vices, the person or entity shall also provide a summary of the expertise
of the individual or enfity and the person having on-site responsibilities
in all of the following areas: (1) construction project design review and
evaluafion, (2) construction mobilization and supervision, (3) bid evalu-
afion, (4) project scheduling, (5) cost-benefit analysis, (6) claims review
and negoUafion, and (7) general management and administration of a
construction project.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 1 1 870. Discussion of Anticipated Concepts and Relative
Utility of Alternative Methods of Approach.
(a) Within 15 working days of the close of the period for receiving
statements of qualifications and performance data as stated in the request
required by section 11 850, the Execufive Director shall select three con-
sultants from those who have a complete statements of qualifications and
performance data on file and shall notify those selected that the Executive
Director wants to meet with the three consultants to discuss anticipated
concepts and the relafive utility of altemafive methods of approach for
furnishing the required services.
(b) Within 1 5 working days of notifying the three consultants selected
pursuant to secUon 1 1 870(a), the Execufive Director shall meet with the
representatives of those persons or enfifies chosen and shall discuss an-
ticipated concepts and the relafive uulity of altemafive methods of ap-
proach.
(c) Based on the discussions carried out pursuant to section 1 1870(b),
the Execufive Director may modify the criteria on which he or she shall
base the ranking of the persons and entities who have submitted state-
ments of qualifications and performance data.
(d) If the Execufive Director modifies the criteria on which he or she
will base the rankings required by section 1 1840, the Executive Director
shall make those modifications in writing and shall include the modified
criteria in the record of the consultant selection process.
Note: Authority cited: Section 66632(0, Government Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 11 880. Evaluation of Current Statements of
Qualifications and Performance Data and
Statements Submitted in Response to Request.
(a) No earlier than the date indicated in the request published as re-
quired by secfion 11850, the Execufive Director shall evaluate all the
statements of qualifications and performance data on file for the disci-
pline from which the Execufive Director intends to select a consultant
and shall rank each and every consultant for which a complete statement
of qualificafions and performance data is on file in accordance with the
criteria that have been established for this consultant contract.
Page 580.13
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§ 11890
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) Each such consultant shall be ranked lYom the highest to the lowest
with a score based on the criteria established for the consultant contract.
NOTE: Authority cited: Section 66632(f), Govemment Code; Section 29201(e),
Public Resources Code. Reference: Section 4527(a), Government Code.
History
1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).
§ 1 1 890. Contract Negotiation.
(a) Within 14 days of ranking of the consultants or longer if needed
and if the person or entity is notified in writing of the need for additional
time, the Executive Director shall notify the highest-ranking person or
entity and shall commence negotiations with that person or entity.
(b) Notice to the highest ranked person or entity shall be in writing and
shall include instructions for the negotiations to follow and any other in-
formation necessary to understand fully the negotiation process.
(b) The Executive director shall negotiate with the highest ranking
firm until either the Executive Director has executed a contract with that
person or entity to provide all of the required services at a fair and reason-
able price or the Executive Director has determined that he or she is un-
able to negotiate such a contract.
(c) If the Executive Director determines that he or she cannot negotiate
a contract for the required services at a fair and reasonable price with the
highest ranked person or entity, the Executive Director shall formally ter-
minate negotiations with that person or entity by providing written notice
of termination. The written notice of termination shall be sent by Regis-
tered Mail and by regular mail and shall state the fact that the Executive
Director has determined that he or she cannot reach an agreement to pro-
vide the required services at a fair and reasonable prices and the fact that
the Executive Director is therefore terminating negotiations.
(d) If the Executive Director has terminated negotiations with the
highest ranked person or entity, the Executive Director shall open negoti-
ations with the next highest ranked person or entity within 15 working
days of formal notification of termination of negotiations with the high-
est ranked person or entity. Negotiations shall continue with the second
ranked person or entity until the Executi ve Director either executes a con-
tract or determines that he or she cannot negotiate such a contract at a fair
and reasonable price.
(e) This process shall be continued with the third, four, fifth, etc. high-
est ranked person or entity until the Executive Director can reach agree-
ment on and execute a contract to provide the required services at a fair
and reasonable price.
NOTE; Authority cited: Section 66632(f), Govemment Code; Section 29201(e),
Public Resources Code. Reference: Section 4528; and Govemment Code. Section
6106, Public Contracts Code.
History
1. New section filed 10-31-94; operative 1 1-30-94 (Register 94, No. 44).
Chapter 19. San Francisco Bay Plan
§ 11900. Bay Plan Amendments.
(a) Resolutions.
1. On September 16, 1999, the San Francisco Bay Conservation and
Development Commission approved Resolution No. 99-06, adopting
Bay Plan Amendment No. 2-99, revising the Waterfront Park, Beach
priority use area at Oyster Point, South San Francisco.
2. On April 6, 2000, the San Francisco Bay Conservation and Devel-
opment Commission approved Resolution No. 00-03, adopting Bay Plan
Amendment No. 5-99, deleting some descriptive material from Part V
of the Bay Plan, moving the remaining descriptive material into Part I of
the Bay Plan, modifying Part I to accommodate the material moved from
Part V, and moving the policy parts of Part V into Part IV of the Bay Plan.
3. On July 20, 2000, the San Francisco Bay Conservation and Devel-
opment Commission approved Resolution No. 00-06, adopting Bay Plan
Amendment No. 7-99, adding a new criterion for Bay fill on publicly
owned land to Part IV of the Bay Plan, amending the San Francisco Wa-
terfront Special Area Plan to allow public trust uses on Bay fill under cer-
tain circumstances in conjunction with a package of public benefits, clar-
ifying the public access requirements for pier redevelopment projects,
and rescinding the San Francisco Waterfront Total Design Plan, Piers 7
through 24.
4. On September 7, 2000, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 00-07, adopting Bay
Plan Amendment No. 2-00, deleting the water-related industry priority
use area designation from the former Pacific Refinery property in the
City of Hercules.
5. On December 7, 2000, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 00-08, adopting Bay
Plan Amendment No. 3-00, revising the findings and policies related to
dredging, disposal, and beneficial reuse of dredged material set forth in
the San Francisco Bay Plan. Revisions to the Findings and Policies of the
Bay Plan include, but are not limited to: (1) a decrease in the disposal of
dredged material in the Bay while increasing both the beneficial reuse of
dredged material and the use of the federally designated ocean disposal
site; (2) a limit on in-Bay disposal of dredged material for habitat en-
hancement projects; (3) the identification of dredged material rehandling
facilities as a water related industry; (4) the deletion of language that en-
courages dredging additional channels in the Bay; and (5) selected
amendments to Bay Plan maps.
6. On January 4, 2001 , the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 00-10, adopting Bay
Plan Amendment No. 4-00, deleting from and adding to the port priority
use area designations at the former Oakland Army Base and the Port of
Oakland in the City of Oakland.
7. On March 15, 2001, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 01-02, adopting Bay Plan
Amendment No. 5-00, revising the public access findings and policies
to provide for maximum feasible pubhc access while protecting wildlife
from adverse effects.
8. On July 19, 2001, the San Francisco Bay ConservaUon and Devel-
opment Commission approved Resolution No. 01-11, adopting Bay Plan
Amendment No. 1-00, creating a new policy secfion entitled Navigadon-
al Safety and Oil Spill Prevention and modified certain findings and poli-
cies in the Dredging, Recreation, Transportadon and Safety of Fills
pohcy secdons regarding navigadonal safety and oil spill prevendon.
9. On April 18, 2002 the San Francisco Bay Conservadon and Devel-
opment Commission approved Resoludon No. 02-02, adopdng Bay Plan
Amendment No. 1-01 , updating the marshes and mudflats, fish and wild-
life and dredging findings and policies; adding a new policy secdon on
subddal areas; amending the priority use area designadons and Plan Map
notes; and changing the terminology in the introductory section from
"wildUfe area" to "wildlife refuge."
10. On October 17, 2002, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 02-03, adopdng Bay
Plan Amendment No. 1-02, updadng the Bay Plan recreadon findings
and policies and amending the Plan Map Notes and Plan Map Policies.
1 1 . On October 1 7, 2002, the San Francisco Bay Conservadon and De-
velopment Commission approved Resolution 02-04, adopting Bay Plan
Amendment No. 6-02, revising the midgadon policies and adding mid-
gadon findings.
12. On June 19, 2003, the San Francisco Bay Conservation and Devel-
opment Commission approved Resoludon No. 03-02, adopting Bay Plan
Amendment No. 8-02, revising the water quality findings and policies.
Regulatory provisions in the amendment address ddal flats; conservation
and restoradon of water surface area and volume to protect and improve
water quality; new project siting, design, construcdon, and maintenance
to prevent or minimize discharge of pollutants into the Bay; coordination
with other agencies when considering a project in an area polluted with
toxic or hazardous substances; support of other agencies in developing
nonpoint source polludon control programs; siting and design of new de-
velopments so as to be consistent with stormwater permits and stormwa-
Page 580.14
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Title 14
San Francisco Bay Conservation and Development Commission
§ 11900
•
ter management guidelines and with protection of the Bay; and, use of
native vegetation buffer areas as part of a project.
1 3. On January 20, 2005, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 05-01, adopting Bay Plan
Amendment No. 2-04, adding two findings and two polices regarding
the siting and use of desalination facilities to the Other Uses of the Bay
and Shorehne section and deleting reference to desalination facility sit-
ing in the power plant siting policy in the Other Uses of the Bay and
Shorehne section.
14. On August 1 8, 2005, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 05-05, adopting Bay Plan
Amendment No. 3-04, splitting the salt ponds and other managed wet-
lands section into two separate sections, updating the salt ponds findings
and policies, and amending the Plan Map notes, policies, suggestions and
priority use area designations regarding salt ponds.
15. On October 20, 2005, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 05-06, adopting Bay Plan
Amendment No. 1-05, updating the transportation findings and policies,
and amending the Plan Map notes, policies and suggestions regarding
transportation and updating the fills in accord with the Bay Plan policies.
16. On May 4, 2006, the San Francisco Bay Conservation and Devel-
opment Commission adopted Resolution No. 06-01 , approving Bay Plan
Amendment No. 1-06 which amended San Francisco Bay Plan Maps
Nos. 4 and 5 and San Francisco Bay Area Seaport Plan Figure 4 by delet-
ing the port priority use area designation from approximately six acres
of land on the east side of Interstate 880 in the City of Oakland between
West Grand Avenue on the north, 17"^ Avenue extended to the Interstate
880 Frontage Road on the south. Wood Street on the east and the Inter-
state 880 Frontage Road on the west.
17. On September 7, 2006, the San Francisco Bay Conservation and
Development Commission approved Resolution No. 06-07, adopting
Bay Plan Amendment No. 2-06, amending the Bay Plan recreation find-
ings and policies; amending the Bay Plan Map notes, policies and
suggestions pertaining to recreation and waterfront park priority use area
designations; and amending Resolution 16, fixing the boundaries of wa-
terfront park priority use areas. The adopted amendment revised the rec-
reation findings and policies that apply to all water-oriented recreation
facihties, including waterfront parks, beaches, marinas, launch ramps,
fishing piers and regional trails.
The Commission's amendment of the Bay Plan recreation policies ad-
dressed changes in demographics and the corollary change in recreation
demand. The amendment also included policy changes that will affect all
sites designated for park priority use, including provision for regional
trail systems; beaches; non-motorized small boat access to the Bay, in-
terim uses of waterfront parks; wildlife and habitat protection; natural
and cultural resource interpretation; and ensuring that sites that are ideal
for a particular recreation activity are made available for that activity.
18. On January 18, 2007, the San Francisco Bay Conservation and De-
velopment Commission adopted Resolution No. 07-07, approving Bay
Plan Amendment No. 3-06, relocating 15 acres of port priority use area
designation in the City of Oakland.
19. On November 1, 2007, the San Francisco Bay Conservation and
Development Commission approved Resolution 07-05, adopting Bay
Plan Amendment No. 1-07, updating the managed wetlands findings and
policies, and amending the Plan Map managed wetland designations.
The amended findings and policies include: current descriptions of the
uses and distribution of managed wetlands; additional information on the
values of managed wetlands, and; continued support of maintaining
managed wetlands for waterfowl hunting. The amendment also includes
detailed policy guidance for uses of managed wetlands no longer needed
for waterfowl hunting including: restoration of managed wetlands to tid-
al action; retention, enhancement and management of managed wetlands
for multiple species, and; development of managed wetlands.
(b) Map Changes.
1 . Revise Map No. 5 by deleting approximately 37 acres from the Wa-
terfront Park, Beach priority use area designation at Oyster Point, in the
City of South San Francisco.
2. Revise Map No. 4 by deleting two references to the San Francisco
Waterfront Total Design Plan, Piers 7 through 24 and one reference to
recommendations in the San Francisco Waterfront Special Area Plan.
3. Revise Map No. 2 by deleting the water-related industry priority use
area designation from the former Pacific Refinery property in the City of
Hercules.
4. Map No. 1, Note 9 to include the use of dredged material at Skaggs
Island whenever feasible and environmentally acceptable.
Delete policy map Notes "A," "D", and "E" which reference a possible
new small boat channel, a new barge channel, and a new shallow draft
port respectively.
Add pohcy map notes identifying the possible use of Bel Marin Keys
Unit V and the North Point Property site as wetland restoration sites us-
ing dredged material.
Add policy map note identifying the Port Sonoma marina ponds as a
regional dredged material rehandling facility.
5. Revise Map No. 2, Note 3 by deleting the priority use designation
of the three northernmost ponds of the Mare Island site.
Add poHcy map notes identifying the possible use of the Cargill Crys-
tallizer ponds and the Wickland Selby site as regional dredged material
rehandling facilities.
Add policy map note identifying the Praxis Pacheco site as a dredged
material confined disposal site.
6. Revise Map No. 3, Note 3 to include the use of dredged material
from the Bay region for wetland restoration and enhancement in Collins-
ville. A portion of the site may also be used as a regional dredged material
rehandling facility for Bay Area projects.
7. Revise Map No. 4 to include notes identifying the Port of Oakland
Middle Harbor as a habitat enhancement site using dredged material, and
the former NAS Alameda as a possible site for dredged material reuse.
8. Revise Map No. 5 to include notes identifying the Port of Oakland
Middle Harbor as a habitat enhancement site using dredged material, and
the former NAS Alameda as a possible site for dredged material reuse.
9. Delete Map No. 6, Note C to exclude the possible small boat channel
just south of Bay Slough in Redwood City.
10. Delete Map No. 7, Note F to exclude the possible shallow draft port
at Guadaloupe Slough, Mountain View.
1 1. Revise Map No. 4 and Map No. 5 by deleting approximately 174.4
acres of port priority use designation from the former Oakland Army
Base; deleting reference to the Oakland Army Base; and deleting Map
No. 4 Policy 17 and Map No. 5 Pohcy 2.
12. Revise Maps No. 4 and Map No. 5 by adding port priority use area
designation to a 10-acre parcel east of Interstate Highway 880 between
1 6th Street, West Grand Avenue and Wood Street; an 1 1 acre parcel with-
in the Interstate 880 right-of-way adjacent to the 10-acre parcel; and a
30-acre parcel adjacent to and west of Interstate Highway 880 at Seventh
Street.
13. Revise Maps No. 1 through 7 by: (1) updating the wildlife priority
use area designations to include state and federal wildlife refuges; (2) de-
leting the park priority use area designation and adding a wildlife priority
use area designation to Map No. 6 at Bair Island in the Don Edwards San
Francisco Bay National Wildlife Refuge; (3) deleting Map No. 8; and (4)
amending notes identifying wildlife refuges and other areas of signifi-
cance to fish, other aquatic organisms and wildlife.
14. Revise Map Nos. 4 and 5 by updating Map Notes and Map Policies
pertaining to existing and former Bayfront military installations desig-
nated for waterfront park priority use; adding vista points; and correcting
geographic place names.
15. Revise Maps No. 1 , 2, 6 and 7 by: (1) updating Map Notes, Policies
and Suggestions pertaining to salt ponds; (2) updating the wildlife prior-
ity use area designations on Plan Map 2 to include former salt ponds add-
Page 580.15
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§ 11945
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ed to Fagan Marsh Ecological Reserve; (3) deleting a portion of the Men-
lo Park park priority use area designation on Plan Maps 6 and 7 and
designating that portion as a wildlife priority use area and as a salt pond,
managed wetland; (4) deleting two portions of the Coyote Hills park
priority use area designation on Plan Map 7 and designating those por-
tions as wildlife priority use areas and salt ponds, managed wetlands; and
(5) correcting one designation on Plan Map 6 and three designations on
Plan Map 7 to salt pond, managed wetland.
16. Revise Map No. 4 by moving Commission Suggestion B from an
area north of the Richmond-San Rafael Bridge to an area south of the
Richmond-San Rafael Bridge and revise Maps No. 1, 2, 4, 5, 6 and 7 up-
dating Map Notes, Policies and Suggestions pertaining to transportation.
J 7. Revise Maps Nos. 4 and 5 by deleting the port priority use area des-
ignation from a six-acre parcel in Oakland east of Interstate 880 bounded
on the north by West Grand Avenue, on the east by Wood Street, on the
south by IT^ Avenue extended to the Interstate 880 Frontage Road, and
on the west by the Interstate 880 Frontage Road.
18. Revise Map Nos. 1 through 7 by updating Map notes, policies and
suggestions pertaining to recreation and revising waterfront park priority
use area designations. The amendment added or revised 36 waterfront
park priority use areas, including converting a portion of a water-related
industry priority use area in Vallejo to waterfront park priority use and
deleting another portion of this water-related industry priority use area.
19. Revise Maps Nos. 4 and 5 by relocating 15 acres of port priority
use area designation in Oakland from a parcel bounded by Engineer Road
to the north, and West Grand and Wake Avenues to the south to a parcel
bounded by existing Oakland port priority use area to the south, and to
the north by Maritime Street and a line extending perpendicularly from
Maritime Street to the point where West 21 st Street intersects the existing
priority use area.
20. Revise Maps Nos. 1 and 2 by correcting the designation of one par-
cel in the North Bay from tidal marsh to managed wetland.
NOTE: Authority cited: Sections 66602, 6661 1, 66632(f), 66651 and 66652, Gov-
ernment Code. Reference: Section 66652, Government Code; and San Francisco
Bay Plan, Pans I and IV.
History
1. New chapter 19 (section 11900) and section filed 11-12-99; operative
11-1 2-99 pursuant to Government Code section 1 1 354. 1 (Register 99, No. 46).
2. New subsection (a)2. and new Note filed 7-11-2000; operative 7-11-2000
pursuant to Government Code section 11354.1 (Register 2000, No. 28).
3. Editorial conection relettering second subsection (a) to subsection (b) (Register
2000, No. 44).
4. New subsections (a)3. and (b)2. and amendment of Note filed 10-30-2000; op-
erative 1 1-29-2000 pursuant to Government Code section 1 1354.1 (Register
2000, No. 44).
5. New subsections (a)4. and (b)3. filed 10-30-2000; operative 10-30-2000 pur-
suant to Government Code section 1 1354.1 (Register 2000, No. 44).
6. New subsections (a)5. and (b)4.-]0. summarizing regulatory provisions
adopted by Bay Plan Amendment No. 3-00 filed 1-2-2001 ; regulatory provi-
sions are approved by OAL and operative 1-2-2001 pursuant to Government
Code section 1 1354.1 (Register 2001, No. 1).
7. New subsecUons (a)6. and (b)ll.-12. surmiiarizing regulatory provisions
adopted by Bay Area Plan Amendment No. 4-00 and amendment of Note filed
3-20-2001; regulatory provisions are approved by OAL and operative
3-20-2001 pursuant to Government Code section 11354.1 (Register 2001, No.
12).
8. New subsection (a)7. summarizing regulatory provisions adopted by Bay Plan
Amendment No, 5-00 filed 5-14-2001 ; regulatory provisions are approved by
OAL and operative 5-14-2001 pursuant to Government Code section 1 1354. 1
(Register 2001, No. 20).
9. New subsection (a)8. summarizing regulatory provisions adopted by Bay Plan
Amendment No. 1-00 and amendment of Note filed 10-3-2001; regulatory
provisions are approved by OAL and operative 10-3-2001 pursuant to Govern-
ment Code section 11354.1 (Register 2001, No. 40).
10. New subsections (a)9. and (b)13. summarizing regulatory provisions adopted
by Bay Plan Amendment No. 1-01 filed 6-18-2002; regulatory provisions are
approved by OAL and operative 6-18-2002 pursuant to Government Code sec-
tion 1 1354.1 (Register 2002, No. 25).
1 1 . New subsections (a) 10. and (b) 14. summarizing regulatory provisions adopted
by Bay Plan Amendment No. 1-02 filed 12-19-2002; regulatory provisions are
approved by OAL and operative 12-19-2002 pursuant to Government Code
section 1 1354.1 (Register 2002, No. 51).
12. New subsection (a)ll. summarizing regulatory provisions adopted by Bay
Plan Amendment No. 6-02 filed 12-19-2002; regulatory provisions are ap-
proved by OAL and operative 12-19-2002 pursuant to Government Code sec-
tion 11354.1 (Register 2002, No. 51).
13. New subsection (a)12. summarizing regulatory provisions adopted by Bay
Plan Amendment No. 03-02 filed 8-14-2003; regulatory provisions are ap-
proved by OAL and operative 8-14-2003 pursuant to Government Code sec-
tion 11354.1 (Register 2003, No. 33).
14. New subsection (a)l3. summarizing regulatoiy provisions adopted by Bay
Plan amendment No. 2-04 filed 4^-2005; regulatory provisions are approved
by OAL and operative 4-4-2005 pursuant to Government Code section
11354.1 (Register 2005, No. 14).
15. New subsecnons (a)14. and (b)]5. filed 10-25-2005; operative 10-25-2005
pursuant to Government Code section 11354.1 (Register 2005, No. 43).
16. New subsections (a)15. and (b)16. summarizing regulatory provisions
adopted by Bay Plan amendment No. 1-05 filed 12-22-2005; operative
1-21-2006 pursuant to Government Code section 11354.1 (Register 2005, No.
51).
1 7. New subsecfions (a) 16. and (b)l 7. summarizing regulatory provisions adopted
by Bay Plan Amendment No. 1-06 filed 6-30-2006; regulatory provisions are
approved by OAL and operative 6-30-2006 pursuant to Government Code sec-
tion 11354.1 (Register 2006, No. 26).
18. New subsections (a)17 and (b)18 summarizing regulatory provisions adopted
by Bay Plan Amendment No. 2-06 filed 1 1-7-2006; regulatory provisions are
approved by OAL and operative 1 1-7-2006 pursuant to Government Code sec-
tion 11354.1 (Register 2006, No. 45).
19. Change without regulatory effect amending subsecfion (a)5. filed 3-1-2007
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2007,
No. 9).
20. New subsecfions (a) 18. and (b)]9. summarizing provisions adopted by Bay
Plan Amendment No. 3-06 filed 3-27-2007; regulatory provisions are ap-
proved by OAL and operative 3-27-2007 pursuant to Government Code sec-
tion 11345.1 (Register 2007, No. 13).
21. New subsecnons (a)19. and (b)20. summarizing provisions adopted by Bay
Plan Amendment No. 1-07 filed 1-4-2008; operative 1-4-2008 pursuant to
Government Code section 11354.1 (Register 2008, No. 1).
Chapter 20. San Francisco Bay Area
Seaport Plan
§ 1 1 945. Seaport Plan Amendments.
(a) Resolutions.
1 . On April 1 8, 1 996, the San Francisco Bay Conservation and Devel-
opment Commission approved Resolution No. 96-06, adopting Bay Plan
Amendment No. 2-95, modifying the San Francisco Bay Plan and San
Francisco Bay Area Seaport Plan policies for marine terminal develop-
ment and boundaries for port priority use areas.
2. On September 18, 1997, the San Francisco Bay Conservation and
Development Commission approved Resolution No. 97-09, adopting
Bay Plan Amendment No. 1-97, modifying the San Francisco Bay Area
Seaport Plan to remove the port priority use designation from a 220-acre
parcel along the Oakland Inner Harbor at the former Alameda Naval Air
Station.
3. On March 2, 2000, the San Francisco Bay Conservation and Devel-
opment Commission approved Resolutions No. 00-01 and No. 00-02,
adopting Bay Plan Amendments 1-99 and 3-99, respectively, modifying
the San Francisco Bay Plan and the San Francisco Bay Area Seaport
Plan to remove the port priority use designation from Encinal Terminals
in the City of Alameda.
4. On January 4, 2001, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 00-10, adopting Bay
Plan Amendment No. 4-00, deleting from and adding to the port priority
use area designations at the former Oakland Army Base and the Port of
Oakland in the City of Oakland.
5. On February 20, 2003, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution No. 03-01, adopting Bay
Plan Amendment Nos. 2-02 through 5-02 and 7-02, revising San Fran-
cisco Bay Area Seaport Plan findings and policies and designations at the
Benicia, Oakland, Redwood City, Richmond, San Francisco and Collins-
ville port priority use areas.
6. On May 4, 2006, the San Francisco Bay Conservation and Develop-
ment Commission adopted Resolution No. 06-01, approving Bay Plan
Page 580.16
Register 2008, No. 1; 1-4-2008
Title 14
San Francisco Bay Conservation and Development Commission
§ 11945
Amendment No. 1-06, revising the Port of Oal<land port authority use
area designation in San Francisco Bay Area Seaport Plan Figure 4 and the
Oakland Priority Use Boundaries description.
7. On January 18, 2007, the San Francisco Bay Conservation and De-
velopment Commission adopted Resolution No. 07-07, approving Bay
Plan Amendment No. 3-06, revising the Port of Oakland port priority use
area designation in the San Francisco Bay Area Seaport Plan Figure 4 and
the Oakland Priority Use Boundaries description.
(b) Policy Changes.
1 . Modify cargo throughput capability analysis to reflect higher poten-
tial cargo throughput at existing and future marine terminals.
2. Eliminate the distinction between "long-term" and "near-term"
marine terminals and instead use a single designation of "future" marine
terminal sites.
3. Prohibit further deletion of sites from port priority use and marine
terminal designations until a cargo monitoring process is implemented.
4. Modify requirements for updating the Seaport Plan.
5. Allow interim uses on areas designated for port or marine terminal
use to exceed five years. Non-port priority interim uses can be allowed
provided they do not impede the eventual use of the area for port uses or
marine terminal development. Factors such as the amortization period
necessary for investments in interim uses and the expected need for ma-
rine terminal development of the port area should be considered in the
review of interim uses.
6. Modify container cargo throughput capacity at the Port of Oakland
to reflect higher cargo throughput per marine terminal and berth because
of operational efficiencies gained by the reconfiguration of the Port's
marine terminals and Joint Intermodal terminal.
7. Allow bulk cargo handling in container terminals until needed ex-
clusively for handling container cargo, provided the non-container cargo
use would not impair the current or future use of the terminal for contain-
er shipping.
8. Allow passenger ferry terminals and ancillary uses in port priority
use areas, but not in marine terminals, provided that the development and
operations of the ferry facilities do not interfere with ongoing or future
port-related uses, and navigational and passenger safety can be assured.
(c) Port Priority Use Designation Changes.
1. Port ofBenicia: Remove long-term marine terminal designation.
2. Port of Oakland: Remove port priority use designation from a trian-
gular parcel northeast of Interstate 880; remove near-term terminal and
port priority use designation from the Ship Repair area; and change the
"long-term" marine terminal designation at Bay Bridge site to "two-
berth future marine terminal" designation.
3. Port of Redwood City: Remove port priority use designation from
106-acre area east of Seaport Boulevard.
4. Port of Richmond: Remove port priority use designation from the
ancillary use zone.
5. Port of San Francisco: Remove all near-term marine terminal des-
ignations except for one at Pier 94 North, and change that remaining des-
ignation to a "future" marine terminal. Remove portions of port priority
use area from existing terminals at Piers 48 and 50; remove port priority
use area from Piers 52-64; remove portions of the port priority use area
from Pier 70; remove port priority use area inland of and between Piers
70-80; remove portions of port priority use area from Pier 80 and Piers
94-96; and remove port priority use designation from Pier 98.
6. Mare Island Naval Shipyard: Remove port priority use designation
from entire base. Retain the Mare Island dredged material disposal
ponds, which are located in historic baylands, in water-related industry
priority use for dredged material disposal and rehandling. The three
northernmost ponds could be used to provide wetland habitat for the salt
marsh harvest mouse in order to mitigate any potential adverse impacts
resulting from the future use of the other seven ponds for dredged materi-
al disposal and rehandling.
7. FISCO Alameda Annex: Remove port priority use designation.
8. Fleet and Industrial Supply Center Oakland (FlSCOy. Retain port
priority use designation and add 5-berth future marine terminal designa-
tion.
9. Hunters Point Naval Shipycuxl: Remove all but 55-acre port prior-
ity use designation on the southeast portion of the Shipyard.
10. Selby Site: Remove the port priority use designation from the Un-
ocal property. Retain a 60-acre port priority use area and 5-berth marine
terminal designation on the Wickland Oil property.
1 1 . Vallejo Site: Remove the port priority use and near-term marine
terminal designations from the waterfront.
12. Martinez (Pacheco Creek Sites): Remove port priority use desig-
nation from all areas.
13. Alameda Gateway Site (Former Todd Shipyard): Remove port
priority use designation.
14. Port of Oakland: Remove port priority use area designation from
1 74.4 acres of land in the northern part of the former Oakland Army Base.
Add port priority use area designation to an approximately 10-acre par-
cel east of Interstate Highway 880 between 16th Street, West Grand Ave-
nue and Wood Street. Add port priority use area designation to an
1 1-acre parcel within the Interstate 880 right-of-way under the elevated
portion of Interstate Highway 880 adjacent to the 10-acre parcel. Add
port priority use area designation to a 30-acre parcel west of Interstate
Highway 880 at Seventh Street. Revise the north and east boundaries of
the Northern Area of the Oakland Priority Use Area consistent with the
changes to the port priority use area designation.
15. Port of Benicia: Remove port priority use designation from 48
acres of Port property, from 30 acres owned by the City ofBenicia, and
from approximately 80 acres of privately owned property.
16. Port of Oakland: Remove port priority use and two-berth marine
terminal designations from Ninth Avenue Terminal.
1 7. Port of Richmond: Remove port priority use and one-berth marine
terminal designations from Terminal 4.
1 8. Port of San Francisco: Remove port priority use designation from
all but approximately 16 acres and remove two-berth marine terminal
designation in its entirely from Pier 70.
1 9. Redwood City: Remove port priority use and one-berth marine ter-
minal designations from former Cargill salt terminal.
20. Collinsville: Remove port priority use designation.
21. Port of Oakland: Delete six acres of port authority use area desig-
nation from a parcel bounded on the north by West Grand Avenue, on the
east by Wood Street, on the south by 17th Avenue extended to the Inter-
state 880 Frontage Road, and on the west by the Interstate 880 Frontage
Road.
22. Port of Oakland: Relocate 15 acres of port priority use area desig-
nation from a parcel bounded by Engineer Road to the north, and West
Grand and Wake Avenues to the south to a parcel bounded by existing
Oakland port priority use area to the south, and to the north by Maritime
Street and a line extending perpendiculariy from Maritime Street to the
point where West 21st Street intersects the existing priority use area.
Note. Authority cited: Sections 66602, 6661 1, 66632(0, 66651 and 66652, Gov-
ernment Code. Reference: Section 66652, Government Code; San Francisco Bay
Plan Part IV; and San Francisco Bay Area Seaport Plan, Parts I, II, and III.
History
1. New Chapter 20 (section 11945) and section 11945 filed 7-16-96; operative
7-16-96 pursuant to Government Code section 1 1354.1 (Register 96, No. 29).
2. Amendment of section heading and section filed 1 1-24-97; operative
1 1-24-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
48).
3. New subsection (a)3., repealer of subsection (c)2. and subsection renumbering
filed 5-3-2000 pursuant to Government Code section 11354.1; operative
5-3-2000 pursuant to Government Code section 11343.4(d) (Register 2000,
No. 18).
4. New subsections (a)4., (b)6. and (c)14. summarizing regulatory provisions
adopted by Bay Area Plan Amendment No. 4-00 and amendment of Note filed
3-20-2001; regulatory provisions are approved by OAL and operative
3-20-2001 pursuant to Government Code section 1 1354.1 (Register 2001 , No.
12).
Page 580.17
Register 2008, No. 1; 1 -4-2008
§ 11960
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
5. New subsections (a)5., (b)7.-8. and (c)] 5.-20. filed 4-17-2003; operative
4-17-2003 pursuant to Govemnieni Code section 1 1354. 1 (Register 2003, No.
16).
6. New subsections (a)6. and (c)21. sumniaiizing regulatory provisions adopted
by Bay Plan Amendment No. 1-06 filed 3-20-2007; regulatory provisions are
approved by OAL and operative 3-20-2007 pursuant to Government Code sec-
tion 11354.1 (Register 2007, No. 12).
7. New subsections (a)7. and (c)22. summarizing regulatory provisions adopted
by Bay Plan Amendment No. 3-06 filed 3-27-2007; regulatory provisions are
approved by OAL and operative 3-27-2007 pursuant to Government Code sec-
tion 11345.1 (Register 2007. No. 13).
Chapter 21. Special Area Plans
§ 11960. 1996 San Francisco Waterfront Special Area Plan
Amendment.
(a) On March 21, 1996, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 96-02, adopting Bay Plan
Amendment No. 3-95, modifying the San Francisco Waterfront Special
Area Plan to permit certain uses on new or replacement fill at Pier 52 in
San Francisco, by making the following changes to the Special Area
Plan:
(1) Add "commercial recreation" to the uses allowed at Pier 52 on new
or replacement fill in the Geographic-Specific Policies and Recommen-
dations section and add a plan note to Special Area Plan Maps 4 and 5
adding "commercial recreation" to the list of uses now authorized at Pier
52 on new or replacement fill.
(2) Make minor corrective changes to Special Area Plan Maps 4 and
5 by adding the pier numbers to Piers 52 and 54 and changing the name
of the street in front of Pier 52 from "China Basin Street" to "Terry A.
Francois Boulevard."
(b) On July 20, 2000, the San Francisco Bay Conservation and Devel-
opment Commission approved Resolution No. 00-06, adopting Bay Plan
Amendment No. 7-99, modifying the San Francisco Waterfront Special
Area Plan as follows:
(1) Delete the "Introduction" to the Special Area Plan and provide a
new, more current introduction.
(2) Re-define the boundaries of the Geographic Vicinities that define
the locations where fill removal can offset fill placement for projects ap-
proved pursuant to the Replacement Fill policies in Part IV of the San
Francisco Bay Plan.
(3) Delete the recommendations in all sections of the Special Area
Plan.
(4) Add a policy to the Fisherman's Wharf Geographic Specific Poli-
cies calling for a community planning process to reevaluate the Special
Area Plan policies governing the area between the Hyde Street Pier and
East Wharf Park in San Francisco.
(5) Delete the partial quotations from the McAteer-Petris Act and San
Francisco Bay Plan in the Special Area Plan.
(6) Modify Special Area Plan Maps 1 through 9 to reflect the above
changes, and to incorporate past Special Area Plan amendments adopted
by the Commission, but not reflected in the maps.
(7) Add "Appendix 1" to the plan providing a brief history of the devel-
opment of the Special Area Plan and amendments to it.
(8) Make necessary changes to the existing Special Area Plan General
Policies to indicate when these do not apply within the area between Pier
35 and China Basin in San Francisco.
(9) Replace the Geographic Specific policies that apply to the North-
eastern Waterfront (the area between Pier 35 and China Basin) with new
Geographic Specific policies that apply to the Northeastern Waterfront
as follows:
a. Permit uses consistent with the Public Trust Doctrine and the Port
of San Francisco's legislative trust grant on repaired or wholly recon-
structed piers not identified for removal in the area between Pier 35 and
China Basin in San Francisco.
b. Require the provision of substantial public benefits, including the
removal of Piers 24, 34 and 36, the Pier 15-17 "valley" and non-historic
shed additions, and the partial removal of Piers 1/2, 2, and the shed at Pier
23; and the planning, design and construction of two major plazas: the
Northeast Wharf Plaza and the Brannan Street Wharf Plaza.
c. Specify four Open Water Basins and other Open Water Areas, and
permit a limited range of uses and types of fill within Open Water Basins
and Open Water Areas.
d. Better define maximum feasible public access for major pier rede-
velopment projects and for small projects in the area between Pier 35 and
China Basin in San Francisco.
e. Add policy sections addressing historic preservation, waterfront de-
sign, views and transportation and parking for the area between Pier 35
and China Basin in San Francisco.
f. Add Implementation Requirements to the Special Area Plan for the
public benefits described in (2) above.
(10) Rescind the San Francisco Waterfront Total Design Plan Piers
7 through 24.
NOTE: Authority cited: Sections 66632(t), 66651 and 66652, Government Code.
Reference: Sections 66601, 66602 and 66605, Government Code.
History
1 . New chapter 21 (section 11960) and section filed 7-30-96; operative 7-30-96
pursuant to Government Code section 11 343.4(d) (Register 96, No. 31).
2. Amendment filed 1 0-30-2000; operative 1 1-29-2000 pursuant to Government
Code section 1 1354.1 (Register 2000, No. 44).
§ 1 1 961 . Approval of White Slough Specific Area Plan.
On December 15, 1999, the San Francisco Bay Conservation and De-
velopment Commission approved the White Slough Specific Area Plan,
pursuant to the White Slough Protection and Development Act. The Plan
provides for the following in the White Slough area of Vallejo and west-
ern Solano County:
(a) permanent protection and enhancement of at least 336 acres of tidal
wetlands within White Slough and 132 acres of tidally influenced areas
in South White Slough;
(b) the minimum amount of fill, not to exceed 13 acres, necessary to
widen State Highway Route 37 to a four-lane highway and to construct
interchanges between State Highway Route 37 and State Highway Route
29 and Sacramento Street;
(c) flood protection for upland areas;
(d) suitable water quality; and
(e) wetland enhancement for all tidally influenced areas of South
White Slough, including a program for the acquisition, enhancement and
permanent preservation of those areas.
NOTE: Authority cited: Sections 66632(f), 66651 and 66652, Government Code.
Reference: Sections 66670-66682, Government Code.
History
1. New section filed 3-7-2000; operative 3-7-2000 pursuant to Government
Code section 11354.1 (Register 2000, No. 10).
Chapter 23. Suisun Marsh Protection Plan
§ 11970. Marsh Plan Amendments.
(a) Resolutions
1 . On November 1 , 2007, the San Francisco Bay Conservation and De-
velopment Commission approved Resolution 07-05, adopting Marsh
Plan Amendment No. 1-07, updating findings and policies regarding
managed wetlands. The amendment includes revisions to the following
sections of the Marsh Plan: Environment; Water Supply and Quality; Uti-
hties. Facilities and Transportation; Recreation and Access, and; Land
Use and Marsh Management. The amended findings and pohcies in-
clude: current information on the values of managed wetlands; detailed
descriptions of the historical and current use of managed wetlands, in-
cluding current management objectives and challenges; continued sup-
port for maintaining managed wetlands for waterfowl hunting, and; de-
tailed policy guidance for the restoration of managed wetlands to tidal
action or the retention, enhancement and management of managed wet-
lands for multiple species.
NOTE: Authority cited: Section 29201, Public Resources Code. Reference: Sec-
tion 66602.1, Government Code; and Suisun Marsh Protection Plan, Parts II and
111.
Page 580.18
Register 2(K)8, No. 1; 1-4-2008
Title 14
San Francisco Bay Conservation and Development Commission
§ 11990
History
Renumbering of former chapter 23 to chapter 24 and new chapter 23 (section
11970) and section filed 1^-2008; operative 1-4-2008 pursuant to Govern-
ment Code section 1 1354.1 (Register 2008, No. 1).
Chapter 24. Suisun Marsh Local Protection
Plan
§ 11 990. Certification of Amendment to Solano County
Local Protection Program.
On June J 7, 1999, the San Francisco Bay Conservation and Develop-
ment Commission approved Resolution No. 99-02, certifying amend-
ments to Solano County's Local Protection Program component to:
(a) allow wetland restoration and enhancement of diked former tidal
marsh within the Collinsville water-related industry reserve area;
(b) assure that any restoration or enhancement project be planned and
carried out in a manner that would not preclude development of a marine
terminal on the deep water frontage needed for water-related industry or
port development; and
(c) not preclude development of a transportation connection between
the shoreline and the upland area for water-related uses.
NOTE: Authority cited: Sections 29200 and 29201 , Public Resources Code. Refer-
ence: Sections 29415, 29418 and 29410-29424, Public Resources Code.
History
1. New chapter 23 (section 11990) and section filed 3-29-2000; operative
3-29-2000 pursuant to Government Code section 1 1 354. 1 (Register 2000, No.
13).
2. Renumbering of former chapter 23 to chapter 24 filed 1-4-2008; operative
1-4-2008 pursuant to Government Code section 11 354.1 (Register 2008, No.
1).
?p Jfi ^
Page 580.19
Register 2008, No. 1; 1-4-2008
^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.2. Colorado River Board of California
Vol. 19
XHOIVISOISI
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Colorado River Board of California
Table of Contents
Division 5.2. Colorado River Board of California
Table of Contents
Page
Page
Chapter 1. Guidelines for the Evaluation of
Projects Under the California
Environmental Quality Act of
1970
§ 12000. General.
§ 12001. Purpose.
§ 12002. Policy.
§ 12003. Definitions.
581
§ 12004.
How the CEQA Applies to
Activities of the Colorado River
Board.
§ 12005.
Evaluating Projects.
§ 12006.
Participation.
Chapter 2. Colorado River Board of
California — Conflict of Interest
Code
582
Page i
(10-17-2003)
Title 14
Colorado River Board of California
§ 12006
Division 5.2.
Colorado River Board of
California
•
Chapter 1 . Guidelines for the Evaluation of
Projects Under the California Environmental
Quality Act of 1970
§12000. General.
These Guidelines have been developed by the Colorado River Board
of California in accordance with the California Environmental Quality
Act of 1970 (CEQA), Public Resources Code Sections 21000-21174 as
amended by Chapter 1154 of the Statutes of 1972 (AB 889). Section
21082 requires all public agencies to adopt objectives, criteria, and pro-
cedures for the evaluation of projects and preparation of environmental
impact reports consistent with guidelines adopted by the Secretary of the
Resources Agency pursuant to Section 21083. On February 3, 1973, the
Secretary of the Resources Agency adopted guidelines as part of the Cali-
fornia Administrative Code, Title 14, Division 6, Chapter 3, entitled
"Guidelines forlmplementationofthe California Environmental Quality
Act of 1970." Additional information may be obtained by writing:
CHIEF ENGINEER
COLORADO RIVER BOARD OF CALIFORNIA
302 CALIFORNIA STATE BUILDING
217 WEST FIRST STREET
LOS ANGELES, CALIFORNIA 90012
NOTE; Authority cited: Section 12517, Water Code. Reference: Sections 21082
and 21083, Resources Code.
History
1 . New Division 5.2 (Chapter I, §§ 12000-12006) filed 4-4-73 as an emergency;
effective upon filing (Register 73, No. 14).
2. Certificate of Compliance filed 6-22-73 (Register 73, No. 25).
§12001. Purpose.
The purpose of these Guidelines is to provide objectives, criteria, and
procedures for the Colorado River Board to review, evaluate, and com-
ment on Environmental Impact Reports (EIR's) and Federal Environ-
mental Impact Statements (EIS's) on projects which would have a signif-
icant effect on the environment — as specified by the California
Environmental Quality Act of 1970 (CEQA), amended by Chapter 1 154,
Statutes of 1972.
§12002. Policy.
As outlined in Sections 21000 and 21001 of the CEQA, every public
agency and every citizen of the State has an obligation to take all action
necessary to protect, rehabilitate and enhance the environment of the
State. State Environmental Impact Reports (EIR's) prepared in accor-
dance with CEQA and Federal Environmental Impact Statements (EIS' s)
prepared pursuant to the National Environmental Policy Act (NEPA)
will inform decision-makers of the environmental effects of proposed
projects. The function of reviewing EIR's and EIS's requires evaluation
of projects to determine whether they might have a significant effect on
the environment, examine methods of reducing adverse impacts, and
consider alternatives to the project as proposed.
§12003. Definitions.
(a) General.
Whenever the following words or terms are used in these Guidelines,
they shall have the meaning ascribed to them in this section. Nothing
herein is intended to replace or negate the definitions used in CEQA or
in the Guidelines adopted by the Secretary of the Resources Agency.
(b) CEQA — California Environmental Quality Act. Sections 21000
through 21174 of the California Public Resources Code.
(c) EIR — Environmental Impact Report. A detailed statement setting
forth the environmental effects and considerations pertaining to a project
as specified in CEQA.
(d) EIS — Environmental Impact Statement. A report prepared pur-
suant to the National Environmental Policy Act of 1969 (NEPA). The
Federal Government uses the term EIS in place of the term EIR, which
is used in CEQA.
(e) Resources Agency Guidelines. The Guidelines adopted on Febru-
ary 3, 1973, by the Secretary of the Resources Agency pursuant to Sec-
tion 21083 of CEQA. These Guidelines are now a part of the California
Administrative Code, Title 14, Division 6, Chapter 3, entitled, "Guide-
lines for Implementation of the California Environmental Quality Act of
1970."
§ 1 2004. How the CEQA Applies to Activities of the
Colorado River Board.
The purpose of CEQA and the Resources Agency Guidelines is to pro-
vide public agencies with guidelines for evaluation of projects and prepa-
ration of EIR's on projects over which any public agency has discretion-
ary authority. Since the Colorado River Board does not propose projects
on its own, provide financial support for projects, or. issue leases, permits,
licenses, or certificates for projects, there would not be any occasion for
preparation of an EIR. However, the Colorado River Board does evaluate
projects in the sense that it reviews and comments on proposed Federal
projects in the State and on EIS's prepared pursuant to NEPA as well as
on EIR's prepared on State and local projects pursuant to CEQA. In the
review of both EIR's and Federal EIS's, the Board will follow Sections
21100 and 21101 of CEQA and Sections 15063 and 15143 of the Re-
sources Agency Guidelines.
§ 12005. Evaluating Projects.
The Colorado River Board's major involvement with CEQA arises
from its statutory responsibility to protect California's rights and inter-
ests in the Colorado River, including water quantity, water quality, and
power. In fulfilling this responsibility, the Board is concerned with and
comments on salinity aspects of the Colorado River, water rights, water
salvage, river and reservoir operation, hydro-electric power production,
channelization, underground return flows, augmentation of the Colorado
River, and regional water planning.
Both Section 21101 of CEQA and Section 15063 of the Resources
Agency Guidelines require state officials responsible for preparing offi-
cial comments on proposed Federal projects in the state which may have
a significant effect on the environment to include in their comments a dis-
cussion of certain matters. TTiese matters will also be considered when
evaluating EIR's on non-Federal projects. They are:
(a) The environmental impact of the proposed action.
(b) Any adverse environmental effects which cannot be avoided if the
proposal is implemented.
(c) Mitigation measures proposed to minimize the impact.
(d) Alternatives to the proposed acfion.
(e) The relationship between local short-term uses of man's environ-
ment and the maintenance and enhancement of long-term productivity.
(f) Any irreversible environmental changes which would be involved
in the proposed action should it be implemented.
(g) The growth-inducing impact of the proposed action.
In commenfing on proposed projects within the scope of the Colorado
River Board's authority, the Board will, to the extent of its competence,
discuss each of the above subjects.
§12006. Participation.
Normally, the Colorado River Board obtains copies of EIR's and EIS's
through the California State Clearing House. The areas of environmental
concern, special qualificafion, or statutory authority for which the Board
has been designated to receive reports for review are listed in Appendix
B of the Resources Agency Guidelines. In addition, copies of planning
reports on proposed projects are obtained from federal, state, and local
agencies. Board representatives also attend public hearings and partici-
Page 581
Register 2003, No. 36; 9-5-2003
§ 12010
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
pate in meetings when necessary for the purpose of obtaining information
or exchanging views with other agencies or persons.
After review and analysis of all available information on a proposed
project, the Board submits comments to the Resources Agency, which in
turn prepares the official comments for the State of California. In cases
where the Colorado River Board' s findings and comments on various is-
sues may differ from those of other State agencies, conferences will be
held to settle the differences.
The contact person for consultation on EIR's is the Chief Engineer,
Colorado River Board of California, 302 Cahfornia State Building, 217
West First Street, Los Angeles, California 9001 2. The telephone number
is (213) 620-4480.
Chapter 2. Colorado River Board of
California — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409 (a), that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of Hmited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
COLORADO RIVER BOARD OF CALIFORNIA
107 SOUTH BROADWAY, ROOM 8103
LOS ANGELES. CA 90012
FAIR POLITICAL PRACTICES COMMISSION
HOOK STREET
SACRAMENTO. CA 95814
ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Chapter 2. Division 5.2
of Title 1 4 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
•
Chapter 2. Colorado River Board of California —
Conflict of Interest Code
Section
12010.
General Provisions
Appendix
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Section 87300, et seq., Government Code.
History
1. Repealer of chapter 2 (sections 12010-12018) and new chapter 2 (sections
12010-12016, Appendices A and B) filed 6-1-78; effective thirtieth day there-
after. Approved by Fair Political Practices Commission 10^4-77 (Register 78,
No. 22).
2. Repealer of chapter 2 (sections 1 201 0-1201 6 and Appendices A and B) and new
chapter 2 (section 12010 and Appendix) filed 2-26-81; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 1 2- 1 -80 (Register
81, No. 9).
3. Amendment filed 12-19-91; operative 1-20-92. Approved by Fair Political
Practices Commission 10-22-91 (Register 92, No. 11).
4. Editorial correction of History 3 (Register 95, No. 41).
5. Amendment of general provisions and appendix filed 9-5-2003; operative
10-5-2003. Approved by Fair Political Practices Commission 6-19-2003
(Register 2003, No. 36).
* >1= *
Page 582
Register 2003, No. 36; 9-5-2(X)3
•
Barclays Official
California
Code OF
Regulations
Title 14. Natural Resources
Division 5.3. California Tahoe Conservancy
Vol. 19
XMOIVISOIM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
California Tahoe Conservancy
Table of Contents
•
Division 5.3. California Tahoe Conservancy
Table of Contents
Page
Page
Article I.
§ 12052.
Article 2.
§ 12060.
§ 12063.
Article 3.
§ 12080.
Article 4.
§ 12100.
§ 12101.
§ 12102.
§ 12102.1.
§ 12102.2.
§ 12102.3.
§ 12102.4.
Definitions 583
Executive Officer.
Conservancy Meetings 583
Method of Notification.
Consent Calendar.
Legal Actions 583
Service on the Agency.
Implementation of California
Environmental Quality Act 583
Purpose and Authority.
Incorporation of State CEQA
Guidelines.
Categorically Exempt Activities.
Class 1, Existing Facilities.
Class 2, Replacement or
Reconstruction.
Class 3, New Construction.
Class 4, Minor Alterations to Land.
§ 12 102.5. Class 5, Minor Alterations in Land
Use Limitations.
§ 12102.6. Class 6, Information Collection.
S 12102.9. Class 9, Inspections.
$ 12102.13. Class 13, Acquisition of Lands for
Wildlife Conservation Purposes.
§ 12102.16. Class 16, Transfer of Ownership of
Land in Order to Create
Recreational Areas.
§ 12102.17. Class 17, Open Space Contracts or
Easements.
§ 12102.25. Class 25, Transfer of Ownership of
Interest in Land to Preserve Open
Space.
Article 5. California Tahoe Conservancy —
Conflict of Interest Code 584
§ 12120. Incorporation of Standard Conflict
of Interest Code.
Appendix 585
Page i
(2^t-2000)
Title 14
California Tahoe Conservancy
§ 12102.3
Division 5.3. California Tahoe Conservancy
Article 1. Definitions
§12052. Executive Officer.
"Executive Officer" means the executive officer of the California Ta-
iioe Conservancy.
NOTE: Authority cited: Section 66906.4, Government Code. Reference: Section
66906.6, Government Code.
History
] . New section filed 9-8-87; operative 1 0-8-87 (Register 87, No. 37). For history
of former Division 5.3, see Register 81, No. 12.
Article 2. Conservancy Meetings
§ 1 2060. Method of Notification.
Notice of regular meetings of the Conservancy shall be by first class
mail or other reasonable means, issued not later than 10 days preceding
the meeting.
NOTE: Authority cited: Section 66906.4, Government Code. Reference: Sections
1 11 25 and 66906.4, Government Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§12063. Consent Calendar.
Expedited action, through a consolidated vote on a consent calendar,
may be taken on any proposed acquisition of property or other matter,
where the staff of the Conservancy and prospective seller of the property,
if any, are in agreement, and where the Conservancy has received no
comments from a member of the Governing body, a member of the pub-
lic, or any other source which would indicate that there is opposition to
or controversy over the matter. Any matter shall be removed from the
consent calendar for individual consideration at the request of a member
of the governing body or a member of the public.
NOTE: Authority cited: Section 66906.4, Government Code. Reference: Sections
1 1 125 and 66906.4, Government Code.
History
1 . New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 3. Legal Actions
§12080. Service on the Agency.
The Executive Officer is hereby designated the clerk and secretary of
the Conservancy for purposes of Section 416.50(a) of the Code of Civil
Procedure or any successor statute.
NOTE: Authority cited: Section 66906.4, Government Code. Reference: Section
416.50(a), Code of Civil Procedure.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 4. Implementation of California
Environmental Quality Act
§ 1 21 00. Purpose and Authority.
These regulations are adopted by the California Tahoe Conservancy
pursuant to Public Resources Code Section 21082 to implement, inter-
pret, and make specific those provisions of the California Environmental
Quality Act (Div. 13, Pub., Res. Code, commencing with Section 21000,
hereinafter cited as "CEQA").
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Sections 21001(0 and 21082, Public Re-
sources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 01 . Incorporation of State CEQA Guidelines.
(a) In accordance with Section 15022 of Title 14of the California Ad-
ministrative Code, the State CEQA Guidelines commencing with Sec-
tion 1 5000 of Title 14 of the California Administrative Code are hereby
incorporated by reference as if fully set forth in this article. All objec-
tives, criteria, and specific procedures set forth in CEQA and the State
CEQA Guidelines including the orderly evaluation of projects and the
preparation of environmental documents are hereby adopted.
(b) The words used in this article have the same meaning given them
in the State CEQA Guidelines, unless the context clearly requires a dif-
ferent meaning.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Sections 21001(1) and 21082, Public Re-
sources Code.
History
1 . New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02. Categorically Exempt Activities.
In accordance with Sections 15300-1 5329 of Title 14 of the California
Administrative Code, the following list of categorically exempt activities
of the Conservancy has been compiled. This list is subject to the limita-
tions on categorical exemptions set forth in the State CEQA Guidelines.
This list does not preclude categorical exemptions of other activities that
come within the State CEQA GuideUnes.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.1 . Class 1 , Existing Facilities.
In accordance with Section 15301 of Title 14of the California Admin-
istrative Code, Class 1 consists of the operation, repair, maintenance, or
minor alteration of lots, topographical features, vegetation or existing fa-
cilities involving negligible or no expansion of use beyond that previous-
ly existing, including but not limited to:
(a) Existing natural conditions including trees and other vegetation;
(b) Wildlife habitat areas, streamflows, springs and waterholes, and
stream channels (i.e., clearing of debris) to protect fish and wildlife re-
sources;
(c) Erosion control facilities;
(d) Existing public recreational facilities, access roads and streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar facilities ex-
cept where the activity will involve removal of a scenic resource includ-
ing a stand of trees or a rock outcropping.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 12102.2. Class 2, Replacement or Reconstruction.
In accordance with Section 15302 of Title 14 of the California Admin-
istrative Code, Class 2 consists of replacement or reconstruction of exist-
ing wildlife habitat, erosion control facilities, public access and recre-
ational facilities, where the replacement or reconstruction will be on the
same site with substantially the same purpose involving negligible or no
expansion of capacity.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082
Public Resources Code. Reference: Secfion 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.3. Class 3, New Construction.
In accordance with Section 15303 of Title 14 of the California Admin-
istrative Code, Class 3 consists of construction of small structures or faci-
hties serving public recreational, wildhfe habitat; runoff or erosion con-
trol purposes; installation of small new equipment and facilities; and
utility extensions to serve these structures or facilities including but not
limited to:
Page 583
(4-1-90)
§ 12102.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) Interpretive centers, public restrooms or self-contained toilets, rec-
reation tables, trash receptacles, signing and fencing;
(b) Retaining walls, gabions, curbs and gutters or swales for erosion
control and streamflow maintenance;
(c) Infiltration trenches and ponds or sediment basins for runoff con-
trol;
(d) Water impoundments to provide food and cover for wildlife and
wildlife habitats;
(e) Small roads and parking facilities.
NOTE: Authority cited: Section 66906.4. Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.4. Class 4, Minor Alterations to Land.
In accordance with Section 15304 of Title 14 of the California Admin-
istrative Code, Class 4 consists of minor public alterations of land, water,
and/or vegetation which do not involve removal of mature, scenic trees
except for forestry purposes. Examples include but are not limited to:
(a) Revegetation with native plant species;
(b) Creation of bicycle or hiking trails on existing rights-of-way;
(c) Filling previously excavated land with material compatible with
the natural features of the site.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 12102.5. Class 5, Minor Alterations in Land Use
Limitations.
In accordance with Section 15305 of Title 14 of the California Admin-
istrative Code, Class 5 consists of minor alterations in land use limita-
tions in areas with an average slope of less than 20 percent, which do not
result in any changes in land use or density, including but not Umited to:
(a) Minor lot line adjustments not resulting in the creation of any new
parcel;
(b) Reversion to acreage in accordance with the Subdivision Map Act.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.6. Class 6, Information Collection.
In accordance with Section 15306 of Title 14 of the California Admin-
istrative Code, Class 6 consists of basic data collection, research, exper-
imental management, and resource evaluation activities related to acqui-
sition or management of land, which do not result in a serious or major
disturbance to an environmental resource. These may be strictly for in-
formation gathering purposes, or as part of a study leading to an action
which a public agency has not yet approved, adopted, or funded.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.9. Class 9, Inspections.
In accordance with Section 15309 of Title 14 of the California Admin-
istrative Code, Class 9 consists of inspection activities including but not
limited to identifying hazardous conditions, encroachments, clearing of
debris and other problems or needs relating to land management.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
I. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 12102.13. Class 13, Acquisition of Lands for Wildlife
Conservation Purposes.
In accordance with Section 15313 of Title 14 of the California Admin-
istrative Code, Class 13 consists of the acquisition of lands for fish and
wildlife conservation purposes including preservation offish and wild-
life habitat, and preserving access to public lands and waters where the
purpose of the acquisition is to preserve the land in its natural condition.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1 . New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.1 6. Class 1 6, Transfer of Ownership of Land in
Order to Create Recreational Areas.
In accordance with Section 1 53 16 of Title 14of the California Admin-
istrative Code, Class 16 consists of the acquisition or transfer of land in
order to establish recreational areas where the land is in a natural condi-
tion or contains historic sites or archaeological sites and either:
(a) The management plan for the recreational area has not been pre-
pared, or;
(b) The management plan proposes to keep the area in a natural condi-
tion or preserve the historic or archaeological site.
CEQA will apply when a management plan is proposed that will
change the area from its natural condition or significantly change the his-
torical or archaeological site.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 1 21 02.1 7. Class 1 7, Open Space Contracts or
Easements.
In accordance with Section 15317 of Title 14of the California Admin-
istrative Code, Class 17 consists of the acceptance of easements or fee
interests in order to maintain the open space character of the area.
NOTE: Authority cited: Section 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
§ 12102.25. Class 25, Transfer of Ownership of Interest in
Land to Preserve Open Space.
In accordance with Section 15325 of Title 14of the California Admin-
istrative Code, Class 25 consists of the transfer of ownership of interests
in land in order to preserve open space. Examples include but are not lim-
ited to:
(a) Acquisition of areas to preserve open space;
(b) Acquisition to allow restoration and enhancement of natural condi-
tions;
(c) Acquisition to prevent encroachment of development into stream
environment zones.
NOTE: Authority cited: Secfion 66906.4, Government Code; and Section 21082,
Public Resources Code. Reference: Section 21084, Public Resources Code.
History
1. New section filed 9-8-87; operative 10-8-87 (Register 87, No. 37).
Article 5. California Tahoe
Conservancy — Conflict of Interest Code
§ 1 21 20. Incorporation of Standard Conflict of Interest
Code.
The terms of Title 2, California Administrative Code, Section 18730,
and any amendments to it duly adopted by the Fair PoUtical Practices
Commission, along with the following appendix in which officials and
employees are designated and disclosure categories are set forth, are
hereby incorporated by reference and constitute the Conflict of Interest
Code of the Conservancy.
NOTE: Authority cited: Sections 66906.4, 87300 and 87304, Government Code.
Reference: Section 87300 et seq.. Government Code.
History
1. New section (including Appendix) filed 11-20-87; operative 12-20-87. Ap-
proved by Fair Political Practices Commission on 10-13-87 (Register 87, No.
48).
Page 584
(4-1-90)
Title 14
California Tahoe Conservancy
§ 12120
Appendix
Desii^nated Positions
Chairman, all board members and alternates; the Executive
Officer and all professional staff except the following:
administrative secretary, administrative assistant,
clerical staff, interns, graduate assistants, work study students.
and staff services analyst.
Consultants and contractors paid by the Conservancy. ="
Interns and graduate assistants (other than work study students)
paid by the Conservancy.
Staff services analyst
Cate^or)'
A
B
* Consultants shall be included in the list of designated employees and shall dis-
close pursuant to the broadest disclosure category in the code subject to the fol-
lowing limitation:
The Executive Director/Officer may determine in writing that a partic-
ular consultant, although a "designated position," is hired to perform a
range of duties that are limited in scope and thus is not required to fully
comply with the disclosure requirements described in this section. Such
written determination shall include a description of the consultant's du-
ties and, based upon that description, a statement of the extent of disclo-
sure requirements. The Executive Director's/Officer's determination is
a public record and shall be retained for public inspection in the same
manner and location as this conflict of interest code.
Disclosure Categories
Category A
Persons in this category must report all investments, interest in real
property, income, and any management position with any business entity
in which the person is a director, officer, partner, trustee, employee, or
holds any position of management, subject to the following limitations:
(a) Income, other than a gift, is reportable only if it is received from
a source within the region or, if that source is doing business within the
region, planning to do business within the region, or has done business
within the region during the two-year period prior to the time any state-
ment is required under this code.
(b) An interest in real property is reportable only if the property, or any
part of it, is located within or not more than two miles outside the bound-
aries of the region.
(c) Investments are reportable only if the business entity has an interest
in real property in the region, or does business, or plans to do business,
in the region, or has done business within the region at any time during
the two-year period prior to the tiine any statement is required under this
code.
(d) Business entities are reportable for purposes of management posi-
tion disclosure, only if the business entity is doing business, or plans to
do business, within the region or has done business within the region at
any time during the two years prior to the time any statement is required
under these regulations.
Category B
Persons in this category are subject to the same filing requirements as
persons in Category A with the following additional limitations:
Income, investments and management positions are only reportable if
the source of income or business entity is likely to do business with the
Conservancy to provide services, equipment, or machinery of the type
used by the Conservancy.
Page 585
(4-1-90)
^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.4. California Tahoe Regional Planning Agency
Vol. 19
XHOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14 California Tahoe Regional Planning Agency Table of Contents
Division 5.4. California Tahoe Regional Planning Agency
Table of Contents
Page
Division 5.4. California Tahoe Regional
Planning Agency 587
Page i (2-t-2ooo)
Title 14 California Tahoe Regional Planning Agency
Division 5.4. California Tahoe Regional
NOTE: Authority cited: Sections 67048, 67101, 87300 and 87304, Government
Code. Reference: Sections 1 1385, and 87300 et seq., Government Code.
History
PlanninO AcienCV '■ ^'^^P^'^'^ '~'0 (Sections l-l 16, not consecutive) refiled 7-17-78; designated
" " ■' effective 3-2-78. This filing contained c/// current regulations of the California
Editorial Note: The regulations, plans and ordinances of the California Tahoe Regional Planning Agency (Register 78, No. 29). For prior history, see
Tahoe Regional Planning Agency may be obtained by purchasing them Register 77, No. 35.
fyQ^- ^ 2. Repealer of Sections 100-105.10 and new Section 100 (Conflict of Interest
Code) filed 2-26-81 ; effective thirtieth day thereafter. Approved by Fair Polili-
CALiFORNiA TAHOE REGIONAL fTANNiNG AGENCY ^al Practices Commission 1 2-1-80 (Register 81 , No. 9).
P.O. BOX 14467 OR 3053 HARRISON AVE.
SOUTH LAKE TAHOE. CALIFORNIA 95702
TELEPHONE: (916) 541-6770
Page 587 (4-1-90)
mmS^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.5. California Coastal Commission
Vol. 19
XMOIVISOISI
*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
California Coastal Commission
Table of Contents
Division 5.5. California Coastal Commission
Table of Contents
Page
Page
Chapter 1 .
Article 1.
§ 13001.
§ 13002.
S 13003.
§ 13004.
Article 2.
§ 13006.
§ 13007.
§ 13009.
§ 13010.
§ 13011.
§ 13012.
Article 3.
§ 13013.
§ 13013.5
Chapter 2.
Article 1.
Article 2.
§ 13015.
§ 13016.
§ 13017.
Article 3.
§ 13018.
§ 13018.5
Article 4.
§ 13019.
§ 13020.
Article 5.
§ 13021.
§ 13022.
§ 13023.
§ 13024.
§ 13025.
§ 13025.1
§ 13026.
§ 13027.
Chapter 3.
Article 1.
§ 13028.
§ 13029.
§ 13030.
Article 2.
§ 13031.
General Provisions 589
Interpretation of
Regulations 589
Purpose of Regulations.
Explanation of References.
Use and Effect.
Reference to Commission and to
Regional Commission.
Definitions 589
Aggrieved Person.
Appointed Membership.
Emergency.
Filing of an Application.
First Public Road Paralleling the
Sea.
Major Public Works and Energy
Facilities.
Official Records 589
Inspection of Public Records.
Copies and Certification.
Meetings 590
Regular Meetings — Time 590
Regular Meetings — Notice 590
Method of Notification.
Who Shall Receive Notice.
Substituted Notice.
Special Meetings 590
Time and How Called.
Notice.
Emergency Meetings 590
Time and Reason For.
Notice.
Meetings — Quorum and
Procedures 590
Quorum.
Voting — Number Required to
Authorize Action.
Procedures — Robert's Rules of
Order.
Agenda.
Voting — Prerequisite of Notice.
Voting — Fairness and the
Appearance of Fairness.
Recording of Meetings.
Minutes of Meetings.
Officers and Staff 591
Officers 591
Selection and Term of Chairperson
and Vice-Chairperson.
Duties of Chairperson.
Duties of Vice-Chairperson.
Staff 591
Executive Director— Appointment
and Term.
§ 13032.
§ 13033.
§ 13034.
Chapter 4.
Chapter 5.
Duties and Delegation.
Acting Executive Director
Ombudsperson.
California Coastal Commission-
Conflict of Interest Code
592
§ 13050
§ 13050
§ 13051
§ 13051
Subchapter 1.
Article 1.
§ 13052
§ 13053
Article 2.
§ 13053
§ 13053
§ 13053
Article 3.
§ 13054.
Article 4.
§ 13055
Article 5.
§ 13056
§ 13056
Article 6.
§ 13057,
§ 13058,
§ 13059.
Article 7.
§ 13060.
§ 13061.
Article 8.
§ 13062.
§ 13063,
Article 9.
Coastal Development Permits
Issued by Coastal Commissions 592
Scope of Chapter
,5. Permit Jurisdiction over Portions of
a Development Not Within the
Coastal Zone.
Reference to Regional Commission.
5. Reference to Executive Director
Regular Permits 593
When Local Applications Must
Be Made First 593
When Required.
Where Preliminary Approvals Are
Not Required.
Application for Permit 593
4. Single Permit Application.
5. Application Form and Information
Requirements.
6. Amendment of Application Form.
Applicant's Notice
Requirements 594
Identification of Interested
Persons/Submission of
Envelopes/Posting of Site.
Schedule of Fihng Fees for
Processing Permit
Applications and Other
Filings 595
Fees.
Determination Concerning
Filing 596
Filing.
1. Reapplication.
Staff Reports 596.1
Preparation of Staff Reports.
Consolidation of Staff Reports;
Consolidation of Public Hearings.
Distribution of Staff Reports.
Public Comments on
Applications 597
Written Comments on Applications
and Staff Reports.
Treatment of Similar
Communications.
Hearing Dates 597
Scheduling.
Distribution of Notice.
Oral Hearing Procedures 598
Page
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Article 14.
§ 13090.
§ 13091.
§ 13092.
§ 13093.
§ 13094.
§ 13095.
§ 13096.
Article 15.
§ 13100.
§ 13101.
§ 13102.
§ 13103.
Article 16.
§ 13104.
§ 13105.
§ 13106.
§ 13107.
§ 13108.
§ 13108.5.
Article 17.
§ 13109.
Article 18.
§ 13064.
Conduct of Hearing.
§ 13109.1.
§ 13065.
Evidence Rules.
§ 13109.2.
§ 13066.
Order of Proceedings.
§ 13109.3.
§ 13067.
Speaker's Presentations.
§ 13109.4.
§ 13068.
Other Speakers.
§ 13109.5.
§ 13109.6.
Article 10.
Field Trips 598
§ 13069.
Field Trips — Procedures.
Subchapter 2.
Article 11.
Additional Hearings,
Withdrawal and Off-Calendar
§ 13110.
Items, Amended
Applications 599
ij 13111.
§ 13070.
Continued Hearings.
§ 13112.
§ 13071.
Withdrawal of Application.
§ 13113.
§ 13072.
Procedures for Amended
§ 13114.
Application.
§ 13115.
Article 12.
Preparation of Staff
Recommendation 599
§ 13116.
§ 13117.
§ 13073.
Applicant's Postponement.
§ 13118.
§ 13074.
Rescheduling.
§ 13119.
§ 13075.
Final Staff Recommendation.
§ 13120.
§ 13076.
Distribution of Final Staff
§ 13077.
Recommendation.
Written Response to Staff
Recommendation.
Subchapter 3.
Article 13.
Commission Review of Staff
Recommendation 600
§ 13080.
Alternatives for Review of Staff
Recommendation.
Subchapter 4.
§ 13081.
Staff Recommendation Included in
§ 13082.
Application Summary.
Verbal Staff Recommendation upon
Article 1.
Conclusion of Public Hearing.
§ 13136.
§ 13083.
Consideration of Staff
§ 13137.
Recommendation at a Meeting
Article 2.
Subsequent to the Oral Hearing.
§ 13084.
Procedures for Presentation of Staff
§ 13138.
Recommendation and Responses of
§ 13139.
Interested Parties.
Article 3.
§ 13085.
Applicant's Postponement.
§ 13140.
S 1^141
§ 13087.
Rescheduling.
Voting Procedure
Voting — After Recommendation.
Voting Time and Manner.
Effect of Vote Under Various
Conditions.
Straw Votes.
Voting Procedure.
Voting by Members Absent from
Hearing.
Commission Findings.
Consent Calendar Procedures
Consent Calendar.
Procedures for Consent Calendar.
Removal of Consent Calendar Items
to Regular Calendar.
Public Hearings on Consent
Calendar.
Revocation of Permits
Scope of Article.
Grounds for Revocation.
Initiation of Proceedings.
Suspension of Permit.
Hearing on Revocation.
Finality of Regional Commission
Decision.
[Reserved]
Reapplication.
Reconsideration
600
601
602
§ 13142.
§ 13143.
Article 4.
§ 13144.
Subchapter 5.
Article 1 .
§ 13145.
Article 2.
§ 13146.
§ 13147.
§ 13148.
§ 13149.
Article 3.
603
603
§ 13150.
§ 13150.5.
§ 13151.
§ 13152.
Page
Scope of Article.
Initiation of Proceedings.
Suspension of Appeal.
Grounds for Reconsideration.
Hearing on Reconsideration.
Finality of Regional Commission
Decision.
Appeals to State
Commission 603
ComjTiission Procedures upon
Receipt of Notice of Final Local
Action.
Filing of Appeal.
Effect of Appeal .
Grounds of Appeal.
De Novo Review.
Substantial Issue Determination.
Withdrawal of Appeal.
Qualifications to Testify Before
Commission.
Evidence.
Standard of Review.
Commission Notification of Final
Action.
Applications Filed Under
the California Coastal
Zone Conservation Act of
1972 605
Permits for an Approval
of Emergency Work 605
General 605
Scope of Subchapter.
Immediate Action Required.
Applications 605
Method of Application.
Necessary Information.
Procedures 605
Verification of Emergency.
Consultation with Executive
Director of the Commission.
Criteria for Granting Permit.
Report to the Conunission.
Emergency Actions Without a
Permit 606
Waiver of Emergency Permit
Requirements.
Procedures for
Administrative Permits 606
General 606
Scope of Subchapter.
Application for
Administrative Permits 606
Applicant's Statement.
Applications Not Thought to Be
Administrative.
Copies of Application.
Notice.
Criteria for Granting
Administrative Permits 606
Criteria and Content of Permits.
Criteria for Single Family
Dwellings.
Refusal to Grant — Notice to
Applicant.
Application to Commission.
Page
(7-25-2008)
Title 14
California Coastal Commission
Page
Reports on Administrative Subchapter 9.
Permits 607
Reports on Administrative Permits.
Appeals 607 §'^190.
^^ §13191.
Permits 607
Format of Permits 607 § 13192.
Reference to Regional Commission. ^ itiqi
Contents of Permits.
Notice of Receipt and
s 13194
Acknowledgment 607
Notice of Receipt and § 13195.
Acknowledgment.
Time for Issuing Permits and ^ 13197
Distribution 608
Issuance of Permits. p, ^
Distribution of Permit Copies. Lnapter 0.
Notice of Permits.
Disputes over Contents of Subchapter 1.
Permits 608 § 13200.
Disputes over Contents of Permits. Article 1 .
Amendments to Permits 608 ^ ]l^n\'
8 13202.
Applications for Amendments. s 13903
Amendments to Administrative s 13204
Permits. § j3205^
Amendments to Permits Other Than
Administrative Permits. S 13^06
Application Fee.
Article 2.
Extension of Permits 608.1 § 13207.
Extension of Permits. §13208.
Transfer of Permits 608.2 Subchapter 2.
Transfer of Permits.
Enforcement and Violation
of Permits 608.2
^ ^ Subchapter 3.
Eniorcement
Responsibilities 608.2
Staff Inspection.
Violation of Permits.
Enforcement of the Coastal Act.
Lawsuits by Regional §13911
Commissions.
Procedures for the
Issuance of Commission
Cease and Desist Orders 608.2 §13213.
Definition.
Commencement of Cease and Desist Subchapter 3.5.
Order Proceeding Before the
Commission.
Distribution of Notice of Hearings
on Proposed Cease and Desist a _.• i 1
Order. Article 1.
Contents of an Executive Director's § 13214.
Recommendation on Proposed § 13214.1
Cease and Desist Order. § 13214.2
Distribution of Executive Director's § 13214.3.
Recommendation. § 13214.4.
Procedure for Hearing on Proposed § 13214.5.
Cease and Desist Order.
Evidence Rules. §13214.6.
Contents and Reporting of Cease Article 2
and Desist Orders. j. .-^, . ^
Rescission or Modification of Cease f 1^9148
and Desist Orders.
608.3 Subchapter 4.
Table of Contents
Article 4.
§ 13153.
Article 5.
Subchapter 6.
Article 1.
§ 13155.
§ 13156.
Article 2.
§ 13158.
Article 3.
§ 13160.
§ 13161.
§ 13162.
Article 4.
§ 13163.
Article 5.
§ 13164.
§ 13165.
§ 13166.
§ 13168.
Article 6.
§ 13169.
Article 7.
§ 13170.
Subchapter 7.
Article 1.
§ 13171.
§ 13172.
§ 13173.
§ 13174.
Subchapter 8.
§ 13180.
§ 13181.
§ 13182.
§ 13183.
§ 13184.
§ 13185.
§ 13186.
§ 13187.
§ 13188.
Appendix A
Page
Procedures for the
Issuance of Restoration
Orders 608.7
Definition.
Commencement of Restoration
Order Proceeding Before the
Commission.
Distribution of Notice of Hearings
on Proposed Restoration Order
Contents of an Executive Director's
Recommendation on Proposed
Restoration Order
Distribution of Executive Director's
Recommendation.
Procedure for Hearing on Proposed
Restoration Order
Contents of Restoration Orders.
Rescission or Modification of
Restoration Orders.
Exclusions from Permit
Requirements 608.8
Claiins of Vested Rights 608.8
Scope.
Review Provisions 608.8
Obligation to File.
Claim Forms.
Initial Determination.
Notice.
Acknowledgment Hearing
Procedure.
Appeal to the Commission.
Grant of Claim 609
Effect of Vested Right.
Notification to Local Government.
Vested Rights Under the
California Coastal Zone
Conservation Act of
1972 609
Permits Approved by the
California Coastal Zone
Conservation Coimnission
Prior to January 1,
1977 609
Effect of Permit Granted Under the
California Coastal Zone
Conservation Act of 1972.
Amendment of Recorded
Conditions in 1972 Act Permits.
Extension of Permits Granted Under
the 1972 Act.
Development on Parcels
Added to the Coastal
Zone on January 1, 1980 609
Review Provisions 609
Scope.
Obligation to File.
Claim Forms.
Initial Determination.
Notice.
Acknowledgment Hearing
Procedure.
Appeal to the Cominission.
Grant of Claim 610
Effect of Acknowledged Claim.
Notification to Local Government.
Urban Land Exclusion 610
Page iii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13215.
§ 13216.
§ 13217.
§ 13218.
§ 13219.
§ 13220.
§ 13221.
^ 13222.
§ 13223.
§ 13224.
§ 13225.
Page
Article 1. Commission Review
Procedures 610
Urban Land Exclusion.
Local Government Request.
Material Supporting Request for
Exclusion.
Preliminary Review of Exclusion
Request.
Submission and Filing of Requests
and Supporting Material.
Commission Review of Request.
Commission Action on Request.
Effective Date of Urban Exclusion.
Denial of Request for Exclusion.
Termination of Final Request.
Amendments to Order Granting
Exclusion.
Article 2. Environmental Impact Review
Pursuant to the California
Environmental Quality Act 612
Article 3. Implementation of Urban
Exclusion Order 612
Effect of an Order Granting
Exclusion.
Inteipretation of Exclusion.
Relationship to Local
Coastal Program 612
Termination upon Adoption of
Local Coastal Program.
Applicability of an Exclusion to the
Local Coastal Program.
Waiver of Permit
Requirements for De
Minimis Development 612
Scope of Subchapter
Application.
Report to the Commission.
Categorical Exclusions 613
Categorical Exclusions.
Commission Review
Procedures 613
Request for Exclusion.
Healing Procedures.
Commission Action on Order
Granting Exclusion.
Order Granting Exclusion.
Adopted Categorical Exclusions.
Interpretation, Amendment or
Termination of Exclusion Order
Article 2. Implementation of
Categorical Exclusion
Order 614
§ 13247. Effect of a Categorical Exclusion
Order
§ 13248. Notification of Development
Approvals.
§13249. Termination of Order Granting
Exclusion.
Subchapter 6. Existing Single-Family
Residences 614
§ 13250. Improvements to Existing
Single-Family Residences.
Subchapter 7. Repair and Maintenance
Activities That Require
a Permit 615
§ 13252.
Subchapter 7.5.
§ 13230.
§ 13231.
Article 4.
§ 13234.
§ 13235.
Subchapter 4.5.
§ 13238.
§ 13238.1.
§ 13238.2.
Subchapter 5.
§ 13240.
Article 1.
§ 13241.
§ 13242.
§ 13243.
§ 13244.
§ 13244.1.
§ 13245.
§ 13253.
Subchapter 8.
Article 1.
§ 13255.0
§ 13255.1
§ 13255.2
§ 13255.3
Article 2.
§ 13256.0.
§ 13256.1,
§ 13256.2.
Article 3.
§ 13257.0
§13257.1
§ 13257.2
§ 13257.3
§ 13257.4
§ 13257.5
Article 4.
§ 13258.
§ 13259.
Chapter 7.
Subchapter 1.
§ 13300.
Article 1.
§ 13301.
Article 2.
§ 13302.
Page
Repair and Maintenance of
Activities Requiring a Permit.
Improvements to
Structures, Other than
Single-Family Residences
and Public Works
Facilities That Require
Permits 616
Improvements That Require
Permits.
Minor Adjustments to the
Coastal Zone Boundary 616
Boundary Adjustment and
Boundary Determination
Requests 616
Scope.
Request for Boundary
Determination.
Request for Boundary Adjustment.
Notification Requirements.
Commission Action on
Boundary Adjustment
Request 617
Consideration by Regional
Commission of Requests for
Boundary Adjustments.
Staff Review.
Commission Action on Boundary
Adjustment.
Commission Hearing and
Voting Procedure 617
Commission Action upon Receipt of
Regional Commission
Recommendation.
State Commission Action Without
De Novo PubHc Hearing.
State Commission Action with a De
Novo Public Hearing.
Qualifications to Testify Before the
Commission.
Evidence.
Adoption by State Commission.
Withdrawal and
Reapplication 618
Withdrawal of Boundary
Adjustment Request.
Reapplication.
Coastal Development — Permits
Issued by Local Governments and
Other Public Agencies 618
Coastal Development
Permits Issued by Local
Governments 618
Apphcability of Chapter to
Developments Within the Coastal
Zone.
Local Government Coastal
Development Permit Program .... 618
Coastal Development.
Requirements for the Local
Government Coastal
Development Permit System ... 618.1
Coastal Development Permit
Program Content.
Page iv
(7-25-2008)
Title 14
California Coastal Commission
Table of Contents
Page
Page
§ 13303.
Alternative Procedures for
Implementation of a Local
Government Coastal Development
Permit Program.
§ 13304.
Notice of Intent Alternative.
§ 13305.
Local Government Ordinance
Alternative.
§ 13306.
Coastal Development Fees.
§ 13307.
Map of Areas Where Coastal
Commission Permit Is Required.
Article 3.
§ 13311.
§ 13313,
Article 4.
§ 13315.
§ 13316.
§ 13317.
§ 13318.
§ 13319.
§ 13320.
§ 13321.
§ 13323.
§ 13325.
§ 13327.
Subchapter 1.5.
Article 1.
§ 13328.
§ 13328.1.
§ 13328.2.
§ 13328.3.
§ 13328.4.
§ 13328.5.
§ 13328.6.
§ 13328.7.
§ 13328.8.
§ 13328.9.
Article 2.
§ 13329.
§ 13329.1.
§ 13329.2.
§ J3329.3.
§ 13329.4.
Local Government Issuance of
a Coastal Development
Permit 619
Issuance of a Coastal Development
Permit.
Finality of Local Action.
Coastal Commission Review of
Local Coastal Development
Permit 620
Notice by Local Government.
Receipt by Executive Director.
Notice by Executive Director.
Filing of Appeal from the Issuance
of a Coastal Development Permit.
Filing of Appeal from the Denial of
a Coastal Development Permit.
Effect of Appeal to the
Commission.
Commission Consideration of
Appeal.
Appeal to Commission.
Notification of Commission Action
to Local Government.
Litigation Involving Local
Government Coastal Permit.
Permits Issued and
Reviewed by Local
Governments and the
Commission Pursuant to
Certified Land Use
Plans
§ 13330.
§ 13331.
§ 13332.
§ 13333.
§ 13334.
§ 13335.
§ 13336.
§ 13337.
§ 13338.
§ 13339.
§ 13340.
§ 13341.
§ 13342.
§ 13343.
621
Procedures for the Issuance
of Administrative Permits
by a Local Official 621
Scope of the Article.
Applicant's Statement.
Applications That May Qualify for
an Administrative Permit.
Copies of Application.
Notice.
Criteria and Content of Permits.
Refusal to Grant — Notice to
Applicant.
Reports on Administrative Permits.
Appeal of Administrative Permit.
Amendments to Administrative
Permits.
Emergency Permit
Applications Processed by
Local Officials 622
Definition of Emergency.
Applications.
Verification of Emergency.
Criteria for Granting Permit.
Report to the Governing Body of the
Local Government and to the
Coastal Conunission.
Article 3. Appeals to State Commission
Prior to Certification of a
Local Coastal Program 623
Scope.
Notice of Final Local Action.
Commission Procedures upon
Receipt of Notice of Final Local
Action.
Filing an Appeal.
Effect of Appeal.
Grounds of Appeal.
De Novo Review.
Substantial Issue Determination.
Withdrawal of Appeal.
Remand to Local Government.
Qualifications to Testify Before
Commission.
Evidence.
Standard of Review.
Commission Notification of Final
Action.
Subchapter 2. Public Works Plans 624
Article 1. Scope and Applicability of
Subchapter 624
§13350. Scope of Subchapter.
§ 13351. Applicability of Subchapter
Article 2. Application Requirements 624
§ 13352. Waiver of Preliminary Approvals.
§ 13353. Information Requirements.
§ 13353.5. Public Hearing Prior to Filing of
Public Works Plan.
§13354. Filing of a Plan.
§ 13355. Environmental Information.
Article 3. Plan Review, Procedures and
Findings 625
§ 1 3356. Procedures for Plan Review Prior to
Certification of Local Coastal
Program(s) in the Affected Area.
§ 13357. Procedure for Plan Review
Following Certification of a Local
Coastal Program(s) in the Affected
Area.
Article 4. Project Review 625
§ 13358. Coastal Development Permit
Review Concurrent with Public
Works Plan Review.
§ 13359. Specific Project Review Following
Certification of Public Works Plan.
Article 5. Project Review After
Certification of Local
Coastal Program 626
Article 6. Amendment of Public Works
Plan 626
§ 13365. Application for Amendment to
Public Works Plan.
§ 13366. Public Hearings Prior to Submission
of Application for Amendment to
Public Works Plan.
§ 13367. Rejection of an Application for
Amendment.
§ 13368. Acceptance of Application for
Amendment — Minor Amendment.
§ 13369. Acceptance of Application for
Amendment — Regular Amendment.
§ 13370. Noticeof Proposed Public Works
Plan Amendment.
§ 13371 . Procedure for Review of Public
Works Plan Amendment.
Chapter 8. Implementation Plans 627
Page
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Subchapter 2.
Article 1.
§ 13.'S00.
§ 13502.
Article 2.
§ 13503.
§ 13504.
§ 13505.
Article 3.
Article 4.
§ 13506.
§ 13507.
§ 13510.
§ 13511.
§ 13512.
§ 13513.
§ 13514.
Article 5.
§ 13515.
Article 6.
§ 13516.
§ 13517.
Article 7.
§ 13518.
§ 13519.
§ 13520.
Article 9.
§ 13522.
§ 13523.
§ 13524.
§ 13525.
§ 13526.
Article 10.
§ 13528.
§ 13529.
Article 11.
§ 13530.
§ 13531.
§ 13532.
§ 13533.
§ 13535.
§ 13536.
Page
Local Coastal Programs
(LCPs) and State
University or College
Long Range Development
Plans (LRDPs) 627
Scope and Definitions 627
Scope.
Definitions.
Issue Identification 627
Methodology for Identifying Issues.
Commission Review of Issue
Identification.
LCP Work Programs for State or
Federal Funding.
(Reserved) 628
Methodology 628
Preparation of Local Coastal
Program for Separate Geographic
Units.
Commission Preparation of a Local
Coastal Program.
Separate or Combined Long Range
Development Plan.
Common Methodology.
Public Access Component.
Uses of More Than Local
Importance.
Alternative Methodology.
Public Participation 630
Public Participation and Agency
Coordination Procedures.
Preliminary Review of LCPs
and LRDPs 630
Staff Review During Preparation.
Preliminary Review by the
Commission.
Submission of LCPs and
LRDPs 631
Resolution for Submittal.
Contents of Submittal.
Review of Filing.
General Review Procedures
for LCPs and LRDPs 632
Hearing Schedule.
Summary of the LCP or LRDP
Written Notice.
Distribution of Public Comments.
Conduct of Initial Hearing.
Review of Land Use Plans:
Determination of
Substantial Issue 632
Staff Recommendation on
Substantial Issue.
Determination of Substantial Issues.
Commission Action on Land
Use Plans and LRDPs 633
Additional Hearing on Land Use
Plans.
Staff Analysis.
Staff Recommendation.
Comments on Staff
Recommendation .
Withdrawal or Postponement of
Action.
Amendment Prior to Commission
Action.
Page
§ 13537.
§ 13538.
S 13539.
i? 13540.
§ 13541.
Article 12.
§ 13542.
Article 13.
§ 13544.
§ 13544.5.
$ 13545.
S 13545.5.
§ 13546.
Article 14.
§ 13547.
§ 13548.
§ 13549.
§ 13550.
Article 15.
§ 13551.
§ 13552.
§ 13553.
§ 13554.
§ 13555.
Article 16.
§ 13557.
§ 13558.
§ 13559.
Article 17.
§ 13560.
§ 13563.
§ 13565.
§ 13566.
§ 13567.
§ 13568.
§ 13569.
Commission Action on Land Use
Plan or LRDP
Voting Procedure.
Voting by Members Absent from
Hearing.
Findings for Certification.
Resubmittal of Land Use Plan If
Certification Is Refused.
Commission Action on
Implementation Actions of
LCPs
Commission Review and Action.
635
Confirmation of LCP
Certification 635
Effective Date of Certification of a
Local Coastal Program.
Effective Date of Certification of a
Land Use Plan.
Effect of Final Certification of LCP.
Effect of Final Certification of Land
Use Plan.
Final Certification and Incomplete
Permit Review.
Confirmation of Final and
Effective LRDP
Certification and
Subsequent Review of
Development Projects 636
Effective Date of Certification.
Effect of Final Certification of
LRDP
Notice of the Impending
Development.
Commission Review of
Development Projects.
Amendments to Certified LCPs
and LRDPs 637
Local Government Resolution.
Contents of LCP or LRDP
Amendment Submittal.
Review of Filing.
Minor Amendment, Definition.
Designation of Amendment as
Minor.
Environmental Impact Review —
Local Coastal Programs and
Long Range Development
Plans 638
Review and Comments on Draft
Environmental Documents.
Effect of Comments and Preliminary
Review by the Commission.
Submission of Final Environmental
Documents for LRDPs.
Local Coastal Program
Implementation Regulations 639
Scope of Article.
Existing Local Procedures.
Notice of Appealable
Developments.
Public Hearing on Appealable
Developments.
Notice of Local Government Action
When Hearing Continued.
Notice of Non-Appealable
Developments.
Determination of Applicable Notice
and Hearing Procedures.
Page vi
(7-25-2008)
Title 14
California Coastal Commission
Table of Contents
§ 13570.
§ 13571.
§ 13572.
§ 13573.
§ 13574.
Article 18.
§ 13576.
§ 13577.
Subchapter 6.
Article 1.
§ 1 3600.
§ 13601.
Article 2.
§ 13610.
Article 3.
§ 13620.
Article 4.
Page
Finality of Local Government
Action.
Final Local Government
Action — Notice.
Local Government
Action — Effective Date.
Exhaustion of Local Appeals.
Procedures for Open Space
Easements and Public Access
Documents.
Map Requirement and Boundary
Determination Criteria 641
Map(s) of Areas of Commission
Permit and Appeal .lurisdiction.
Criteria for Permit and Appeal
Jurisdiction Boundary
Determinations.
Ports
642
Scope and Jurisdiction 642
Ports Covered by This Subchapter
Port Boundary Maps.
Delineation of an Area as a
Wetland, Estuary, or
Existing Recreation Area 643
Effect of Delineation as a Wetland,
Estuary, or Existing Recreation
Area.
Coastal Development Permits
Prior to Certification 643
Pre-Certification Coastal
Development Permits.
Preparation and Review of
Port Master Plans 643
§ 13625.
Contents of a Master Plan.
§ 13626.
Notice of Completion.
§ 13627.
Notice and Public Hearings.
§ 13628.
Submission of Master Plan by Port.
§ 13629.
Informal Commission Review.
§ 13630.
Public Hearings.
§ 13631.
Staff Reports.
§ 13632.
Certification of Port Master Plan.
§ 13633.
Withdrawal of Master Plan or
Postponement of Action on Master
Plan.
§ 13634.
Amendment of Port Master Plan
Prior to Commission Action.
§ 13635.
Effect of Rejection.
§ 13636.
Amendments to Master Plan After
Certification.
§ 13637.
Minor Amendments.
Article 5.
Notification and Appeals
After Certification
§13640. Notification of Appealable
Developments After Certification of
Master Plan.
§ 13641. Appeals After Certification of
Master Plan.
Article 6. Environmental Impact Review —
Port Master Plans and
Development Undertaken in
Port Areas 645
§ 13645. Review and Comments on
Environmental Documents.
§ 13646. Submission of Final Environmental
Impact Reports or Negative
Declaration.
Page
§ 13647. Notification of Non-Appealable
Developments After Certification.
§13648. Effects of Comments.
Chapter 9. Sewage Treatment Works 646
Subchapter 1 . Review of Sewage
Treatment Works for
Which Request for State
and/or Federal Funding
Has Been Made to the
State Water Resources
Control Board 646
Article 1 . Scope 646
§ 13650. Scope.
§ 13651. Staff Involvement.
Article 2. Completeness of Application 646
§13652. Completeness of Application.
Article 3. Filing, Hearings, and
Appeals 647
§ 13653. Filing and Hearing Procedures.
§ 13654. Filing of Preliminary Application;
Waiver of Preliminary Approval
Requirements.
§ 13655. Inifial Public Hearing.
§ 13656. Comments on Draft Environmental
Impact Report.
§ 13657. Commission Vote on the Permit
Application.
§ 13658. Appeal to the Commission.
Chapter 10. Federal Consistency 647
Subchapter 1. Commission Procedures for
Consistency
Certifications for Outer
Continental Shelf (OCS)
Exploration, Development
or Production Plans for
OCS Related Federal
Permits 647
§ 13660. Definitions.
§13660.1. Preliminary Consultafion.
§ 13660.2. Review of Environmental Report for
Sufficiency of Information.
§13660.3. Submission of Consistency
Certificafion.
§ 13660.4. Staff Summary, Recommendation,
and Hearing Notice.
§13660.5. Contents of Summary and
Recommendation.
§ 13660.6. Conduct of Hearings on Staff
Recommendations on a Consistency
Certification.
§ 13660.7. Consent Calendar Procedures.
§ 13660.8. Final Commission Decision.
§13660.9. Appeals Procedure.
§13660.10. Required Amendments.
§ 1 3660. 1 1 . Multiple Permit Review.
§ 13660.12. Associated Coastal Development
Permits.
§ 13660.13. Monitoring of Federal Permits.
Chapter 11. Energy Facilities and LCP
"Override" Procedures 650
Subchapter 2. Certified Local Coastal
Program (LCP) Amendment
"Override" Procedures 650
Page vii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 13666. Applicability.
§ 13666.1. Information Requirements for
Preliminary Determination of
Applicability.
§ 13666.2. Submittal to Local Goveniment.
§ 13666.3. Commission Review.
§13666.4. Required Findings.
Page viii
(7-25-2008)
Title 14
California Coastal Commission
§ 13013
Division 5.5. California Coastal
Commission*
(Originally Printed 1-22-77)
'•Division 5.5 formerly California Coastal Zone Conservation Coniinission.
Chapter 1. General Provisions
Article 1. Interpretation of Regulations
§ 1 3001 . Purpose of Regulations.
These regulations are promulgated pursuant to the California Coastal
Act of 1976, as it may be amended from time to time, to enable the Cali-
fornia Coastal Commission to carry out the purposes and provisions of
the Act. No attempt has been made to reproduce in these regulations the
definitions, policies, and other provisions found in the Act. Therefore,
these regulations should be read together with the Act.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Repealer ofDivision 5.5 (Sections 13001-14000, not consecutive) and new Di-
vision 5.5 (Sections 13001-13250. not consecutive) filed 1-19-77 as an emer-
gency; effective upon filing (Register 77, No. 4). For prior history, see Registers
73, No. 11; 73, No. 20; 73, No. 27; 73, No. 34: 74, No. 9; 74, No. 11; 74, No.
17; 74, No. 23; 74, No. 34; 74, No. 49; 74, No. 52; 75, No. 25; 75, No. 29; 75,
No. 52; and 76, No. 31.
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
§13002. Explanation of References.
Reference in these regulations to "Chapter," "Subchapter," "Article,"
"Section," and "Subsection" denote subdivisions of these regulations.
References to the California Coastal Act of 1976, codified as Division 20
of the Public Resources Code, are in this form: "Public Resources Code,
Section ."
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
§13003. Use and Effect.
Each of these regulations shall be interpreted and liberally construed
to accomplish the purposes and carry out the objectives of the California
Coastal Act of 1976.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30009, Public Resources Code.
History
1. Amendment filed 3-10-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13004. Reference to Commission and to Regional
Commission.
History
1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1).
Article 2. Definitions
§ 13006. Aggrieved Person.
An "aggrieved" person is any person who meets the requirements of
Public Resources Code, Section 30801.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30801, Public Resources Code.
§13007. Appointed Membership.
"Appointed membership" means all the persons who have been ap-
pointed or designated to serve and have been sworn in as voting members
of the commission; a vacancy on the commission shall not be computed
in determining a majority or two-thirds of the appointed membership.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§13009. Emergency.
"Emergency." as used in Public Resources Code Section 30624, and
these regulations means: a sudden unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health,
property or essential public services.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
§ 1 301 0. Filing of an Application.
History
1 . Repealer filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
§ 1 301 1 . First Public Road Paralleling the Sea.
The "first public road paralleling the sea" means that road nearest to
the sea, as defined in Section 301 1 5 of the Public Resources Code, which:
(a) Is lawfully open to uninterrupted public use and is suitable for such
use;
(b) Is publicly maintained;
(c) Is an improved, all-weather road open to motor vehicle traffic in
at least one direction;
(d) Is not subject to any restrictions on use by the public except when
closed due to an emergency or when closed temporarily for military pur-
poses; and
(e) Does in fact connect with other public roads providing a continuous
access system, and generally parallels and follows the shoreline of the sea
so as to include all portions of the sea where the physical features such
as bays, lagoons, estuaries, and wetlands cause the waters of the sea to
extend landward of the generally continuous coastline.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30601, 30603, 30604, and 30212, Public Resources Code.
History
1. Amendment filed 4-21-81; effecfive thirtieth day thereafter (Register 81,
No. 17).
§ 13012. Major Public Works and Energy Facilities.
(a) "Major public works" and "Major energy facilities" mean facilities
that cost more than one hundred thousand dollars ($100,000) with an au-
tomatic annual increase in accordance with the Engineering News Re-
cord Construction Cost Index, except for those governed by the provi-
sions of Public Resources Code Sections 30610, 30610.5, 30611 or
30624.
(b) Notwithstanding the criteria in (a), "major public works" also
means publicly financed recreational facilities that serve, affect, or other-
wise impact regional or statewide use of the coast by increasing or de-
creasing public recreational opportunities or facilities.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30601 and 30603, Public Resources Code.
History
1 . New section filed 2-1 1 -77 as an emergency; effective upon filing (Register 77,
No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
4. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
5. Designation of subsection (a), new subsection (b) and amendment of Note filed
9-30-92; effective 10-30-92 (Register 92, No. 40).
Article 3. Official Records
§ 13013. Inspection of Public Records.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
24).
Page 589
Register 98, No. 28; 7-10-98
§ 13013.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
§ 13013.5. Copies and Certification.
Copies of official records may be made and certified by the commis-
sion, the expense thereof to be borne by the person or party requesting
the same.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tion 6257, Government Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Resister 82,
No. 11).
Chapter 2. Meetings
Article 1. Regular Meetings — Time
History
1. Repealer of Article 1 (Sections 13014 and 13014.5) filed 3-12-82; effective
thirtieth day thereafter (Register 82, No. 1 1 ).
Article 2. Regular Meetings — Notice
§ 1 301 5. l\/lethod of Notification.
Notice of regular meetings of the commission shall be by first class
mail or other reasonable means, dispatched not later than 10 days preced-
ing the meeting and containing an agenda listing each item to be consid-
ered. The agenda item description shall conform to Section 13063 where
the item is a development permit application.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code; and Section 1 1 125, Government Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 1 301 6. Who Shall Receive Notice.
Such notice shall be mailed to commission members, to all parties to
proceedings on the agenda, to others known to be interested in specific
agenda items, and to any person who requests such notice in writing. The
commission may require each person requesting such notice to supply
self-addressed stamped envelopes for the purpose of providing such no-
tice. The commission shall also mail the notice and agenda of the com-
mission hearings to public libraries, building departments and city halls
throughout its coastal zone area with a request that they be regulariy
posted on public bulletin boards or other places readily accessible to the
public and shall provide the agenda to newspapers of general circulation.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30315, Public Resources Code; and Section 1 1 125, Government
Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13017. Substituted Notice.
Should circumstances arise substantially affecting the reliability of the
U.S. Postal Service, the executive director of the commission may substi-
tute for any notification required by these regulations to be mailed, such
other form of notification reasonable under the circumstances, such as
newspaper publication, radio or television broadcasting, telephonic com-
munication, posting on public property or on property subject to a permit
application, or such other reasonable means as might be available.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
fions 30006 and 30315, Public Resources Code; and Section 1 1 125, Government
Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
Article 3. Special Meetings
§13018. Time and How Called.
A special meeting of the commission may be called for any reasonable
time by resolution or by written petition of a majority of the appointed
members of the commission, or by written call of the chairperson.
NOTE: Authority cited: Section 30333, PubHc Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
I. Amendment filed 3-12-82; effective thirtieth day thereafter (Resister 82,
No. 11).
§13018.5. Notice.
Notice of any special meetings shall be given in the same manner pro-
vided in Sections 13015, 13016, and 13017.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30315, Public Resources Code.
Article 4. Emergency Meetings
§ 13019. Time and Reason For.
The chairperson of the commission may call an emergency meeting
for any day and time when a siuiation may exist that poses danger to life,
health, or property and when commission action is or may be needed in
the situation.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§13020. Notice.
Notice of any emergency meeting must be provided by telegram to all
persons entitled to receive notice pursuant to Section 13016 and, shall be
sent not less than 24 hours prior to the meeting, if possible. In addition
commission members shall be notified by telephone prior to or immedi-
ately following placing of the telegraphic notice and a reasonable effort
shall be made to notify the public of the meeting. Any such notice shall
contain a listing of the items to be considered at the emergency meeting.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30315, Public Resources Code.
Article 5. Meetings — Quorum and
Procedures
§13021. Quorum.
For all meetings of the commission, a quorum shall be majority of the
total appointed membership of the commission. In the absence of a quo-
aim physically present in the meeting room, the meeting proceedings
shall be suspended until such time as a quorum is present within the meet-
ing room itself.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1 . Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 1 20 days or emergency
language will be repealed on 5-30-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13022. Voting — Number Required to Authorize Action.
Except as otherwise required by the California Coastal Act of 1976 or
in these regulations, actions of the commission shall be by vote of a ma-
jority of commissioners physically present within the meeting room at
the time of the vote.
Page 590
Register 98, No. 28; 7-10-98
Title 14
California Coastal Commission
§ 13031
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1 . Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. II).
§ 13023. Procedures — Robert's Rules of Order.
Except where the provision of the California Coastal Act of 1976 or
of these regulations provide to the contrary, or when the commission de-
termines otherwise, the commission shall operate under the latest edition
of Robert's Rules of Order.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 3-12-82; effecfive thirtieth day thereafter (Register 82,
No. 11).
3. Amendment filed 7-7-98; operative 8-6h-98 (Register 98, No. 28).
§13024. Agenda.
(a) The agenda for regular meetings of the commission shall be set by
the executive director at least 10 days prior to the meeting.
(b) Items on the agenda shall be heard in the order listed. The chairper-
son may with the concurrence of a majority of commissioners present,
order that any particular item on the agenda be trailed to a later time in
the meeting where, in the opinion of the chairperson and the commission,
such change is necessary to: (1) obtain the testimony of an interested per-
son, including a government agency staff person, who has been pre-
vented from appearing or making a presentation by unexpected factors
beyond the individual's control; (2) consolidate two or more factually or
legally related agenda items for a single hearing where consolidation of
the items will prevent duplication of testimony; or, (3) provide time for
additional staff analysis of a newly raised issue or of new information
which does not require continuance of the matter to a subsequent meet-
ing.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30315, Public Resources Code; and Section 11125, Government
Code.
History
1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate of Compliance must be filed within 120 days oremergency
language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
4. Amendment of subsecfion (a) filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
5. Amendment of subsection (b) filed 7-7-98; operative 8-6-98 (Register 98, No.
28).
§ 13025. Voting — Prerequisite of Notice.
The commission shall not vote upon substantive or pohcy matters of
general importance, including permit applications when adequate de-
scriptive notice has not been given as part of the required notice of the
meeting. This shall include actions to be taken on personnel matters such
as appointment or removal of Chairperson, Vice Chairperson, and Ex-
ecutive Director.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1 . Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate of Compliance must be filed within 120days oremergency
language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
4. Amendment filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
§ 13025.1. Voting — Fairness and tlie Appearance of
Fairness.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30001, 30001.5, 30004, 30006 and 30310(b), Public Resources Code; and
Section 84308, Government Code.
History
1 . New section filed 4-29-80 as an emergency; effective upon filing (Register 80,
No. 18). A Certificate of Compliance must be transmitted to OAH within 120
days oremergency language will be repealed on 8-28-80.
2. Amendment filed 6-4-80 as an emergency; effective upon filing (Register 80,
No. 23). A Certificate of Compliance must be filed by 8-28-80 or emergency
language will be repealed.
3. Certificate of Compliance including amendments transmitted to OAL 8-26-80
and filed 9-24-80 (Register 80, No. 39).
4. Editorial Correction of subsection (a) (Register 81, No. 4).
5. Repealer filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 13026. Recording of Meetings.
History
1 . Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1).
§13027. Minutes of Meetings.
History
1. Amendment of subsection (c) filed 6-10-77; effective thirtieth day thereafter
(Register 77, No. 24).
2. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1 ).
Chapter 3. Officers and Staff
Article 1 . Officers
§ 13028. Selection and Term of Chairperson and
Vice-Chairperson.
A chairperson and vice-chairperson of the commission shall be se-
lected and shall serve for a term to be fixed by the commission. The selec-
tion shall only take place after public notice of the proposed action has
been given in accordance with Section 13015.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30315 and 30316, Public Resources Code; and Secfion 1 1 125, Government
Code.
History
1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 1 20 days or emergency
language will be repealed on 5-3-80.
2. Certificate of Comphance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13029. Duties of Chairperson.
History
1 . Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1).
§ 1 3030. Duties of Vice-Chairperson.
History
1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 11).
Article 2. Staff
§ 1 3031 . Executive Director — Appointment and Term.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
fion 30333, Public Resources Code.
History
1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Repealer filed 3-12-82; effecfive thirtieth day thereafter (Register 82, No. 11).
Page 591
Register 2(X)3, No. 29; 7-18-2003
§ 13032
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13032. Duties and Delegation.
(a) In accordance with the direction and policies of the commission
and pursuant to Pubhc Resources Code Section 30335, the executive di-
rector shall administer the affairs of the commission and, subject to ap-
proval by that commission, the executive director of the commission
shall on behalf of the commission and in accordance with applicable state
and civil service procedures, appoint such other employees as may be
necessary to carry out the functions of the commission.
(b) Except as specifically provided by resolution, the executive direc-
tor may delegate the performance of any of his or her functions, but such
delegation(s) shall not affect his or her responsibility to see that the direc-
tions and policies of the commission are carried out fully and faithfully.
(c) The executive director of the commission shall, when authorized
by resolution of the commission, establish administrative procedures
necessary to implement these regulations. Such administrative proce-
dures shall be reduced to writing, shall be kept current with any amend-
ments thereto, and shall be made available to all persons who shall be pro-
vided a copy of such procedures upon request and upon the payment of
a reasonable fee.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30335, Public Resources Code.
History
1. Amendment filed 6-11-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§13033. Acting Executive Director.
History
1. Repealer filed 3-12-82; effective thirtieth day thereafter Register 82, No. 11).
§13034. Ombudsperson.
The Chief Counsel of the California Coastal Commission shall be the
regulatory ombudsperson for the California Coastal Commission. In his
or her capacity as the regulatory ombudsperson, the Chief Counsel shall
review all petitions for rulemaking and shall make recommendations to
the Commission on any proposed rulemaking.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 11340.7, Government Code.
History
1. New section filed 7-7-98; operative 8-6-98 (Register 98, No. 28).
Chapter 4. California Coastal
Commission — Conflict of Interest Code
NOTE: Pursuant to a regulation of the Fair Political Practices Com-
mission (Title 2, CCR, section 18750(k)(2)), an agency adopting a con-
flict of interest code has the options of requesting that the code either be
(1) printed in the CCR in its entirety or (2) incorporated by reference into
the CCR. Here, the adopting agency has requested incorporation by ref-
erence. However, the full text of the regulations is available to the public
for review or purchase at cost at the following locations:
CALIFORNIA COASTAL COMMISSION
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105
FAIR POLITICAL PRACTICES COMMISSION
428 "J" STREET. SUITE 800
SACRAMENTO, CALIFORNIA 95814
SECRETARY OF STATE
ARCHIVES
1020 "O" STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 4, Division 5.5
of Title 1 4 of the California Code of Regulations, and consi sts of sections
numbered and titled as follows:
Chapter 4.
California Coastal Commission —
Conflict of Interest Code
General Provisions
Appendix A
Appendix B
NOTE: Authority cited: Section 87300. Government Code. Reference: Sections
87300, 87302 and 87306, Government Code.
History
1. New Chapter 4 (Sections 13040-13049) filed 4-10-78; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 3-8-78 (Register
78, No. 15).
2. Amendment of Section 1 3045 filed 4-29-80 as an emergency; effective upon
filing (Register 80, No. 18). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 8-28-80.
3. Amendment of Section 1 3045 filed 6-4-80 as an emergency; effective upon fil-
ing (Register 80, No. 23). A Certificate of Compliance must be filed by 8-28-80
or emergency language will be repealed.
4. Certificate of Compliance including amendment transmitted to OAL 8-26-80
and filed 9-24-80. Approved by Fair Political Practices Conunission 8-2-80
(Register 80. No. 39).
5. Editorial correction of Section 13045 filed 12-17-80 (Register 80, No. 51).
6. Repealer of former Chapter 4 (Sections 1 3040-13049) and new Chapter 4 (Sec-
tion 1 3040 and appendix) filed 2-27-85; effective thirtieth day thereafter. Ap-
proved by Fair Political Practices CoiiuTiission 2-13-85 (Register 85, No. 9).
7. Editorial correction of addresses and History 2 (Register 95, No. 7).
8. Amendment of section filed 3-30-95; operafive 5-1-95. Approved by Fair Po-
litical Practices Commission 10-30-91 (Register 95, No. 13).
9. Editorial correction eliminating a typographical error and providing a separate
listing for appendices A and B (Register 96, No. 47).
10. Amendment of Appendix A and NOTE filed 1 1-19-96; operafive 12-19-96.
Approved by Fair Political Pracfices Commission 7-19-96 (Register 96, No.
47).
1 1. Amendment of appendices A and B filed 3-10-98; operative 4-9-98. Ap-
proved by Fair Political Practices Commission 1-5-98 (Register 98, No. 1 1).
12. Amendment of Appendix A filed 9-4-2001; operative 10-4-2001. Approved
by Fair Political Practices Commission 7-13-2001 (Register 2001 , No. 36).
13. Amendment of Appendix A filed 7-18-2003; operafive 8-17-2003. Ap-
proved by Fair Political Practices Commission 4-24-2003 (Register 2003, No.
29).
13040.
Chapter 5. Coastal Development Permits
Issued by Coastal Commissions
§13050. Scope of Chapter.
Except as specifically provided by any subdivision hereof the provi-
sions of this chapter shall govern all coastal development permit applica-
tions required under Public Resources Code, Section 30601 , and under
Public Resources Code, Section 30600 where a local government has not
exercised its option to administer permits as provided in Sections
13301-13327 of these regulations.
§ 13050.5. Permit Jurisdiction over Portions of a
Development Not Within the Coastal Zone.
Except for the following circumstances a coastal development permit
shall only be required for a development or those portions of a develop-
ment actually located within the coastal zone:
(a) In the case of any division of land, a permit shall be required only
for any lots or parcels created which require any new lot lines or portions
of new lot lines in the coastal zone: in such instance, commission review
shall be confined to only those lots or portions of lots located within the
coastal zone.
(b) In the case of any development involving a structure or similar inte-
grated physical construction, a perinit shall be required for any such
structure or construction which is partially in and partially out of the
coastal zone.
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code. Refer-
ence: Division 20, Public Resources Code.
History
1 . New section filed 5-8-78 as an emergency; effective upon filing (Register 78,
No. 19).
2. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
§ 1 3051 . Reference to Regional Commission.
NOTE: Authority cited: Secfions 30331 and 30333, Public Resources Code.
History
1 . Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81, No. 33).
Page 592
Register 2003, No. 29; 7-18-2003
Title 14
California Coastal Commission
§ 13053.4
•
§ 13051.5. Reference to Executive Director.
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. New section filed 6-10-77; effective thirtieth dav thereafter (Register 77,
No. 24).
2. Repeal filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 1 . Regular Permits
Article 1. When Local Applications Must Be
Made First
§ 13052. When Required.
When developinent tor which a permit is required pursuant to Public
Resources Code, Section 30600 or 30601 also requires a permit from one
or more cities or counties or other state or local governmental agencies,
a permit application shall not be accepted for filing by the Executive Di-
rector unless all such governmental agencies have granted at a tninimum
their preliminary approvals for said development, except as provided in
section 13053. An applicant shall have been deemed to have complied
with the requirements of this Section when the proposed development
has received approvals of any or all of the following aspects of the pro-
posal, as applicable:
(a) Tentative map approval;
(b) Planned residential development approval;
(c) Special or conditional use permit approval;
(d) Zoning change approval;
(e) All required variances, except minor variances for which a permit
requirement could be established only upon a review of the detailed
working drawings;
(f) Approval of a general site plan including such matters as delinea-
tion of roads and public easement(s) for shoreline access;
(g) A final Environmental Impact Report or a negative declaration, as
required, including (1) the explicit consideration of any proposed grad-
ing; and (2) explicit consideration of alternatives to the proposed devel-
opment; and (3) all comments and supporting documentation submitted
to the lead agency;
(h) Approval of dredging and filling of any water areas;
(i) Approval of general uses and intensity of use proposed for each part
of the area covered by the application as permitted by the applicable local
general plan, zoning requirements, height, setback or other land use ordi-
nances;
(j) In geographic areas specified by the Executive Director of the Com-
mission, evidence of a commitment by local government or other appro-
priate entity to serve the proposed development at the time of completion
of the development, with any necessary municipal or utility services des-
ignated by the Executive Director of the Commission;
(k) A local government coastal development permit issued pursuant
to the requirements of Chapter 7 of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code; and Section 65941, Government Code.
History
1 . Amendment of subsection (g) and refiling of subsection (j) filed 6-10-77; effec-
tive thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 10-20-77 as an emergency; effective upon filing (Register
77, No. 43).
3. Amendment filed 1-19-78; effective thirtieth day thereafter (Register 78,
No. 3).
4. Amendment of subsection (j) filed 8-14-81; effective thirtieth day thereafter
(Register 81, No. 33).
5. Amendment of first paragraph and Note filed 9-20-99; operative 10-20-99
(Register 99, No. 39).
§ 13053. Where Preliminary Approvals Are Not Required.
(a) The executive director may waive the requirement for preliminary
approval by other federal, state or local governinental agencies for good
cause, including but not limited to:
(1) The project is for a public purpose;
(2) The impact upon coastal zone resources could be a major factor in
the decision of that state or local agency to approve, disapprove, or
modify the development;
(3) Further action would be required by other state or local agencies
if the coastal coinmission requires any substantial changes in the location
or design of the developinent;
(4) The state or local agency has specifically requested the coastal
commission to consider the application before it makes a decision or, in
a manner consistent with the applicable law, refuses to consider the de-
velopment for approval until the coastal commission acts, or
(5) A draft Environmental Impact Report upon the development has
been completed by another state or local governmental agency and the
time for any comments thereon has passed, and it, along with any com-
ments received, has been submitted to the commission at the time of the
application.
(b) Where a joint development permit application and public hearing
procedure system has been adopted by the commission and another
agency pursuant to Public Resources Code section 30337, the require-
ments of Section 1 3052 shall be inodified accordingly by the commission
at the time of its approval of the joint application and hearing system.
(c) The executive director may waive the requirements of section
13052 for developments governed by Public Resources Code, section
30606.
(d) The executive director of the commission may waive the require-
ment for preliminary approval based on the criteria of section 13053(a)
for those developments involving uses of more than local importance as
defined in secfion 13513.
(e) The executive director shall waive the requirement for preliminary
approval when required pursuant to Government Code section 65941(c).
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
fion 30620, Public Resources Code; and Section 65941, Government Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsections (a)(5) and (d) filed 8-14-81 ; effecfive thirtieth day
thereafter (Register 81, No. 33).
3. Amendment of subsections (a)(3) and (d) filed 8-2-89; operative 9-1-89 (Reg-
ister 89, No. 32).
4. Amendment of subsections (b)-(d), new subsection (e) and amendment of Note
filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 2. Application for Permit
§ 13053.4. Single Permit Application.
(a) To the maximum extent feasible, functionally related develop-
ments to be performed by the same applicant shall be the subject of a
single permit application. The executive director shall not accept for fil-
ing a second application for development which is the subject of a permit
application already pending before the commission. This section shall
not limit the right of an applicant to amend a pending application for a
permit in accordance with the provisions of section 13072.
(b) The executive director shall not accept for filing an application for
development on a lot or parcel or portion thereof which is the subject of
a pending proposal for an adjustment to the boundary of the coastal zone
pursuant to Public Resources Code section 30103(b).
NotE; Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Repealer of Article 2 (Secfions 13053.5 and 13053.6) and new Article 2 (Sec-
nons 13053.4-13053.6) filed 5-29-79; effective thirtieth day thereafter (Regis-
ter 79, No. 22). For history of former article, see Registers 79, No. 10; 79, No.
9; and 77, No. 24.
Page 593
Register 99, No. 24; 9-24-99
§ 13053.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter
(Register 81, No. 33).
3. Repealer of subsection (b) and subsection reletterins filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
§ 13053.5. Application Form and Information
Requirements.
The permit application form shall require at least the following items:
(a) An adequate description including maps, plans, photographs, etc.,
of the proposed development, project site and vicinity sufficient to deter-
mine whether the project complies with all relevant policies of the Coast-
al Act, including sufficient information concerning land and water areas
in the vicinity of the site of the proposed project, (whether or not owned
or controlled by the applicant) so that the Commission will be adequately
informed as to present uses and plans, both public and private, insofar as
they can reasonably be ascertained for the vicinity surrounding the proj-
ect site. The description of the development shall also include any feasi-
ble alternatives or any feasible mitigation measures available which
would substantially lessen any significant adverse impact which the de-
velopment may have on the environment. For purposes of this section the
term "significant adverse impact on the environment" shall be defined as
in the California Environmental Quality Act and the GuideUnes adopted
pursuant thereto.
(b) A description and documentation of the applicant's legal interest
in all the property upon which work would be performed, if the applica-
tion were approved, e.g., ownership, leasehold, enforceable option, au-
thority to acquire the specific property by eminent domain.
(c) A dated signature by or on behalf of each of the applicants, attesting
to the taith, completeness and accuracy of the contents of the application
and, if the signer of the application is not the applicant, written evidence
that the signer is authorized to act as the applicant's representative and
to bind the applicant in all matters concerning the application.
(d) In addition to full size drawings, maps, photographs, and other ex-
hibits drawn to scale, either one (1) copy of each drawing, map, photo-
graph, or other exhibit approximately 8 1/2 in. by 11 in., or if the applicant
desires to distribute exhibits of a larger size, enough copies reasonably
required for distribution to those persons on the Commission's mailing
lists and for inspection by the public in the Commission office. A reason-
able number of additional copies may, at the discretion of the Executive
Director, be required.
(e) Any additional information deemed to be required by the commis-
sion or the commission's executive director for specific categories of de-
velopment or for development proposed for specific geographic areas.
(f) The form shall also provide notice to applicants that failure to pro-
vide truthful and accurate information necessary to review the permit
application or to provide public notice as required by these regulations
may result in delay in processing the application or may constitute
grounds for revocation of the permit.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30601.5 and 30620, Public Resources Code.
History
1. Amendment of subsections (a), (d) and (e) filed 8-14-81; effective thirtieth day
thereafter (Register 81, No. 33).
2. Amendment of subsection (b) filed 4-22-82; effective thirtieth day thereafter
(Register 82, No. 17).
3. Amendment of subsections (a) and (d) filed 9-20-99; operative 10-20-99
(Register 99, No. 39).
§ 13053.6. Amendment of Application Form.
The executive director of the commission may, from time to time, as
he or she deems necessary, amend the format of the application form,
provided, however, that any significant change in the type of information
requested must be approved by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Article 3. Applicant's Notice Requirements
§ 13054. Identification of Interested Persons/Submission
of Envelopes/Posting of Site.
(a) For applications filed after the effective date of this subsection, the
applicant shall provide names and addresses of, and stamped envelopes
for adjacent landowners and residents, and other interested persons as
provided in this section. The applicant shall provide the cominission with
a list of:
(1) the addresses of all residences, including each residence within an
apartment or condoininium complex, located within one hundred (100)
feet (not including roads) of the perimeter of the parcel of real property
of record on which the development is proposed,
(2) the addresses of all owners of parcels of real property of record lo-
cated within one hundred (100) feet (not including roads) of the perimeter
of the parcel of real property of record on which the development is pro-
posed, based upon the most recent equalized assessment roll, and
(3) the names and addresses of all persons known to the applicant to
be interested in the application, including those persons who testified at
or submitted written comments for the local hearing(s).
This list shall be part of the public record maintained by the commis-
sion for the application.
(b) The applicant shall also provide the commission with stamped en-
velopes for all addresses on the list prepared pursuant to subsection (a)
above. Separate stamped envelopes shall be addressed to "owner," "oc-
cupant," or the name of the interested person, as applicable. The appli-
cant shall also place a legend on the front of each envelope including
words to the effect of "Important. Public Hearing Notice." The executive
director shall provide an appropriate stamp for the use of applicants in the
commission office. The legend shall be legible and of sufficient size to
be reasonably noted by the recipient of the envelope. The executive di-
rector may waive this requirement for addresses identified under subsec-
tion (a)(1) and (2) above and may require that some other suitable form
of notice be provided by the applicant to those interested persons pur-
suant to section 13063(b) of these regulations.
(c) If at the applicant's request, the public hearing on the application
is postponed or continued after notice of the hearing has been mailed, the
applicant shall provide an additional set of stamped, addressed envelopes
that meet the requirements of section 13054(b). The additional set of
stamped, addressed envelopes shall be submitted within ten days of the
commission's decision to postpone or continue the hearing.
(d) At the time the application is submitted for filing, the applicant
must post, at a conspicuous place, easily read by the public which is also
as close as possible to the site of the proposed development, notice that
an application for a permit for the proposed development has been sub-
mitted to the commission. Such notice shall contain a general description
of the nature of the proposed development. The commission shall furnish
the applicant with a standardized form to be used for such posting. If the
applicant fails to sign the declaration of posting, the executive director
of the commission shall refuse to file the application.
(e) Pursuant to Sections 13104 through 13108.5, the commission shall
revoke a permit if it determines that the permit was granted without prop-
er notice having been given.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Amendment to subsections (a) and (c) filed 6-10-77; effective thirtieth day
thereafter (Register 77, No. 24).
2. Amendment of subsection (a) filed 8-22-77 as an emergency; effective upon
filing (Register 77, No. 35).
3. Amendment of subsection (a) filed 9-30-77, effective thirtieth day thereafter
(Register 77, N 40). Amendment subs ion ) a (c) filed 8-81; effective thirtieth
day thereafter (Register 81, No. 5).
4. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
5. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
•
Page 594
Register 99, No. 24; 9-24-99
Title 14
California Coastal Commission
§ 13055
6. Amendment of article heading, section heading and section filed 9-20-99; op-
erative 10-20-99 (Register 99, No. 39).
Article 4. Schedule of Filing Fees for
Processing Permit Applications and Other
Filings
§13055. Fees.
(a) Filing fees for processing coastal development permit applications
shall be as follows:
(1 ) $2,500 for any development qualifying for an administrative per-
mit.
(2) (A) For up to 4 detached, single-family residences the fee for each
residence shall be based on the square footage of the proposed residence
as shown in the following table:
Square Footage of Proposed Fee
Residence
1500 or less $3,000
1501 to 5000 $4,500
5001 to 10,000 $6,000
10,001 or more $7,500
(B) For more than 4 detached, single-family residences, the fee shall
be as follows:
(1 ) For residences of 1500 square feet or less, the fee shall be $15,000
or $1,000 per residence, whichever is greater, but not to exceed
$100,000;
(2) For residences of 1501 to 5000 square feet, the fee shall be $22,500
or $1,500 per residence, whichever is greater, but not to exceed
$100,000;
(3) For residences of 5001 to 10,000 square feet, the fee shall be
$30,000 or $2,000 per residence, whichever is greater, but not to exceed
$100,000;
(4) For residences of 10,001 or more square feet, the fee shall be
$37,500 or $2,500 per residence, whichever is greater, but not to exceed
$100,000.
For developments that include residences of different sizes, the fee
shall be based upon the average square footage of all the residences.
(C) As used herein, the term "square footage" includes gross internal
floor space of the main house and attached garage(s), plus any detached
structures (e.g., guest houses, detached bedrooms, in-law units, garages,
bams, art studios, tool sheds, and other outbuildings.)
(3) (A) For up to 4 attached residential units the fee shall be $7,500.
(B) For more than 4 attached residential units, the fee shall be $10,000
or $750 per unit, whichever is greater, but not to exceed $50,000.
(4) All projects that include more than 50 cubic yards of grading shall
be subject to an additional fee as shown on the following table:
Cubic Yards of Grading Fee
51 to 100 $500
101 to 1000 $1,000
1001 to 10,000 $2,000
10,001 to 100,000 $3,000
100,001 to 200,000 $5,000
200,001 or more $10,000
This fee does not apply to residential projects that qualify for adminis-
trative permits.
(5) For office, commercial, convention, or industrial (including ener-
gy facilities as defined in Pubhc Resouces Code section 30107) develop-
ment, and for all other development not otherwise identified in this sec-
tion, the fee shall be based upon either the gross square footage as shown
in (5)(A) or the development cost as shown in (5)(B) whichever is great-
er.
(A) Fees based upon gross square footage shall be as follows:
Square Footage Fee
of Proposed Development
1000 or less $5,000
1001 to 10,000 $10,000
10,001 to 25,000 $15,000
25.001 to 50,000 $20,000
50,001 to 100,000 $30,000
100,001 or more $50,000
(B)(1) Fees based upon development cost shall be as follows:
Development Cost Fee
$100,000 or less $3,000
$100,001 to $500,000 $6,000
$500,001 to $2,000,000 $10,000
$2,000,001 to $5.000000 $20,000
$5,000,001 to $10,000000 $25,000
$10,000,001 to $25,000,000 $30,000
$25,000,001 to $50,000,000 $50,000
$50,000,00 1 to $ 1 00.000,000 $ 1 00,000
$100,000,001 or more $250,000
(2) As used herein, the term "development cost" includes all expendi-
tures, including the cost for planning, engineering, architectural, and oth-
er services, made or to be made for designing the project plus the esti-
mated cost of construction of all aspects of the project both inside and
outside the Commission's jurisdiction.
(6) $1,000 for immaterial amendments to coastal development per-
mits, and fifty percent (50%) of the permit fee that would currently apply
to the permitted development for material amendments to coastal devel-
opment permits.
(7) $ 1 ,000 for emergency permits. A fee paid for an emergency permit
shall be credited toward the fee charged for the follow-up coastal devel-
opment permit.
(8) $2,500 for temporary events that require a permit, unless the ap-
plication is scheduled on the administrative calendar, in which case the
fee shall be $1,000.
(b) Filing fees for filings other than coastal development permit ap-
plications shall be as follows:
(1) (A) $500 for either an extension or reconsideration of coastal de-
velopment permit for a single-family dwellings.
(B) $1 ,000 for an extension or reconsideration of any other coastal de-
velopment permit.
(2) $500 for a "de minimis" waiver of a coastal development permit
application pursuant to Public Resources Code section 30624.7 and for
a waiver pursuant to sections 13250(c) and 13253(c) of this title.
(3) $250 for any written confirmation of exemption from permit re-
quirements of Public Resources Code section 30600.
(4) $1,000 for any continuance requested by the applicant, except the
first continuance.
(5) The filing fee for:
(A) any certification of consistency that is submitted to the Commis-
sion pursuant to secfions 307(c)(3)(A) or (B) of the Coastal Zone Man-
agement Act of 1972 (16 use secfion 1456(c)(3)(A), (B)), or
(B) any appeal to the Commission pursuant to Public Resources Code
sections 30602 or 30603(a)(5) by an applicant of a denial of a coastal de-
velopment permit application
shall be determined in accordance with the provisions of subsection
(a).
(6) The request for a boundary determination pursuant to either section
13255. 1 or 1 3576(c) shall be accompanied by a filing and processing fee
of $250. For a request for a boundary determination pursuant to section
13255.1 or 13576(c)(2) that pertains to two or more parcels, the fee shall
be paid on a per parcel basis.
(7) The request for a boundary adjustment pursuant to section 1 3255.2
shall be accompanied by a filing and processing fee of $5,000.
(c) The fees established in this section shall be increased annually by
an amount calculated on the basis of the percentage change from the year
in which this provision becomes effective in the California Consumer
Price Index for Urban Consumers as determined by the Department of
Industrial Relafions pursuant to Revenue and Taxation Code Secfion
2212. The increased fee amounts shall become effective on July 1 of each
year. The new fee amounts shall be rounded to the nearest dollar.
(d) Fees for an after-the-fact (ATF) permit application shall be five
times the amount specified in secfion (a) unless such added increase is
reduced by the Execufive Director when it is determined that either:
(1) the ATF permit application can be processed by staff without sig-
nificant additional review time (as compared to the time required for the
processing of a regular permit,) or
Page 595
Register 2008, No. 18; 5-2-2008
§ 13056
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) the owner did not undertake the development for which the owner
is seei<ing the ATF permit,
but in no case shall such reduced fees be less than double the amount spe-
cifiedin section (a) above. For applications that include both ATF devel-
opment and development that has not yet occurred, the ATF fee shall ap-
ply only to the ATF development. In addition, payment of an ATF fee
shall not relieve any persons from fully complying with the requirements
of Division 20 of the Public Resources Code or of any permit granted
thereunder or from any penalties imposed pursuant to Chapter 9 of Divi-
sion 20 of the Public Resources Code.
(e) Where a development consists of a land division including, but not
limited to, lot line adjustments or issuance of a conditional certificate of
compliance pursuant to Government Code section 66499.35(b), the fee
shall be $3,000 for each of the first four lots, plus $ 1 ,000 for each addi-
tional lot. Conversion to condominiums shall be considered a division of
the land.
(f) If different types of developments are included in one permit ap-
plication, the fee shall be the sum of the fees that would apply if each de-
velopment was proposed in a separate application. However, in no case
shall the fee for residential development exceed $100,000 and in no case
shall the fee for all other development exceed $250,000.
(g) In addition to the above fees, the commission may require the ap-
plicant to reimburse it for any additional reasonable expenses incurred
in processing the permit application, including the costs of providing
public notice. Notwithstanding the foregoing, the commission shall not
require an applicant for a permit for one single-family dwelling to reim-
burse it for litigation costs or fees that the commission may incur in de-
fending a judicial challenge to the commission's approval of the permit.
(h) The fees specified in sections (a) and (b) may be modified under
the following circumstances:
(1) The executive director shall waive the application fee where re-
quested by resolution of the commission.
(2) The executive director of the commission shall waive the filing and
processing fee in full or in part for an application for a housing develop-
ment that contains housing units the occupancy of which by persons of
low or moderate income as defined in Health and Safety Code section
50093 is assured for the period of time specified in Government Code
section 65915(c)(1). Applications for projects that will create a greater
pubhc benefit will have a larger portion of the fee waived than applica-
tions for projects that will create a lesser public benefit. The executive
director will determine the degree of public benefit based on a variety of
factors, including, but not limited to (A) the total number of affordable
units, (B) the proportion of affordable units in the development, (C) the
degree of affordability, and (D) the availability of, and demand for, af-
fordable units in the area. Applications for projects that will exceed cur-
rent requirements for affordable housing under the law will receive a
larger fee waiver than applications for projects which do not.
(3) For applications received prior to January 1, 2015, the executive
director of the Commission shall reduce the filing fee for projects that are
certified at a minimum of the U.S. Green Building Council's Leadership
in Energy and Environmental Design (LEED) Gold standard or equiva-
lent. The executive director shall determine if an alternative certification
is equivalent to the LEED Gold standard based on a comprehensive re-
view of the certificafion program's ability to ensure an equivalent or
greater environmental benefit. After registering a project with an ap-
proved third-party certification program, applicants expecting to obtain
a certification that qualifies for the above-mentioned fee reduction must
submit 60% of the filing fee required pursuant to section 1 3055 and a let-
ter of credit or other cash substitute approved by the executive director
in the amount of the remainder of the required filing fee. After submitting
proof of certificafion at a minimum of LEED Gold or equivalent, the let-
ter of credit or other cash substitute will be released by the Commission
to the applicant. If the applicant does not receive a minimum of LEED
Gold cerfification or equivalent within three years of the date of permit
issuance, the Commission will cash the letter of credit or other cash sub-
sfitute. The executive director may grant an extension of the three year
deadline for good cause. Request for extension must be submitted to the
executive director in writing at least 60 days prior to the deadline, outlin-
ing the reason for the request and the expected completion date. The ex-
tension shall not exceed one year.
(i) The required fee shall be paid in full at the time an applicafion is
filed. However, applicants for an administrative permit shall pay an addi-
tional fee after filing if the executive director or the commission deter-
mines that the application cannot be processed as an administrative per-
mit. The additional fee shall be the amount necessary to increase the total
fee paid to the regular fee. The regular fee is the fee determined pursuant
to this section. In addifion, if the executive director or the commission
determines that changes in the nature or description of the project that oc-
cur after the initial filing result in a change in the amount of the fee re-
quired pursuant to this section, the applicant shall pay the amount neces-
sary to change the total fee paid to the fee so determined. If the change
results in a decreased fee, a refund will be due only if no significant staff
review fime has been expended on the original application. If the change
results in an increased fee, the addifional fee shall be paid before the per-
mit application is scheduled for hearing by the commission. If the fee is
not paid prior to commission action on the applicafion, the commission
shall impose a special condidon of approval of the permit. Such special
condition shall require payment of the additional fee prior to issuance of
the permit.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30620(c) and 30253, Public Resources Code.
History
1 . Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
24).
2. Amendment of subsections (a) and (b) filed 1-28-81; effective thirtieth day
thereafter (Register 81, No. 5).
3. Amendment of subsection (d) filed 8-14-81; effective thirtieth day thereafter
(Register81,No. 33).
4. Amendment filed 5-30-91 as an emergency; operative 5-30-91 (Register 91,
No. 31). A Certificate of Compliance must be transmitted to OAL by 9-27-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 5-30-91 order transmitted to OAL 9-18-92 and
filed 10-21-92 (Register 92, No. 43).
6. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
7. Amendment of article heading, secfion and Note filed 3-14-2008; operative
3-14-2008 pursuant to Government Code secfion 1 1343.4 (Register 2008, No.
11).
8. Editorial correction of subsection (a)(5)(B)(l) (Register 2008, No. 18).
Article 5. Determination Concerning Filing
§13056. Filing.
(a) A permit applicafion shall be submitted on the form issued pursuant
to secfions 13053.5 and 13053.6, together with all necessary attachments
and exhibits, and a filing fee pursuant to section 13055. The executive
director shall file the application only after reviewing it and finding it
complete. The executive director shall cause to be affixed to all applica-
tions for permits:
(1) A date of receipt reflecfing the date they are received; and
(2) A date of filing reflecting the date it is filed.
(b) The execufive director shall make the filing determinafion in writ-
ing within ten (10) working days, if feasible, but in no event later than
thirty (30) calendar days after the date it is received in the offices of the
commission during its normal working hours. The execufive director
shall mail the filing determination to the applicant.
(c) If the execufive director finds the application incomplete, he or she
shall specify those parts of the application which are incomplete, and de-
scribe the specific materials needed to complete the application. Not later
than thirty (30) calendar days after receipt of the requested materials, the
executive director shall determine whether the submittal of the requested
materials is complete and transmit that determinafion in writing to the ap-
plicant.
(d) An applicant may appeal to the commission a determinafion by the
execufive director that an application is incomplete. The appeal shall be
Page 596
Register 2008, No. 18; 5-2-2008
Title 14
California Coastal Commission
§ 13057
submitted in writing. The executive director shall schedule the appeal for
the next commission hearing or as soon thereafter as practicable but in
no event later than sixty (60) calendar days after receipt of the appeal of
the filing determination and shall prepare a written recommendation to
the commission on the issues raised by the appeal of the filing determina-
tion. The commission may overturn the executive director's determina-
tion and/or direct the executive director to prepare a different determina-
tion reflecting the commission's decision. Otiierwise, the executive
director's determination shall stand. The executive director shall issue
any such different determination that the commission may direct no later
than sixty (60) calendar days after receipt of the appeal of the filing deter-
mination.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code; and Sections 65943 and 65952, Government
Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Amendment of section and Note filed 9-20-99: operative 10-20-99 (Register
99, No. 39).
§13056.1. Reapplication.
(a) Following a withdrawal of or a final decision upon an application
for a coastal development permit, no applicant or successor in interest to
an applicant may reapply to the commission for a development permit for
substantially the same development for a period of six (6) months from
the date of the prior withdrawal or final decision. The executive director
shall decide whether an application is for "substantially the same" devel-
opment as that which was withdrawn or upon which a final determination
has been rendered within the filing determination period set forth in sec-
tion 13056.
(b) If the executive director determines, on a case-by-case basis, that
an application is for substantially the same development as that which
was withdrawn or upon which the commission has rendered a final deci-
sion within the previous six months, the executive director shall reject the
application for filing.
(c) If the executive director determines, on a case-by-case basis, that
an application is not for substandally the same development as that which
was withdrawn or upon which the commission has rendered a final deci-
sion within the previous six months, the application shall be treated as a
new application.
(d) The applicant or the successor in interest to an applicant may ap-
peal to the commission the determination of the execufive director in the
manner provided in section 13056. The commission may vote to overturn
the determination of the executive director. Otherwise the executive di-
rector's determination shall stand.
(e) The commission or the executive director may waive the six-
month waiting period provided in this section for good cause.
History
1. Renumbering and amendment of former section 13109 to new section 13056.1
filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 6. Staff Reports
§ 1 3057. Preparation of Staff Reports.
(a) The executive director shall prepare a written staff report for each
application filed pursuant to section 1 3056, except as provided for in sec-
tion 13058 (consolidated staff reports), section 13150 (administrative
permits) and section 13238.1 (waivers of permit application). The staff
report shall include the following:
(1) An adequate description, including legible and reproducible maps,
plans, photographs, etc. of the proposed development, project site and vi-
cinity sufficient to determine whether the proposed project complies with
all relevant policies of the Coastal Act;
(2) A summary of significant questions of fact;
(3) A summary of the applicable policies of the Coastal Act;
(4) A copy or summary of public comments on the application;
(5) A summary of any issues of the legal adequacy of the application
to comply with the requirements of the Coastal Act;
(6) Staff's recommendation, including specific findings, prepared in
accordance with subsection (c).
(b) The staff report shall also include as applicable:
(1) A copy or summary of the Environmental Impact Report or Envi-
ronmental Impact Statement as it relates to the issues of concern to the
commission, or if no such report was prepared, any negative declaradon
or finding of no significant impact;
(2) A discussion of related previous applications;
(c) The staffs recommendation required by subsection (a)(6) above
shall contain:
(1 ) Specific findings, including a statement of facts, analysis, and legal
conclusions as to whether the proposed development conforms to the re-
quirements of the Coastal Act including, but not limited to, the require-
ments of Public Resources Code section 30604.
(2) Specific findings evaluating the conformity of the development
with the requirements of section 21080.5(d)(2)(A) of the Public Re-
sources Code.
(3) Responses to significant environmental points raised during the
evaluation of the proposed development as required by the California En-
vironmental Quality Act.
(4) A recommendation as to whether the commission should grant the
application, with or without conditions, or deny the application.
(5) In the case of a recommendation of approval with conditions, iden-
tification of the specific conditions recommended by the executive direc-
tor and a discussion of why the identified conditions are necessary to en-
sure that the development will be in accordance with the Coastal Act.
(d) Notwithstanding the requirement of subsection (a)(6) hereof, with
respect to any application, the executive director may elect to prepare
first a partial staff report that does not contain the recommendafion re-
quired by subsection (c)(4) and (c)(5) where he or she determines that
public comment and commission discussion would facilitate preparation
of such recommendafion. The executive director shall comply with all
other procedures applicable to staff reports including procedures for the
distribuUon of staff reports and for the noficing of hearings.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 21080.5, 30604, 30607 and 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. New Note filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Repealer and new article heading and section filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
[The next page is 597.]
Page 596.1
Register 2008, No. 18; 5-2-2008
Title 14
California Coastal Commission
§ 13063
•
•
§ 13058. Consolidation of Staff Reports; Consolidation of
Public Hearings.
Where two or more applications are legally or factually related, the ex-
ecutive director may prepare a consolidated staff report. Either the com-
mission or the executive director may consolidate a public hearing where
such consolidation would facilitate or enhance the commission's ability
to review the developments for consistency with the requirements of the
Coastal Act. A separate vote shall be taken for each application.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30621, Public Resources Code.
History
1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment of section heading, section and Note filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
§ 1 3059. Distribution of Staff Reports.
The executive director shall distribute the staff report by mail to all
members of the commission, to the applicant(s), to all affected cities and
counties, to all public agencies which have jurisdiction, by law, with re-
spect to the proposed development and to all persons who specifically re-
quested it. With respect to all other persons known to have a particular
interest in the application, including those specified in section 13054(a),
the executive director shall provide notice pursuant to section 13063 or
1 301 5 that the staff report shall be distributed only to those persons who
request it. Staff reports shall be distributed within a reasonable time to
assure adequate notification prior to the scheduled public hearing. The
staff report may either accompany the meeting notice required by section
1 301 5 or may be distributed separately. The commission may require any
person who desires copies of staff reports to provide a self-addressed
stamped envelope for each desired mailing. The commission may also
require that interested persons provide reimbursement for duplicating
costs.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006, 30620 and 30621, Public Resources Code; and Section 6253, Gov-
ernment Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment of secfion heading, section and Note filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
•
Article 7. Public Comments on
Applications
§ 13060. Written Comments on Applications and Staff
Reports.
Written communications regarding applications and staff reports shall
be distributed in accordance with the following procedures:
(a) Except as stated in subsection (c) below, the executive director
shall distribute to all commission members the text or a summary of all
relevant communications which are received prior to the close of the pub-
lic testimony portion of the public hearing.
(b) Written communications must be received by the executive direc-
tor in the appropriate district office prior to the day of the hearing or in
the hearing room on the day of the public hearing. The executive director
does not accept responsibility for the cost or delivery of written commu-
nications to the hearing room.
(c) The executive director may summarize communications orally
rather than distribute the communications to each commission member
if the executive director receives lengthy communications, a sizable
number of similar communications, or communications received too late
to provide copies to the commission.
(d) Written communications shall be available at the commission of-
fice for review by any person during normal working hours.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006, 30620 and 30621, Public Resources Code; and Section 6253, Gov-
ernment Code.
History
1. Amendment filed 6- J 0-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment of section heading, section and Note filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
§ 1 3061 . Treatment of Similar Communications.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 3.3).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 8. Hearing Dates
§13062. Scheduling.
The executive director of the commission shall set each application
filed for public hearing no later than the 49th day following the date on
which the application is filed. All dates for public hearing shall be set
with a view toward allowing adequate public dissemination of the infor-
mation contained in the application prior to the time of the hearing, and
toward allowing public participation and attendance at the hearing while
affording applicants expeditious consideration of their permit applica-
tions.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30621, Public Resources Code.
History
1. Amendment filed 5-29-79; effective thirtieth day thereafter (Register 79,
No. 22).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13063. Distribution of Notice.
(a) At least 10 calendar days prior to the date on which the application
will be heard by the commission, the executive director shall mail written
notice to each applicant, to all affected cities and counties, to all public
agencies which have jurisdiction, by law, with respect to a proposed de-
velopment, to all persons who have requested it, and to all persons known
by the executive director to have a particular interest in the application,
including those specified in section 13054(a). The notice shall contain
the following elements:
(1) The number assigned to the application;
(2) A description of the development and its proposed location;
(3) The date, time and place at which the application will be heard by
the commission;
(4) The general procedure of the commission concerning hearings and
action on applications;
(5) The direction to persons wishing to participate in the public hearing
that testimony should be related to the regional and statewide issues ad-
dressed by the Coastal Act; and
(6) A statement that staff reports will be distributed as set forth in sec-
tion 13059.
(b) In lieu of providing mailed notice to persons specified in section
13054(a)(l)-(2) as required by subsection (a) above, the executive direc-
tor may direct the applicant to substitute notice in one or more newspa-
pers of general circulation in the area of the project for the written mailed
notice if the executive director determines:
(1 ) It is reasonable to expect adequate or better notice to interested par-
ties through publication; and
Page 597
Register 99, No. 24; 9-24-99
§ 13064
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) Written notice to individuals would be unreasonably burdensome
to the applicant in view of the overall cost and type of project involved.
A statement of reasons supporting the executive director's determina-
tion to direct the applicant to substitute newspaper notice shall be placed
in the file.
(c) Where a public agency or other person identified in this section re-
ceives the notice required by sections 13015-13017, a separate notice is
not required pursuant to this section.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tions 30006, 30620 and 30621 , Public Resources Code.
History
1 . Amendment filed 8-22-77 as an emergency; effective upon filing (Register 77,
No. 35). For prior history, see Register 77, No. 24.
2. Certificate of Compliance filed 12-22-77 (Register 77, No. 52).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Reeister 81, No.
33).
4. Amendment of section heading, section and Note filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
Article 9. Oral Hearing Procedures
§ 1 3064. Conduct of Hearing.
The commission's public hearing on a permit matter shall be con-
ducted in a manner deemed most suitable to ensure fundamental fairness
to all parties concerned, and with a view toward securing all relevant in-
formation and material necessary to render a decision without unneces-
sary delay.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
]. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13065. Evidence Rules.
The hearing need not be conducted according to technical rules relat-
ing to evidence and witnesses. Any relevant evidence shall be considered
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the admission
of such evidence over objection in civil actions. Unduly repetitious or ir-
relevant evidence shall be excluded upon order by the chairperson of the
commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13066. Order of Proceedings.
The commission's public hearing on a permit application shall, unless
the chairperson directs otherwise, proceed in the following order:
(a) The executive director shall make a presentation to the commission
identifying the application, describing the project, and summarizing the
staff recommendation, including the proposed findings, proposed condi-
tions, and written correspondence received prior to the public hearing.
(b) The public testimony portion of the public hearing shall proceed
in the following order:
(1) Persons or their representatives desiring to state their views on the
application shall have the opportunity to do so as follows:
(A) The applicant;
(B) Other persons supporting the application;
(C) Persons opposing the application;
(D) Other persons.
(2) The chairperson may allow rebuttal testimony by the applicant in
accordance with Public Resources Code section 30333.1(a).
(3) The executive director may respond to and comment, as appropri-
ate, on the testimony presented by any previous speaker.
(4) The chairperson may close the public testimony portion of the pub-
lic hearing when a reasonable opportunity to present all questions and
points of view has been allowed.
(c) Questions by commissioners will be in order at any time following
any person's presentation.
(d) At the conclusion of the public testimony portion of the public
hearing, the executive director may propose to change the staff recom-
mendation or the commission may propose to add, delete, or modify the
conditions contained in the staff recommendation. TTie applicant and the
executive director shall have an opportunity to comment briefly and spe-
cifically on any proposed change.
(e) The commission shall vote on a permit application in accordance
with section 13090.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30333 and 30333.1, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter
(Register 81, No. 33).
3. Amendment of section and NOTE filed 9-20-99: operative 10-20-99 (Register
99, No. 39).
§13067. Speaker's Presentations.
(a) Speakers' presentations shall be to the point and shall be as brief
as possible. The commission may establish reasonable time limits for
presentations. The time limits shall be made known to all speakers prior
to any hearing. The chairperson may require individuals to consolidate
their comments to avoid repetition.
(b) In order for audio, visual or audio-visual materials to be consid-
ered by the commission, they must be submitted to staff in the course of
review of the application or shown in full at the public hearing. The pre-
sentation of these materials shall occur within the time limit allocated to
speakers.
(c) The speaker must submit all materials presented at the public hear-
ing to the staff for inclusion in the record of the proceeding. Any speaker
who, as part of his or her presentation, exhibits models or other large ma-
terials may satisfy this requirement by: (1) submitting accurate reproduc-
tions or photographs of the models or other large materials and (2) agree-
ing in writing to make such materials available to the commission if
necessary for any administrative or judicial proceeding.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
3. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No.
39).
§13068. Other Speakers.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1 . Repealer of subsection (c) filed 6-10-77; effective thirtieth day thereafter (Reg-
ister 77, No. 24).
2. Repealer of section and new Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
•
Article 10. Field Trips
§ 13069. Field Trips— Procedures.
Whenever the commission is to take a field trip to the site of any pro-
posed project, the chairperson shall decide, and the executive director
shall provide public notice of the time, location and intended scope of the
field trip.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Page 598
Register 99, No. 24; 9-24-99
Title 14
California Coastal Commission
§ 13076
Article 11. Additional Hearings, Withdrawal
and Off-Calendar Items, Amended
Applications
§13070. Continued Hearings.
A public hearing on an application may be completed in one commis-
sion meeting. However, the commission may vote to continue the hear-
ing to a subsequent meeting. Notice of the subsequent hearing shall be
distributed to the persons and in the manner provided for in section
13063.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30621, Public Resources Code.
History
1 . Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
§ 1 3071 . Withdrawal of Application.
(a) At any time before the commission commences calling the roll for
a vote on an application, an applicant may withdraw the application.
(b) Withdrawal must be in writing or stated on the record and does not
require commission concurrence. Withdrawal shall be permanent except
that the applicant may file a new application for the same development
subject to the requirements of sections 13056 and 13056.1.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30333 and 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (c) filed 6-14-78 as an emergency; effective upon
filing (Register 78, No. 24).
3. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
4. Amendment filed 5-29-79; effecfive thirtieth day thereafter (Register 79,
No. 22).
5. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 1 20 days or emergency
language will be repealed on 5-3-80.
6. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
7. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
8. Amendment of subsection (b) and Note filed 9-20-99; operaUve 10-20-99
(Register 99, No. 39).
§ 13072. Procedures for Amended Application.
(a) If prior to the public hearing on an application, an applicant wishes
to amend the application in a manner the executive director determines
is material, the executive director shall prepare a staff report pursuant to
section 13057 and the commission shall vote on the amended application
only if:
(1) The applicant agrees in writing to extend the final date for public
hearing or
(2) The executive director determines that staff does not need addition-
al time to prepare the staff report or provide notice to the public.
(b) If at the public hearing on an application, an applicant wishes to
amend the application in a manner the executive director determines is
material, the commission may vote on the amended application at that
public hearing if:
(1) Adequate public notice has already been provided and
(2) The proposed amended project was adequately reviewed during
the public hearing.
(c) Conditions recommended by the executive director or imposed by
previous commission action shall not be considered an amendment to the
application.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30621, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsections (b) and (c) filed 8-14-81; effecfive thirtieth day
thereafter (Register 81, No. 33).
3. Amendment filed 9-20-99; operafive 10-20-99 (Register 99, No. 39).
Article 12. Preparation of Staff
Recommendation
§13073. Applicant's Postponement.
(a) Where an applicant for a coastal development permit determines
that he or she is not prepared to respond to the staff recommendation at
the meeting for which the vote on the application is scheduled, the appli-
cant shall have one right, pursuant to this section, to postpone the vote to
a subsequent meeting. The applicant's right to postpone shall be exer-
cised prior to commencement of the public testimony portion of the pub-
lic hearing.
(b) An applicant's request for postponement, not made as a matter of
right pursuant to section 13073(a), shall be granted at the commission's
discretion. The executive director shall, to the extent feasible, notify all
persons the executive director knows to be interested in the application
of the postponement. The commission shall not grant a request for post-
ponement under this subdivision unless it determines that sufficient time
remains under applicable deadlines for its action on the application.
(c) Any request for postponement pursuant to subsections (a) or (b)
shall be in writing or stated on the record in a commission meeting and
shall include a waiver of any applicable time limits for commission ac-
tion on the application. Where a request for postponement is granted pur-
suant to subsections (a) or (b), the applicant shall provide another set of
stamped, addressed envelopes consistent with the requirements of sec-
tion 13054.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
nons 30620 and 30621, Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
2. Repealer of former section 1 3073 and renumbering of former section 13085 to
secdon 13073, including amendment of section and Note, filed 9-20-99; op-
erative 10-20-99 (Register 99, No. 39).
§13074. Rescheduling.
Where consideration of an application is postponed, the executive di-
rector shall, to the extent feasible, schedule further consideration of the
application by the commission at a time and location convenient to all
persons interested in the application. Notice of the rescheduled hearing
shall be distributed to the persons and in the manner provided for in sec-
tion 13063.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006 and 30621, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
3. Repealer of former section 1 3074 and renumbering of former section 1 3087 to
secfion 13074, including amendment of section and Note, filed 9-20-99; op-
erafive 10-20-99 (Register 99, No. 39).
§13075. Final Staff Recommendation.
NOTE; Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
fions 30604 and 30625, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13076. Distribution of Final Staff Recommendation.
NOTE: Authority and reference cited: Secfion 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
Page 599
Register 99, No. 24; 9-24-99
§ 13077
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. New Note filed 8-14-81; effective thirtieth day thereafter (Resister 81,
No. 33).
3. Repealer Filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13077. Written Response to Staff Recommendation.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. New NOTLI filed 8-14-81: effective thirtieth day thereafter (Resister 81,
No. 33).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Article 13. Commission Review of Staff
Recommendation
§ 1 3080. Alternatives for Review of Staff Recommendation.
NOTE; Authority and reference cited: Section 30333, Public Resources Code.
History
1. New Note filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
2. Amendment of Article 13 heading only filed 8-2-89; operative 9-1-89 (Regis-
ter 89, No. 32).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13081. Staff Recommendation Included in Application
Summary.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13082. Verbal Staff Recommendation upon Conclusion
of Public Hearing.
NOTE: Authority and reference cited: Sections 30331 and 30333, Public Re-
sources Code.
History
1 . Repealer of subsection (b) filed 6-10-77; effective thirtieth day thereafter (Reg-
ister 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Resister 81,
No. 33).
3. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13083. Consideration of Staff Recommendation at a
Meeting Subsequent to the Oral Hearing.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
4. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13084. Procedures for Presentation of Staff
Recommendation and Responses of Interested
Parties.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (d) filed 8-14-81 ; effective thirtieth day thereafter
(Register 81, No. 33).
3. Amendment of subsection (b) filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
4. Repealer filed 9-20-99; operafive 10-20-99 (Register 99, No. 39).
§13085. Applicant's Postponement.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
lion 30621, Public Resources Code.
History
1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 1 20 days or emergency
language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No, 19).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Resister 81,
No. 33).
6. Renumbering of former section 13085 to section 13073 filed 9-20-99; opera-
tive 10-20-99 (Register 99. No. 39).
§13087. Rescheduling.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30006, Public Resources Code.
History
1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Renumbering of former section 13087 to section 13074 filed 9-20-99; opera-
tive 10-20-99 (Register 99, No. 39).
Article 14. Voting Procedure
§ 13090. Voting — After Recommendation.
(a) A vote on an application may be taken only at a properly noticed
public hearing after the commission has received the staff recommenda-
tion identified in section 13057 and obtained public testimony, if any, in
accordance with section 13066.
(b) Where the executive director has distributed a staff report contain-
ing all of the elements described in section 1 3057(a), (b) and (c), the com-
mission may vote upon the application after conclusion of the public tes-
timony portion of the public hearing.
(c) Where, in accordance with the provisions of section 13057(d), the
executive director has prepared a partial staff report that does not contain
the parts of the staff recommendation identified in sections 13057(c)(4)
and (5), the commission shall proceed in accordance with one of the fol-
lowing alternative procedures:
(1) If the commission is prepared to vote immediately upon conclusion
of the public testimony portion of the public hearing, the executive direc-
tor shall provide an oral recommendation and summary of proposed find-
ings.
(2) Upon conclusion of the public testimony portion of the public hear-
ing, the commission may put the vote on the application over to a subse-
quent meeting. Prior to the subsequent meeting the executive director
shall prepare a staff report that shall:
(A) contain a staff recommendation as described in section 1 3057(c)
and
(B) respond to:
1. testimony and other evidence presented at the public hearing, and
2. comments on the application by members of the commission. The
executive director may also supplement the analysis of the application
contained in the preliminary staff report.
(3) At the subsequent meeting, the executive director shall summarize
orally the staff recommendation, including the proposed findings and
any proposed conditions, in the same manner as provided for staff reports
in section 13066. Immediately following the presentation of the staff rec-
ommendation, the commission shall obtain public testimony in the man-
ner provided for in section 1 3066.
(d) Where the commission moves to vote on an application with terms
different from those proposed by the applicant in the application or
conditions different than those proposed by the staff in the staff recom-
mendation, the applicant, appellant, and the executive director shall have
an opportunity to state briefly and specifically their views on the condi-
tions.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30315, 30333, 30333.1 and 30622, PubHc Resources Code.
Page 600
Register 99, No. 24; 9-24-99
Title 14
California Coastal Commission
§ 13101
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
2. Repealer and new section filed 9-20-99; operative 10-20-99 (Reeister 99, No.
39).
§ 1 3091 . Voting Time and IVIanner.
NOTE; Authority and reference cited: Section 30333, Public Resources Code. Ref-
erence: Section 30333, Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
2. Repealer filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§ 13092. Effect of Vote Under Various Conditions.
(a) Voles by the commission shall only be on the affirmative question
of whether the permit should be granted; i.e., a "yes" vote shall be to grant
a permit and a "no" vote to deny. Unless a motion is adopted pursuant to
subsection (b), a motion to grant the permit shall be deemed to include
the terms proposed in the project description as modified by the applicant
at the hearing and the conditions and findings proposed in the staff report
as modified by staff at the hearing.
(b) Any commissioner may move to add, delete or modify proposed
terms, conditions or findings. Such a motion shall be made in the affirma-
tive.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment of subsecfions (a) and (d) filed 8-14-81; effecfive thirtieth day
thereafter (Register 81 , No. 33).
2. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13093. Straw Votes.
Note: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Repealer filed 1-3-80 as an emergency; effective upon filing (Register 80, No.
1). A Certificate ofCompliance must be filed within 120 days or emergency lan-
guage will be repealed on 5-3-80.
2. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 1 8).
§ 13094. Voting Procedure.
(a) Voting upon permit applications shall be by roll call, with the chair-
person being polled last.
(b) Members may vote "yes" or "no" or may abstain from voting, but
an abstention shall not be deemed a "yes" vote.
(c) Any member may change his or her vote prior to the tally having
been announced by the chairperson, but not thereafter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. New NOTE filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13095. Voting by Members Absent from Hearing.
A member or alternate who has been absent from all or part of the hear-
ing may vote on any application provided the member or alternate has fa-
miliarized himself or herself with the evidence presented at the hearing
on the application and has so declared prior to the vote. In the absence of
a challenge raised by an interested party, inadvertent failure to make such
a declaration prior to the vote shall not invalidate the vote of a member
or alternate.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
History
1. Amendment filed 1-28-81; effecfive thirtieth day thereafter (Register 81,
No. 5).
2. Amendment of Note filed 8-14-81 ; effective thirtieth day thereafter (Register
81, No. 33).
3. Amendment filed 9-20-99; operafive 10-20-99 (Register 99, No. 39).
§ 13096. Commission Findings.
(a) All decisions of the commission relating to permit applications
shall be accompanied by written conclusions about the consistency of the
application with Public Resources Code section 30604 and Public Re-
sources Code section 21000 and following, and findings of fact and rea-
soning supporting the decision. The findings shall include all elements
identified in section 13057(c).
(b) Unless otherwise specified at the time of the vote, an action taken
consistent with the staff recommendation shall be deemed to have been
taken on the basis of, and to have adopted, the reasons, findings and con-
clusions set forth in the staff report as modified by staff at the hearing.
If the commission action is substantially different than that recom-
mended in the staff report, the prevailing commissioners shall state the
basis for their action in sufficient detail to allow staff to prepare a revised
staff report with proposed revised findings that reflect the action of the
commission. Such report shall contain the names of commissioners en-
titled to vote pursuant to Public Resources Code section 30315. 1 .
(c) The commission vote taken on proposed revised findings pursuant
to Public Resources Code section 30315.1 shall occur after a public hear-
ing. Notice of such- hearing shall be distributed to the persons and in the
manner provided for in section 13063. The public hearing shall solely ad-
dress whether the proposed revised findings reflect the action of the com-
mission.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tions 21080.5, 30006, 30315.1, 30333, 30604 and 30621, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate ofCompliance must be filed within 1 20 days or emergency
language will be repealed on 5-3-80.
3. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
4. Amendment of Note filed 7-24-80; effective thirtieth day thereafter (Register
80, No. 30).
5. Amendment of subsection (a), repealer of subsections (b) and (c) and relettering
and amendment of subsecfion (d) to subsection (b) filed 8-14-8 1 ; effective thir-
tieth day thereafter (Register 81, No. 33).
6. Amendment filed 8-2-89; operafive 9-1-89 (Register 89, No. 32).
7. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
Article 15. Consent Calendar Procedures
§ 1 31 00. Consent Calendar.
Permit applications which, as submitted or as recommended to be
conditioned, in the opinion of the executive director do not raise signifi-
cant issues with respect to the purposes and objectives of the Coastal Act,
may be scheduled for one public hearing during which all such items will
be taken up as a single matter. This procedure shall be known as the Con-
sent Calendar.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
fion 30621, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
2. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
§ 1 31 01 . Procedures for Consent Calendar.
Unless otherwise provided in this Article, the procedures set forth in
Chapter 5 of these regulations pertaining to permit applications, includ-
ing staff reports, staff recommendations, resolutions, and voting, shall
apply to the consent calendar procedure. All included items shall be con-
sidered by the commission as if they constituted a single permit applica-
tion. The public shall have the right to present testimony and evidence
concerning any item on the consent calendar.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30621, Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Page 601
Register 99, No. 24; 9-24-99
§ 13102
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Amendment of section and Note filed 9-20-99: operative 10-20-99 (Register
99, No. 39).
§ 13102. Removal of Consent Calendar items to Regular
Calendar.
The executive director may include recommended conditions in staff
reports for consent calendar items which shall then be deemed approved
by the commission if the item is not removed by the commission from the
consent calendar. No condition of approval of any consent calendar item
may be added, deleted or substantially modified after the staff report has
been mailed to the public unless the commission removes the item to the
regular calendar or schedules the revised item for a subsequent consent
calendar.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30607 and 30621, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
2. Amendment of section heading, section and Note filed 9-20-99; operative
10-20-99 (Register 99, No. 39).
§ 13103. Public Hearings on Consent Calendar.
At the public hearing on the consent calendar items, any person may
ask for the removal of any item from the consent calendar and shall brief-
ly state the reasons for so requesting. If any three (3) commissioners re-
quest that an item be scheduled for public hearing on the regular permit
calendar, the item shall be removed from the consent calendar. If any
item is removed from the consent calendar, the public hearing on the item
shall be continued until it can be scheduled on the regular permit calen-
dar.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30621, Public Resources Code.
History
1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
Article 16. Revocation of Permits
§ 1 31 04. Scope of Article.
The provisions of this article shall govern proceedings for revocation
of a coastal development permit previously granted by a regional com-
mission or the commission.
Note; Authority cited: Sections 3033 1 and 30333, Public Resources Code. Refer-
ence: Sections 30519 and 30600, Public Resources Code.
History
1 . New Article 1 6 (Sections 1 3 104-1 3 1 08) filed 2-1 1 -77 as an emergency; effec-
tive upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13105. Grounds for Revocation.
Grounds for revocation of a permit shall be:
(a) Intentional inclusion of inaccurate, erroneous or incomplete infor-
mation in connection with a coastal development permit application,
where the commission finds that accurate and complete information
would have caused the commission to require additional or different con-
ditions on a permit or deny an application;
(b) Failure to comply with the notice provisions of Section 13054,
where the views of the person(s) not notified were not otherwise made
known to the commission and could have caused the commission to re-
quire additional or different conditions on a permit or deny an applica-
tion.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13106. Initiation of Proceedings.
Any person who did not have an opportunity to fully participate in the
original permit proceeding by reason of the permit applicant's intentional
inclusion of inaccurate information or failure to provide adequate public
notice as specified in Section 13105 may request revocation of a perinit
by application to the executive director of the commission specifying,
with particularity, the grounds for revocation. The executive director
shall review the stated grounds for revocation and, unless the request is
patently frivolous and without merit, shall initiate revocation proceed-
ings. The executive director may initiate revocation proceedings on his
or her own motion when the grounds for revocation have been estab-
lished pursuant to the provisions of Section 13105.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13107. Suspension of Permit.
Where the executive director determines in accord with Section
13106, that grounds exist for revocauon of a permit, the operation of the
permit shall be automatically suspended until the commission votes to
deny the request for revocation. The executive director shall notify the
permittee by mailing a copy of the request for revocation and a summary
of the procedures set forth in this article, to the address shown in the per-
mit application. The execuUve director shall also advise the applicant in
writing that any development undertaken during suspension of the permit
may be in violation of the California Coastal Act of 1976 and subject to
the penalties set forth in Public Resources Code, Sections 30820 through
30823.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. Repealer and new section filed 6-10-77; effective thirtieth day thereafter (Reg-
ister 77, No. 24).
2. Amendment filed 8-14-81 ; effective thirtieth day thereafter (Register 81 , No.
3).
§13108. Hearing on Revocation.
(a) At the next regularly scheduled meeting, and after notice to the per-
mittee and any persons the executive director has reason to know would
be interested in the permit or revocation, the executive director shall re-
port the request for revocation to the commission with a preliminary rec-
ommendation on the merits of the request.
(b) The person requesting the revocation shall be afforded a reason-
able time to present the request and the permittee shall be afforded a like
time for rebuttal.
(c) The commission shall ordinarily vote on the request at the same
meeting, but the vote may be postponed to a subsequent meeting if the
commission wishes the executive director or the Attorney General to per-
form further investigation.
(d) A permit may be revoked by a majority vote of the members of the
commission present if it finds that any of the grounds specified in Section
13105 exist. If the commission finds that the request for revocation was
not filed with due diligence, it shall deny the request.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
Page 602
Register 99, No. 24; 9-24-99
Title 14
California Coastal Commission
§ 13110
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate ofCompliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
3. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13108.5. Finality of Regional Commission Decision.
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 8 1 , No. 33).
Article 17. [Reserved]
§13109. Reappiication.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1. New Article 17 (Section 13109) filed 6-10-77; effecfive thirtieth day thereafter
(Register 77, No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Repealer of article heading and renumbering of former section 13109 to new
section 13056.1 filed 9-20-99; operative 10-20-99 (Register 99. No. 39).
Article 18. Reconsideration
§ 1 31 09.1 . Scope of Article.
The provisions of this article shall govern proceedings for reconsider-
ation of terms or conditions of a coastal development permit granted or
of a denial of a coastal development permit by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30305 and 30627, Public Resources Code.
History
1. New Article 18(Sections 13109.1-13109.6) filed 1-3-80 as an emergency; ef-
fecfive upon filing (Register 80, No. 1). A Certificate ofCompliance must be
filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
80, No. 30).
4. Amendment filed 8-2-89; operaUve 9-1-89 (Register 89, No. 32).
§ 13109.2. Initiation of Proceedings.
(a) Any time within thiity (30) days following a final vote upon an
application for a coastal development permit, the applicant of record inay
request the commission to grant reconsideration of the denial of an appli-
cation for a coastal development permit or of any term or condition of a
coastal development permit which has been granted. This request shall
be in writing and shall be received by the district office at which the origi-
nal permit application was filed within thirty (30) days of the final vote.
(b) The executive director shall prepare a staff report with a recom-
mendation on the merits of the request for reconsideration. The staff re-
port shall analyze whether the request satisfies the grounds for reconsid-
eration provided in Pubhc Resources Code section 30627. The staff
report shall be distributed to the persons and in the manner provided for
in section 13059.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30627, Public Resources Code.
History
1 . Amendment of Note filed 7-24-80; effective thirtieth day thereafter (Register
80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment filed 9-20-99; operaUve 10-20-99 (Register 99, No. 39).
§ 13109.3. Suspension of Appeal.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30627, Public Resources Code.
History
1. Amendment filed 7-24-80; effective thirtieth day thereafter (Register 80,
No. 30).
2. Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81 , No. 33).
§ 1 31 09.4. Grounds for Reconsideration.
Grounds for reconsideration of a permit action shall be as provided in
Public Resources Code Section 30627.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30627, Public Resources Code.
History
1. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13109.5. Hearing on Reconsideration.
(a) The executive director shall schedule a hearing on the reconsidera-
tion request at the next regularly scheduled meeting or as soon as practi-
cable after the executive director distributes notice of the hearing consis-
tent with the provisions of section 13063. The executive director shall
report the request for reconsideration to the commission with a prelimi-
nary recommendation on the grounds for reconsideration.
(b) The applicant and all aggrieved parties to the original commission
decision shall be afforded a reasonable time to address the merits of the
request.
(c) Reconsideration shall be granted by a majority vote of the commis-
sioners present. If reconsideration is granted, the application shall be pro-
cessed as a new application in accordance with sections 13050-13120
and sections 13156-13168 of these regulations, as applicable. However,
no new fee shall be charged to process the new application.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30006, 3062 1 and 30627, Public Resources Code.
History
1 . Amendment of Note filed 7-24-80; effecfive thirtieth day thereafter (Register
80, No. 30).
2. Amendment of subsections (a)-(c) filed 8-14-81 ; effective thirtieth day there-
after (Register 81, No. 33).
3. Amendment of subsecuon (d) filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
4. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
§ 13109.6. Finality of Regional Commission Decision.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30627, Public Resources Code.
History
1 . Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
80, No. 30).
2. Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81 , No. 33).
Subchapter 2. Appeals to State
Commission
§ 13110. Commission Procedures upon Receipt of Notice
of Final Local Action.
Within three (3) working days of receipt of notice of final local deci-
sion, the executive director of the Commission shall post a description of
the development in a conspicuous location in the Commission office and
the appropriate district office. The executive director shall at the same
time mail notice of the local action to the members of the Commission.
The ten working day appeal period shall be established from the date of
receipt of the notice of the final local government action.
NOTE: Authority cited: Sections 30333 and 30620.6, Public Resources Code. Ref-
erence; Sections 30603 and 30620.6, Public Resources Code.
History
1. Repealer of Subchapter 2 (Articles 1-4, Sections 13110-13129, not consecu-
tive) and new Subchapter 2 (Sections 13U0-13120) filed 8-14-81; effective
thirtieth day thereafter (Register 8 1 , No. 33). For prior history, see Registers 80,
No. 19; 80, No. 1; 79, No. 22; 78, No. 32; 78, No. 3; 77, No. 35; 77, No. 24; 77,
No. 18;77, No. 7.
Page 603
Register 2008, No. 11; 3-14-2008
§ 13111
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§13111. Filing of Appeal.
(a) An appeal of a local government's decision on a coastal develop-
ment permit application (or local government equivalent) may be filed
by an applicant or any aggrieved person who exhausted local appeals, or
any two (2) members of the Commission. The appeal must contain the
following information:
(1) the name and address of the permit applicant and appellant;
(2) the date of the local government action;
(3) a description of the development;
(4) the name of the governing body having jurisdiction over the project
area;
(5) the names and addresses of all persons who submitted written com-
ments or who spoke and left his or her name at any public hearing on the
project, where such information is available;
(6) the names and addresses of all other persons known by the appel-
lant to have an interest in the matter on appeal;
(7) the specific grounds for appeal;
(8) a statement of facts on which the appeal is based;
(9) a summary of the significant question raised by the appeal.
The filing of the notice of appeal should also contain information
wliich the local government has specifically requested or required.
(b) For an appeal to the Commission by an applicant pursuant to Public
Resources Code sections 30602 or 30603(a)(5) of a denial of a coastal
development permit application, the applicant shall submit a filing fee in
accordance with the provisions of section 13055(b)(5)(B).
(c) The appeal must be received in the Commission district office with
jurisdiction over the local government on or before the tenth (10th) work-
ing day after receipt of the notice of the permit decision by the executive
director.
(d) The appellant shall notify the applicant, any persons known to be
interested in the application, and the local government of the filing of the
appeal. Notification shall be by delivering a copy of the completed No-
tice of Appeal to the domicile(s), office(s), or mailing address(es) of said
parties. In any event, such notification shall be by such means as may rea-
sonably advise said parties of the pendency of the appeal. Unwarranted
failure to perform such notification may be grounds for dismissal of the
appeal by the Commission.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Sections 30620(c), 30620.6 and 30625, Public Resources Code.
History
1. New subsection (b), subsection reiettering and amendment of Note filed
3-14-2008; operative 3-14-2008 pursuant to Government Code section
11343.4 (Register 2008, No. 11).
§13112. Effect of Appeal.
(a) Upon receipt in the Commission office of a fimely appeal by a qual-
ified appellant, the executive director of the Commission shall noUfy the
permit applicant and the affected local government that the operafion and
effect of the development permit has been stayed pending Commission
action on the appeal by the Commission as required by Public Resources
Code Section 30623. Upon receipt of a Nofice of Appeal the local gov-
ernment shall refrain Irom issuing a development permit for the proposed
development and shall, within five (5) working days, deliver to the ex-
ecufive director all relevant documents and materials used by the local
government in its consideration of the coastal development permit appli-
cation. If the Commission fails to receive the documents and materials,
the Commission shall set the matter for hearing and the hearing shall be
left open unfil all relevant materials are received.
NOTE: Authority cited: Section 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30623, Public Resources Code.
§13113. Grounds of Appeal.
The grounds of appeal for any development appealable under Public
Resources Code Section 30603(a) shall be limited to those specified in
Public Resources Code Section 30603(b) and (c).
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Sections 30603 and 30623, Public Resources Code.
History
1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 1 31 1 4. De Novo Review.
Where the appellant has exhausted local appeals a de novo review of
the project by the Commission shall occur only after the local decision
has become final.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30621, Public Resources Code.
§ 13115. Substantial Issue Determination.
(a) At the meefing next following the filing of an appeal with the Com-
mission or as soon thereafter as practical, the executive director shall
make a recommendafion to the commission as to whether the appeal
raises a significant question within the meaning of Section 30625(b).
(b) Unless the Cominission finds that the appeal raises no significant
quesfion as to conformity with the certified local coastal program or, in
the case of a permit application for a development between the sea and
the first public road paralleling the sea (or within 300 feet of the inland
extent of any beach or of the mean high fide line of the sea where there
is no beach) that there is no significant quesfion with regard to the public
access and public recreafion policies of Chapter 3 of the Coastal Act of
1976, the Commission shall consider the applicafion de novo in accor-
dance with the procedures set forth in Secfions 13057-13096.
(c) The Commission may ask questions of the applicant, any aggrieved
person, the Attorney General or the execufive director prior to determin-
ing whether or not to hear an appeal. A majority vote of the members of
the Commission present shall be required to determine that the Commis-
sion will not hear an appeal.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Sections 30603, 30621, Public Resources Code.
§ 1 31 1 6. Withdrawal of Appeal.
At any time before the Commission commences the roll call for a final
vote on an appeal, the appellant may withdraw the appeal. The withdraw-
al must be in wrifing or stated on the record and does not require Commis-
sion concurrence. If the appellant withdraws the appeal, the acfion of the
local government shall automatically become final unless the appeal pe-
riod of Public Resources Code Section 30622 has not run.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30620.6, Public Resources Code.
§ 1 31 1 7. Qualifications to Testify Before Commission.
Only the applicant, persons who opposed the applicafion before the lo-
cal government (or their representafives), and the local government shall
be qualified to testify at the Commission hearings at any stage of the ap-
peal process. All other persons may submit comments in wnfing to the
Commission or executive director, copies or summaries of which shall
be provided to all Commissioners pursuant to Secfions 13060-13061.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30620.6, Public Resources Code.
§13118. Evidence.
Evidence before the Commission includes, but is not limited to, the re-
cord before the local government. Except in unusual circumstances the
record will not include a transcript of the local government proceedings
unless provided by a party to the proceedings.
NOTE; Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30620.6, Public Resources Code.
§ 1 31 1 9. Standard of Review.
The standard of review for any appealable development shall be
whether or not the development meets the requirements of Public Re-
sources Code Secfions 30604(b) and (c).
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Sections 30603, 30604, Public Resources Code.
§ 13120. Commission Notification of Final Action.
Within ten (10) working days of a final Commission action on appeal
from a local government decision, the Commission shall transmit nofice
of the action taken to the local government, the applicant and the appel-
lant.
NOTE: Authority cited: Sections 30333, 30620.6, Public Resources Code. Refer-
ence: Section 30620.6, Public Resources Code.
•
Page 604
Register 2008, No. U; 3-14-2008
Title 14
California Coastal Commission
§ 13143
Subchapter 3. Applications Filed Under
the California Coastal Zone Conservation
Act of 1972
(Former Division 18 of the Public Resources Code)
Note: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. Repealer of Subchapter 3 (Sections 131 31-1 31 35) filed 8-14-81; effective thir-
tieth day thereafter (Register 8 1 , No. 33). For prior history, see Register 77, No.
24.
(e) The circumstances during the emergency that appeared to justify
the course(s) of action taken, including the probable consequences of
failing to lake action.
Subchapter 4. Permits for an Approval of
Emergency Work
Article 1. General
§ 1 31 36. Scope of Subchapter.
This Subchapter governs procedures for processing applications for
permits to perform work to resolve problems resulting from a situation
falling within the definition of "emergency" in Section J 3009 and pur-
suant to the provisions of Public Resources Code Section 30624 for
which the Commission has jurisdiction pursuant to Section 30519(b).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13137. Immediate Action Required.
It is recognized that in some instances a person or public agency per-
forming a public service may need to undertake work to protect life and
public property, or to maintain public services before the provisions of
the Subchapter can be fully complied with. Where such persons or agen-
cies are authorized to proceed without a permit pursuant to Public Re-
sources Code, Section 30611, they shall comply with the requirements
of Public Resources Code Section 3061 1 and to the maximum extent fea-
sible, with the provisions of this Subchapter.
Article 2. Applications
§ 1 31 38. Method of Application.
Applications in cases of emergencies shall be made to the executive
director of the commission by letter or facsimile during business hours
if time allows, and by telephone or in person if times does not allow.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
2. Amendment filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
§13139. Necessary Information.
The information to be reported during the emergency, if it is possible
to do so, or to be reported fully in any case after the emergency as required
in Public Resources Code Section 3061 1, shall include the following:
(a) The nature of the emergency;
(b) The cause of the emergency, insofar as this can be established;
(c) The location of the emergency;
(d) The remedial, protective, or preventive work required to deal with
the emergency; and
Article 3. Procedures
§13140. Verification of Emergency.
The executive director of the commission shall verify the facts, includ-
ing the existence and nature of the emergency, insofar as time allows.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13141. Consultation with Executive Director of the
Commission.
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81 , No. 33).
§ 13142. Criteria for Granting Permit.
The executive director shall provide public notice of the proposed
emergency action required by Public Resources Code Section 30624,
with the extent and type of notice determined on the basis of the nature
of the emergency itself. The executive director may grant an emergency
permit upon reasonable terms and conditions, including an expiration
date and the necessity for a regular permit application later, if the execu-
tive director finds that:
(a) An emergency exists and requires action more quickly than per-
mitted by the procedures for administrative permits, or for ordinary per-
mits and the development can and will be completed within 30 days un-
less otherwise specified by the terms of the permit;
(b) Public comment on the proposed emergency action has been re-
viewed if time allows; and
(c) The work proposed would be consistent with the requirements of
the California Coastal Act of 1976.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 1-28-81; effecfive thirtieth day thereafter (Register 81,
No. 5).
§13143. Report to the Commission.
(a) The executive director shall report in writing to the local govern-
ment having jurisdiction over the project site and to the commission at
each meeting the emergency permits applied for or issued since the last
report, with a description of the nature of the emergency and the work in-
volved. Copies of this report shall be available at the meeting and shall
have been mailed at the time that application summaries and staff recom-
mendations are normally distributed to all persons who have requested
such notification in writing.
(b) All emergency permits issued after the mailing for the meeting
shall be briefly described by the executive director at the meeting and the
written report required by subparagraph (a) shall be distributed prior to
the next succeeding meeting.
(c) The report of the executive director shall be informational only; the
decision to issue an emergency permit is solely at the discretion of the ex-
ecutive director of the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
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§ 13144
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Amendment of subsection (c) filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
Article 4. Emergency Actions Without a
Permit
§ 13144. Waiver of Emergency Permit Requirements.
Any person wishing to lake an emergency action pursuant to the re-
quirements of Public Resources Code Section 306 11 shall notify the ex-
ecutive director of the commission by facsimile or telephone during busi-
ness hours of the type and location of the emergency action taken within
three (3) days of the disaster or the discovery of the danger. Within seven
(7) days of taking such action, the person who notified the executive di-
rector shall send a written statement of the reasons why the action was
taken and verification that the action complied with the expenditure lim-
its set forth in Public Resources Code Section 3061 1. At the next com-
mission meeting following the receipt of the written report, the executive
director shall summarize all emergency actions taken and shall report to
the commission any emergency action that, in his or her opinion, does not
comply with the requirements of Public Resources Code Section 3061 1
and shall recommend appropriate action. For the purposes of this section,
any immediate, temporary actions taken by the California Department of
Fish and Game which are required to protect the nesting areas of the Cali-
fornia least tern, an endangered species under the California Fish and
Game Code, Sections 2050-2055 and Title 14 of the California Code of
Regulations, Section 670.5, and the Federal Endangered Species Act of
1973, shall be deemed to be in compliance with Public Resources Code
Section 30611.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30611, Public Resources Code.
History
1 . Amendment filed 4-27-78 as an emergency; effective upon filing (Register 78,
No. 17).
2. Certificate of Compliance filed 8-12-78 (Register 78, No. 32).
3. Amendment of section and NOTE filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
Subchapter 5. Procedures for
Administrative Permits
Article 1. General
§ 1 31 45. Scope of Subchapter.
This subchapter governs special procedures for processing applica-
tions for permits pursuant to the requirements of Public Resources Code
Section 30624.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1 1-3-78 as an emergency; effective upon filing (Register 78,
No. 44).
3. Certificate of Compliance transmitted to OAH 2-26-79 and filed 3-15-79
(Register 79, No. 10).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 2. Application for Administrative
Permits
§ 13146. Applicant's Statement.
The permit application form provided for in Section 13053.5 shall al-
low the applicant an opportunity to state that in his or her opinion the
work applied for falls within the criteria established by Public Resources
Code, Section 30624.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tions 30620 and 30624, Public Resources Code.
History
I. Amendment and new NOTE filed 8-2-89; operative 9-1-89 (Register 89,
No. 32).
§ 13147. Applications Not Thought to Be Administrative.
If the commission receives an application that is asserted to be for im-
provements or other development within the criteria established pursuant
to Public Resources Code Section 30624 and by this subchapter and if the
executive director finds that the application does not qualify as such, he
or she shall notify the applicant that a regular permit application is re-
quired as provided in Subchapter 1 of this chapter. The executive direc-
tor, with the concurrence of the applicant, may accept the application for
filing as a regular permit pursuant to Section 13056 and shall adjust the
application fees accordingly.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13148. Copies of Application.
An application asserted to be within the criteria established by Public
Resources Code Section 30624 shall be furnished to the commission ini-
tially in one (1) copy, together with one copy of whatever maps and draw-
ings are reasonably required to describe the proposal. A reasonable num-
ber of additional copies may, at the discretion of the executive director,
be required.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
fion 30624, Public Resources Code.
History
1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
2. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
§13149. Notice.
The applicant shall post notice at the project site as required by Section
13054(b) and provide any additional notice to the public that the execu-
tive director deems appropriate. The executive director shall notify any
persons known to be interested in the proposed development.
Article 3. Criteria for Granting
Administrative Permits
§ 13150. Criteria and Content of Permits.
(a) The executive director may approve or modify an application for
improvements or other development governed by this subchapter on the
same grounds that the commission may approve an ordinary application
and may include reasonable terms and conditions required for the devel-
opment to conform with the policies of the California Coastal Act of
1976.
(b) Permits issued for such developments shall be governed by the pro-
visions of Sections 13156 and 13158 concerning the format, receipt, and
acknowledgment of permits, except that references to "Commission Res-
olution" shall be deemed to refer to the executive director's determina-
tion. A permit issued pursuant to Public Resources Code Section 30624
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Title 14
California Coastal Commission
§ 13158
shall contain a statement that it will not become effective imtil comple-
tion of the commission review of the permit pursuant to Section 13153.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter
(Registers], No. 5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13150.5. Criteria for Single Family Dwellings.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1 . New section filed 1 1-3-78 as an emergency; effective upon filing (Register 78,
No. 44).
2. Certificate of Compliance transmitted to OAH 2-26-79 and filed 3-15-79
(Register 79, No. 10).
3. Repealer filed 1-28-81 ; effective thirtieth day thereafter (Register 81, No. 5).
§ 1 31 51 . Refusal to Grant— Notice to Applicant.
If the executive director determines not to grant an adininistrative per-
mit based on a properly filed application under this Subchapter, the ex-
ecutive director shall promptly mail written notice to this effect to the
applicant with an explanation of the reasons for this determination.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30624, Public Resources Code.
History
1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
§13152. Application to Commission.
In situations described in Sections 13147 and 13151 the applicant may
proceed to file an application as provided in Section 13056.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30305 and 30624, Public Resources Code.
History
1 . Amendment of section heading and new NOTE filed 8-2-89; operative 9-1-89
(Register 89, No. 32).
Article 5. Appeals
Article 4.
Reports on Administrative
Permits
§ 13153. Reports on Administrative Permits.
The executive director shall report in writing to the commission at
each meeting the permits approved under this Subchapter up until the
time of the mailing for the meeting, with sufficient description of the
work authorized to allow the commission to understand the development
proposed to be undertaken. Copies of this report shall be available at the
meeting and shall have been mailed to the commission and to all those
persons wishing to receive such notification at the time of the regular
mailing for the meeting. Any such permits approved following the dead-
line for the mailing shall be included in the report for the next succeeding
meeting. If 1/3 of the appointed membership of the commission so re-
quest, the issuance of an administrative permit governed by Public Re-
sources Code Section 30624 shall not become effective, but shall, if the
applicant wishes to pursue the application, be treated as a permit applica-
tion under Subchapter 1 of this chapter, subject to the provisions forbear-
ing and appeal set forth in Subchapters 1 and 2 of the chapter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
3. Certificate of CompJiance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
4. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. New Article 5 (Sections 13154 and 13154.5) filed 6-10-77; effective thirtieth
day thereafter (Register 77, No. 24).
2. Repealer of Article 5 (Sections 13 1 54 an 1 31 54.5) filed 8-14-81 ; effective thir-
tieth day thereafter (Register 81 , No. 33).
Subchapter 6. Permits
Article 1. Format of Permits
§ 13155. Reference to Regional Commission.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1 . Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81, No. 33).
§13156. Contents of Permits.
Permits shall be issued in a form signed by the executive director, and
shall include:
(a) A statement setting out the reasons for the commission approval of
the permit;
(b) Any other language or drawings, in full or incorporated by refer-
ence, that are consistent with the decision, and required to clarify or facil-
itate carrying out the intent of the commission;
(c) Any conditions approved by the commission;
(d) Such standard provisions as shall have been approved by resolu-
tion of the commission;
(e) A statement that the permit runs with the land and binds all future
owners of the property;
(f) A statement that the permit shall not become effective until the
commission receipt of acknowledgment as provided in Section 13158;
(g) The time for commencement of the approved development except
that where the commission on original hearing or on appeal has not im-
posed any specific time for commencement of development pursuant to
a permit, the time for commencement shall be two years from the date of
the commission vote upon the application. Each permit shall contain a
statement that any request for an extension of the time of commencement
must be applied for prior to expiration of the permit.
NotE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600, Public Resources Code.
History
1 . Amendment of subsections (a)-(d), (0 and (g) filed 8-14-81 ; effecfive thirtieth
day thereafter (Register 81, No. 33).
2. Amendment of subsections (e) and (e) and amendment of Note filed 9-20-99;
operative 10-20-99 (Register 99, No. 39).
Article 2. Notice of Receipt and
Acknowledgment
§ 13158. Notice of Receipt and Acknowledgment.
(a) Development shall not commence until an approved permit be-
comes effective.
(b) No approved permit shall become effective until a copy of the per-
mit has been returned to the commission, upon which copy all permittees
or agent(s) authorized pursuant to section 1 3053(c) have acknowledged
that they have received a copy of the permit and have accepted its con-
tents.
(c) Each permit approved by the commission shall be issued to the ap-
plicant with a blank acknowledgment to be signed by each permittee.
(d) The acknowledgment should be returned within ten (10) working
days following issuance of the permit.
(e) A permit shall not be issued pursuant to section 1 3 1 58(c) unless the
applicant has satisfied all prior to issuance conditions. Prior to issuance
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§ 13160
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
conditions are those conditions that are identified in the permit as condi-
tions that must be complied with prior to issuance of the permit. After ap-
proval of a permit, the executive director shall notify the permit applicant
of those conditions that have been designated as prior to issuance condi-
tions.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600 and 30607, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter
(Register 81. No. 33).
3. Amendment of section and NOTC filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
Article 3.
Time for Issuing Permits and
Distribution
§13160. Issuance of Permits.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30333, Public Resources Code.
History
1 . Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§ 1 31 61 . Distribution of Permit Copies.
Copies of permits shall be sent to the permittee(s), to the local govern-
ment with jurisdiction over the area in which the proposed development
is to be located and to any person who requires or would be interested in
such a copy in the opinion of the executive director. Copies of relevant
project plans shall be transmitted to the local government where feasible.
§ 1 31 62. Notice of Permits.
Notice of the commission approval of a permit shall be filed with the
Secretary of the Resources Agency for posting and inspection as pro-
vided in Public Resources Code Section 21080.5(d)(2)(E).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 21080.5, Public Resources Code.
History
1 . Amendment of section and new Note filed 9-20-99; operative 10-20-99 (Reg-
ister 99, No. 39).
Article 4.
Disputes over Contents of
Permits
§ 1 31 63. Disputes over Contents of Permits.
(a) Any permittee who feels that the permit issued does not correctly
embody the action of the commission shall immediately so inform the ex-
ecutive director. Any such questions that cannot be resolved by consulta-
tion between the permittee and the executive director shall promptly be
referred by the executive director to the commission for decision.
NOTE: Authority and reference cited: Section 30333, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 5. Amendments to Permits
§ 1 31 64. Applications for Amendments.
Applications for amendments to permits shall be made in writing.
Such applications are subject to the requirements for filing and proces-
sing permit applications set forth in Subchapter 1 of these regulations.
NOTE: Authority cited: Sections 30333, Public Resources Code. Reference: Sec-
tions 30600 and 30620, Public Resources Code.
History
1 . Amendment of section and new Note filed 9-20-99; operative 1 0-20-99 (Reg-
ister 99, No. 39).
§ 13165. Amendments to Administrative Permits.
(a) Amendments to administrative permits may be approved by the ex-
ecutive director upon the same criteria and subject to the same reporting
requirement and procedures, including public notice and appeals to the
commission, as provided for the original issuance of such administrative
permits in Sections 13145-13153.
(b) If any proposed amendment would, in the opinion of the executive
director, increase the cost of the proposed development to an amount
over the amounts specified by Public Resources Code, Section 30624 the
application shall thereafter be treated in the manner prescribed by Sec-
tion 13166.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
§ 13166. Amendments to Permits Other Than
Administrative Permits.
(a) The executive director shall reject an application for an amendment
to an approved permit if he or she determines that the proposed amend-
ment would lessen or avoid the intended effect of an approved or condi-
tionally approved permit unless the applicant presents newly discovered
material information, which he could not, with reasonable diligence,
have discovered and produced before the permit was granted.
(1) An applicant may appeal the executive director's determination to
the commission. The appeal must be submitted in writing and must set
forth the basis for appeal. The appeal must be submitted within 10 work-
ing days after the executive director's rejection of the amendment ap-
plication. If timely submitted, the executive director shall schedule the
appeal for the next commission hearing or as soon thereafter as practica-
ble and shall provide notice of the hearing to all persons the executive di-
rector has reason to know may be interested in the application.
(2) If the commission overturns the executive director's determina-
tion, the application shall be accepted for processing in accordance with
subsection (c) below.
(b) For those applications accepted, if the executive director deter-
mines that a proposed amendment has the potential for adverse impacts,
either individually or cumulatively, on coastal resources or public access
to and along the shoreline, the amendment shall be deemed a material
amendment to the permit. Material amendments shall be processed in ac-
cordance with subsection (c) below. If the executive director determines
that the proposed amendment is immaterial, notice of such determination
including a summary of the procedures set forth in this section shall be
posted at the project site and mailed to all persons the executive director
has reason to know may be interested in the application.
(1) If no written objection to a notice of immaterial amendment is re-
ceived at the commission office within ten (10) working days of mailing
notice, the determination of immateriality shall be conclusive and the
amendment shall be approved.
(2) If a written objection to notice of an immaterial amendment is re-
ceived within ten (10) working days of mailing notice, and the executive
director determines that the objection does not raise an issue of conformi-
ty with the Coastal Act or certified local coastal program if applicable,
the immaterial amendment shall not be effective until the amendment
and objection are reported to the commission at its next regularly sched-
uled meeting. The executive director shall include a copy of the letter(s)
of objection to the commission with the report. If any three (3) commis-
sioners object to the executive director's designation of immateriality,
the amendment application shall be referred to the commission for action
as set forth in subsection (c) below. Otherwise, the immaterial amend-
ment shall become effective.
(3) If a written objection to notice of an immaterial amendment is re-
ceived within ten (10) working days of mailing notice, and the executive
director determines that the objection does raise an issue of conformity
with the Coastal Act or a certified local coastal program if applicable, the
Page 608
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Title 14
California Coastal Commission
§ 13169
immaterial amendment application shall be referred to the commission
for action as set forth in subsection (c) below.
(c) If the executive director determines that the proposed amendment
is material, the application shall be referred to the commission in accor-
dance with the procedures of Subchapter 1. The commission shall ap-
prove the amendment if it finds, by a majority vote of the membership
present, that the development as amended conforms with the policies of
Chapter 3 of the Coastal Act or with a certified local coastal program if
applicable. The commission may approve the amendment subject to rea-
sonable conditions. The decision shall be accompanied by findings in ac-
cordance with Section 13096.
(d) The procedures specified in this section shall apply to amendments
of permits which were previously approved on the consent calendar un-
less the commission adopts expedited procedures for amendments to
such permits.
(e) The procedures specified in this section shall apply to applications
for amendments of permits issued under the California Coastal Zone
Conservation Act of 1972, except as specified in Public Resources Code
Section 30609.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600, 30604, 30609 and 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
24).
2. New subsection (c) filed 6-10-77 as an emergency; effective upon filing (Reg-
ister 77, No. 24).
3. Certificate of Compliance filed 9-16-77 (Register 77, No. 38).
4. Amendment of subsection (a) filed 4-27-78 as an emergency; effective upon
filing (Register 78, No. 17).
5. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
6. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
7. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
8. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
9. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
§ 13168. Application Fee.
All applications for amendments to permits shall be accompanied by
the fee specified in section 13055 of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30620, Public Resources Code.
History
1 . Amendment of secfion and new Note filed 9-20-99; operative 10-20-99 (Reg-
ister 99, No. 39).
Article 6. Extension of Permits
§13169. Extension of Permits.
(a) Prior to the time that commencement of development under a per-
mit granted by either the regional commission or the commission must
occur under the terms of the permit or Section 13156, the applicant may
apply to the executive director of the commission for an extension of time
not to exceed an additional one year period. The executive director shall
not accept the application unless it is accompanied by all of the follow-
ing:
(1) evidence of an approved, unexpired permit,
(2) evidence of the applicant's legal interest in the property involved
in the permit,
(3) the fee specified in section 13055(b)(1) of these regulations, and
(4) stamped envelopes addressed to each person specified in section
13054 of these regulafions and each person who testified, orally or in
writing at prior permit hearing(s).
(b) For those applications accepted, the executive director shall deter-
mine whether tbere are changed circumstances that may affect the con-
sistency of the development with the policies of Chapter 3 of the Coastal
Act or with a certified local coastal program, if applicable. If the execu-
tive director determines that there are no changed circumstances that may
affect consistency of the development, he or she shall mail notice of such
determination including a summary of the procedures set forth in this sec-
tion to all parties the executive director has reason to know may be inter-
ested in the application including all persons identified in section 13054
of these regulations and all persons who participated in previous permit
hearings. The applicant shall post such notice at the project site within
three (3) days of the executive director's mailing of the notice to inter-
ested parties. The executive director shall also report the determination
to the commission to provide the commission with an opportunity to ob-
ject to the executive director's determination. The time for commence-
ment of development shall be extended for one year from the expiration
date of the permit if both of the following occur:
(1 ) no written objection to the executive director's determination is re-
ceived within 10 working days after mailing notice, and
(2) three commissioners do not object to the executive director's deter-
mination.
(c) If the executive director received a written objecfion to his or her
determination but concludes that the objection does not identify changed
circumstances that may affect the consistency of the development with
the Coastal Act or a certified local coastal program, if applicable, the
executive director shall report this conclusion to the commission at the
same time that the executive director reports the determination to the
commission in accordance with subsection (b) above. The executive di-
rector shall provide a copy of the letter(s) of objection to the commission
with the report. If three commissioners object to the extension on grounds
that there may be changed circumstances that affect consistency, the
executive director shall schedule the extension for hearing(s) in accor-
dance with subsection (d) below. If three commissioners do not object to
the extension, the time for commencement of development shall be ex-
tended for one year from the expiration date of the permit.
(d) If the executive director receives an objection to his or her deter-
mination and concludes that the objection identifies changed circum-
stances that may affect the consistency of the development or if the
executive director determines that due to changed circumstances the pro-
posed development may not be consistent, the application shall be sched-
uled for a hearing on whether there are changed circumstances that affect
consistency. The executive director shall provide notice of such hearing
to any person(s) the executive director has reason to know would be inter-
ested in the matter. The executive director shall prepare a report for the
hearing that describes any pertinent changes in conditions or circum-
stances relating to each requested permit extension.
(1) If three (3) commissioners determine that there are changed cir-
cumstances that affect consistency of the development with Chapter 3
policies of the Coastal Act or with a certified local coastal program if ap-
plicable, the extension shall be denied and upon payment of the filing fee
specified in section 13055(a) of these regulations for an applicafion for
a coastal development permit the development shall be set for a full hear-
ing of the commission pursuant to Subchapter 1 of these regulations.
However, except as otherwise provided in the preceding sentence, the ap-
plicant shall not be required to file a new permit application but instead,
shall submit any informafion that the executive director determines is
necessary to evaluate the effect of the changed circumstances.
(2) If no such determination is made by three commissioners, the time
for commencement of development shall be extended for one year from
the expiration date of the permit.
(e) Any extensions applied for prior to the expiration of the permit
shall automatically extend the time for commencement of development
until such time as the commission has acted upon the extension request;
provided, however, that the applicant shall not undertake development
during the period of automatic extension provided in this section.
(0 The procedures specified in this section shall apply to extensions
of all permits approved by the commission, including those approved on
appeal, on the consent calendar and as administrafive permits.
Page 608.1
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§ 13170
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Title 14
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600, 30604 and 30620.6, Public Resources Code.
History
1. Amendment of subsection (a) filed 2-1 1-77 as an emergency; effective upon
filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 6-10-77, effective thirtieth day thereafter (Register 77,
No. 24).
4. Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter
(Register 81, No. 5).
5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
6. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register
99, No. 39).
7. Amendment of subsections (a)(3) and (d)(]) filed 3-14-2008; operative
3-14-2008 pursuant to Government Code section 1 1343.4 (Register 2008, No.
11).
Article 7. Transfer of Permits
§ 1 31 70. Transfer of Permits.
(a) Any person may request that the commission records be revised to
reflect that he or she has assumed the rights and obligations of a coastal
development permit by acquiring property on which development has
been approved, initiated, or completed pursuant to a permit by submis-
sion of the following:
(1) an affidavit executed by the landowner attesting to the landowner's
acknowledgment of the terms and conditions of the permit;
(2) evidence of the landowner's legal interest in the real property in-
volved and legal capacity to undertake the development as approved and
to satisfy the conditions required in the permit; and
(3) a copy of the original permit showing that it has not expired.
(b) Upon the executive director's written approval of the documenta-
tion submitted, the documentation shall become part of the project file
maintained by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600, Public Resources Code.
History
1. Amendment filed 6-10-77; effecfive thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment of article heading, section heading, section and Note filed
9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 7.
Enforcement and Violation
of Permits
Article 1. Enforcement Responsibilities
§13171. Staff Inspection.
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§ 1 31 72. Violation of Permits.
Violation of a permit or any term, condition, or provision of a permit
is grounds for enforcement under this Section and under Chapter 9 of the
California Coastal Act of 1976. Whenever the executive director of the
commission determines that a violation of a permit or term, condition, or
provision of a permit has occurred or is threatened, the executive director
shall refer the matter to the Attorney General for appropriate action.
Where such a violation has occurred or is threatened, the Attorney Gener-
al may file an action in the name of the commission for equitable relief
to enjoin such violation of, or for, civil penalties, or both, or may take oth-
er appropriate action pursuant to Chapter 9 of the California Coastal Act
of 1976.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
§ 1 31 73. Enforcement of the Coastal Act.
Whenever the executive director of the commission determines that
any violation of the provisions of the California Coastal Act of 1976 has
occurred or is threatened, the Attorney General may file an action in the
name of the commission for equitable relief to enjoin such violation, or
for civil penalties, or both, or may take other appropriate action pursuant
to Chapter 9 of the California Coastal Act of 1976.
NOTE: Authority cited: Sections 3033 1 and 30333, Public Resources Code. Refer-
ence: Chapters 1, 2, 4 and 7 of Division 20, Public Resources Code.
History
1 . New section filed 2-1 1-77 as an emergency; effective upon filing (Register 77,
No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
§ 13174. Lawsuits by Regional Commissions.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30334 and 30620, Public Resources Code.
History
1 . New section filed 8-22-77 as an emergency; effective upon filing (Register 77,
No. 35).
2. Amendment filed 1-19-78; effecfive thirtieth day thereafter (Register 78,
No. 3).
3. Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81, No. 33).
Subchapter 8. Procedures for the Issuance
of Commission Cease and Desist Orders
§13180. Definition.
(a) The term "satisfactory manner" when used to characterize a re-
sponse to a notice provided in accordance with the requirements of sec-
tion 30809(b) of the Public Resources Code shall mean a response which
is made in the manner and within the timeframe specified in the notice
and either:
(1) provides information sufficient to demonstrate to the satisfaction
of the executive director that either (A) the activity specified in the notice
does not meet the criteria of section 30809(a) of the Public Resources
Code or (B) the person(s) to whom the notice was directed is/are not re-
sponsible for the activity, or
(2)(A) provides all information concerning the activity requested by
the notice, (B) results in an immediate and complete cessation of all work
on the project, or portion thereof, specified in the notice, and (C) includes
an agreement by the recipient(s) of the notice, followed by actions which
fully carry out such agreement, to comply in the manner and within the
timeframe specified in the notice with any request to undertake measures
for the purpose of preventing irreparable injury to the area in which the
activity is located.
(b) The executive director retains discretion over the decision of
whether or not to issue a cease and desist order pursuant to section 30809
notwithstanding the submittal of a response to a section 30809(b) notice
which may not be fully satisfactory within the meaning of this section.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30809(b), Public Resources Code.
History
1. New subchapter 8 (secfions 13180-13188 and Appendix A) filed 8-4-92; op-
erative 9-3-92 (Register 92, No. 32).
§ 1 31 81 . Commencement of Cease and Desist Order
Proceeding Before the Commission.
(a) If the executive director believes that the results of an enforcement
investigation so warrant, he or she shall commence a cease and desist or-
der proceeding before the commission by providing any person whom he
or she believes to be engaging in development activity as described in
Page 608.2
Register 2008, No. 11; 3-14-2
Title 14
California Coastal Commission
§ 13186
section 30810(a) of the Public Resources Code with notice of his or her
intent to do so. Such notice of intent shall be given either as a provision
of a cease and desist order issued pursuant to section 30809 of the Public
Resources Code or by separate written communication delivered either
(1) by certified mail, (2) by regular mail, receipt of which is confirmed
by subsequent oral communication either in person or by telephone, or
(3) by hand, and shall include, at minimum, the information specified in
sections 13187(a)(4), (5), and (6) together with an explanation of the ba-
sis of the executive director's belief that the specified activity meets the
criteria of section 30810(a). The notice of intent shall be accompanied by
a "statement of defense form" that conforms to the format attached to
these regulations as Appendix A. The person(s) to whom such notice is
given shall complete and return the statement of defense form to the
Commission by the date specified therein, which date shall be no earlier
than 20 days from transmittal of the notice of intent.
(b) The executive director may at his or her discretion extend the time
limit for submittal of the statement of defense form imposed by any no-
tice of intent issued pursuant to subsection (a) of this section upon receipt
within the time limit of a written request for such extension and a written
demonstration of good cause. The extension shall be valid only to those
specific items or matters that the executive director identifies to the re-
questing party as being exempt from the submittal deadline and shall be
valid only for such additional time as the executive director allows.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a) filed 1-12-98; operative 2-1 1-98 (Register 98,
No. 3).
§ 13182. Distribution of Notice of Hearings on Proposed
Cease and Desist Order.
At least ten (10) days prior to a hearing on a proposed commission
cease and desist order, the executive director shall mail by regular mail
a written notice of the date, time, and place of the initial hearing to all al-
leged violators at their last known address and to all members of the pub-
lic who have requested in writing that they receive such notice, provided
that no notice need be mailed to the alleged violator if the alleged violator
has already received notice of the hearing in a cease and desist order is-
sued by the executive director.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§ 13183. Contents of an Executive Director's
Recommendation on Proposed Cease and
Desist Order.
(a) The executive director shall prepare a recommendation on a pro-
posed commission cease and desist order.
(b) The executive director's recommendation shall be in writing and
shall include, at minimum:
(1) a copy of any statement of defense form completed and returned
to the Commission by the alleged violator(s) pursuant to section 13181;
(2) a brief summary of (A) any background to the alleged violation, (B)
the allegations made by staff in its violation investigation, (C) a list of all
allegations either admitted or not contested by the alleged violator(s), (D)
all defenses and mitigating factors raised by the alleged violator(s), and
(E) any rebuttal evidence raised by the staff to matters raised in the al-
leged violator's assertion of any defense or mitigating factor with refer-
ences to supporting documents;
(3) a summary and analysis of all unresolved issues;
(4) a statement of (A) whether the executive director has issued a cease
and desist order relating to the same activity, and if so (B) its expiration
date; and (C) the extent of the alleged violator(s)' comphance therewith;
(5) the proposed text of any cease and desist order that the executive
director recommends that the commission issue.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
]. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
§ 13184. Distribution of Executive Director's
Recommendation.
The executive director's recommendation on a proposed cease and de-
sist order shall be distributed to the alleged violator(s) and otherwise to
the persons and in the manner provided in section 13059 of these regula-
tions for application summaries.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment filed 1-12-98; operative 2-1 1-98 (Register 98, No. 3).
§ 13185. Procedure for Hearing on Proposed Cease and
Desist Order.
A hearing on a proposed cease and desist order shall proceed in the fol-
lowing manner:
(a) the Chair shall announce the matter, ask all alleged violators or
their representatives present to identify themselves for the record, indi-
cate what matters are already part of the record, and announce the rules
of the proceeding including (1) any imposition pursuant to subsection (b)
of time limits for presentations to be made by the staff, the alleged viola-
tor(s), and the public at the hearing and (2) the right of any speakerto pro-
pose to the Commission before the close of the hearing any question(s)
for any Commissioner, in his or her discretion, to ask of any other speak-
er;
(b) the Chair may impose time limits based on the circumstances of the
alleged violation(s), the number of other items contained on the meeting
agenda, the number of persons who intend to speak, and such other fac-
tors as the Chair believes relevant;
(c) the staff shall summarize its violation investigation and proposed
findings with particular attention to issues which remain in controversy;
(d) each alleged violator or its representative may present its posi-
tion(s) on the matter(s) relevant to the alleged violation or proposed order
with particular attention to those issue(s) where an actual controversy ex-
ists between the staff and the party(ies). Presentation of evidence which
could have been but was not set forth in a statement of defense form pur-
suant to section 13181 shall be grounds for a determination by the com-
mission, in its discretion, (1) to trail the matter to later in same day or to
a later day of the meeting or (2) to continue the matter to a subsequent
meeting to give the staff an opportunity to review and respond to the new
evidence;
(e) other speakers may speak concerning the matter;
(f) the chair shall close the public hearing after the staff, all alleged vio-
lators, and the public have completed their presentations;
(g) commissioners may ask questions, including any question(s) pro-
posed by any speaker under authority granted pursuant to subsection (a),
of any speaker at any time during the hearing or deliberations;
(h) the commission shall deliberate and determine, by majority vote
of those present and voting, whether to issue a cease and desist order ei-
ther in the form recommended by the executive director or as amended
by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
1. New section filed 8-4-92; operafive 9-3-92 (Register 92, No. 32).
§13186. Evidence Rules.
Presentation and consideration of evidence at a hearing on a proposed
cease and desist order shall be governed by the standards set forth in sec-
tion 13065 of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30810, Public Resources Code.
History
1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
Page 608.2(a)
Register 2008, No. 11; 3-14-2008
§ 13187
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13187. Contents and Reporting of Cease and Desist
Orders.
(a) Cease and desist orders shall be signed by the executive director
and shall contain at a minimum the following:
(1) a statement of whether the executive director is issuing the order
pursuant to section 30809 of the Public Resources Code or the commis-
sion is issuing the order pursuant to section 30810 of the Public Re-
sources Code;
(2) if applicable, a statement that the cease and desist order is being
issued pursuant to subsection (a)(1), (2), or (3) of section 30809 or 308 10
of the Public Resources Code;
(3) in the case of any order issued by the executive director:
(A) a copy of the written notice or confirmation of notice, as the case
may be, previously provided pursuant to section 30809(b) of the Public
Resources Code to the person(s) to whom the order is directed;
(B) if applicable, notice of the executive director's intent to commence
a proceeding for the issuance of a cease and desist order by the commis-
sion relating to the same activity, including notice of the date and place
of the public hearing to be held as part of such a proceeding if the execu-
tive director has scheduled one;
(4) the names of the person or persons who have undertaken or who
are threatening to undertake the activity that is the subject of the order;
(5) identification of the property where the activity has been undertak-
en or may be undertaken;
(6) a description of the activity;
(7) the effective date of the order;
(8) the expiration date, if any, of the order;
(9) any terms, conditions, or other provisions authorized by sections
30809(c) or 30810(b) of the Public Resources Code. Any term or condi-
tion that the commission may impose pursuant to section 30810(b) of the
Public Resources Code which requires removal of any development or
material shall be for the purpose of restoring the property affected by the
violation to the condition it was in before the violation occurred;
(10) in the case of any order issued by the commission, written find-
ings that (A) explain the decision to issue the order and (B) provide the
factual and legal basis for the issuance of the order;
(11) notice that any person to whom the order is directed may seek
from the superior court a stay of the order pursuant to section 30803(b)
of the Public Resources Code.
(12) a statement of the obligation of the person(s) subject to the order
to conform strictly to its terms and the consequences specified in section
30821.6 of the Public Resources Code of the failure to do so.
(b) The executive director shall report to the commission any cease
and desist order he or she (1) issues and serves as provided in section
30809(d) of the Public Resources Code, or (2) modifies or rescinds as
provided in section 13188(a), at the commission's next regularly sched-
uled meeting after any such action.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30803(b), 30809, 30810 and 30821.6, Public Resources Code.
History
1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a)(2), repealer of subsection (a)(3)(B), subsection
relettering, and amendment of Note filed 1-12-98; operative 2-1 1-98 (Regis-
ter 98, No. 3).
§ 13188. Rescission or l\/lodification of Cease and Desist
Orders.
(a) The executive director may rescind or modify a cease and desist or-
der that he or she has issued, but he or she shall not do so in a manner that
extends the 90-day expiration period provided for in section 30809(e) of
the Public Resources Code unless the person(s) subject to the order stipu-
late(s) in writing to the extension. The executive director may, however,
issue consecutive cease and desist orders for a persisting violation or a
persisting threatened violation. In connection with the issuance of any
such consecutive cease and desist order the executive director shall issue
a statement explaining the circumstances which in his or her opinion jus-
tify issuance of such an order.
(b) The commission, after public hearing, may rescind or modify a
cease and desist order that it has issued. A proceeding for such a purpose
may be commenced by (1) any person to whom the cease and desist order
is directed, (2) the executive director or (3) any two members of the com-
mission. A person to whom a cease and desist order is directed may com-
mence a proceeding for the purpose of rescinding or modifying that cease
and desist order only where the person demonstrates to the satisfaction
of the executive director that there has been a material change in the facts
upon which the order was issued. Upon receipt of a request pursuant to
this subsection (b) for rescission or modification of a cease and desist or-
der issued by the Commission, a hearing on the request shall be held at
the next regularly scheduled meeting or as soon thereafter as is practica-
ble after notice to all persons subject to the order or whom the executive
director otherwise has reason to know would be interested in the matter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30809 and 30810, Public Resources Code.
History
1. New section filed 8^-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (b) filed 1-12-98; operative 2-11-98 (Register 98,
No. 3).
[The next page is 608.3.]
Page 608.2(b)
Register 2008, No. 11; 3-14-2008
Title 14 California Coastal Commission § 13188
Appendix A
Statement of Defense Form
DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH THE COMMIS-
SION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, (FUR-
THER) ADMINISTRATIVE OR LEGAL ENFORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INI-
TIALED AGAINST YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM
WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BE USED AGAINST YOU.
YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE YOU COMPLETE THIS
FORM OR OTHERWISE CONTACT THE COMMISSION ENFORCEMENT STAFF.
This form is accompanied by either a cease and desist order issued by the executive director or a notice of intent
to initiate cease and desist order proceedings before the commission. This document indicates that you are or may
be responsible for or in some way involved in either a violation of the commission's laws or a commission permit.
The document summarizes what the (possible) violation involves, who is or may be responsible for it, where and
when it (may have) occurred, and other pertinent information concerning the (possible) violation.
This form requires you to respond to the (alleged) facts contained in the document, to raise any affirmative de-
fenses that you believe apply, and to inform the staff of all facts that you believe may exonerate you of any legal
responsibility for the (possible) violation or may mitigate your responsibility. This form also requires you to enclose
with the completed statement of defense form copies of all written documents, such as letters, photographs, maps,
drawings, etc. and written declarations under penalty of perjury that you want the commission to consider as part
of this enforcement hearing.
You should complete the form as fully and accurately as you can and as quickly as you can and return it no later
than to the commission's enforcement staff at the following address:
Cahfornia Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, California 94105
If you have any questions, please contact as soon as possible of the commis-
sion enforcement staff at telephone number 415-904-5200.
1. Facts or allegations contained in the cease and desist order or the notice of intent that you admit (with specific
reference to the paragraph number in such document):
Page 608.3 Register 92, No. 32; 8-7-92
§ 13188 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
2. Facts or allegations contained in the cease and desist order or notice of intent that you deny (with specific refer-
ence to the paragraph number in such document):
3. Facts or allegations contained in the cease and desist order or notice of intent of which you have no personal
knowledge (with specific reference to the paragraph number in such document):
Page 608.4 Register 92, No. 32; 8 - 7 - 92
Title 14 California Coastal Commission § 13188
4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship
to the possible violation (be as specific as you can; if you have or know of any document(s), photograph(s), map(s),
letter(s), or other evidence that you believe is/are relevant, please identify it/them by name, date, type, and any other
identifying information and provide the original(s) or (a) cop(y/ies) if you can):
5. Any other information, statement, etc. that you want to offer or make:
Page 608.5 Register 98, No. 2; 1 -9-98
§ 13188 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
6. Documents, exhibits, declarations under penalty of perjury or other materials that you have attached to this form
to support your answers or that you want to be made part of the administrative record for this enforcement proceed-
ing (Please list in chronological order by date, author, and title and enclose a copy with this completed form):
History
1. New Appendix A filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
Page 608.6 Register 98, No. 2; 1 -9-98
Title 14
California Coastal Commission
§ 13196
Subchapter 9. Procedures for the Issuance
of Restoration Orders
§13190. Definition.
The elements of the term "continuing resource damage," as such term
is used in section 308 1 i of the Public Resources Code, shall have the fol-
lowing meanings:
(a) "Resource" means any resource wliich is afforded protection under
the policies of Chapter 3 of the Coastal Act, including but not limited to
pubhc access, marine and other aquatic resources, environmentally sen-
sitive wildlife habitat, and the visual quality of coastal areas.
(b) "Damage" means any degradation or other reduction in quality,
abundance, or other quantitative or quaUtative characteristic of the re-
source as compared to the condition the resource was in before it was dis-
turbed by unpermitted development.
(c) "Continuing," when used to describe "resource damage," means
such damage which continues to occur as of the date of issuance of the
restoration order.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30811, Public Resources Code.
History
J. New subchapter 9 (sections 13 190-13 197) and section filed 1-7-98; operative
2-6-98 (Register 98, No. 2).
§ 13191. Commencement of Restoration Order Proceeding
Before the Commission.
(a) If the executive director believes that the results of an enforcement
investigation so warrant, he or she shall commence a restoration order
proceeding before the commission by providing any person whom he or
she beheves to have engaged in development activity as described in sec-
tion 3081 1 of the PubUc Resources Code with notice of his or her intent
to do so. Such notice of intent shall be given either as a provision of a staff
report prepared pursuant to sections 1 3057 and/or 1 3075 of these regula-
tions or by separate written communication deUvered either (1) by certi-
fied mail, (2) by regular mail receipt of which is confirmed by subsequent
oral communication either in person or by telephone, or (3) by hand, and
shall include, at minimum, the information specified in sections
13196(a), (b), and (c) together with an explanation of the basis of the ex-
ecutive director's belief that the specified activity meets the criteria of
section 3081 1 . The notice of intent shall be accompanied by a "statement
of defense form" that conforms to the format attached as Appendix A to
Subchapter 8 of these regulations. The person(s) to whom such notice is
given shall complete and return the statement of defense form to the
Commission by the date specified therein, which date shall be no earlier
than 20 days from transmittal of the notice of intent.
(b) Tlie executive director may at his or her discretion extend the time
hmit for submittal of the statement of defense form imposed by any no-
tice of intent issued pursuant to subsection (a) of this section upon receipt
within the time limit of a written request for such extension and a written
demonstration of good cause. The extension shall be valid only to those
specific items or matters that the executive director identifies to the re-
questing party as being exempt from the submittal deadline and shall be
valid only for such additional time as the executive director allows.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30811, Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13192. Distribution of Notice of Hearings on Proposed
Restoration Order.
At least ten ( 10) days prior to a hearing on a proposed restoration order,
the executive director shall mail by regular mail a written notice of the
date, time, and place of the initial hearing to all alleged violators at their
last known address and to all members of the public who have requested
in writing that they receive such notice, provided that no notice need be
mailed to the alleged violator if the alleged violator has already received
notice of the hearing in a staff report prepared by the executive director.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 3081 1. Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13193. Contents of an Executive Director's
Recommendation on Proposed Restoration
Order.
(a) The executive director shall prepare a recommendation on a pro-
posed restoration order.
(b) The executive director's recommendation shall be in writing and
shall include, at minimum:
(1 ) a copy of any statement of defense form completed and returned
to the Commission by the alleged violator(s) pursuant to section 13191;
(2) a brief summary of (A) any background to the alleged violation, (B)
the allegations made by staff in its violation investigation, (C) a list of all
allegations either admitted or not contested by the alleged violator(s), (D)
all defenses and mitigating factors raised by the alleged violator(s), and
(E) any rebuttal evidence raised by the staff to matters raised in the al-
leged violator's assertion of any defense or mitigating factor with refer-
ences to supporting documents;
(3) a summary and analysis of all unresolved issues;
(4) the proposed text of any restoration order that the executive direc-
tor recommends that the commission issue.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 3081 1, Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13194. Distribution of Executive Director's
Recommendation.
The executive director's recommendation on a proposed restoration
order shall be distributed to the alleged vio]ator(s) and otherwise to the
persons and in the manner provided in section 1 3059 of these regulations
for application summaries.
NOTE: Authority cited: Section 30333, PubUc Resources Code. Reference: Sec-
tion 30811, Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13195. Procedure for Hearing on Proposed Restoration
Order.
A hearing on a proposed restoration order shall proceed in the manner
and in accordance with the rules of evidence specified in sections 13185
and 13186 of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 3081 1, Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13196. Contents of Restoration Orders.
Restoration orders shall be signed by the executive director and shall
contain at a minimum the following:
(a) the names of the person or persons who have undertaken the activ-
ity that is the subject of the order;
(b) identification of the property where the activity has been undertak-
en;
(c) a description of the activity;
(d) the effective date of the order;
(e) any terms, conditions, or other provisions authorized by section
3081 1 of the Public Resources Code. Any term or condition that the com-
mission may impose which requires removal of any development or ma-
terial shall be for the purpose of restoring the property affected by the vio-
lation to the condition it was in before the violation occurred;
(f) written findings that (A) explain the decision to issue the order and
(B) provide the factual and legal basis for the issuance of the order;
Page 608.7
Register98, No. 2;l-9-S
§ 13197
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(g) a statement of the obligation of the person(s) subject to the order
to conform strictly to its terms and the consequences specified in section
30821 .6 of the Public Resources Code of the failure to do so.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference; Sec-
tion 3081 1, Public Resources Code.
History
1. New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
§ 13197. Rescission or l\/lodification of Restoration Orders.
The commission, after public hearing, may rescind or modify a resto-
ration order that it has issued. A proceeding for such a purpose may be
commenced by (a) any person to whom the restoration order is directed,
(b) the executive director or (c) any two members of the commission. A
person described in subsection (a) may commence a proceeding for the
purpose of rescinding or modifying a restoration order only where the
person demonstrates to the satisfaction of the executive director that
there has been a material change in the facts upon which the order was
issued. Upon receipt of a request pursuant to this section for rescission
or modification of a restoration order, a hearing on the request shall be
held at the next regularly scheduled meeting or as soon thereafter as is
practicable after notice to all persons subject to the order or whom the ex-
ecuti ve director otherwise has reason to know would be interested in the
matter.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 3081 1 , Public Resources Code.
History
1 . New section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
Chapter 6. Exclusions from Permit
Requirements
Subchapter 1 . Claims of Vested Rights
§13200. Scope.
Any person claiming a vested right in a development and who wishes
to be exempt from the permit requirements of the Act pursuant to Public
Resources Code Section 30608 must substantiate the claim in a proceed-
ing before the Commission under this subchapter. In such a proceeding
the claimant shall assume the burden of proof.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Article 1 . Review Provisions
§ 1 3201 . Obligation to File.
Any person who claims that a development is exempt from the permit
requirements of Public Resources Code, Section 30600 or 30601 by rea-
son of a vested right under Public Resources Code, Section 30608 must
file a claim of vested rights with the commission and obtain approval un-
der this subchapter.
NOTE; Authority cited; Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Pubhc Resources Code.
History
1. Amendment filed 6-10-77: effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13202. Claim Forms.
Claim of vested rights forms shall be pubUshed by the commission.
The executive director of the commission shall revise the form as neces-
sary to assist claimants in providing the information necessary to sub-
stantiate a claim, provided, however, that any significant change in the
type of information requested must be approved by the commission. A
claim of vested rights shall be filed only after the claimant has provided
the commission with all the information called for by the form, as well
as any other information which the executive director of the commission
deems necessary to review the claim. In no event shall a claim of vested
rights be deemed filed until after the passage of five (5) working days
from the date it is received by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference; Sec-
tions 30305 and 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
3. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 13203. Initial Determination.
As soon as practicable after the filing of a claim, and in no event later
than 30 days from the filing date, the executive director of the commis-
sion shall make an initial determination whether the claim of vested
rights appears to be substantiated; notice of the initial determination shall
be transmitted to the claimant and to any person(s) requesting notice or
known by the executive director to be interested. Based on that initial de-
termination, the executive director shall make a written recommendation
to the commission for consideration at the hearing on the claim of vested
rights application at the next succeeding regularly scheduled meeting. At
such hearing, the executive director shall introduce into evidence all evi-
dence submitted by the apphcant and all evidence submitted either sup-
porting or in opposition to the application up to the deadline for submis-
sion of evidence established by the commission.
Note; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
[The next page is 609.]
Page 608.8
Register 98, No. 2; 1-9-98
Title 14
California Coastal Commission
§ 13214
§13204. Notice.
Notice of the recommendation and the date of the public hearing on the
claim shall be made in the manner prescribed by Section 13059.
History
]. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
§ 13205. Acknowledgment Hearing Procedure.
(a) Commission action on a claim of vested rights shall be supported
by written findings of fact. If the commission finds that a claim of vested
rights is substantiated, it shall acknowledge the claim. If it finds that a
claim is not substantiated, it shall deny the claim. However, if the circum-
stances suggest that a claimant may be able to provide additional infor-
mation to substantiate the claim or that other evidence is pertinent to the
claim, the matter may be continued for the purpose of submitting further
evidence and for action at the next succeeding meeting following the re-
ceipt and review of the information.
(b) Claims which the executive director recommends be acknowl-
edged may be placed on a consent calendar and processed in the manner
provided by Sections 13101 and 13103.
(c) All other claims shall be processed in the manner provided by Sec-
tions 13080-13096.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (a) filed 8-14-81; effective thirtieth day thereafter
(Register 81, No. 33).
§ 1 3206. Appeal to the Commission.
NOTE: Authority cited: Section 30333, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 2. Grant of Claim
§ 1 3207. Effect of Vested Right.
A final determination of the commission recognizing a claim of vested
rights shall constitute acknowledgment that the development does not re-
quire a coastal development permit under Public Resources Code, Sec-
tion 30600 or 30601 provided that no substantial change may be made
in the development except in accordance with the permit requirements
of the California Coastal Act of 1976. If the approvals upon which the
acknowledgment is based lapse either by their own terms or pursuant to
any provision of law, the acknowledgment made under this subchapter
shall no longer be in effect and the development shall become subject to
the permit requirements of the California Coastal Act of 1976.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effecdve thirtieth day thereafter (Register 81,
No. 33).
§ 13208. Notification to Local Government.
As soon as practicable after final action on a claim of vested rights by
the commission the executive director shall transmit a notice of the action
taken to the local government having jurisdiction over the area in which
the development is located, to the claimant and to any person known by
the executive director to be interested in the matter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
Subchapter 2. Vested Rights Under the
California Coastal Zone Conservation
Act of 1972
NOTE: Authority cited: Section 30333, Public Resources Code.
History
1. Repealer of Subchapter 2 (Section 13210) filed 8-14-81; effective thirtieth day
thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Subchapter 3. Permits Approved by the
California Coastal Zone Conservation
Commission Prior to January 1, 1977
§ 1 321 1 . Effect of Permit Granted Under the California
Coastal Zone Conservation Act of 1972.
NOTE: Authority cited: Section 30333, Public Resources Code.
History
1 . Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81 , No. 33).
§ 13212. Amendment of Recorded Conditions in 1972 Act
Permits.
NOTE: Authority cited: Section 30333, Public Resources Code.
History
1 . Repealer filed 8-14-81 ; effective thirtieth day thereafter (Register 81, No. 33).
§ 13213. Extension of Permits Granted Under the 1972 Act.
(a) The time limits for commencement of construction under a permit
granted under the California Coastal Zone Conservation Act of 1972
shall be determined from the regulations of the California Coastal Zone
Conservation Commission in effect on December 31,1 976 or by any spe-
cific actions taken pursuant to the California Coastal Zone Conservation
Act of 1 972, if not expressly stated in the terms and conditions of the per-
mit.
(b) Prior to the time that commencement of construction under a per-
mit granted by either the regional commission or the commission must
occur under the terms of subsection (a) the applicant may, upon payment
of a $50 fee (or a $25 fee in the case of extension of permit for single-fa-
mily residences) apply to the executive director of the commission for an
extension of time not to exceed an additional one year period. The appli-
cation shall be accompanied by evidence of a valid, unexpired permit, ac-
knowledged pursuant to the requirements in effect at the time the permit
was issued, and of the applicant's continued legal interest in the property
involved in the permit. The application shall be processed in accordance
with the procedures of Section 13169.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608, Pubhc Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Subchapter 3.5. Development on Parcels
Added to the Coastal Zone on
January 1, 1980
Article 1. Review Provisions
§13214. Scope.
Any person claiming a development to be exempt from the permit re-
quirements of the Act pursuant to Public Resources Code Section
Page 609
(4-1-90)
§ 13214.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
30608.5 must substantiate the claim in a proceeding under this subchapt-
er. In such a proceeding the claimant shall assume the burden of proof.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
HtSTORY
1. New subchapter 3.5 (Sections 13214-13214.8) filed 1-3-80 as an emergency;
effective upon filing (Register 80, No. 1). A Certificate of Compliance must be
filed within 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80. No. 19).
§ 13214.1. Obligation to File.
Any person who claims that a development is exempt from the permit
requirements of the Public Resources Code, Section 30600 or 30601 pur-
suant to Public Resources Code, Section 30608.5 must file a claim with
the commission and obtain approval under this subchapter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
lion 30608.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13214.2. Claim Forms.
Claim forms shall be pubUshed by the commission. The executive di-
rector of the commission shall revise the form as necessary to assist
claimants in providing the information necessary to substantiate a claim,
provided, however, that any significant change in the type of information
requested must be approved by the commission. A claim shall be filed
only after the claimant has provided the commission with all the informa-
tion called for by the form, as well as any other information which the
executive director of the commission deems necessary to review the
claim.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13214.3. Initial Determination.
As soon as practicable after the filing of a claim, and in no event later
than 30 days from the filing date, the executive director of the commis-
sion shall make an initial determination whether the claim appears to be
substantiated; notice of the initial determination shall be transmitted to
the claimant and to any person(s) requesting notice or known by the ex-
ecutive director to be interested. Based on the initial determination, the
executive director shall make a written recommendation to the commis-
sion for consideration at the hearing on the claim application at the next
succeeding regularly scheduled meeting. At such hearing the executive
director shall introduce into evidence all information submitted by the
applicant or other interested parties either supporting or in opposition to
the application up to the deadline for submission of evidence established
by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§13214.4. Notice.
Notice of the recommendation and the date the public hearing on the
claim shall be made in the manner prescribed by Section 13059.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
§ 13214.5. Acknowledgment Hearing Procedure.
(a) Commission action on a claim shall be supported by written finding
of facts. If the commission finds that a claim is substantiated, it shall ac-
knowledge the claim. If it finds that a claim is not substantiated, it shall
deny the claim. However, if the circumstances suggest that a claimant
may be able to provide additional information to substantiate the claim
or that other evidence is pertinent to the claim, the matter may be contin-
ued for the purpose of submitting further information and for action at the
next succeeding meeting following the receipt and review of the informa-
tion.
(b) Claims which the executive director recommends be acknowl-
edged may be placed on a consent calendar and processed in the manner
provided by Sections 13101 and 13103.
(c) All other claims shall be processed in the manner provided by Sec-
tions 13080-13096.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13214.6. Appeal to the Commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
History
1. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
Article 2. Grant of Claim
§ 1 321 4.7. Effect of Acknowledged Claim.
A final determination of the commission recognizing a claim pursuant
to Public Resources Code Section 30608.5 exists shall constitute ac-
knowledgment that the development does not require a coastal develop-
ment permit under Public Resources Code, Section 30600 or 30601 pro-
vided that this shall only apply to developments actually completed or
where substantial work has been undertaken prior to July 1, 1981.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13214.8. Notification to Local Government.
As soon as practicable after final action on a claim by the commission,
the executive director shall transmit a notice of the action taken to the lo-
cal government having jurisdiction over the area in which the develop-
ment is located, the claimant, and to any person known by the executive
director to be interested in the matter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30608.5, Public Resources Code.
Subchapter 4. Urban Land Exclusion
Article 1. Commission Review Procedures
§13215. Urban Land Exclusion.
The provisions of this subchapter shall govern the exclusion of any ur-
ban land area from the provisions of Chapter 7 of the California Coastal
Act of 1976 pursuant to Public Resources Code, Section 30610.5.
NOTE: Authority cited: Sections 3033 1 and 30333, Public Resources Code. Refer-
ence: Section 30610.5, Public Resources Code.
History
1. New Subchapter 4 (Sections 13215-13234, not consecutive) filed 2-11-77 as
an emergency; effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment of NOTE filed 8-14-81 ; effective thirtieth day thereafter (Register
81, No. 33).
§ 1 321 6. Local Government Request.
A local government may request, in writing, that an urban land area be
excluded by the commission from the permit provisions of the California
Coastal Act of 1976. The request for exclusion shall include, or be ac-
companied by the following:
(a) A description specifically identifying the land area for which the
exclusion is requested.
(b) Information describing the zoning in effect on January 1, 1977.
(c) A description or statement as to the density of the development ex-
isting on or before January 1, 1977.
Page 610
(4-1-90)
Title 14
California Coastal Comniission
§ 13223
(d) A description of any existing or proposed reguJatory or other con-
trols on development within the area which will insure that any future de-
velopment will be infilling or replacement and will be in conformity with
the scale, size, and character of the surrounding community and that any
locally permitted development will have no potential for significant ad-
verse effects, either individually or cumulatively on public access to the
coast or on coastal resources.
(e) Information as to the number of lots within the area requested for
exclusion and the number of lots which are built upon to the same general
density or intensity of use.
§ 13217. Material Supporting Request for Exclusion.
The request for exclusion shall contain or be accompanied by the fol-
lowing supporting material:
(a) The precise language of existing regulatory or other controls on de-
velopment within the area requested for exclusion that would insure that
any development within said area, either individually or cumulatively,
would meet the criteria of Public Resources Code Section 30610.5; or
proposed regulatory or other controls on development within the area re-
quested for exclusion that the local government intends to adopt and en-
force in order to assure that any development within said area, either indi-
vidually or cumulatively, would meet the criteria of Public Resources
Code 3061 0.5; or any combination of the above. The description of regu-
latory controls may include any land use controls such as height limits
or open space requirements that could affect allowable density, height or
nature of uses.
(b) A general description of existing development within the area to
be excluded, the amount of privately-owned net acreage to be excluded,
and the resulting density (units per acre).
(c) A reasonable estimate of the most intense development that could
occur, based on the regulatory controls of the proposed exclusion. This
estimate may utilize any combination of geographic units deemed appro-
priate by the local government and may include an analysis of the likely
effects of regulatory controls such as height limits, off-street parking re-
quirements, floor area ratio, etc.
(d) An analysis of the effects of the development projected in subdivi-
sion (c) above on public access to the coast and on coastal resources.
(e) Any other information as may from time to time be requested by
the executive director of the commission or by the commission to deter-
mine whether and on what terms and conditions, if any, such area may
be excluded pursuant to Public Resources Code, Section 30610.5.
§ 13218. Preliminary Review of Exclusion Request.
Any local government desiring the exclusion of any urban land area
within its jurisdiction, pursuant to Public Resources Code Section
30610.5, may request a preliminary advisory review of the proposed ex-
clusion by the commission. Because the purpose of the preliminary re-
view is to provide sufficiently detailed information to make the determi-
nations required in Public Resources Code Section 30610.5, the
exclusion request need not be in the final language required of an adopted
ordinance. The commission will grant a request for a preliminary adviso-
ry review as time allows, provided such review will not adversely limit
commission time required for the review of other agenda items. Any such
advisory review shall be conducted at a properly noticed public hearing
of the commission. The chairperson shall establish predetermined time
limits for testimony by the local government and interested persons. Indi-
vidual members of the commission may ask questions and make state-
ments but no vote shall be taken.
§ 13219. Submission and Filing of Requests and
Supporting Material.
The executive director of the commission shall determine whether the
request and supporting materials provide sufficient information to permit
evaluation of the request pursuant to Public Resources Code Section
30610.5. These determinations shall be made by the executive director
within five (5) working days after the material is received. If it is deter-
mined that the material is legally sufficient and technically complete, the
request for exclusion shall be filed and the requesting local government
shall be informed of the filing. If the executive director determines that
the material is not sufficient, the execufive director shall provide the re-
questing local government with a statement of the reasons why the re-
quest was not filed. Upon curing any defects, the requesting local govern-
ment may resubmit the request for exclusion. Any local government
submitting an application for exclusion may also request a determination
from the commission as to the adequacy of the material that it has sub-
mitted for purposes of conducting the review of the urban exclusion re-
quest pursuant to Public Resources Code, Section 30610.5.
§ 13220. Commission Review of Request.
The request for exclusion shall be scheduled for public hearing before
the commission no later than 49 days after being filed unless the local
government requests the execufive director's approval of additional time
to supplement a request for exclusion. The executive director of the com-
mission shall prepare a report for the commission summarizing the na-
ture and effects of the request. The report shall be prepared and distrib-
uted in the same manner as an application summary, as provided in
SecUons 13057 and 13059 but shall deal only with those issues raised by
the requirements of Public Resources Code, SecUon 30610.5. Notice of
the hearing shall be provided in the manner set forth in Section 13016.
Oral hearing procedures shall be those set forth in Sections
13064-13068.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610.5, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13221. Commission Action on Request.
(a) If the staff report contained an inifial staff recommendation, the
commission may, at its discrefion, vote on the request at the same meet-
ing following the conclusion of the public hearing in the same manner as
provided in Secfions 13081-13083.
(b) If the staff report did not contain an initial recommendation, the ex-
ecutive director shall prepare a written recommendation on the request
for exclusion after the close of the public hearing. The executive direc-
tor's staff recommendation shall be prepared and distributed as provided
in Sections 13075 and 13076 but the proposed action, findings, and con-
difions shall be stated only in terms of the requirements of Public Re-
sources Code, Secfion 30610.5. The commission shall act on the request
for exclusion, approving or denying it in whole or in part, at the next regu-
larly scheduled meeting following completion of the public hearing, un-
less the commission finds that good cause exists for condnuing its action
to a later time.
§ 13222. Effective Date of Urban Exclusion.
No urban exclusion approved by the commission shall be effective un-
til the following occur:
(a) The requesting local government, by action of its governing body,
acknowledges receipt of the commission's resolution of approval includ-
ing any conditions which may have been required pursuant to Public Re-
sources Code, Secfion 30610.5 and
(b) The requesting local government, by appropriate action of its gov-
erning body, accepts and agrees to the terms and conditions, if any, to
which the urban exclusion has been made subject and takes final action
to implement all such conditions.
§ 13223. Denial of Request for Exclusion.
If the commission denies a request for exclusion it shall adopt a resolu-
tion indicating the reasons for such denial, and shall transmit the resolu-
tion to the requesting local government. Following such denial, a new re-
quest for exclusion of the same area may be filed with the commission
after the expiration of three (3) months from the date of the commission' s
action, provided that the local government submits information indicat-
ing the reasons for denial have been overcome in the new request.
Page 611
(4-1-90)
§ 13224
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13224. Termination of Final Request.
The local government may at any time terminate the request for exclu-
sion and such termination shall void the order granting the exclusion and
reinstate the development controls of the California Coastal Act of 1 976.
Upon termination of the request, no new request for an exclusion of the
same area may be filed with the commission for three (3) months from
the date of termination.
§ 13225. Amendments to Order Granting Exclusion.
The local government may request amendments to the order granting
exclusion and shall file such requests with the commission. Amendments
that do not result in a significant change affecting the requirements of
PuWic Resources Code, Section 30610.5(b) may be approved by the ex-
ecutive director of the commission and shall be reported to the commis-
sion at the next regularly scheduled meeting of the commission for which
notice can be provided pursuant to Section 13220. The findings of the ex-
ecutive director shall be conclusive unless three (3) or more commission-
ers, following any public comment on the proposed amendments request
to review the determination of whether the proposed amendment would
constitute a significant change. Upon such a request by three (3) or more
commissioners, the commission shall determine whether the amendment
would result in a significant change in density, height or nature of uses
in the excluded area. If the amendment is determined not to be substan-
tial, the amendment shall be deemed approved and shall immediately be
incorporated in the original order granting the exclusion. An amendment
found to be substantial shall, at the option of the local government, be
treated in the same manner as a new request to exclude an urban area or
as a request for a categorical exclusion pursuant to Sections
13240-13249.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610.5, Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 2. Environmental Impact Review
Pursuant to the California Environmental
Quality Act
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code.
History
1 . Repealer of Article 2 (Sections 13226-13229) filed 8-14-81 ; effective thirtieth
day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Article 3. Implementation of Urban
Exclusion Order
§ 13230. Effect of an Order Granting Exclusion.
An order granting exclusion removes the area in question from the pro-
visions of Chapter 7 of the California Coastal Act of 1976, from the effec-
tive date of the exclusion order until the certification of a local coastal
program or January 1 , 1 98 1 , whichever is earlier and therefore no permit
application otherwise requiring a local government permit for the pro-
posed development activity shall be filed for such an area with the com-
mission. No development inconsistent with such order may take place
unless the order is amended or terminated as provided in this Subchapter.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610.5, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81;effective thirtieth day thereafter (Register 81,
No. 33).
§ 1 3231 . Interpretation of Exclusion.
Any person may request an interpretation of the order granting an ex-
clusion from the executive director of the commission. The executive di-
rector shall, as soon as time and resources allow, make such interpreta-
tion; such interpretation shall be reviewed by the commission at its next
regularly scheduled meeting for which notice can be provided pursuant
to Section 1 3220. The decision of the executive director shall be conclu-
sive unless three (3) or more members of the commission request to re-
view the interpretation, in which case the commission shall make the in-
terpretation by majority vote of the appointed membership. The affected
local government shall be notified of any such interpretation. The com-
mission will review any interpretation of the executive director if re-
quested by the affected local government.
Article 4. Relationship to Local Coastal
Program
§ 13234. Termination upon Adoption of Local Coastal
Program.
Upon the effective date of the delegation of development review au-
thority to a local government pursuant to Public Resources Code, Section
30519, an urban exclusion order shall automatically be deemed termi-
nated for that portion of the urban exclusion land area included in the ap-
proved local coastal program. Any permit granted pursuant to an exclu-
sion order shall remain in effect, provided that no substantial change is
made in the development plan previously approved and all necessary
governmental approvals remain in effect.
§ 13235. Applicability of an Exclusion to the Local Coastal
Program.
The circumstances, provisions, terms conditions, etc., related to an ur-
ban exclusion shall not prejudice the certification or denial of certifica-
tion of the Local Coastal Program by the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610.5, Pubhc Resources Code.
History
1. New section filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Subchapter 4.5. Waiver of Permit
Requirements for De Minimis Development
§13238. Scope of Subchapter.
This subchapter governs procedures to process waivers from permit
requirements for de minimis projects pursuant to Public Resources Code
Section 30624.7.
NOTE: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Ref-
erence: Section 30624.7, Public Resources Code.
History
1. New Subchapter 4.5 (Sections 13238 and 13238.1-13238.3) filed 4-14-82 as
an emergency; effective upon filing (Register 82, No. 17).
2. Order of Repeal of 4-14-82 emergency order filed 4-21-82 by OAL pursuant
to Government Code Section 1 1349.6 (Register 82, No. 17).
3. New Subchapter 4.5 (Sections 13238 and 13238.1-13238.2) filed 8-25-82; ef-
fect ve upon filing pursuant to Government Code Secfion 11346.2(d).
§13238.1. Application.
The executive director may issue a waiver from permit requirements
after review of a completed permit application. If, upon review of the
application, the executive director determines that the permit require-
ments may be waived, the applicant shall post public notice as required
by Section 13054(b), and shall provide any additional notice to the public
that the executive director deems appropriate. The executive director
shall notify any person known to be interested in the proposed develop-
ment of the proposed waiver.
Page 612
(4-1-90)
Title 14
California Coastal Commission
§ 13244
•
NOTE: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Ref-
erence: Section 30624.7, Public Resources Code.
§ 13238.2. Report to the Commission.
The executive director shall report to the Commission those projects
for which waivers have been issued under this subchapter, with sufficient
description to give notice of the proposed development to the Commis-
sion. A list of waivers issued by the executive director shall be available
for public inspection at the meeting during which the waivers will be re-
ported. Any waivers issued by the executive director shall be included in
the report for the next meeting. If, pursuant to Public Resources Code
Section 30624.7, the Commission requests that the waiver not be effec-
tive, the applicant shall be advised that a coastal permit is required if the
applicant wishes to proceed with the development.
NOTE: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Ref-
erence: Section 30624.7, Public Resources Code.
Subchapter 5. Categorical Exclusions
§ 13240. Categorical Exclusions.
The provisions of this Subchapter shall govern the procedure of the
commission in considering the exclusion of any category of development
or any category of development within a specifically defined geographic
area from the coastal development permit requirements of Chapter 7 of
the California Coastal Act of 1976 (commencing with Section 30600)
pursuant to Public Resources Code, Section 30610(e).
NOTE: Authority cited: Sections 30331 and 30333, Public Resources Code. Refer-
ence: Section 30610(e), Public Resources Code.
History
1. New Subchapter 5 (Sections 13240-13249, not consecutive) filed 2-11-77 as
an emergency, effective upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 10).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 1. Commission Review Procedures
§ 1 3241 . Request for Exclusion.
(a) In the case of a local government or other public agency requesting
that a category of development or categories of development within a
specific geographic area be excluded from the coastal development per-
mit requirements of Chapter 7 of the California Coastal Act of 1 976
(commencing with Public Resources Code, Section 30600), such agency
shall provide the executive director of the commission with materials and
information that the executive director deems necessary to make the find-
ings required by Public Resources Code, Section 30610(e) and
30610.5(b) and the California Environmental Quality Act (commencing
with Public Resources Code Section 21000). The executive director shall
cause a public hearing on such a request to be scheduled within a reason-
able time of the receipt of materials and information sufficient to allow
him to evaluate whether the request for exclusion meets the requirements
of Public Resources Code, Sections 30610(e) and 30610.5(b).
(b) In the case of a request by a person not representing a public
agency, the executive director shall review proposed requests for cate-
gorical exclusions and submit for commission review only those requests
that appear to meet the requirements of Public Resources Code, Sections
30610(e) and 30610.5(b).
(c) Commission requests shall be reviewed in the same manner as pro-
vided in subsection (a) above.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(e), Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13242. Hearing Procedures.
The executive director of the commission, after consultation with the
public agency that approves development activity for the particular cate-
gory of development proposed for exclusion with any affected local gov-
ernment and with any persons known to be interested in the development
activity, shall prepare and distribute a report in the same manner provided
in Section 13220. If the commission determines after the public hearing
is closed that the proposed categorical exclusion warrants commission
action, the executive director shall prepare a recommendation in the same
manner as provided in Section 13221.
§ 13243. Commission Action on Order Granting Exclusion.
The commission shall, by a two-thirds (2/3) vote of its appointed
members, exclude those categories of development or categories of de-
velopment within specific geographic areas that it finds meet the criteria
of Public Resources Code, Section 30610(e); the commission shall re-
quire such terms and conditions as it deems necessary pursuant to Public
Resources Code, Section 30610.5(b). The commission's order granting
the exclusion shall contain the following:
(a) A precise description of the category of development or category
of development within a specific geographic area that is the subject of the
exclusion in sufficient detail to permit any person to know precisely
which category of development within a specific geographic area does
not require a coastal development permit pursuant to Chapter 7 of the
California Coastal Act of 1976.
(b) Specific findings supporting such determination to grant the exclu-
sion as required by Public Resources Code Section 30610(e).
(c) Any terms and conditions necessary to comply with the require-
ments of Section 30610.5(b). Such terms and conditions may also specify
that certain categories of development or categories of development
within a specific geographic area may be excluded only on a condition
that local government development approvals are reviewable by the
commission in the same manner as provided in Sections 13318-13323.
(d) Any category of development for which the commission shall re-
ceive notice of public agency approval.
(e) A declaration that the exclusion may be rescinded at any time, in
whole or in part, if the commission finds by a majority vote of its ap-
pointed membership after public hearing that the terms and conditions of
the exclusion order no longer support the findings specified in Public Re-
sources Code, Section 30610(e) and that the order may be revoked at any
time that the terms and conditions of the order are violated as provided
in Public Resources Code, Section 30610.5.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(e), Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13244. Order Granting Exclusion.
Upon adoption of an order granting an exclusion pursuant to this ar-
ticle, the commission shall transmit copies of such order to each applica-
ble local government or other pubHc agency affected by the exclusion or-
der. No categorical exclusion approved by the commission shall be
effective until the following occur:
(a) The public agency which issues the permit for the category of de-
velopment that is the subject of the categorical exclusion order, by action
of its governing body, acknowledges receipt of the commission's resolu-
tion of approval, including any conditions which may have been required
pursuant to Public Resources Code Section 30610.5;
(b) The agency described in subsection (a) above, by appropriate ac-
tion of its governing body, accepts and agrees to the terms and conditions
to which the categorical exclusion has been made subject; and
(c) The executive director of the commission determines in writing
that the public agency's resolution is legally adequate to carry out the ex-
clusion order and that the notification procedures satisfy the require-
ments of the exclusion order.
The approval of any category of development excluded on condition
that the commission shall have the right to review any such development
shall be condifioned on the requirement that the public agency permit
Page 613
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§ 13244.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
shall not become effective for twenty (20) working days following com-
mission receipt of notification as provided in Section 13243 (c) and (d).
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(e), Public Resources Code.
HrSTORY
]. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 31).
§ 13244.1. Adopted Categorical Exclusions.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30610(d) and 30610.5(a) and (b). Public Resources Code.
History
1 . New subsection (q) filed 2-8-78; effective thirtieth day thereafter (Register 78,
No. 6). For prior history, see Register 77, No. 50.
2. New subsection (r) filed 2-28-78; effecUve thirtieth day thereafter (Register 78,
No. 9).
3. New subsection (s) filed 4-1 1 -78; effective thirtieth day thereafter (Register 78,
No. 15).
4. New subsection (t) filed 6-27-78; effective thirtieth day thereafter (Register 78,
No. 26).
5. Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§ 13245. Interpretation, Amendment or Termination of
Exclusion Order.
An interpretation of a categorical exclusion order may be requested in
the same manner provided in Section 13231. A request for amendment
to a categorical exclusion order shall be reviewed in the same manner
provided in Section 13225, provided that approval of a proposed amend-
ment shall be by two-thirds (2/3) vote of the appointed membership. A
public agency may request that a categorical exclusion order be termi-
nated in the manner provided in Section 13224.
Article 2. Implementation of Categorical
Exclusion Order
§ 13247. Effect of a Categorical Exclusion Order.
An order granting an exclusion for a category of development removes
that category of development from the permit requirements of Chapter
7 of the California Coastal Act of 1976 to the extent and in the manner
specifically provided in the exclusion order. No development inconsis-
tent with such order may take place unless the order is amended or termi-
nated as provided in this subchapter or a final coastal development permit
is issued.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
§ 13248. Notification of Development Approvals.
Any pubHc agency issuing a development permit for any excluded
category of development or category of development within a specific
geographic area for which notification requirements are specified in the
commission's exclusion order shall notify the commission of such devel-
opment approval in the same manner as required in Section 13315.
§ 13249. Termination of Order Granting Exclusion.
The commission may revoke an order granting a categorical exclusion
at any time after public hearing as set forth below:
(a) If the executive director or any two (2) members of the commission
determine that development inconsistent with the exclusion order has
been permitted and that corrective measures other than revocation have
not been or may not be effective, the executive director shall cause to
have scheduled a public hearing to be conducted in the manner provided
in Section 13243. If the commission determines after public hearing that
the conditions of exclusion have been violated, it may by a majority vote
of its authorized membership, revoke the exclusion order and reinstate
the permit requirements of the California Coastal Act of 1976 (com-
mencing with Public Resources Code, Section 30600) as of the date of
the commission's decision to revoke the exclusion order. The procedures
for rescission of an exclusion order shall be the same except that the com-
mission must find that the terms and conclusions of the exclusion order
no longer support the findings required by Public Resources Code, Sec-
tion 30610(e).
(b) Upon the effective date of the delegation of development review
authority to a local government pursuant to Public Resources Code, Sec-
tion 30519, a categorical exclusion order shall automatically be deemed
terminated for any category of development included in the geographic
area of the approved local coastal program.
(c) At the time of the termination of an exclusion order pursuant to sub-
section (a) above, the commission shall indicate any prior permits ap-
proved during the term of the exclusion order that will require coastal
commission pennit review pursuant to these regulations. Any permit ap-
proved prior to the termination of an exclusion order pursuant to subsec-
tion (b) above shall remain in effect, provided that no substantial change
is made in the development plans previously approved and all necessary
governmental approvals remain in effect.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(e), Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Reeister 81,
No. 33).
Subchapter 6. Existing Single-Family
Residences
§ 13250. Improvements to Existing Single-Family
Residences.
(a) For purposes of Public Resources Code Section 30610(a) where
there is an existing single-family residential building, the following shall
be considered a part of that structure:
(1) All fixtures and other staictures directly attached to a residence;
(2) Structures on the property normally associated with a single-fami-
ly residence, such as garages, swimming pools, fences, and storage
sheds; but not including guest houses or self-contained residential units;
and
(3) Landscaping on the lot.
(b) Pursuant to Public Resources Code Section 30610(a), the follow-
ing classes of development require a coastal development permit because
they involve a risk of adverse environmental effects:
(1) Improvements to a single-family structure if the structure or im-
provement is located: on a beach, in a wetland, seaward of the mean high
tide line, in an environmentally sensitive habitat area, in an area desig-
nated as highly scenic in a certified land use plan, or within 50 feet of the
edge of a coastal bluff.
(2) Any significant alteration of land forms including removal or
placement of vegetation, on a beach, wetland, or sand dune, or within 50
feet of the edge of a coastal bluff, or in environmentally sensitive habitat
areas;
(3) The expansion or construction of water wells or septic systems;
(4) On property not included in subsection (b)(1) above that is located
between the sea and the first public road paralleling the sea or within 300
feet of the inland extent of any beach or of the mean high tide of the sea
where there is no beach, whichever is the greater distance, or in signifi-
cant scenic resources areas as designated by the commission or regional
commission, improvement that would result in an increase of 10 percent
or more of internal floor area of an existing structure or an additional im-
provement of 10 percent or less where an improvement to the structure
had previously been undertaken pursuant to Public Resources Code Sec-
tion 30610(a), increase in height by more than 10 percent of an existing
structure and/or any significant non-attached structure such as garages,
fences, shoreline protective works or docks.
(5) In areas which the commission or a regional commission has pre-
viously declared by resolution after public hearing to have a critically
short water supply that must be maintained for the protection of coastal
resources or public recreational use, the construction of any specified
major water using development not essential to residential use including
Page 614
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Title 14
California Coastal Commission
§ 13252
•
but not limited to swimming pools, or the construction or extension of
any landscaping irrigation system.
(6) Any improvement to a single-family residence where the develop-
ment permit issued for the original structure by the commission, regional
commission, or local government indicated that any future improve-
ments would require a development permit.
(c) In any particular case, even though an improvement falls into one
of the classes set forth in subsection (b) above, the executive director of
the commission may, where he or she finds the impact of the develop-
ment on coastal resources or coastal access to be insignificant, waive the
requirement of a permit; provided, however, that any such waiver shall
not be effective until it is reported to the commission at its next regularly
scheduled meeting. If any three (3) commissioners object to the waiver,
the proposed improvement shall not be undertaken without a permit.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(a), Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Amendment of subsection (b)(4) filed 8-24-77; effective thirtieth day thereaf-
ter (Register 77, No, 35).
3. Amendment of subsection (a)(5) filed 5-29-79; effective thirtieth day thereafter
(Register 79, No. 22).
4. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be tiled within 1 20 days or emergency
language will be repealed on 5-3-80.
5. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
6. Amendment of subsection (b)(1) filed 7-24-80; effective thirtieth day thereaf-
ter (Register 80, No. 30).
7. Amendment filed 1-28-81; effecfive thirtieth day thereafter (Register 81,
No. 5).
8. Amendment of subsecfion (c) filed 8-14-81; effective thirtieth day thereafter
(Register 81, No. 33).
9. Amendment of secfion heading and section filed 9-20-99; operafive 10-20-99
(Register 99, No. 39).
Subchapter 7. Repair and Maintenance
Activities That Require a Permit
§ 13252. Repair and Maintenance of Activities Requiring a
Permit.
(a) For purposes of Public Resources Code Section 30610(d), the fol-
lowing extraordinary methods of repair and maintenance shall require a
coastal development permit because they involve a risk of substantial ad-
verse environmental impact:
( 1 ) Any method of repair or maintenance of a seawall revetment, bluff
retaining wall, breakwater, groin, culvert, outfall, or similar shoreline
work that involves:
(A) Repair or maintenance involving substantial alteration of the foun-
dation of the protective work including pilings and other surface or sub-
surface structures;
(B) The placement, whether temporary or permanent, of rip-rap, arti-
ficial berms of sand or other beach materials, or any other forms of solid
materials, on a beach or in coastal waters, streams, wetlands, estuaries
and lakes or on a shoreline protective work except for agricultural dikes
within enclosed bays or estuaries;
(C) The replacement of 20 percent or more of the materials of an exist-
ing structure with materials of a different kind; or
(D) The presence, whether temporary or permanent, of mechanized
construction equipment or construction materials on any sand area, bluff,
or environmentally sensitive habitat area, or within 20 feet of coastal wa-
ters or streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of 1 00,000 cubic yards or more within a twelve (12)
month period;
(B) The placement of dredged spoils of any quantity within an envi-
ronmentally sensitive habitat area, on any sand area, within 50 feet of the
edge of a coastal bluff or environmentally sensitive habitat area, or within
20 feet of coastal waters or streams; or
(C) The removal, sale, or disposal of dredged spoils of any quantity
that would be suitable for beach nourishment in an area the commission
has declared by resolution to have a critically short sand supply that must
be maintained for protection of structures, coastal access or public recre-
adonal use.
(3) Any repair or maintenance to facilities or structures or work lo-
cated in an environmentally sensitive habitat area, any sand area, within
50 feet of the edge of a coastal bluff or environmentally sensitive habitat
area, or within 20 feet of coastal waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of
rip-rap, rocks, sand or other beach materials or any other forms of solid
materials;
(B) The presence, whether temporary or permanent, of mechanized
equipment or construction materials.
All repair and maintenance activities governed by the above provi-
sions shall be subject to the permit reguladons promulgated pursuant to
the Coastal Act, including but not limited to the regulations governing
administrative and emergency permits. The provisions of this section
shall not be applicable to methods of repair and maintenance undertaken
by the ports listed in Public Resources Code Section 30700 unless so pro-
vided elsewhere in these regulations. The provisions of this section shall
not be applicable to those activities specifically described in the docu-
ment endtled Repair, Maintenance and Utility Hookups, adopted by the
Commission on September 5, 1978 unless a proposed activity will have
a risk of substantial adverse impact on public access, environmentally
sensitive habitat area, wetlands, or public views to the ocean.
(b) Unless destroyed by natural disaster, the replacement of 50 percent
or more of a single family residence, seawall, revetment, bluff retaining
wall, breakwater, groin or any other structure is not repair and mainte-
nance under Section 30610(d) but instead constitutes a replacement
structure requiring a coastal development permit.
(c) Notwithstanding the above provisions, the executive director of the
coriimission shall have the discretion to exempt from this section ongo-
ing routine repair and maintenance activities of local governments, state
agencies, and public utilities (such as railroads) involving shoreline
works protecting transportation road ways.
(d) Pursuant to this section, the commission may issue a permit for on-
going maintenance activities for a term in excess of the two year term pro-
vided by these regulations.
(e) In any particular case, even though a method of repair and mainte-
nance is identified in subsection (a) above, the executive director may,
where he or she finds the impact of the development on coastal resources
or coastal access to be insignificant, waive the requirement of a permit;
provided however, that any such waiver shall not be effective undl it is
reported to the commission at its next regularly scheduled meeting. If any
three (3) commissioners object to the waiver, the proposed repair and
maintenance shall not be undertaken without a permit.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(d), Public Resources Code.
History
1. New Subchapter 7 (Section 13252) filed 6-29-78 as an emergency; effective
upon filing (Register 78, No. 26).
2. Amendment of subsection (a)(4) and new subsections (c) and (d) filed
11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate of Compliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
4. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
5. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
5).
6. Amendment of subsections (c) and (d) filed 8-14-81; effecfive thirtieth day
thereafter (Register 81, No. 33).
Page 615
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Title 14
7. Amendment of subsections (a)(1)(D), (a)(3)(B) and (b) and new subsection (e)
filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
Subchapter 7.5. Improvements to
Structures, Other than Single-Family
Residences and Public Works Facilities That
Require Permits
§ 13253. Improvements That Require Permits.
(a) For purposes of Public Resources Code Section 306J0(b) where
there is an existing structure, other than a single-family residence or pub-
lic works facility, the following shall be considered a part of that struc-
ture:
(1) All fixtures and other structures directly attached to the structure.
(2) Landscaping on the lot.
(b) Pursuant to Public Resources Code Section 30610(b), the follow-
ing classes of development require a coastal development permit because
they involve a risk of adverse environmental effect, adversely affect pub-
lic access, or involve a change in use contrary to the policy of Division
20 of the Public Resources Code:
(1) Improvement to any structure if the structure or the improvement
is located: on a beach; in a wetland, stream, or lake; seaward of the mean
high tide line; in an area designated as highly scenic in a certified land
use plan; or within 50 feet of the edge of a coastal bluff;
(2) Any significant alteration of land forms including removal or
placement of vegetation, on a beach or sand dune; in a wetland or stream;
within 100 feel of the edge of a coastal bluff, in a highly scenic area, or
in an environmentally sensitive habitat area;
(3) The expansion or construction of water wells or septic systems;
(4) On property not included in subsection (b)(1) above that is located
between the sea and the first public road paralleling the sea or within 300
feet of the inland extent of any beach or of the mean high tide of the sea
where there is no beach, whichever is the greater distance, or in signifi-
cant scenic resource areas as designated by the commission or regional
commission an improvement that would result in an increase of 10 per-
cent or more of internal floor area of the existing structure, or constitute
an additional improvement of 10 percent or less where an improvement
to the structure has previously been undertaken pursuant to Public Re-
sources Code Section 30610(b), and/or increase in height by more than
10 percent of an existing structure;
(5) In areas which the commission or regional commission has pre-
viously declared by resolution after public hearing to have a critically
short water supply that must be maintained for protection of coastal rec-
reation or public recreational use, the construction of any specified major
water using development including but not limited to swimming pools or
the construction or extension of any landscaping irrigation system;
(6) Any improvement to a structure where the coastal development
permit issued for the original structure by the commission, regional com-
mission, or local government indicated that any future improvements
would require a development permit;
(7) Any improvement to a structure which changes the intensity of use
of the structure;
(8) Any improvement made pursuant to a conversion of an existing
structure from a multiple unit rental use or visitor-serving commercial
use to a use involving a fee ownership or long-term leasehold including
but not limited to a condominium conversion, stock cooperative conver-
sion or motel/hotel timesharing conversion.
(c) In any particular case, even though the proposed improvement falls
into one of the classes set forth in subsection (b) above, the executive di-
rector of the commission may, where he or she finds the impact of the de-
velopment on coastal resources or coastal access to be insignificant,
waive the requirement of a permit; provided, however, that any such
waiver shall not be effective until it is reported to the commission at its
next regularly scheduled meeting. If any three (3) commissioners object
to the waiver, the proposed improveiuent shall not be undertaken without
a permit.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30610(b), Public Resources Code.
History
1. New subchapter 7.3 (Section 13233) filed 1-3-80 as an emergency; effective
upon filing (Register 80, No. 1 ). A Certi ficate of Compliance must be filed with-
in 120 days or emergency language will be repealed on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment of subsection (b)(1) filed 7-24-80; effective thirtieth day thereaf-
ter (Register 80, No. 30).
4. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81,
No. 5).
5. Amendment of subsection (c) filed 8-14-81; effective thirtieth day thereafter
(Registers], No. 33).
6. Amendment of subsections (b)(l)-(2), (b)(4), (b)(6) and (c) filed 9-20-99; op-
erative 10-20-99 (Register 99, No. 39).
Subchapter 8. Minor Adjustments to the
Coastal Zone Boundary
Article 1. Boundary Adjustment and
Boundary Determination Requests
§13255.0. Scope.
This subchapter shall govern (a) the request for a determination of the
precise location of a particular parcel or area of land in relation to the
boundary of the coastal zone, and (b) the request, review and imple-
mentation of proposed minor adjustments to the inland boundary of the
coastal zone pursuant to Public Resources Code Section 30103(b).
Boundary adjustments made pursuant to this subchapter shall be determi-
native for all purposes with respect to the California Coastal Act of 1976.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. New Subchapter 8 (Articles 1-4, Sections 13255.0-13259, not consecutive)
filed 6-6-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Amendment of article heading and section filed 3-14-2008; operative
3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No.
11).
§ 13255.1. Request for Boundary Determination.
Any request for a written determination by the Commission of the pre-
cise location of a particular parcel or area of land in relation to the bound-
ary of the coastal zone shall be accompanied by payment of the fee set
forth in Section 13055(b)(6).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Amendment of subsections (a), (c), and (d) filed 8-14-81; effective thirtieth day
thereafter (Register 81, No. 33).
2. Renumbering of former section 13255.1 to section 13255.2 and new section
13255.1 filed 3-14-2008: operative 3-14-2008 pursuant to Government Code
section 1 1343.4 (Register 2008, No. 11).
§ 1 3255.2. Request for Boundary Adjustment.
(a) The owner of the affected lot or parcel, the local government of ju-
risdiction, or the executive director of the commission may propose that
the inland boundary of the coastal zone be adjusted to avoid bisecting any
lot or parcel, or to conform the boundary to readily identifiable natural
or manmade features. The request to adjust the boundary shall be made
in writing to the commission.
(b) The request for a boundary adjustment shall be accompanied by
sufficient information to enable the commission to determine whether
the proposed adjustment is consistent with Public Resources Code Sec-
tion 30103(b). This information shall include:
(1) Name and address of the owner of the affected lot or parcel.
(2) Names and addresses of all occupants of the affected lot or parcel.
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Title 14
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§ 13257.1
•
•
(3) A description and documentation of the applicant's legal interest
in the affected lot or parcel.
(4) Names and addresses of all owners and occupants of all lots or par-
cels wholly or partially within 100 feet of the affected lot or parcel and
the addresses of all such lots or parcels;
(5) A map of suitable scale to show the present and proposed location
of the coastal zone boundary, all lots or parcels within 1 00 feet of the af-
fected lot or parcel, and the existence and location of all readily identifi-
able natural and manmade features;
(6) A description of the existing use of the affected lot or parcel and
the nearby lands.
(7) A discussion of the reasons is for the request that the coastal zone
boundary be adjusted.
(c) The person requesting the adjustment shall post a conspicuous no-
tice of the proposed adjustment at the time the request is submitted to the
commission. The form and location of the posted notice shall be similar
to that required by Section 13054(b) for permit matters.
(d) The request for a boundary adjustment shall be accompanied by a
filing and processing fee as set forth in Section 13055(b)(7).
The executive director of the commission may waive the filing and
processing fee in full or in part where the request concerns the same lot
or parcel considered for a previous boundary adjustment or permit appli-
cation where no substantial staff work is required or where the request is
made by the local government of jurisdiction.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Renumbering of former section 13255.2 to new section 13255.3 and renumber-
ing of former section 13255.1 to section 13255.2,includingamendment of sub-
section (d) and repealer of subsections (d)(l)-(4), filed 3-14-2008; operative
3-14-2008 pursuant to Government Code section 1 1 343.4 (Register 2008, No.
11).
§13255.3. Notification Requirements.
The person requesting the adjustment shall provide notice to affected
parties, property owners and occupants of any parcel within 100 feet of
any boundary of the affected parcel and to any other persons known to
be interested in the proposed boundary adjustments. This notice shall
comply with the requirements prescribed in Section 13054 for permit
matters.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Renumbering of former section 13255.2 to new section 13255.3 filed
3-14-2008; operative 3-14-2008 pursuant to Government Code section
1 1343.4 (Register 2008, No. 11).
Article 2.
Commission Action on Boundary
Adjustment Request
§ 13256.0. Consideration by Regional Commission of
Requests for Boundary Adjustments.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30103(b) and 30305, Public Resources Code.
History
1 . Amendment of Article heading and repealer of Section 13256.0 filed 8-2-89;
operative 9-1-89 (Register 89, No. 32).
§13256.1. Staff Review.
(a) Within five (5) days of receipt of a request for a boundary adjust-
ment, the executive director of the commission shall make a preliminary
review of the request. If the request does not conform to the provisions
of Section 13255.1 or if the proposed adjustment patently fails to con-
form to the requirements of Public Resources Code Section 30103(b), the
executive director of the commission shall reject the request and shall
notify the person requesting the adjustment of his or her determination.
(b) Following the preliminary review the executive director of the
commission shall further review the requested boundary adjustment and
shall investigate:
(1) whether there are alternative adjustments to the boundary either
seaward or landward which would be consistent with the provisions of
Pubhc Resources Code Section 30103(b) and which would result in a
more readily identifiable location for the coastal zone boundary;
(2) whether there are coastal resources on the affected lot or parcel
which would be affected by a change in the boundary;
(3) whether an adjustment to the boundary would affect coastal re-
sources on other lands;
(4) whether an adjustment to the boundary would affect opportunities
for public access to or along the coast;
(5) whether an adjustment to the boundary would affect the ability of
local government to prepare a local coastal program in conformance with
the goals, objectives and policies of the Coastal Act of 1976.
In conducting the investigation of the proposed boundary adjustment
the executive director of the commission shall consult with the affected
local govemments.
(c) The executive director of the commission shall prepare and distrib-
ute a written staff recommendation regarding the requested boundary ad-
justment in a manner similar to the manner for preparation and distribu-
tion of staff recommendations on permit matters.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
§ 13256.2. Commission Action on Boundary Adjustment.
Within 49 days of the fihng of a request for a boundary adjustment the
Commission shall conduct the public hearing and take action in substan-
tially the same manner as provided in Sections 13057-13096. The Com-
mission shall adopt a resolution regarding the request for an adjustment
to the coastal zone boundary. The resolution shall be accompanied by
specific factual findings to support the following legal conclusions:
(a) The adjustment conforms to the requirements of Section 30103(b)
of the Coastal Act; and
(b) The adjustment will not interfere with the achievement of the poli-
cies of Chapter 3 of the Coastal Act; and will not prejudice the prepara-
tion of a local coastal program conforming to Chapter 3 of the Coastal
Act.
NOTE: Authority cited: Section 30333, Pubhc Resources Code. Reference: Sec-
tion 30103, Public Resources Code.
History
1. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1). A Certificate ofCompliance must be filed within 120 days or emergency
language will be repealed on 5-3-80.
2. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81,
No. 33).
Article 3. Commission Hearing and Voting
Procedure
§ 13257.0. Commission Action upon Receipt of Regional
Commission Recommendation.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103, Public Resources Code.
History
1 . Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80,
No. 1 ). A Certificate ofCompliance must be filed within 1 20 days or emergency
language will be repealed on 5-3-80.
2. Certificate ofCompliance transmitted to OAH 4-29-80 and filed 5-8-80 (Reg-
ister 80, No. 19).
3. Repealer filed 8-14-81; effecfive thirtieth day thereafter (Register 81, No. 33).
§ 13257.1. State Commission Action Without De Novo
Public Hearing.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1 . Repealer filed 8-14-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 33).
Page 617
Register 2008, No. 11; 3-14-2008
§ 13257.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13257.2. State Commission Action with a De Novo Public
Hearing.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
HtSTORY
1 . Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
§ 1 3257.3. Qualifications to Testify Before the
Commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference; Sec-
tion 30103(b), Pubhc Resources Code.
History
1 . Repealer filed 8-14-81 ; effecfive thirtieth day thereafter (Register 81 , No. 33).
§13257.4. Evidence.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Repealer filed 8-14-81 ; effecfive thirtieth day thereafter (Register 81 , No. 33).
§ 13257.5. Adoption by State Commission.
Upon commission approval of adjustment to the coastal zone bound-
ary, the executive director of the commission shall record the adjustment
on the official jurisdiction maps and file them with the appropriate county
clerk within thirty (30) days of the commission action.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
fion 30103(b), Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Chapter 7. Coastal Development — Permits
Issued by Local Governments and Other
Public Agencies
Article 4. Withdrawal and Reapplication
§ 13258. Withdrawal of Boundary Adjustment Request.
At any time before the commission commences the roll call for a final
vote on the boundary adjustment request, the person requesting the
boundary adjustment may withdraw the request. The withdrawal must be
in writing or stated on the record and does not require commission con-
currence.
NOTE; Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
fion 30103(b), Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
§13259. Reapplication.
Following a final decision upon a request for a coastal zone boundary
determination, no person previously requesting a boundary adjustment
may resubmit to the commission a request for a boundary adjustment for
the same parcel for a period of six months from the date of the previous
final decision. The six-month waiting period provided in this section
may be waived by the commission for good cause.
NOTE: Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30103(b), Public Resources Code.
History
1. Amendment filed 8-14-81; effecfive thirtieth day thereafter (Register 81,
No. 33).
Subchapter 1. Coastal Development
Permits issued by Local Governments
§ 13300. Applicability of Chapter to Developments Within
the Coastal Zone.
This chapter shall govern the issuance by local governments of coastal
development permits pursuant to Public Resources Code Section
30600(b) and shall be applicable to any person wishing to perform or un-
dertake any development in the coastal zone except for the following:
(a) Any development on tidelands, submerged lands, or on public trust
lands, whether filled or unfilled.
(b) Any development by a public agency for which a local government
permit is not otherwise required.
(c) Any development subject to the provision of Section 30608,
30610, 30610.5, 30611 and 30624 of the Public Resources Code.
NOTE: Authority cited: Secfions 30333 and 30620, Public Resources Code. Refer-
ence: Secfions 30600(b) and 30601, Public Resources Code.
History
1. New Chapter 7 (Secfions 13300-13327, not consecufive) filed 2-11-77 as an
emergency; effecfive upon filing (Register 77, No. 7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Amendment of NOTE filed 4-20-83; effective thirtieth day thereafter (Register
83, No. 17).
Article 1. Local Government Coastal
Development Permit Program
§ 13301. Coastal Development.
(a) Following the implementation of a coastal development permit
program by a local government as provided in Section 1 3307, any person
wishing to perform a development within the affected jurisdiction except
as specified in Section 13300 shall obtain a coastal development permit
from the local government. If the development is one specified in Public
Resources Code 30601 . a permit must also be obtained from the commis-
sion in addition to the permit otherwise required from the local govern-
ment; in such instances, an application shall not be made to the commis-
sion until a coastal development permit has been obtained from the
appropriate local government.
(b) Where any proposed activity involves more than one action consti-
tuting a development under Public Resources Code, Section 30106, the
sum of such acfions may be incorporated into one coastal development
permit application and into one coastal development permit for purposes
of notification requirements of Section 13315; provided, however, that
no individual development activity may be commenced or initiated in
any way until the overall development has been reviewed pursuant to the
provisions of Sections 13315-13325.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600 and 30601, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
Page 618
Register 2008, No. 11; 3-14-2008
Title 14
California Coastal Commission
§ 13302
Article 2. Requirements for the Local
Government Coastal Development Permit
System
§ 13302. Coastal Development Permit Program Content.
In order to meet the requirements of the California Coastal Act includ-
ing Public Resources Code, Sections 30602(a), 30604, 30620 and
30620.5 a local government coastal development permit program shall
include, but not be limited to, the following:
(a) Application forms that require, as a minimum, the same informa-
tion required on the application forms adopted by the commission pur-
suant to Public Resources Code, Section 30620(a)(1).
(b) Designation of a discretionary body or bodies which will review
applications for and issue coastal development permits pursuant to the re-
quirements of Public Resources Code, Section 30604, 30620.5(a) and
30625(c).
(c) Procedures which incorporate in the permit review process the in-
terpretive guidelines issued by the commission pursuant to Public Re-
sources Code, Section 30620(a)(3).
(d) Procedures for providing notice to the public, including all persons
who request notice of pending permit applications and of rights of appeal
within the local government and to the commission at a minimum equiva-
lent to the notice required by Sections 13054 and 13063.
(e) Procedures which specify;
(1) The method by which interested persons may communicate con-
cerns to the designated discretionary body or bodies which will issue
coastal development permits.
(2) The designation of a chain of permit appeals, if any, within the local
government.
(3) The point in the local review process at which a coastal develop-
ment permit is deemed issued.
(f) Procedures for notification to the commission and any person who
in writing has requested such information of any coastal development
which has been issued and of any coastal development permit which has
been denied.
(g) The content of the notice to the commission and other interested
persons shall include, but not be limited to, l)acopy of the permit appli-
cation and any subsequent modifications thereto, 2) a summary of the ac-
tion taken by the local government including written findings and 3) a
verbatim copy of any conditions attached to the local government permit
approval and of the findings made at the time of the approval. The execu-
tive director of the commission may modify the reporting requirements
to eliminate technical matters that are not relevant to the requirements of
the California Coastal Act of 1976.
[The next page is 619.]
Page 618.1
Register 2008, No. 11; 3-14-2008
Title 14
California Coastal Commission
§ 13313
(h) Provisions for specific language that will be set forth in each coast-
al development permit making the permit effective only upon the expira-
tion of the 20 working days from the time of the receipt of the notice by
the executive director of the commission unless a vahd appeal is filed
within that time pursuant to Public Resources Code, Section 30602(a).
NOTE; Authority cited: Sections 30333 and 30620. Public Resources Code. Refer-
ence: Sections 30600, 30602, 30604, 30620, 30620.5 and 30625, Public Re-
sources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
2. Editorial conection of printing error in subsection (a) (Register 93, No. 32).
§ 13303. Alternative Procedures for Implementation of a
Local Government Coastal Development
Permit Program.
Consistent with the requirements of Section 13302, a local govern-
ment may incorporate the coastal development permit review into any
existing local permit procedure which provides for reviewing public
comment, the taking of evidence and the adoption of findings on all per-
mits at a duly noticed public hearing or it may establish a separate coastal
development permit application review procedure. A local government
wishing to establish a local government coastal development permit pro-
gram shall meet the requirements of the California Coastal Act of 1976
either by submitting its proposed program pursuant to Section 13304 or
by adopting an ordinance prepared by the commission.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30600, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
§ 13304. Notice of Intent Alternative.
At least 30 days prior to the final adoption of a coastal development
permit program a local government shall file a notice of intent with the
commission. The notice of intent shall state the intent of the local govern-
ment to adopt a coastal development permit program. Within 10 working
days of receiving a notice of intent, the executive director of the commis-
sion shall prepare and distribute to the commission, to the local govern-
ment and to any person known or thought to be interested an analysis of
the local government's coastal development permit program. The analy-
sis shall specify any provisions or omissions in the program which in the
opinion of the executive director cause such program to be inconsistent
with the requirements of the California Coastal Act or of Section 1 3302.
The report may include recommended modifications of the program to
cure the legal defects. The executive director shall make every effort to
consult with the local government and suggest modifications to the coast-
al development permit program in order to resolve any areas of disagree-
ment between the local government and the executive director prior to the
commission's next regularly scheduled meeting. After giving notice in
the manner prescribed in Section 13059, the commission shall review the
executive director's report at its next regularly scheduled meeting and
shall, following a public hearing on the report, adopt a resolution setting
forth modifications, if any, in the local government coastal development
permit program that it determines to be necessary to make such program
consistent with the requirements of the California Coastal Act and Sec-
tion 13302.
Following 30 days after filing with the commission a notice of intent
the local government may adopt a coastal development permit program
for the entire area of its jurisdiction within the coastal zone. If a coastal
development permit program is adopted, the local government shall by
resolution pursuant to Public Resources Code, Section 30620.5(b) notify
the commission and all contiguous local governments within the coastal
zone and shall publish the resolution in the same manner as it would pub-
lish a notice of a proposed general plan amendment; provided, however,
that such notice shall also be published in the newspaper with the widest
circulation in the portion of the local government jurisdiction lying with-
in the coastal zone. The notification to the commission shall include a
specific statement as to whether or not any modifications determined by
the commission to be necessary pursuant to this Section have been incor-
porated in the coastal development permit program.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30620 and 30620.5, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
§ 13305. Local Government Ordinance Alternative.
History
1 . Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§ 13306. Coastal Development Fees.
Following certificafion of the local government's coastal develop-
ment permit system, the local government may require fees from devel-
opment apphcants not exceeding those set forth in Section 1 3055 except
for costs incurred above the fee schedule in complying with the require-
ments of these regulations and of the California Environmental Quality
Act.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30620, Public Resources Code.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
§ 13307. Map of Areas Where Coastal Commission Permit
Is Required.
Within 30 days of the receipt of a notice transmitted pursuant to Public
Resources Code, Section 30620.5(b), the executive director of the com-
mission shall pubhsh a map of the coastal zone of the affected jurisdiction
that delineates the areas where coastal commission permit applications
will also be required pursuant to Public Resources Code, Section
30601(1) and (2).
NOTE; Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30601 and 30620.5, Public Resources Code.
History
1. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
Article 3. Local Government Issuance of a
Coastal Development Permit
§ 1 331 1 . Issuance of a Coastal Development Permit.
A coastal development permit shall be deemed issued (a) when final
review has occurred, (b) when, if applicable, all local rights of appeal
have been exhausted and (c) when findings have been made that the inter-
pretive guidelines have been reviewed and that the proposed develop-
ment conforms with the requirements of Public Resources Code, Secfion
30604(a) and with any applicable decision set by the commission pur-
suant to Public Resources, Section 30625(c). If the development is lo-
cated between the nearest public road and the sea or shoreline of any body
of water located within the coastal zone, the local government shall also
make the specific findings required by Public Resources Code, Secfion
30604(c).
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30604, 30620.5 and 30625, Public Resources Code.
History
1. New NOTE filed 4-20-83; effecfive thirtieth day thereafter (Register 83,
No. 17).
§ 1 331 3. Finality of Local Action.
The permit issued by the local government shall become final unless
a valid appeal is filed with the commission of the nofice specified in Pub-
he Resources Code 30620.5(c) or unless the permit applicafion is subject
to the requirements of Public Resources Code, Secfion 30601 . Each local
coastal development permit shall contain a statement that the permit shall
not become effecfive until 20 working days have elapsed without an ap-
peal to the commission following the proper receipt by the execufive di-
Page 619
Register 93, No. 32; 8-6-93
§ 13315
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
rector of the commission of the notice of permit issuance pursuant to Sec-
tion 13316. Permits subject to the requirements of Public Resources
Code, Section 30601 , shall also contain a statement that the permit shall
not become effective until the requirements of Public Resources Code,
Section 30601 have been fulfilled.
NOTE: Authority cited: Sections 30333 and 30620. Public Resources Code. Refer-
ence: Sections 30600, 30601, 30602, 30620 and 30620.5, Public Resources Code.
History
1. Amendmenl filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
Article 4. Coastal Commission Review of
Local Coastal Development Permit
§13315. Notice by Local Government.
Within five (5) working days of the issuance of a permit in conformity
with Section 13311 the local government shall provide notification of
such issuance on a form prescribed by the commission to the office of the
commission and any persons who in writing requested such notice. Un-
less the local government provides such notification to the commission,
the permit issued by the local government shall be of no force and effect.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30602 and 30620.5, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
§ 13316. Receipt by Executive Director.
The executive director of the commission shall not be deemed to have
received the notice of permit issuance from the local government unless
the notice form is completed and the permit on its face includes the find-
ings required by Section 1331 1 and the project description set forth in the
application for which the permit has been issued. If the executive director
determines that the notice cannot be received, it shall be returned to the
local government within five (5) working days of its submission for com-
pletion and appropriate adjustment of the 20 working day effective peri-
od statement required by Section 13313. A properly completed notice
shall be received by the executive director of the commission and
stamped with the date of receipt.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30602, 30604 and 30620.5, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth da thereafter (Register 83, No.
17).
2. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 13317. Notice by Executive Director.
(a) Within 5 working days of receipt of the notice of permit issuance,
the executive director of the commission shall post a description of the
development, on a form prescribed by the executive director of the com-
mission, at a conspicuous location in the office of the commission.
(b) Within 7 working days of receipt of the notice of permit issuance,
the executive director of the commission shall forward to all known inter-
ested persons, to the members of the commission, a description of the de-
velopment, on a form prescribed by the executive director of the commis-
sion, in a manner reasonably calculated to allow time for review of the
development and filing of appeals.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30620.5 and 30625, Public Resources Code.
History
1. Amendment filed 4-20-83; effecfive thirtieth da thereafter (Register 83,
No. 17).
§ 13318. Filing of Appeal from the Issuance of a Coastal
Development Permit.
An appeal of a local government's issuance of a coastal development
permit may be filed by any person qualified under Pubhc Resources Code
Section 30602. The appeal must contain substantially the information re-
quired by Section 13111, must be received in the commission office be-
fore or on the 20th working day after receipt of the notice of permit is-
suance by the executive director of the commission and must comply
with the requirements of Section 13119.
Note: Authority cited: Secfions 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30602, 30604, 30620.5 and 30625, Public Resources Code.
History
1. Amendment filed 4-20-83: effective thirtieth day thereafter (Register 83.
No. 17).
§ 13319. Filing of Appeal from the Denial of a Coastal
Development Permit.
Where a local government approves a developinent on the basis of lo-
cal land use regulations but denies the issuance of a coastal development
permit because it cannot make the findings required by Section 13311,
the applicant may appeal such denial of the coastal development permit
in the manner provided in Section 13318. In addition, such appeal shall
be valid only if the local government approvals fulfill the preliminary lo-
cal approval requirements of Sections 13052 or 13053. An appeal from
a local government denial on the basis of local land use regulations shall
not be valid.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30604 and 30625, Public Resources Code.
History
1. New NOTE filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
§ 13320. Effect of Appeal to the Commission.
Upon receipt in the commission office of a timely valid appeal by a qu-
alified appellant the executive director of the commission shall notify the
permit applicant and the affected local government that the operation and
effect of the coastal development permit has been stayed pending final
action on the appeal by the commission as required by Section 30623 of
the Public Resources Code. Within five (5) working days of the receipt
of a notice of appeal from the commission, the affected local government
shall deliver to the executive director of the commission all relevant doc-
uments and materials used by the local government in its consideration
of the coastal development permit application.
NOTE; Authority cited: Secfions 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600, 30602 and 30623, Public Resources Code.
History
1. Amendment filed 4-20-83; effecfive thirtieth day thereafter (Register 83,
No. 17).
§ 13321 . Commission Consideration of Appeal.
Unless the commission finds that the appeal raises no substantial issue
in accordance with the requirements of Pubhc Resources Code Section
30625(b), and Secdon 131 15(a) and (c) of these regulations, the commis-
sion shall conduct a de novo consideration of the application in accor-
dance with the procedures set forth in Sections 131 14 and 13057-13096
of these regulafions.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Secfions 30600, 30621 and 30625, Public Resources Code.
History
1. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. 17).
2. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§13323. Appeal to Commission.
History
1 . Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 17).
§ 13325. Notification of Commission Action to Local
Government.
Following a final action by the commission on an appeal from a local
government issuance of a development permit, the commission shall
notify the local government of the action taken. Such notification shall
ordinarily be transmitted within ten (10) working days of final acuon by
the commission.
NOTE: Authority cited: Secfions 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30600 and 30602, Public Resources Code.
Page 620
Register 93, No. 32; 8-6-93
Title 14
California Coastal Commission
§ 13328.4
•
History
]. Amendment filed 4-20-83; effective thirtieth day thereafter (Register 83,
No. J 7).
§ 13327. Litigation Involving Local Government Coastal
Permit.
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
2. Repealer filed 4-20-83; effective thirtieth day thereafter (Register 83, No. 1 7).
Subchapter 1.5. Permits Issued and
Reviewed by Local Governments and the
Commission Pursuant to Certified Land Use
Plans
Article 1 . Procedures for the Issuance of
Administrative Permits by a Local Official
§ 1 3328. Scope of the Article.
This article governs special procedures for processing applications for
permits by a local government pursuant to the requirements of Public Re-
sources Code Section 30624 where the coastal development permit au-
thority has been delegated to a local government pursuant to Public Re-
sources Code Section 30600.5. prior to the certification of its local
coastal program. It shall apply to the issuance of administrative permits
by an appropriate local official so designated by resolution of the govern-
ing body of a local government that has been delegated coastal develop-
ment permit authority.
NOTE: Authority cited: Sections 30333 and 30624. Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
History
1. New Subchapter 1.5 (Articles 1-3, Sections 13328-13343) filed 4-29-82; ef-
fective thirtieth day thereafter (Register 82, No. 18).
§13328.1. Applicant's Statement.
The local government shall provide the applicant with a permit apph-
cation form that allows the applicant an opportunity to state that in his or
her opinion the work applied for falls within the criteria established by
Public Resources Code, Section 30624. The permit application form
must contain:
(a) An adequate description including maps, plans, photographs, etc.,
of the proposed development, project site and vicinity sufficient to deter-
mine whether the project conforms to the provisions of Public Resources
Code Section 30624 and complies with all relevant policies of the local
government' s certified land use plan portion of its local coastal program,
including sufficient information concerning land and water areas in the
vicinity of the site of the proposed project, (whether or not owned or con-
trolled by the applicant) so that the local government will be adequately
informed as to present uses and plans, both public and private, insofar as
they can reasonably be ascertained for the vicinity surrounding the proj-
ect site. The description of the development shall also include any feasi-
ble alternatives or any feasible mitigation measures available which
would substantially lessen any significant adverse impact which the de-
velopment may have on the environment. For purposes of this section the
term "significant adverse impact on the environment" shall be defined as
in I\ib]ic Resources Code Section 21068 (California Environmental
Quality Act) and Title 15 California Administrative Code Section
15002(g).
(b) A description and documentation of the applicant's legal interest
in all the property upon which work would be performed, if the applica-
tion were approved, e.g., ownership, leasehold, enforceable option au-
thority to acquire the specific property by eminent domain.
(c) A dated signature by or on behalf of each of the applicants, attesting
to the truth, completeness and accuracy of the contents of the appUcation,
and, if the signer of the application is not the applicant, written evidence
that the signer is authorized to act as the applicant's representative and
to bind the applicant in matters concerning the appHcation.
(d) Any information by the local government or designated local offi-
cial determines is necessary to adequately determine whether the devel-
opment is consistent with the certified land use plan.
(e) The form shall also provide notice to applicants that failure to pro-
vide truthful and accurate information necessary to review the permit
application or to provide public notice as required by these regulations
may result in delay in processing the application or may constitute
grounds for revocation of the permit.
NOTE: Authority cited: Secfions 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
§ 13328.2. Applications That May Qualify for an
Administrative Permit.
(a) The designated local official may process as an administrative per-
mit an application for work that conforms to the criteria set forth in Public
Resources Code Section 30624, if the proposed work is, in the opinion
of the designated local official, de minimis with respect to the policies
and objectives of the local government's certified land use plan portion
of its local coastal program.
(b) If an apphcation for an administrative permit is filed but the desig-
nated local official finds that the appUcafion does not meet the criteria of
Public Resources Code Section 30624, he or she shall notify the applicant
that a regular permit application is required pursuant to the provisions of
Public Resources Code Section 30600.5.
(c) The designated local official shall not issue an administrative per-
mit for any development that falls within the provisions of Public Re-
sources Code Sections 30519(b) and 30601 which require that a coastal
development permit application must be reviewed by the California
Coastal Commission pursuant to the provisions of Public Resources
Code Section 30600.5.
(d) Any appUcation for a development deemed a principal permitted
use within the meaning of PRC Section 30624, may be issued as an ad-
ministrative permit under this Article only if the development is specifi-
cally categorized as the principal permitted use in the certified land use
plan or applicable zoning ordinances unless specifically set forth in PRC
Section 30624.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Section 30600.5, Public Resources Code.
§ 1 3328.3. Copies of Application.
An application asserted to be within the criteria established by Public
Resources Code Section 30624 shall be furnished to the local govern-
ment by the applicant initially in one (1) copy, together with one copy of
whatever maps and drawings are reasonably required to describe the pro-
posal. A reasonable number of additional copies may, at the discrefion
of the designated local official, be required.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Section 30600.5, Public Resources Code.
§13328.4. Notice.
At the time the application is submitted for filing, the applicant must
post, at a conspicuous place on the site, notice that an application for a
permit for the proposed development has been submitted to the local gov-
ernment. Such notice shall contain a general description of the nature of
the proposed development and shall be in a form easily read by the public.
The local government shall furnish the applicant with a standardized
form to be used for such posting. If the applicant fails to so post the com-
pleted notice form and sign the declaration of posting, the designated lo-
cal official shall refuse to file the application, or shall withdraw the appli-
cation from filing if it has already been filed, when he or she learns of
such failure.
The applicant shall provide any additional notice to the public that the
designated local official deems necessary. The appropriate local official
shall also notify any persons known to be interested in the proposed de-
velopment.
Page 621
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§ 13328.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
§ 13328.5. Criteria and Content of Permits.
(a) The designated local official may approve or modify an application
for improvements or other development governed by this article on the
same grounds that the local government may approve an ordinary appli-
cation and may include reasonable terms and conditions required for the
development to conform with the policies of the local government's cer-
tified land use plan portion of its local coastal program.
(b) Permits issued for such developments shall be governed by the
standards used in approving coastal development permits pursuant to
Public Resources Code Section 30600.5 and implementing procedures
adopted thereto.
(c) A permit issued pursuant to Public Resources Code Section 30624
and this article shall contain a statement that it will not become effective
until the governing body of the local government has had an opportunity
to review the matter at its first scheduled meeting after that permit has
been issued by the appropriate local official.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Section 30600.5, Public Resources Code.
§ 13328.6. Refusal to Grant— Notice to Applicant.
(a) If the designated local official determines not to grant an adminis-
trative permit based on a properly filed application under this article, the
designated local official shall promptly mail written notice to this effect
to the applicant with an explanation of the reasons for this determination.
(b) If the designated local official makes the determination specified
under (a), the applicant may proceed to file an application for a regular
permit pursuant to the provisions of Public Resources Code Section
30600.5.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Section 30600.5, Public Resources Code.
§ 13328.7. Reports on Administrative Permits.
The designated local official shall report in writing to the governing
body of the local government at each meeting the permits that are ap-
proved under this article up until the time of the mailing for the meeting,
with sufficient description of the work authorized to allow the governing
body to understand the development proposed to be undertaken. Copies
of this report shall be available at the meeting and shall have been mailed
to the governing body and to all those persons who have in writing stated
they wish to receive such notification at the time of the regular mailing
for the meeting. Any such permits approved following the deadline for
the mailing shall be included in the report for the next succeeding meet-
ing. If 1/3 of the membership of the governing body of the local govern-
ment so request, the issuance of an administrative permit governed by the
Public Resources Code Section 30624 shall not become effective, but
shall, if the applicant wishes to pursue the application, be treated as a per-
mit application governed by Public Resources Code Section 30600.5.
NOTE; Authority cited: Sections 30333 and 30624. Reference: Sections 30600.5,
and 30624, Public Resources Code.
§ 13328.8. Appeal of Administrative Permit.
(a) Any person, the executive director of the California Coastal Com-
mission, or any two members of the California Coastal Commission may
appeal the decision to approve or deny an administrative permit to the
commission. An administrative permit may not be issued until the expira-
tion of the twenty (20) day appeal period. The twenty (20) working day
period for appeal shall run from the date of the receipt of a notice of final
local government action that contains sufficient information upon which
to base an informed appeal.
(b) Processing of an appeal shall be governed by the provisions of Pub-
lic Resources Code Section 30600.5 and California Administrative Code
Sections 13330-13343, and shall be scheduled, heard and processed as
priority items where time limits permit.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30602, Public Resources Code.
§ 13328.9. Amendments to Administrative Permits.
(a) Amendments to administrative permits may be approved by the
designated local official upon the same criteria and subject to the same
reporting requirements and procedures, including public notice and ap-
peals, as provided for in this article in the original issuance of such ad-
ministrative permits.
(b) If any amendment would, in the opinion of the appropriate local
official, increase the cost of the proposed development to an amount that
exceeds that specified in PRC Section 30624, the applicant shall thereaf-
ter be treated in the manner prescribed by the local governments imple-
menting procedures adopted pursuant to PRC Section 30600.5 dealing
with amendments to permits other than administrative permits.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
Article 2. Emergency Permit Applications ^
Processed by Local Officials
§13329. Definition of Emergency.
"Emergency," as used in Public Resources Code Section 30624, and
in this article, means: a sudden, unexpected occurrence demanding im-
mediate action to prevent or mitigate loss or damage to life, health, prop-
erty, or essential public services.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
§13329.1. Applications.
(a) Applications in case of emergency shall be made by letter to the ap-
propriate local official designated by the local government or in person
or by telephone, if time does not allow.
(b) The following information should be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(4) The remedial, protective, or preventive work required to deal with
the emergency; and
(5) The circumstance during the emergency that appeared to justify the
cause(s) of action taken, including the probable consequences of failing
to take action.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence; Sections 30600.5 and 30624, Public Resources Code.
§ 13329.2. Verification of Emergency.
The appropriate local official shall verify the facts, including the exis-
tence and the nature of the emergency, insofar as time allows.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
§ 13329.3. Criteria for Granting Permit.
(a) The designated local official shall provide public notice of the
emergency work, with the extent and type of notice determined on the ba-
sis of the nature of emergency.
(b) The designated local official may grant an emergency permit upon
reasonable terms and conditions, including an expiration date and the ne-
cessity for a regular permit application later, if the local official finds that:
(1) An emergency exists that requires action more quickly than per-
mitted by the procedures for administrative permits or for regular permits
administered pursuant to the provisions of Public Resources Code, Sec-
tion 30600.5 and the work can and will be completed within 30 days un-
less otherwise specified by the terms of the permit.
(2) Public comment on the proposed emergency action has been re-
viewed, if time allows; and
(3) The work proposed would be consistent with the requirements of
the certified land use plan portion of the local government's local coastal
program.
(c) The designated local official shall not issue an emergency permit
for any work that falls within the provisions of Public Resources Code
Sections 30519(b) and 30601 since a coastal development permit appli-
•
•
Page 622
(4-1-90)
Title 14
California Coastal Commission
§ 13340
caiion must be reviewed by the California Coastal Commission pursuant
to the provisions of Public Resources Code Section 30600.5.
NOTE; Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
§ 1 3329.4. Report to the Governing Body of the Local
Government and to the Coastal Commission.
(a) The designated local official shall report, in writing, to the commis-
sion and to the governing body of the local government, at its first sched-
uled meeting after the emergency permit has been issued, the nature of
the emergency and the work involved. Copies of this report shall be avail-
able at the meeting and shall be mailed to all persons who have requested
such notification in writing.
(b) The report of the designated local official shall be informational
only; the decision to issue an emergency permit is solely at the discretion
of the designated local official subject to the provisions of this article.
NOTE: Authority cited: Sections 30333 and 30624, Public Resources Code. Refer-
ence: Sections 30600.5 and 30624, Public Resources Code.
Article 3. Appeals to State Commission
Prior to Certification of a Local Coastal
Program
§13330. Scope.
The procedures of this subchapter shall apply to appeals to the Califor-
nia Coastal Commission where the coastal development permit authority
has been delegated to a local government prior to certification of its local
coastal program pursuant to Public Resources Code Sections 30520,
30600.5 and 30624. The procedures shall not apply to coastal develop-
ments specified in PRC Sections 30519(b) and 30601 or with respect to
any development proposed by any state agency where, pursuant to PRC
Section 30600.5(b), direct application must be made to the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30520, 30600.5 and 30624, Public Resources Code.
§ 1 3331 . Notice of Final Local Action.
Within five (5) working days of the approval or denial of a coastal de-
velopment permit, or within five (5) working days of its failure to act
within any specified time limits contained in PRC Sections 30621 and
Government Code Secfions 65950-65957.1, a local government shall
notify the commission and any person requesting such notification in
writing of the final local action.
NOTE: Authority cited; Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5 and 30620.5, Public Resources Code.
§ 13332. Commission Procedures upon Receipt of Notice
of Final Local Action.
Within five (5) working days of receipt of notice of final local action,
the executive director of the commission shall post a description of the
coastal development permit action by the local government in a conspic-
uous location in the commission's district office having jurisdiction of
the development. At the same time, the executive director shall mail no-
tice of the local action to members of the commission. The twenty (20)
working day appeal period shall be established from the date of receipt
of a notice of final local government action that contains sufficient infor-
mation upon which to base an informed appeal including project descrip-
tion, conditions of approval, written findings and the procedures for ap-
peal. If the executive director determines that the notice is insufficient,
he shall notify the local government within five (5) working days and a
sufficient notice shall be resubmitted in order to begin the twenty (20)
working day appeal period.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30602 and 30620.5, Public Resources Code.
§ 13333. Filing an Appeal.
(a) Any final action by the local government may be appealed by any
person, the executive director of the commission or any two (2) members
of the commission. The appeal must contain the information contained
in Section 13111(a).
(b) The appeal must be received in the appropriate district office on or
before the twentieth (20th) working day after receipt of the nonce of the
final local government action.
(c) The appellant shall nofify the applicant, any persons known to be
interested in the application, and the local government of the filing of the
appeal. Notification shall be by delivering a copy of the completed No-
tice of Appeal to the domicile(s), office(s), or mailing address(es) of said
parties. In any event, such notification shall be by such means as may rea-
sonably advise said parties of the pendency of the appeal. Unwarranted
failure to perform such nofification may be grounds for dismissal of the
appeal by the commission.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5 and 30602, Public Resources Code.
§ 1 3334. Effect of Appeal.
The effect of the receipt of an appeal to the commission shall be as spe-
cified in Section 13112.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600.5, PubUc Resources Code.
§ 1 3335. Grounds of Appeal.
The grounds of any appeal filed pursuant to this subchapter shall be
that the proposed development is not in conformity with the certified land
use plan portion of the local coastal program.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600.5, Public Resources Code.
§13336. De Novo Review.
Where the appellant has exhausted local appeals a de novo review of
the project by the commission shall occur only after the local decision has
become final.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600.5, Public Resources Code.
§ 13337. Substantial Issue Determination.
(a) At the next practicable meeting following the filing of an appeal
with the commission or as soon thereafter as practical, the executive di-
rector shall make a recommendation to the commission as to whether the
local government acfion raises a substanfial issue within the meaning of
PRC Secdon 30600.5(b).
(b) Unless the commission finds that the appeal raises no substantial
issue as to conformity with the certified land use plan, it shall consider
the application de novo in accordance with the procedures set forth in
Secfions 13057-13096; except that the commission findings and final
staff recommendation shall include a statement of facts and legal conclu-
sions as to whether the proposed development conforms to the local gov-
ernment's certified land use plan.
(c) The commission may ask quesfions of the applicant, the appellant,
any person who participated in the local government acfion, the Attorney
General or the executive director prior to determining whether or not to
hear an appeal. A majority vote of the members of the commission pres-
ent shall be required to determine not to hear an appeal.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30600.5, Public Resources Code.
§ 13338. Withdrawal of Appeal.
Appeals may be withdrawn as provided for in Section 13116.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5, 30602 and 30620.5, Public Resources Code.
§ 13339. Remand to Local Government.
At any fime prior to the final vote of the commission on an appeal, the
commission, after consulfing the applicant, may order the applicafion re-
turned to the appropriate local government for further proceedings.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5, 30602 and 30620.5, Public Resources Code.
§ 13340. Qualifications to Testify Before Commission.
Only the applicant, appellant, persons who participated in the applica-
fion before the local government (or their representatives), and the local
Page 623
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§ 13341
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
government, shall be qualified to testify at the commission hearing at any
stage of the appeal process. All other persons may submit comments in
writing to the commission or executive director, copies or summaries of
which shall be provided to all commissioners pursuant to Sections
13060-13061.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5, 30602 and 30620.5, Public Resources Code.
§13341. Evidence.
Evidence before the Commission shall be as provided for in Section
13118.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5, 30602 and 30620.5, Public Resources Code.
§13342. Standard of Review.
The standard of review shall be whether the proposed development is
in conformity with the certified land use plan portion of the local coastal
program and PRC Section 30604(c).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5 and 30604, Public Resources Code.
§ 13343. Commission Notification of Final Action.
Within five (5) working days of a final commission action on an appeal
from a local government decision, the commission shall transmit notice
of the action taken to the local government, the applicant, the appellant
and parties who testified or orally before or in writing to the commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30600.5 and 30604, Public Resources Code.
Subchapter 2. Public Works Plans
Article 1.
Scope and Applicability of
Subchapter
§ 13350. Scope of Subchapter.
This subchapter shall govern Commission review of plans for public
works plans pursuant to Public Resources Code Sections 30515 and
30605 to 30607.1.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30515 and 30605, Public Resources Code.
History
1. New subchapter 2 (Articles 1-5, Sections 13350-13361) filed 6-5-79 as an
emergency; effective upon filing (Register 79, No. 23).
2. Certificate of Compliance filed 10-3-79 (Register 79, No. 40).
3. Editorial correction of History Note No. 2 (Register 80, No. 1).
4. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 1 3351 . Applicability of Subchapter.
This subchapter shall apply to plans for public works activity as de-
fined in Public Resources Code Section 301 14.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
Article 2. Application Requirements
§ 1 3352. Waiver of Preliminary Approvals.
The executive director may waive the requirements of Section 13052
for preliminary approval by federal, state or local government agencies
for plans submitted pursuant to this subchapter; provided however that
any plan submitted pursuant to this subchapter shall contain the informa-
tion required pursuant to Section 13353.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13353. Information Requirements.
Any plan submitted pursuant to this subchapter shall contain sufficient
information regarding the kind, size, intensity and location of develop-
ment activity intended to be undertaken pursuant to the plan to determine
consistency with the policies of Chapter 3 of the Coastal Act of 1976, in-
cluding, but not hmited to the following where apphcable:
( 1 ) the specific type of activity or activities proposed to be undertaken;
(2) the maximum and minimum intensity of activity or activities pro-
posed to be undertaken (e.g., maximum number of recreational vehicle
campsites, maximum treatment capacity for a sewage treatment plant,
maximum traffic capacity of a road);
(3) maximum size of facilities proposed to be constructed pursuant to
the plan (e.g., size of a treatment outfall, number of lanes of a road) and
the proposed timetable for precise definition of all projects included in
the plan and any phasing of development activity contemplated;
(4) the service area for the proposed activity or activities;
(5) the proposed method of financing the activity or activities includ-
ing any direct or indirect means of obtaining or guaranteeing funds
through the assessment or any other form of levy against lands located
within the coastal zone and an estimate of the projected amount of reve-
nues to be obtained from land or water areas located in the coastal zone
over the useful life of the proposed development;
(6) the proposed location or alternative locations considered for any
development activity or activities to be undertaken pursuant to the pro-
posed plans. The executive director of the Commission may require the
submission of any additional information the executive director deems
necessary pursuant to the requirements of Public Resources Code Sec-
tion 30605.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate
of Compliance included (Register 79, No. 40).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13353.5. Public Hearing Prior to Filing of Public Works
Plan.
Prior to the filing of a public works plan,the submitting agency or local
government shall hold a public hearing at the local level on the proposed
public works plan. The public hearing shall be held within a reasonable
time prior to submission of the plan (as determined by the executive di-
rector) such that the public is afforded an adequate and timely comment
period on the proposed plan. In determining the reasonableness of the
time of the prior public hearing(s) the executive director shall consider
the scope or size of the project, the progress of the originating agency to-
ward obtaining all funding and governmental approvals, and the devel-
opment of projects under the proposed plan. A steady progression of the
originating agency toward development of the plan in this manner, after
holding public hearings on the plan, shall constitute evidence of the rea-
sonableness of the time of the prior public hearing.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. New section filed 10-3-79 as an emergency; effective upon filing. Certificate
of Compliance included (Register 79, No. 40).
§13354. Filing of a Plan.
The executive director of the Commission shall deem an application
filed only at such time as the executive director determines that the infor-
mation required pursuant to Section 13353 has been received at the ap-
propriate Commission office and that all other requirements of law, and
of these regulations, for a valid plan applicafion have been met. Said re-
view shall be completed within a reasonable time but unless there are un-
usual circumstances, no later than five (5) working days after the date it
is received in the district office of the Commission during normal busi-
ness hours of the said office. Immediately upon making such determina-
tion, the executive director shall affix the date of filing to the application
file and so notify the applicant.
NOTE: Authority cited: Section 30333, Pubhc Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
Page 624
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Title 14
California Coastal Commission
§ 13359
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
2. Amendment filed 6-16-82; effective thiilieth day thereafter (Register 82,
No. 25).
§ 13355. Environmental information.
(a) The executive director shall provide, make available to the public,
or demonstrate that such information has been made available in accor-
dance with these regulations, detailed environmental information on the
plan sufficient to enable the Commission to determine the consistency of
the plan with the policies of the Coastal Act.
(b) Where the executive director determines that it is not feasible to
distribute environmental information due to the size or volume of the
documents, or because of the costs of such distribution, the executive di-
rector shall provide notice to interested persons of the location of the en-
vironmental documents which are available for review, and a list of those
documents.
(c) The environinental information shall be distributed or made avail-
able to the public prior to public hearing on the plan.
(d) The Commission shall provide the opportxinity for public comment
in response to the environmental information prior to the close of the pub-
lic hearing on the plan.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
Article 3. Plan Review, Procedures and
Findings
§ 13356. Procedures for Pian Review Prior to Certification
of Local Coastal Program(s) in the Affected
Area.
(a) Except as provided below, for that portion or aspect of a plan sub-
mitted pursuant to this subchapter that affects a geographic area for
which a local coastal program has not yet been certified by the Commis-
sion, all hearing requirements and procedures shall be the same as pro-
vided for the review of a long-range development plan as set forth in Sec-
tions 13518 to 13528.
(b) Approval of a public works plan by the Commission shall be ac-
companied by specific written findings that the proposed development
is in conformity with the provisions of the California Coastal Act of 1976
and that required mitigation will be implemented prior to or concurrent
with the development causing the impact including specific factual find-
ings supporting the following legal conclusions:
( 1 ) that the development is in conformity with Chapter 3 of the Califor-
nia Coastal Act of 1976 (commencing with Public Resources Code, Sec-
tion 30200);
(2) that there are no feasible alternatives, or feasible mitigation mea-
sures, as provided in the California Environmental Quality Act, available
which would substantially lessen any significant adverse impact that the
development as finally proposed may have on the environment.
(c) The executive director of the Commission shall set the plan filed
for public hearing no later than the 60th day following the date on which
the application was filed. All dates for public hearing shall be set with a
view toward allowing adequate public dissemination of the information
and toward allowing public participation and attendance at the hearing
while affording the applicants expeditious consideration of the plan.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
2. Amendment of subsection (b) filed 6-16-82; effective thirtieth day thereafter
(Register 82, No. 25).
§ 13357. Procedure for Plan Review Following Certification
of a Local Coastal Program(s) in the Affected
Area.
(a) Plan does not require amendment to local coastal program.
(1) If, after certification of local coastal program, a proposed public
works plan does not require an amendment to the local coastal program
pursuant to Public Resources Code Section 30515, the person authorized
to undertake the plan may submit the plan to the Commission for review
and certification. The purpose of the Commission review of the plan shall
be to define the scope of review of any subsequent project contained in
the plan.
(2) The Commission review shall be undertaken only after consulta-
tion with the affected local government who may recommend modifica-
tions necessary for the proposed plan to adequately carry out the certified
local coastal program.
(3) The notice and hearing requirements of Sections 13354-13356
shall also apply to any public works plan that affects directly a portion
of the coastal zone for which a local coastal program has been certified
by the Commission. In addition, at least ten (10) working days prior to
the first public hearing on a proposed plan directly affecting such an area,
the executive director of the Commission shall direct the Commission
staff to consult with the affected local government with respect to the im-
pact of the proposed plan on the coastal zone and on the certified local
coastal program; the results of such consultation shall be reported to the
Commission at the first public hearing on the proposed plan. At least five
(5) working days prior to transmitting a written recommendation on the
proposed plan to the Commission, the executive director shall request
that the affected local government(s) transmit to the Commission its rec-
ommendations.
(4) Approval of a public works plan by the Commission shall be ac-
companied by specific factual findings supporting the conclusion that the
public works plan, as approved, is in conformity with the certified local
coastal program in jurisdictions affected by the proposed public works
plan.
(5) Following Commission certification of a public works plan, any re-
view of a specific project contained in the plan shall be to determine the
conformity of the project with the certified public works plan, as pro-
vided in Sections 13358 and 13359.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30515 and 30605, Public Resources Code.
History
1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate
of Compliance included (Register 79, No. 40).
2. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
Article 4. Project Review
§ 13358. Coastal Development Permit Review Concurrent
with Public Works Plan Review.
(a) If a proposed project intended to be undertaken pursuant to a public
works plan is submitted to the Commission for a development permit
concurrent with the submittal of a public works plan, the Commission
shall review the project and the plan concurrendy, and shall, if the project
meets the requirements of the Coastal Act, approve the project as an inte-
gral component of the public works plan. The Commission shall require
conditions, where necessary, to bring the project into conformance with
the Coastal Act.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13359. Specific Project Review Following Certification of
Public Works Plan.
The following requirements shall govern projects submitted after a
public works plan is approved:
Page 625
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) If a proposed project intended to be undertaken pursuant to an ap-
proved public works plan is the subject of a coastal development permit
application prior to the certification of a local coastal program, the legal
entity responsible for the project shall submit the notice and information
regarding the proposed development pursuant to the requirements of
Public Resources Code Section 30606. Such notice shall be reviewed and
deemed filed by the Executive Director of the Commission only if it com-
plies with the provisions of Sections 1 3353 and J 3354, and only if the Ex-
ecutive Director determines that the information supplied is sufficient to
allow the Commission to determine whether the proposed project is con-
sistent with the certified public works plan.
(b) Tlie Commission shall, within thirty (30) working days of filing of
such notice, by a majority of the members present with a quorum present
determine whether the proposed development is consistent with the certi-
fied public works plan. If the Commission determines that the project is
not consistent with the approved plan and that conditions may be re-
quired in accordance with the provisions of Public Resources Code Sec-
tions 30605-30607. 1 , in order to bring the project into conformance with
the approved plan, the Commission shall vote on the proposed conditions
at the next scheduled public hearing (generally no later than twenty-one
(2J) days after the close of the hearing that determined inconsistency
with the approved public works plan.) The conditions imposed upon a
project in accordance with the provisions of Public Resources Code Sec-
tions 30605-30607.1 shall be approved by a majority of the members
present with a quorum present. If the Commission is unable to agree, by
a majority of its members present, upon conditions, the project shall be
deemed approved as proposed.
(c) The hearing procedures governing the Commission's determina-
tion of consistency and action on proposed conditions shall be the same
as those set forth in Section 13356.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
2. Amendment of subsection (b) filed 6-16-82; effecfive thirtieth day thereafter
(Register 82, No. 25).
Article 5. Project Review After Certification
of Local Coastal Program
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. Amendment filed 10-3-79 as an emergency; effective upon filing. Certificate
of Compliance included (Register 79, No. 40).
2. Repealer of Article 5 (Sections 13360 and 13361) filed 3-12-82; effective thiv-
neth day thereafter (Register 82, No. 1 1).
Article 6. Amendment of Public Works Plan
§ 13365. Application for Amendment to Public Works Plan.
An application for an amendment to a certified public works plan shall
be submitted to the executive director of the Commission and shall con-
tain information which meets the requirements for submittal of public
works plans in Sections 13353 and 13354.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
History
1. New Article 6 (Secfions 13365-13371) filed 10-3-79 as an emergency; effec-
tive upon filing. Certificate of Compliance included (Register 79, No. 40).
§ 13366. Public Hearings Prior to Submission of
Application for Amendment to Public Works
Plan.
Prior to the submission of an application for an amendment to a certi-
fied public works plan, the applicant shall demonstrate that a public hear-
ing at the local level has been held on the proposed amendment within
a reasonable time prior to submission of the amendment application to
the Commission. The reasonableness of the dme of the prior public hear-
ing shall be measured by the same standards as applied in Section
13353.5.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13367. Rejection of an Application for Amendment.
An application for an amendment to a public works plan shall be re-
jected if, in the opinion of the Executive Director of the Commission, the
proposed public works plan amendment would lessen or avoid the in-
tended effect, or any conditions, of a certified public works plan. The de-
termination by the Executive Director to reject an amendment applica-
fion shall be transmitted, in writing, to the applicant with an explanation
of the reasons for such rejection.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13368. Acceptance of Application for
Amendment — Minor Amendment.
Where an apphcation for an amendment to a pubhc works plan is ac-
cepted, the Execufive Director shall determine whether the proposed
amendment is minor in nature. If the Execufive Director determines that
the proposed amendment is minor in nature, nofice of such determina-
tion, including a summary of the procedures set forth in this Article shall
be mailed to the Commission and to all parfies the Executive Director
knows or has reason to know may be interested in the amendment. If no
written objection to the proposed amendment is received in the Commis-
sion office within fifteen (15) working days of published notice, the pro-
posed amendment shall be deemed minor in nature, and shall be ap-
proved. The Executive Director shall notify the Commission of the
approved minor amendment at the next regular meeting of the Commis-
sion.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
Uon 30605, Public Resources Code.
§ 13369. Acceptance of Application for
Amendment — Regular Amendment.
If the Executive Director determines that the proposed amendment is
not minor, or if objection is made to the Executive Director's determina-
fion, or if the proposed amendment affects conditions required in the cer-
tified plan for purposes of protecting a coastal resource or coastal access
consistent with the findings required in Section 13356, the amendment
application shall be processed in accordance with Sections 13370 to
13371 below.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13370. Notice of Proposed Public Works Plan
Amendment.
The Executive Director shall notify the Commission, the applicant,
any persons who participated in the Commission hearings for review of
the public works plan, and any other persons known or thought to be in-
terested in the proposed public works plan amendment of the acceptance
of the amendment apphcation. This notice shall be provided in the same
manner and shall contain the same type of information as required for
processing permit applications in Section 13057 and as required for the
processing of public works plans in Section 13355.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 1 3371 . Procedure for Review of Public Works Plan
Amendment.
The hearing requirements and procedures for review of a public works
plan amendment shall be the same as provided for the review of public
Page 626
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Title 14
California Coastal Commission
§ 13503
works plans as provided in Section 1 3356, provided however, that where
a public works plan amendment is submitted for a public works plan that
was approved prior to the certification of a local coastal program, the fol-
lowing procedures shall apply:
(1) At least 10 working days prior to the first public hearing on a pro-
posed plan amendment directly affecting a portion of the coastal zone for
which a local coastal program has been certified by the Commission, the
Executive Director of the Commission shall direct the Commission staff
to consult with the affected local government with respect to the impact
of the proposed plan amendment on the coastal zone and on the certified
local coastal program; the results of such consultation shall be reported
to the Commission at the first public hearing on the proposed amend-
ment.
(2) At least five (5) working days prior to transmitting a written recom-
mendation on the proposed plan amendment to the Commission, the Ex-
ecutive Director shall request that the affected local government(s) trans-
mit to the Commission its determination as to whether the proposed plan
amendment is in conformity with the certified local coastal program(s)
in the jurisdiction(s) affected by the proposed plan amendment.
(3) The affected local government may, within its discretion, transmit
its determination as to the conformity of the proposed plan amendment
with the local coastal program, in writing to the Commission prior to the
Commission's vote on the proposed plan amendment, and may include
any recommended modifications of the proposed plan amendment that
would conform it to the local coastal program; a local government may
also indicate any proposed amendments to its local coastal program that
would be necessary to accommodate the proposed public works plan
amendment.
(4) Approval of a public works plan amendment by the Commission
shall be accompanied by specific factual findings supporting the conclu-
sion that the public works plan amendment, as approved, is in conformity
with the certified local coastal program in jurisdictions affected by the
proposed public works plan amendment.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
Chapter 8. Implementation Plans
Subchapter 2. Local Coastal Programs
(LCPs) and State University or College Long
Range Development Plans (LRDPs)
Article 1. Scope and Definitions
§13500. Scope.
Pursuant to Public Resources Code Sections 30550, 30605 and 30606,
this subchapter shall govern the submission, review, certification and
amendment of local coastal programs (LCPs) and state university or col-
lege long range land use development plans (LRDPs) and the procedures
for review of developments in accordance with such plans and programs.
NOTE: Authority cited: Sections 30333, 30501 and 30605, Public Resources
Code. Reference: Sections 30605 and 30606, Public Resources Code.
History
1. Redesignation of Subchapter 2 (Sections 13600-13648. not consecutive) to
Subchapter 6 (Sections 13600-13648, not consecutive) filed 6-21-78; effec-
tive thirtieth day thereafter (Register 78, No. 25).
2. New Subchapter 2 (Sections 13500-13546, not consecutive) filed 6-21-78; ef-
fective thirtieth day thereafter (Register 78, No. 25).
3. Repealer of Subchapter 2 (Articles 1-15, Sections 13500-13546, not consecu-
tive) and new subchapter 2 (Articles 1-18, Sections 13500-13577, not consecu-
tive) filed 6^4-82; effective thirtieth day thereafter (Register 82, No. 23).
* The reorganization of Subchapter 2 is printed as a repealer and adoption for clar-
ity.
§13502. Definitions.
(a) "Governing Authority" means the Board of Regents of the Univer-
sity of California or the Board of Trustees of the California State Univer-
sity and Colleges or their designated representatives.
(b) "Long Range Development Plan'' hereinafter referred to as
"LRDP" means the relevant portions of the land use plans and policies
for the physical development of campuses and educational facilities of
the University of California or the California State University and Col-
leges, which are sufficiently detailed to indicate the kinds, location and
intensity of land uses, the applicable resource protection and develop-
ment policies and, where necessary, a listing of other implementing ac-
tions.
(c) "Educational Facility" means any real property owned or con-
trolled by the University of California or the Cahfornia State University
and Colleges, and used or contemplated for use for educational, residen-
tial recreational or research purposes related to the purposes of the Uni-
versity of California or the California State University and Colleges. This
shall not include properties owned by the state university or college sys-
tems held for investment purposes only.
(d) "Local Coastal Program" hereinafter referred to as "LCP" means
a local government's program as defined in Public Resources Code Sec-
tion 30108.6.
NOTE; Authority cited: Sections 30333, 30501 and 30605, Public Resources
Code. Reference: Sections 30500 and 30605, Public Resources Code.
Article 2. Issue identification
§ 1 3503. Methodology for Identifying Issues.
Pursuant to Public Resources Code Sections 30500(c) and 30501(a),
an identification of coastal conservation and development issues shall be
made as the first step in the preparation of an LCP or LRDP. For LCPs
and LRDPs, the purpose of the "issue identification" is to: (1) determine
the policies of the Coastal Act that apply in each jurisdiction; (2) deter-
mine the extent to which existing local plans are adequate to meet Coastal
Act requirements; and (3) delineate any potential conflicts between exist-
ing plans and development proposals and the policies of the Coastal Act.
(a) Local government or the governing authority, in consultation with
the Commission and with opportunity for full public participation, shall
review the policies of Chapter 3 of the Coastal Act to determine which
are applicable to the particular portion of the coastal zone under consider-
ation. A review shall be made to determine the extent of analysis needed
to address the applicable policies in the preparation of the LCP or LRDP.
In addition, pursuant to Section 13513, identification shall be made with
respect to uses, existing or anticipated, of more than local significance
which must be addressed in the LRDP or LCP. Existing or potential con-
flicts shall be identified between the policies of Chapter 3 of the Coastal
Act and (1) existing conditions in the coastal zone, (2) the kinds, location
and intensity of development proposed by existing policies or develop-
ment plans, and (3) major developments proposed by any port or harbor
district, special district, state or federal agency or public utility that are
made known to the local government. Where the local government or the
governing authority proposes to revise substantially its current plans or
regulations, this identification of conflicts should be based on a general
assessment of areas needing revision rather than a detailed analysis of the
current plans. Substantial existing or potential conflicts shall be set forth
as coastal planning issues for specific geographic areas that are to be ad-
dressed in the LCP or LRDP.
(b) The local government or governing authority may use an alterna-
tive methodology for issue identification if the Commission reviews the
alternative methodology and, after a public hearing, finds that it is ade-
quate to address the policies of Chapter 3 of the Coastal Act of 1976, will
insure the maximum degree of public participation and will insure con-
sultation and coordination with the local coastal programs of contiguous
local governments.
Page 627
(4-1-90)
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 30501 and 30605. Public Resources Code. Refer-
ence: Sections 30501 and 30605, Public Resources Code.
§ 13504. Commission Review of Issue Identification.
(a) Except as may be modified by an alternative methodology ap-
proved pursuant to Section 13503(b), each local government or govern-
ing authority shall submit an issue identification to the Commission for
review before Ibrmal submittal of the LCP or LRDP for review and certi-
fication.
(b) Any local government requesting funding assistance shall submit
its issue identification as part of its work program proposal, and the Com-
mission shall review it, together with the work program, as provided in
Section 13505.
(c) The governing authority (and any local government that does not
request funding assistance) shall transmit copies of its issue identifica-
tion, including a statement regarding the manner in which the local gov-
ernment or governing authority intends to address coastal planning issues
organized into an outline of major tasks to be performed, to interested
persons and agencies and the Commission before beginning any substan-
tial work on its LCP or LRDP but in no event less than seventy-five (75)
days prior to the submission of its LCP or LRDP to the city council, board
of supervisors, or Board of Regents or the Board of Trustees for prepara-
tion of the resolution for submittal pursuant to Public Resources Code
Section 30510(a). The Commission shall hold at least one public hearing
on the issue identification. The Commission public hearing shall take
place within sixty(60) days of the receipt of the issue identification. The
Commission, after public hearing, shall transmit its Commission com-
ments to the local government or governing authority, interested persons
and public agencies.
(d) A local government or governing authority that intends to submit
existing plans as all or a portion of the LCP or LRDP shall submit the is-
sue identification together with such existing plans and a discussion of
the manner in which such plans meet the requirements of the Coastal Act
of 1976; this may be combined with a submittal for preliminary review
pursuant to Section 13517.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30501 and 30605, Public Resources Code.
§ 13505. LCP Work Programs for State or Federal Funding.
In addition to any requirements of the appropriate state and federal
agencies, any grant of state or federal funding available to the Commis-
sion for disbursement to local governments for the preparation of local
coastal programs shall be based on either an initial application or a work
program approved by the Commission.
(a) An initial application may be made for purposes of obtaining fund-
ing for the preparation of a work program. The initial application shall
describe the tasks and costs to be incurred by the local government for
the development of the total work program for the preparation of the local
coastal program. Such an initial application may be approved by the
Commission, after public hearing, authorizing a grant to cover the mini-
mum costs of developing the total work program.
(b) A total work program must be submitted by any local government
seeking state or federal funding from the Commission for the preparation
of the local coastal program.
The total work program shall include:
(1) an identification of coastal planning issues, pursuant to Section
13503;
(2) an outline of the methodology proposed to address the planning is-
sues, pursuant to Section 13511;
(3) a description of the major tasks required to bring local plans, zon-
ing, and, if required, other implementing actions into conformity with the
Coastal Act policies and to assemble sufficient information for a thor-
ough and complete review of such plans;
(4) the methods proposed for involving the public and affected agen-
cies and districts in the LCP preparation;
(5) a time hne indicating approximate dates of completion for major
work items, and the schedule proposed for submitting local coastal pro-
gram documents to the Commission; and
(6) an estimated budget for the local coastal program work items. If the
total work program is phased over several years, the Commission may
approve it in phases. The total work program may propose completion
of the land use plan stage only, with a subsequent work program for zon-
ing tasks.
(c) A proposed total work program and any annual increment thereof
shall be submitted by the local government to the Commission. The
Commission shall hold a public hearing, combined with any such hearing
on the issue identification pursuant to Section 13504, and shall transmit
any recommendation to the local government. Unless there are unusual
circumstances, the Commission hearing and action on the work program
shall take place within 75 days of the work program submittal by the local
government.
The Commission may, prior to Commission hearings and action on the
total work program, authorize a portion of the work program on an emer-
gency basis if it finds that:
(1) such interim authorization is necessary to maintain on-going LCP
staff or to expedite work on the LCP;
(2) the tasks identified are essential, non-controversial aspects of the
total work program; and
(3) the amount of money authorized is the minimum needed during the
interim period (not to exceed three (3) months) and is commensurate with
the relative importance and complexity of the issues being addressed.
(d) The Commission shall approve the work program and authorize the
grant for disbursement of state or federal funds to the local government
where it finds, after public hearing, that: (1) the scope of tasks outlined
appears to address adequately the policies of Chapter 3 of the Coastal
Act, including uses of more than local importance and potential cumula-
tive impacts or conflicts with other jurisdictions; (2) the costs of under-
taking such tasks are reasonably related to the amount of work needed to
resolve coastal planning issues; (3) tasks to be contracted for under such
grants are not already required under other statutes or more appropriately
undertaken by other agencies; and (4) the work program includes mea-
sures for involving the public and other agencies adequate to comply
with the Coastal Act and with the requirements of the funding authority.
If any issues not included in the work program are later determined to re-
quire further analysis as part of the local coastal program preparation, the
work program shall be renegotiated to include the additional items and
any additional funding assistance that may be required.
(e) Where a local government has requested the Commission to pre-
pare a local coastal program pursuant to Public Resources Code Section
30500(a), the Commission staff, after consultation with the local govern-
ment, shall prepare a work program and submit it for review and approval
in accordance with the provisions of this Article.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30340, 30340.5 and 30340.6, Public Resources Code.
Article 3o (Reserved)
Article 4. Methodology
§ 13506. Preparation of Local Coastal Program for
Separate Geographic Units.
Pursuant to the requirements of Public Resources Code Section
3051 1(c), a local government wishing to submit its local coastal program
in separate geographic units consisting of less than the local govern-
ment's jurisdiction lying within the coastal zone shall first file a request
with the Commission that it be permitted to do so. Such a request may be
made concurrent with the issue identification pursuant to Section
13504(c), the work program pursuant to Section 13505, or the prelimi-
nary review pursuant to Section 13517. The request shall contain infor-
mation of sufficient detail to enable the executive director to adequately
Page 628
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Title 14
California Coastal Commission
§ 13511
analyze the request and make a recommendation. As soon as practicable
after such a request, the executive director shall recommend in writing
whether the request is consistent with the findings required by Public Re-
sources Code Section 3051 1(c). If the Commission determines by a ma-
jority vote of members present, with a quorum being present, that the re-
quest is consistent with Public Resources Code Section 30511(c), the
executive director shall notify the local government and shall make any
necessary change in the overall local coastal program review schedule.
NOTE: Authority cited; Section 30501, Public Resources Code. Reference: Sec-
tion 3051 1, Public Resources Code.
HrSTORY
1 . New section filed 7-23-82: effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 82, No. 30).
§ 13507. Commission Preparation of a Local Coastal
Program.
Any local government requesting that the Commission prepare a local
coastal program or a portion thereof shall do so by appropriate resolution
of the city council or board of supervisors. Upon completion of the pro-
posed local coastal program documents in accordance with the public
participation requirements of Section 1 35 15, the executive director shall
submit the proposal to the local government for review pursuant to Public
Resources Code Sections 30503, 30504, 30510(a), 30512, 30513, and
30519.5(b).
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30500, Public Resources Code.
History
1 . New section filed 7-23-82; effective upon filing pursuant to Government Code
Section 11 346.2(d) (Register 82, No. 30).
§ 13510. Separate or Combined Long Range Development
Plan.
A governing authority may prepare and submit for Commission re-
view a long range development plan for any educational faciUty within
the coastal zone. The governing authority may prepare a separate LRDP
for each educational facility. However, if the Commission finds that a
combined LRDP for several educational facilities would unduly hinder
public participation in the preparation or review of such combined
LRDP, it shall direct the governing authority to prepare and submit a sep-
arate LRDP for each educational facility.
NOTE: Authority and reference cited: Section 30605, Public Resources Code.
§ 1 351 1 . Common Methodology.
Where an LCP or LRDP is to be submitted pursuant to this subchapter,
the local government or governing authority shall include the following
in the scope of the LCP or LRDP pursuant to Public Resources Code Sec-
tion 30501(a):
(a) The policies of Chapter 3 of the California Coastal Act of 1976 con-
cerning specific coastal resources, hazard areas, coastal access concerns,
and use priorities, including consideration of public access and recom-
mended uses of more than local importance and relating to the area gov-
erned by the LCP or LRDP, shall be applied to determine the kind, loca-
tion and intensity of land and water uses that would be in conformity with
the policies of the Act. This determination shall include an analysis of the
potential significant adverse cumulative impacts on coastal resources
and access of existing and potentially allowable development proposed
in the LCP or LRDP.
(b) With regard to LRDPs, the level and pattern of development se-
lected by the governing authority shall be reflected in a long range land
use development plan. The LRDP shall include measures necessary to
achieve conformity with the policies of Chapter 3 of the California Coast-
al Act of 1976. Any plan submitted pursuant to this subchapter shall con-
tain sufficient information regarding the kind, size, intensity and location
of development activity intended to be undertaken pursuant to the plan
to determine conformity with the policies of Chapter 3 of the Coastal Act.
Such information shall include, but is not limited to the following: (1 ) the
specific type of development activity or activities proposed to be under-
taken; (2) the maximum and minimum intensity of such activity or activi-
ties (e.g., number of residents, capacity and service area of public works
facility, etc.); (3) the proposed and alternative locations considered by
any development activities to be undertaken pursuant to the LRDP; (4)
a capital improvement program or other scheduling or implementing de-
vices that govern the implementation of the LRDP; and (5) other infor-
mation deemed necessary by the executive director of the Commission.
(c) With regard to LCPs. the level and pattern of development selected
by the local government shall be reflected in a land use plan, zoning ordi-
nances and zoning district maps. The local coastal program shall include
measures necessary to achieve conformity with the policies of Chapter
3 of the California Coastal Act of 1976; such measures shall be based on
the authority inherent in the reasonable exercise of police power, and spe-
cifically to the authority provided in the California Coastal Act of 1976
to control or prevent uses harinful to the coastal resources of the state.
(1 ) The land use plan component of a local coastal program shall incor-
porate a statement of applicable development and resource protection po-
hcies in the substantive text or geographic provisions of the general plan,
including as may be appropriate in each jurisdiction the mandatory or op-
tional elements of a general plan as provided in Government Code Sec-
tions 65301-65303 and 65560-65567, that are capable of carrying out
the policies of Chapter 3 of the California Coastal Act of 1976.
(2) The zoning ordinances and zoning district map shall conform with
and be adequate to carry out the policies, objectives, principles, standards
and plan proposals set forth in the land use plan. The scope of measures
contained in the zoning ordinance and/or district maps shall extend to the
authority granted by the planning laws of California, including Govern-
ment Code Sections 65850-65862 and 65910-65912. Where applicable
and necessary to carry out the policies and provisions of an approved land
use plan, these measures may include: exclusive use zones, overlay
zones, conditionally permitted uses based on certain findings, sign and/or
design controls, landscaping and grading regulations, hazard or geologic
review requirements, open space and lot coverage standards, minimum
lot sizes (including minimum acreages for agricultural and timberland
conversion), density and timing of development standards based on pub-
lic service capacities and recreational use needs, and any other similar or-
dinances within the scope of zoning measures.
(d) Where the application of the policies of Chapter 3 of the Coastal
Act of 1976 requires limits or conditions as to the amount, timing, or loca-
tion of public works facilities which are owned or operated by the local
government or governing authority, an analysis shall be made to deter-
mine:
(1) existing and proposed capacities of such relevant public works sys-
tems;
(2) key decision points for stages of facility expansion; and
(3) what portion of public works facilities capacity is allocated to new
development within the area and what portion is reserved for the priority
uses as required by Public Resources Code Section 30254. A similar
analysis and allocation shall be made of public recreational facilities to
comply with Public Resources Code Section 30252(6).
(e) If the level and pattern of development recommended for the LCP
or LRDP require the phasing of public service or recreational facilities
which are owned or operated by the local government or governing au-
thority in order to be consistent with the requirements of the California
Coastal Act of 1976, the proposed measures for implementing public ser-
vice and recreational facihties shall be specifically identified.
(f) A procedure shall be developed to insure adequate notice to inter-
ested persons and agencies of impending developments proposed after
certification of the LCP or LRDP. For LRDPs, the procedures shall at a
minimum conform to Section 13549.
(g) With regard to LRDPs, the governing authority may propose in the
LRDP those categories of development for which no coastal develop-
ment permit is required pursuant to Public Resources Code Section
30610, and those categories of development within specifically defined
geographic areas for which there is no potential for adverse effects, either
individually or cumulatively, on coastal resources or on public access to
Page 629
(4-1-90)
§ 13512
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
or along the coast. After certification of the LRDP, categories of develop-
ment defined pursuant to this subsection will not be subject to the proce-
dures specified in Sections 13549 and 13550 requiring notice of the im-
pending development and allowing Commission review of such
proposed development projects.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Section 30501, Public Resources Code; and Section 65944, Government
Code.
§13512. Public Access Component.
The public access component of the LCP or LRDP may be set forth in
a separate plan element or it may be comprised of various plan compo-
nents that are joined together in a text accompanying the submission of
the LCP or LRDP. The public access component shall set forth in detail
the kinds and intensity of uses, the reservation of public service capaci-
ties for recreation purposes where required pursuant to Public Resources
Code Section 30254, and, if applicable, specific geographic areas pro-
posed for direct physical access to coastal water areas as required by Pub-
lic Resources Code Sections 30210-30224 and 30604(c). The public"ac-
cess component shall include an implementation schedule.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30500, Public Resources Code.
§ 13513. Uses of More Than Local Importance.
(a) General categories of uses of more than local importance that shall
be considered in the preparation of LCPs and LRDPs include but are not
hmited to:
(1) state and federal parks and recreation areas and other recreational
facilities of regional or statewide significance;
(2) military and national defense installations;
(3) major energy facilities;
(4) state and federal highways and other transportation facilities (e.g.,
railroads and airports) or public works facilities (e.g., water supply or
sewer systems) serving larger-than-local needs;
(5) general cargo ports and commercial fishing facilities; and
(6) uses of larger-than-local importance, such as coastal agriculture,
fisheries, wildlife habitats, or uses that maximize public access to the
coast, such as accessways, visitor-serving developments, as generally
referenced in the findings, declarations, and policies of the California
Coastal Act of 1976.
(b) To the extent possible the Commission shall make recommenda-
tions as to specific uses of more than local importance as part of its review
of the issue identification. Provisions for local government consideration
of such uses shall be included in LCP work programs, pursuant to Section
13505. From time to time the Commission, or the executive director of
the Commission pursuant to Commission authorization, may make addi-
tional recommendations for specific uses to be considered for particular
geographic segments or educational facilities that were not anticipated
earlier. Where necessary, LCP work programs shall be re-negotiated to
include the additional items and any additional funding assistance that
may be required.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30501 and 30350, Public Resources Code.
§13514. Alternative Methodology.
Any local government or governing authority proposing to use an al-
ternative methodology shall submit its proposal to the Commission along
with a statement explaining how and why the alternative differs from the
above methodology. The alternative methodology shall be submitted to
the Commission for review not later than the time of the issue identifica-
tion review pursuant to Section 13504. Within a reasonable period of
closing the public hearing on the alternative methodology, the Commis-
sion shall determine whether the alternative methodology addresses the
policy requirements of Chapter 3 of the California Coastal Act of 1976
and should therefore be approved for use pursuant to Public Resources
Code Section 30501(a).
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Section 30501, Public Resources Code.
Article 5. Public Participation
§ 13515. Public Participation and Agency Coordination
Procedures.
Each local government and governing authority shall meet the require-
ments of Public Resources Code, Sections 30503 and 30504 by establish-
ing procedures providing maximum opportunities for the participation of
the public and all affected governmental agencies in the preparation of
the LCP or LRDP.
(a) At a minimum, all notices for public review sessions, availability
of review drafts, studies, or other relevant documents or actions pertain-
ing to the preparation of the LCP or LRDP shall be mailed to:
(1) any member of the public who has so requested;
(2) each local government contiguous with the area that is the subject
of the LCP or LRDP;
(3) local governments, special districts, or port or harbor districts that
could be directly affected by or whose development plans should be con-
sidered in the LRDP;
(4) all of the state and federal agencies listed in Appendix A of the Lo-
cal Coastal Program Manual;
(5) local hbraries and media; and
(6) other regional or federal agencies that may have an interest in or
be affected by the LCP.
Any reference in this subchapter to "interested parties" or "public
agency" shall include the aforementioned persons or groups.
(b) Proposed LCP and LRDP documents including review drafts shall
be made available at no cost to relevant state agencies and to other inter-
ested persons and agencies upon request;
For LCPs, the cost of duplicating and transmitting such materials shall
be reimbursed under the public participation provisions of the work pro-
gram. To the extent that request for materials exceed funding, materials
shall be made available at cost.
(c) Notice of the availability of review drafts of LCP or LRDP materi-
als and transmittal of said documents pursuant to paragraphs (a) and (b)
shall be made as soon as such drafts are available, but at a minimum at
least six (6) weeks prior to any final action on the documents by the local
government or governing authority. Review drafts shall also be made
readily available for public perusal in local libraries, in the administrative
offices of the local government or educational facility and at the Com-
mission offices.
(d) Notice of the local government's or governing authority's hearings
on LCP or LRDP documents shall be given general publication and shall
be transmitted to all interested persons and public agencies not less than
ten (10) working days before the hearing. The hearing required by Public
Resources Code Section 305 10(a) should be set for a time certain. Where
the local government or governing authority determines that it is legal,
practical, and would increase public participation, the hearing should be
held in the coastal zone or in a place easily accessible to residents of the
coastal zone.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Section 30503, Public Resources Code.
Article 6. Preliminary Review of LCPs and
LRDPs
§ 1 351 6. Staff Review During Preparation.
During the preparation of the LCP or LRDP, the local government or
governing authority shall to the extent possible coordinate with and be
assisted by Cominission staff in resolving issues as to conformity and
sufficiency in meeting the requirements of the California Coastal Act of
1976. The executive director of the Commission may from time to time
give non-binding informational opinions on such issues, based on staff
interpretations of the Coastal Act and decisions of the Commission pur-
suant to Public Resources Code Section 30625(c).
Page 630
(4-1-90)
Title 14
California Coastal Commission
§ 13520
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30001.5 and 36500, Public Resources Code.
§ 13517. Preliminary Review by the Commission.
(a) In addition to any Commission review of the issue identification,
the governing authority preparing the LCP or LRDP shall be entitled to
at least one preliminary review by the Commission prior to formal sub-
mittal. Where a local government has been authorized to prepare an LCP
in separate geographic units, pursuant to Section 13507, each geographic
portion is entitled to at least one such preliminary review. Additional re-
view may be granted if the Commission determines that the review is re-
quired to clarify a major issue preventing progress on the LCP or LRDP
for which prior decisions or interpretations of Coastal Act policies do not
offer sufficient guidance and that the review will not interfere with the
processing of other LCPs or LRDPs.
(b) If a local government or governing authority intends to submit ex-
isting plans or regulations as all or a portion of the LCP or LRDP. it may
submit such existing plans for this preliminary review together with a dis-
cussion of the manner in which existing plans or regulations meet the re-
quirements of Sections 13510-13514 and of Chapter 3 of the California
Coastal Act of 1976. This review may be combined with the issue identi-
fication review, as set forth in Section 13504(c).
(c) Any preliminary review of a proposed LCP or LRDP by the Com-
mission shall be scheduled at the convenience of the Commission, at
times that will not interfere with the processing of other matters but shall,
where practicable, be held within a reasonable distance of the affected
area. The review shall be subject to public hearing, noticed to interested
persons and agencies at least ten (10) days prior to the hearing and con-
ducted in the same manner as for the land use plan, pursuant to Section
13526. Individual members of the Commission may ask questions and
make statements but no vote shall be taken. However, in order to provide
general direction on coastal issues raised in the preliminary review, the
chairperson may, after consulting members of the Commission, summa-
rize the views of the Commission.
(d) Any such Commission advisory review is intended to assist the lo-
cal government or governing authority in preparing the LCP or LRDP but
shall be advisory only and shall not constitute a final decision by the
Commission as to the conformity of the LCP or LRDP with Coastal Act
policies.
(e) Where the Commission is to prepare a local coastal program pur-
suant to Public Resources Code Section 30500(a) or Section
30517.5(b)(2), the Commission staff, after consultation with the local
government, may submit the proposed local coastal program for prelimi-
nary review prior to formal submittal. The preliminary review shall be in
accordance with Section 13517.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30501, Public Resources Code.
Article 7. Submission of LCPs and LRDPs
§ 1 351 8. Resolution for Submittal.
(a) The LCP or LRDP shall be accepted for filing by the Commission
only if it is submitted pursuant to a resolution adopted by the local gov-
ernment or Board of Regents or the Board of Trustees in accordance with
the provisions of Public Resources Code Section 30510(a).
If an LCP is submitted in two phases or for separate geographic units,
a resolution shall be required for each phase or separate geographic unit.
(b) A local government or governing authority may submit its pro-
posed LCP or LRDP either:
(1) as a program that will take effect automatically upon coastal Com-
mission approval pursuant to Public Resources Code Sections 30512,
30513, and 305 19 for LCPs, or Public Resources Code Section 30605 for
LRDPs or
(2) as a program that will require formal local government or govern-
ing authority adoption after commission approval. Under either of the al-
ternative procedures, the requirements of Section 1 3544 must be fulfilled
following Commission approval of the LCP or LRDP.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code, Refer-
ence: Section 30510, Public Resources Code.
§ 1 351 9. Contents of Submittal.
Pursuant to Pubhc Resources Code 3051 0(b), the LCP or LRDP sub-
mittal shall include:
(a) A summary of the measures taken to consult and coordinate with
contiguous local governments and to provide other affected agencies and
districts and the public maximum opportunity to participate in the LCP
or LCP process, pursuant to Public Resources Code Section 30503; a list-
ing of members of the public, organizations, and agencies appearing at
any hearings or contacted for comment on the LCP or LRDP; and copies
or summaries of significant comments received and of the local govern-
ment's or governing authority's response to the comments. For LRDPs,
these materials may be set forth in a final EIR as provided in Section
13559.
(b) All policies, plans, standards, objectives, diagrams, drawings,
maps, photographs, and supplementary data in accordance with guide-
lines established by the Commission, that are in sufficient detail to allow
review for conformity with the requirements of the California Coastal
Act of 1976. Written documents should be readily reproducible. The land
use plan or LRDP shall include a readily identifiable public access com-
ponent as set forth in Section 13512. Land use maps shall be at a scale
sufficiently detailed to show cleariy the land use designations applicable
to specific areas of the coastal zone and shall to the extent possible be cor-
related with and at a comparable scale to resource information and other
mapped data.
(c) A methodology that meets the requirements of Section 13511 or an
alternative methodology approved by the Commission pursuant to Sec-
tion 13514, and (for LCPs) that demonstrates conformity with the re-
quirements of Chapter 6 of the California Coastal Act of 1976.
(d) Any environmental review documents prepared for all or any por-
tion of the LCP or LRDP pursuant to CEQA. As provided in Section
13559, environmental review documents may be integrated into the
LRDP materials.
(e) For LCPs, a general indication of the zoning measures that will be
used to carry out the land use plan (unless submitted at the same time as
the land use plan).
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30503 and 30510, Public Resources Code.
§ 13520. Review of Filing.
The LCP or LRDP together with all necessary attachments and exhib-
its shall be deemed "submitted" after having been received and found by
the executive director of the Commission to be in proper order and legally
adequate to comply with the requirements of Public Resources Code Sec-
tion 30510(b). Said review shall be completed within a reasonable time,
but unless there are unusual circumstances, no later than ten (10) working
days after the date it is received in the Commission office during normal
working hours. The executive director shall cause a date of receipt stamp
to be affixed to all LCP or LRDP submissions on the day they are so re-
ceived and assign a date of submittal on the day they are found to be prop-
erly submitted. If the executive director determines that the materials re-
ceived are not sufficient to satisfy the requirements of Public Resources
Code Section 30510(b), the executive director shall transmit to the gov-
erning authority specific written comments regarding the inadequacy of
the submission within the aforementioned 10 working days. Any dis-
agreement between the executive director and the local government or
governing authority as to information requirements may be resolved by
the Commission. If the LCP or LRDP is found to be properiy submitted,
the executive director shall immediately notify the local government or
governing authority and all persons known or thought to be interested in
it. Notice to interested persons may be part of regular meeting notices.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30510, Public Resources Code.
Page 631
(4-1-90)
§ 13522
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 9. General Review Procedures for
LCPs and LRDPs
§13522. Hearing Schedule.
A public hearing on the LCP or LRDP shall be held by the Commission
not later than sixty (60) days following the day on which the LCP or
LRDP was properly submitted. All dates for public hearing shall be set
with a view toward allowing thorough public dissemination of the infor-
mation contained in the LCP or LRDP prior to the time of the hearing,
and toward allowing full public participation and attendance at the meet-
ing. If a land use plan and implementing actions are combined in a total
LCP, then the deadline for commission action on the land use plan phase
shall apply to commission review of the total LCP.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30500 and 3051 1, Public Resources Code.
§ 1 3523. Summary of the LCP or LRDP.
(a) The executive director shall prepare a summary of the LCP or
LRDP including any relevant attachments and exhibits. The summary
shall be brief and shall fairly present the essential features of the plan with
a reasonable degree of specificity. The summary shall be adequately il-
lustrated with maps or drawings. The summary shall also be accompa-
nied by an analysis of:
(1) questions of fact;
(2) the applicable policies of the California Coastal Act of 1 976 as they
apply to the geographic area of the coastal zone included within or af-
fected by the LCP or LRDP;
(3) prior decisions by the Commission related to permit or planning
questions;
(4) important policy issues raised by the LCP or LRDP;
(5) public comments received on the LCP or LRDP;
(6) comments received from governmental agencies, including com-
ments submitted by the State Lands Commission pursuant to Public Re-
sources Code Section 30416(a);
(7) significant environmental points raised during LCP or LRDP prep-
aration; and
(8) other relevant matters.
The staff comments shall be clearly labeled to distinguish them from
the description of the proposed LCP or LRDP itself. The executive direc-
tor shall also include in the summary any description or analysis of the
LCP or LRDP that the submitting local government or governing author-
ity requests be included in the summary, provided, however, that such de-
scription or analysis shall be readily reproducible at a reasonable cost.
(b) Copies of LCP or LRDP related documents, not including reports
on the LCP or LRDP prepared by staff, shall be available to any interested
party at the cost of 1 cent per page and at no cost to local governments
and state agencies. There shall be no charge to any interested party, local
governments or state agencies for staff reports.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code; and
Section 11 125.1, Government Code. Reference: Sections 30512 and 30513, Pub-
lic Resources Code.
§13524. Written Notice.
The executive director shall, prior to the public hearing, provide writ-
ten notice of the public hearing which shall consist of the following:
(a) a brief description of the proposed LCP or LRDP;
(b) the date, time and place at which the LCP or LRDP will be heard
by the Commission;
(c) the general procedure of the Commission concerning hearings and
actions on the LCP or LRDP; and
(d) staff summary prepared in accordance with Section 13523.
In order to assure adequate notification, the notice shall be distributed
by mail to all members of the Commission, to the local government or
governing authority, to all affected cities and counties, and to all other
agencies, individuals and organizations who have so requested or who
are known by the executive director to have a particular interest in the
LCP or LRDP, within a reasonable time but in no event less than 1 0 calen-
dar days prior to the scheduled public hearing.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30512 and 30513, Public Resources Code; and Section 11125,
Government Code.
History
1. Amendment of subsection (d) filed 8-2-89; operative 9-1-89 (Reeister 89,
No. 32).
§ 13525. Distribution of Public Comments.
The executive director shall reproduce and distribute to all members
of the Commission and to the affected local government or governing au-
thority the text or summary of all relevant communications concerning
the LCP or LRDP that are received in the Commission office prior to the
Commission's public hearing and thereafter at any time prior to the vote.
When a sizable number of similar communications is received, the texts
need not be reproduced but the Commission shall be informed of the sub-
stance of the communications; such communications shall be made
available at the appropriate Commission office for inspection by any per-
sons during normal working hours.
Note; Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 21080.5, Public Resources Code.
§ 13526. Conduct of Initial Hearing.
At the time of the initial hearing on the LCP or LRDP, the executive
director of the Commission shall make a brief oral presentation to the
Commission. Immediately following the presentation of the executive
director, a representative or representatives of the local government or
governing authority may make a presentation of the major features of the
LCP or LRDP to the Commission. Upon the conclusion of the local gov-
ernment's or governing authority's presentation, interested members of
the pubUc and agencies may comment on the proposed LCP or LRDP.
The chairperson of the Commission may establish predetermined time
limits for all presentations and shall notify all interested parties of such
time Umits in advance of the hearing, provided that the local government
or governing authority shall be allotted at least the same amount of time
as the staff presentation.
Note; Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30512 and 30513, Public Resources Code.
Article 10. Review of Land Use Plans:
Determination of Substantial Issue
§ 13528. Staff Recommendation on Substantial Issue.
The LCP summary required pursuant to Section 1 3523 may be accom-
panied by the executive director's recommendation as to whether or not
specific provisions of the land use plan (or a portion thereof applicable
to identifiable geographic areas) raise a substantial issue as to conformity
with the policies of Chapter 3 of the California Coastal Act of 1976, pur-
suant to Public Resources Code, Section 30512(a)(1). The recommenda-
tion shall include specific written findings including a statement of fact
and legal conclusions and responses to significant environmental points
raised. A recommendation on substantial issue may be accompanied by
recommended action for certification pursuant to Sections 13530
through 13540.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 21080.5 and 30512, Public Resources Code.
§ 13529. Determination of Substantial Issues.
(a) Not more than 60 days after the land use plan was properly sub-
mitted to the Commission, following the close of a public hearing con-
ducted pursuant to the requirements of Section 13526, the Commission
shall make a determination on substantial issue as provided in Public Re-
sources Code Section 30512(a)(1).
(b) A majority of Commission members present shall be required to
find no substantial issue is raised by a Land Use Plan that has been sub-
mitted for Commission review pursuant to Public Resources Code Sec-
Page 632
(4-1-90)
Title 14
California Coastal Commission
§ 13536
tion 30512(a). The motion shall be on the question of whether the Land
Use Plan (or portions thereoO raises no substantial issue.
(c) If the Commission determines that the land use plan raises no sub-
stantial issue, it shall adopt findings for land use plan certification pur-
suant to Section 13540(a). A majority of the members prevailing on the
motion shall be required to adopt the findings. The executive director
shall transmit the findings to the local government within ten (10) days
of adoption.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30512, Public Resources Code.
Article 1 1 . Commission Action on Land
Use Plans and LRDPs
§ 13530. Additional Hearing on Land Use Plans.
Unless the Commission finds no substantial issue is raised by the land
use plan, it shall conduct a public hearing on he specific provisions of the
land use plan that it has determined raise a substantial issue as to confor-
mity with the policies of Chapter 3 of the California Coastal Act of 1976.
The hearing may be conducted at the same meeting at which substantial
issue is determined or at a later meeting. Notice and hearing procedures
shall be the same as those set forth in Article 9. Final action shall be with-
in ninety (90) days after submittal of land use plan, pursuant to Public Re-
sources Code Section 30512.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30512, Public Resources Code.
§13531. Staff Analysis.
(a) If the vote on the land use plan or LRDP is scheduled for a later
meeting than the hearing at which oral testimony is received, the execu-
tive director shall promptly perform whatever inquiries, investigations,
research conferences, and discussions are required to resolve issues pres-
ented by the land use plan or LRDP and to enable preparation of a staff
recommendation for the vote. If further information is taken or received
by the executive director, it shall be made available in the administrative
record of the submittal at the Commission's office and all affected parties
shall be given a reasonable opportunity to respond prior to the deadline
for the preparation and mailing of the staff recommendation.
(b) The executive director may request of the local government or gov-
erning authority any additional information necessary o perform the
tasks set forth in subsection (a), and may report to the Commission any
failure to comply with such request, including the relationship of the re-
quested information to the findings required by the California Coastal
Act of 1976.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30512, Public Resources Code; and Section 65944, Government Code.
§13532. staff Recommendation.
The executive director shall prepare a staff recommendation which
shall set forth specific findings, including a statement of facts and legal
conclusions as to whether or not the proposed land use plan or LRDP con-
forms to the requirements of the California Coastal Act of 1976 and of
these regulations. The proposed findings shall include any suggested
modifications necessary to bring the land use plan or LRDP into com-
pliance with the California Coastal Act of 1976, unless the local govern-
ment has requested that such modifications not be part of the Commis-
sion's action. The proposed findings shall also include any additional
documentation, governmental actions or other activity necessary to carry
out the requirements of the Coastal Act. In order to assure adequate noti-
fication the final staff recommendation shall be distributed to all commis-
sioners, to the governing authority, to all affected cities and counties, and
to all other agencies, individuals and organizations who have so re-
quested or who are known by the executive director to have a particular
interest in the LCP or LRDP, within a reasonable time but in no event less
than 7 calendar days prior to the scheduled pubhc hearing.
NOTE: Authority cited: Sections 3050J and 30605, Public Resources Code. Refer-
ence: Sections 30512 and 30605, Public Resources Code.
§ 13533. Comments on Staff Recommendation.
(a) Immediately following the executive director's presentation of the
staff recommendation, a representative or representatives of the local
government or the governing authority and members of the public and
agencies shall have an opportunity to state their views on the recommen-
dation. The chairperson of the Commission may establish predetermined
time limits for such presentations. The representative of the local govern-
ment or governing authority may have a period to respond to questions
raised by the Commission.
(b) The staff shall respond to significant environmental points raised
during evaluation of the LCP or LRDP. The response may be included
within the staff report and shall be distributed to the Commission and the
person making the comment. The response shall be available at the hear-
ing on the LCP or LRDP for all persons in attendance.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 21080.5, 30503, and 30512, Public Resources Code.
§ 13535. Withdrawal or Postponement of Action.
(a) The local government or governing authority may withdraw its
submission of the land use plan or LRDP at any time up to the commence-
ment of the calling of the roll for a vote on any portion of the land use plan
or LRDP. Upon such a request, the submission shall be considered with-
drawn and removed from Commission consideration. The local govern-
ment or governing authority may resubmit the land use plan or LRDP.
The Commission shall reschedule the resubmittal at a time when it can
be reviewed without adversely affecting previously scheduled LCPs or
LRDPs.
(b) The Commission may postpone action on the land use plan or
LRDP at any time prior to commencement of the calling of the roll for
a vote on any portion of the land use plan or LRDP if it finds that such
postponement will not unduly hinder the participation of the public in the
deliberations of the Commission and would not result in the action of the
Commission taking place after the 90-day time limit specified in Public
Resources Code Section 305 12 unless the local government or governing
authority waives in writing its right to action within that 90-day limit.
(c) The Commission may for good cause extend any time limits within
this subchapter for a period not to exceed one year after consultation with
the affected local government by a majority vote of the commissioners
present.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30512, 30605, and 30517, Public Resources Code.
§ 13536. Amendment Prior to Commission Action.
If the local government or governing authority amends its land use
plan or LRDP after submission and prior to the commencement of the
calling of the roll for a vote on the land use plan or LRDP as submitted,
the Commission shall determine whether or not such amendment is mate-
rial and includes changes that have not been the subject of public review
and comment before the Commission. If the Commission finds that such
amendments are minor or that they are material but have been the subject
of adequate public comment at the public hearing before the Commis-
sion, the Commission shall consider such amendment and take action on
the LCP or LRDP as amended rather than the land use plan or LRDP as
initially submitted. If the Commission finds that the amendment is mate-
rial and that the subject matter of the proposed amendment was not re-
viewed adequately at a prior public hearing, the vote on the land use plan
or LRDP shall be continued until after a public hearing on the amended
land use plan or LRDP; such hearing shall be scheduled no later than sixty
(60) days from the submittal of the amendment. If the next public hearing
would occur after the expiration of the ninety (90) day review period set
forth in Public Resources Code Section 30512, and the local government
or governing authority does not agree in writing to extend the review pe-
riod, the Commission shall proceed to vote on the land use plan or LRDP
as originally submitted.
Page 633
(4-1-90)
§ 13537
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30503 and 30512, Public Resources Code.
§ 13537. Commission Action on Land Use Plan or LRDP.
(a) The Commission shall take final action upon the land use plan or
LRDP within ninety (90) days after submittal unless the local govern-
ment or governing authority waives in writing the ninety (90) day time
limit. No vote shall be taken unless a staff recommendation is prepared
and distributed pursuant to Section 13532.
(b) Except as provided in Public Resources Code Section 305 1 2(a)(3),
a decision to certify a land use plan or LRDP shall require a majority vote
of the appointed membership of the Commission. Where no modifica-
tions are proposed, the final motion is on the affirmative question of
whether the land use plan or LRDP as submitted should be certified.
Where modifications are proposed, the final motions shall be on (1) the
affirmative question of whether the land use plan or LRDP, as submitted,
should be certified and (2) the affirmative question of whether the land
use plan or LRDP, as modified, should be certified. Modifications to the
land use plan or LRDP shall be proposed in the staff recommendation.
Any vote on the addition or deletion of modifications, including the spe-
cific terms or wording of a modification, may be carried by a majority of
the commissioners present. Any suggested modifications adopted by the
Commission shall be specific and susceptible to objective review and
verification by the executive director of the Commission, by the local
government or governing authority and by any interested person or pub-
lic agency. The Commission's certification with suggested modifica-
tions shall expire on January 1, 1983 or six months from the date of Com-
mission action, whichever is longer. If the local government, pursuant to
Public Resources Code Section 3051 2, requests the Commission not rec-
ommend modifications, the Commission may discuss alternatives in the
findings for denial of the land use plan or LRDP as submitted.
(c) If consistent with the staff recommendation and not otherwise spe-
cified at the time of the vote, the action taken shall be deemed to have
been taken on the basis of the reasons set forth in the staff recommenda-
tion and shall thus be deemed to adopt the findings, conclusions, and
modifications, if any, recommended by the staff.
(d) Any action of the Commission to certify or to refuse certification
of a land use plan or LRDP as submitted by local government or a govern-
ing authority shall be final on the day of the Commission vote, notwith-
standing a subsequent action of the Commission to adopt findings in sup-
port of its decision. An action of the Commission to certify a land use plan
or LRDP subject to suggested modifications shall be final on the day the
Commission concurs with the executive director's report of the accep-
tance of the suggested modifications pursuant to Section 13547(c) or the
executive director reports the acceptance of the suggested modifications
to the Commission pursuant to Section 13544.5(c).
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30512 and 30600.5, Public Resources Code.
§13538. Voting Procedure.
(a) Members may vote "yes" or "no" or may abstain from voting.
(b) Any member may change his or her vote prior to the tally having
been announced by the chairperson, but not thereafter.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
§ 13539. Voting by Members Absent from Hearing.
A member who was absent from any portion of the public hearing may
vote on the land use plan or LRDP provided he or she has reviewed the
substance of the testimony presented at the prior hearing where the land
use plan or LRDP was considered and pertinent materials relating to the
land use plan or LRDP submitted to the Commission and has so declared
prior to the vote. In the absence of a challenge raised by an interested
party, inadvertent failure to make such a declaration prior to the vote shall
not invalidate the vote of a member.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30315, Public Resources Code.
§ 13540. Findings for Certification.
Certification of the land use plan or LRDP by the Commission shall
be based on specific written findings adopted by majority vote of mem-
bers prevailing on the motion that the proposed land use plan or LRDP
is in conformity with the provisions of the California Coastal Act of 1976,
including specific factual findings supporting the following legal conclu-
sions:
(a) the land use plan or LRDP meets the requirements of, and is in con-
formity with Chapter 3 of the California Coastal Act of 1976;
(b) the land use plan or LRDP contains the specific public access com-
ponent as required by Public Resources Code Section 30500(a);
(c) the land use plan or LRDP is consistent with any applicable deci-
sions of the Commission that shall guide Commission or local govern-
ment actions pursuant to Pubhc Resources Code Section 30625(c); and
(d) for LRDPs, approval of the LRDP is consistent with the Commis-
sion's responsibilities under the Cahfornia Environmental Quality Act
and any regulations issued pursuant thereto.
(e) the land use plan is in conformance with the policies and require-
ments of Chapter 3 only to the extent necessary to achieve the basic state
goals specified in Public Resources Code Section 30001.5; and
(f) for land use plans, the land use plan meets the requirements of Sec-
tion 21080.5(d)(2)(i) of the Public Resources Code, which requires that
an activity will not be approved or adopted as proposed if there are feasi-
ble alternative or feasible mitigation measures available wliich would
substantially lessen any significant adverse impact which the activity
may have on the environment. Any final action taken by the Commission
either certifying or denying certification to a land use plan or LRDP must
include written responses to significant environmental points raised dur-
ing the evaluation of the land use plan.
Within ten (10) working days after Commission action on the land use
plan or LRDP, the executive director of the Commission shall transmit
a copy of the findings to the local government or governing authority.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30200 and 30512.2, Public Resources Code.
§ 13541 . Resubmittal of Land Use Plan If Certification Is
Refused.
(a) Resubmittal of a land use plan in response to the Commission's de-
nial of certification shall cause the Commission's prior certificafion with
suggested modifications to expire.
(b) If a local government elects to respond to the Commission's denial
of certification by revising its land use plan in a manner other than that
suggested by the Commission and resubmitting the revised land use plan
to the Commission, preparation, submittal and review of the resubmitted
land use plan shall take place in accordance with the provisions of Ar-
Ucles 7-12, except for the provisions related to time periods for hearings
and action. Review of the resubmitted land use plan shall take place when
the Commission determines that the land use plan can be reviewed with-
out adversely affecting the review of other land use plans previously
scheduled.
(c) Following a final decision on the land use plan, no local govern-
ment may resubmit substanfially the same land use plan for a period of
six months from the date of the prior final decision. Whether or not a land
use plan is "substantially the same" as that upon which a final decision
has been rendered shall be decided by the executive director within ten
(10) working days of receipt of the submittal. Elimination of suggested
modifications shall not be considered a substantial change. Until such a
determination is made a resubmittal shall not be deemed submitted with-
in the meaning of Public Resources Code Section 30512. The six month
waiting period provided in this section may be waived by the Commis-
sion for good cause.
Page 634
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Title 14
California Coastal Commission
§ 13544.5
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30512, 30513 and 30517. Public Resources Code.
Article 12. Commission Action on
Implementation Actions of LCPs
§ 13542. Commission Review and Action.
(a) Commission review of LCP implementing actions shall take place
in accordance with the provisions of Articles 9-1 1, except for Sections
13528, 13529, 13530, and 13537.
(b) The Commission shall take action by a majority vote of those pres-
ent within sixty (60) days of submittal of the zoning ordinances, zoning
district maps, and other implementing actions as provided in Public Re-
sources Code Section 30513. Where no modifications are proposed, the
motion is on the affirmative question of whether the ordinance(s),
map(s), or other actions do not conform with or are inadequate to carry
out the provisions of the certified land use plan. Where modifications are
proposed the final motions shall be on (1) the affirmative question of
whether zoning actions, as submitted, should be rejected and (2) the affir-
mative question of whether the zoning actions with modifications as pro-
posed in the staff recommendation should be certified. Any vote on the
addition or deletion of modifications including the specific terms or
wording of a modification may be carried by a majority of the commis-
sioners present. Any suggested modifications adopted by the Commis-
sion shall be specific and susceptible to objective review and verification
by the executive director of the Commission, by the local government
and by any interested person or public agency. The Commission's certifi-
cation with suggested modifications shall expire on January 1, 1983 or
six months from the date of the Commission's action, whichever is long-
er.
(c) The standard of review of the implementing acfions shall be the
land use plan as certified by the Commission. If the land use plan is condi-
tionally certified subject to local government acceptance of the suggested
modificafions, the standard of review shall be the conditionally certified
land use plan. However, if the local government elects to revise and re-
submit the land use plan in a manner different from that set forth in the
suggested modifications of the conditioned certificaUon, the Commis-
sion's approval of the implementing actions shall be void. Absent either
a certified or condiUonally certified land use plan, the Commission may
take no action on the implementing acfions. However, the Commission
may discuss the implemenfing actions and upon conclusion of the com-
ments by the Commission return the submittal to the local government.
(d) Any final action taken by the Commission either approving or re-
jecfing the LCP implementaUon acfions must include written responses
to significant environmental points raised during Commission review.
(e) Categorical exclusions (reviewed by the Commission upon or after
certificaUon of the LCP) shall be adopted by the Commission for those
categories of development which the Commission certifies as being al-
lowed by right in the local jurisdiction, which have specific development
standards (as specified in the LCP) which are handled ministerially by the
local government and which comply with Public Resources Code Sec-
tions 30610(e) and 30610.5.
(f) Any acfion of the Commission to certify or to refuse certificaUon
of any zoning ordinance, zoning district map or other implementing ac-
tion as submitted by the local government shall be final on the day of the
Commission vote, notwithstanding a subsequent acfion of the Commis-
sion to adopt findings in support of its decision. Any acfion of the Com-
mission to cerfify any zoning ordinance, zoning district map or other im-
plemenfing ordinance subject to suggested modificafions shall be final
on the day of the Commission concurs with the executive director's re-
port of the local government's acceptance of the suggested modificafions
pursuant to Secfion 13544.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30513, 30610 and 21080.5, Public Resources Code.
Article 13. Confirmation of LCP
Certification
§ 13544. Effective Date of Certification of a Local Coastal
Program.
After the cerfificafion or conditional certification of a local coastal
program, the execufive director of the Commission shall transmit copies
of the resolution of cerfification and any suggested modifications and
findings to the local government that submitted the local coastal pro-
gram, and to any interested person(s) or agencies. The cerfification of a
local coastal program resulfing in the transfer of coastal development re-
view authority pursuant to Public Resources Code Secfion 30519 shall
not be deemed final and effective unfil all of the following occur:
(a) The local government with jurisdiction over the area governed by
the certified local coastal program, by action of its governing body, ac-
knowledges receipt of the Commission's resolution of certificafion in-
cluding any terms or modificafions which may have been suggested for
final certificafion; accepts and agrees to any such terms and modifica-
fions and takes whatever formal action is required to satisfy the terms and
modificafions (e.g. implementafion of ordinances); and agrees to issue
coastal development permits for the total area included in the certified lo-
cal coastal program;
(b) The execufive director of the Commission determines in writing
that the local government' s acfion and the notificafion procedures for ap-
pealable development required pursuant to Arficle 17, Section 2 are le-
gally adequate to safisfy any specific requirements set forth in the Com-
mission's cerfification order;
(c) The executive director reports the determinafion to the Commis-
sion at its next regularly scheduled public meeting and the Commission
does not object to the execufive director's determinafion. If a majority of
the commissioners present object to the execufive director's determina-
fion and find that the local government action does not conform to the
provisions of the Commission's acfion to certify the LCP, the Commis-
sion shall review the local government's acfion and nofificafion proce-
dures pursuant to Articles 9-12 as if it were a resubmittal; and
(d) Nofice of the cerfification of a local coastal program shall be filed
with the Secretary of the Resources Agency for posfing and inspecfion
as provided in Public Resources Code Secfion 21080.5(d)(2)(v).
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30519 and 21080.5, Public Resources Code.
§ 13544.5. Effective Date of Certification of a Land Use
Plan.
After the certification or condifional certification of a land use plan,
the execufive director of the Commission shall transmit copies of the res-
olution of certificafion and any suggested modificafions and findings to
the local government that submitted the land use plan, and to any inter-
ested persons or agencies. The certification of a land use plan resulting
in the transfer of coastal development review authority pursuant to Public
Resources Code Secfion 30600.5 shall not be deemed final and effective
unfil all of the following occur:
(a) The local government with jurisdiction over the area governed by
the cerfified land use plan, by acfion of its governing body, acknowledges
receipt of the Commission's resolufion of cerfification including any
terms or modificafions which may have been required for final certifica-
fion; accepts and agrees to any such terms and modificafions and takes
whatever formal action is required to satisfy the terms and modifications
(e.g. adopfion of plan changes) and agrees to issue coastal development
permits for the total area included in the cerfified land use plan pursuant
to Public Resources Code Secfion 30600.5.
(b) The execufive director of the Commission determines in wrifing
that the local government's action is legally adequate to satisfy any spe-
cific requirements set forth in the Commission's cerfification order;
Page 635
(4-1-90)
§ 13545
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(c) The executive direclor of the Commission reports the determina-
tion to the Commission at its next regularly scheduled pubUc meeting. If
the executive director finds that the local government action does not
conform to the provisions of the Commission's action to certify the land
use plan, the Commission shall review the local government's action and
notification procedures pursuant to Articles 9-12 as if it were a resubmit-
tal; and
(d) Notice of the certification of a land use plan shall be filed with the
Secretary of the Resources Agency for posting and inspection as pro-
vided in Public Resources Code Section 21080.5(d)(2)(v).
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30600.5 and 21080.5, PubUc Resources Code.
§ 13545. Effect of Final Certification of LCP.
Certification of a local coastal program pursuant to Section 13544 re-
sults in the delegation to the local government of a coastal development
permit authority over those developments specified in Public Resources
Code Section 305 1 9 for the area of the coastal zone governed by the certi-
fied local coastal program. No development inconsistent with the certifi-
cation order may take place unless the order is amended. Appealable de-
velopments under Public Resources Code Section 30603, proposed for
the area governed by the certified local coastal program shall be subject
to the requirements of Article 17, of these regulations.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30600, Public Resources Code.
History
1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 13545.5. Effect of Final Certification of Land Use Plan.
Upon compliance by a local government with applicable requirements
set forth in Public Resources Code Section 30600.5(e) and (f), certifica-
tion of a land use plan pursuant to Section 13544.5 results in the delega-
tion to the local government of a coastal development permit authority
over those developments specified in Public Resources Code Section
30600.5 for the area of the coastal zone governed by the certified land use
plan. No development inconsistent with the certification order may take
place unless the order is amended.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30600.5, Public Resources Code.
History
1. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
§ 13546. Final Certification and Incomplete Permit Review.
At the time of delegation of coastal development permit authority
there may be permit applications that have received local government ap-
proval and have not been voted upon by the Commission. The permit
applicant may:
(a) return the application to the local government for review under the
certified local coastal program pursuant to Article 17, (Section 2), or
(b) proceed with Commission review for consistency with the certified
local coastal program. The Commission may determine that the applica-
tion as filed may require additional review by the local government and,
after consultation with and notice to the local government, remand the
application for action consistent with the certified local coastal program.
The permit applicant shall not be subject to additional fees or delays
as a result of this section except for those required for compliance with
the notice and hearing provisions of Article 17 of these regulations.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30600(a), Public Resources Code.
Article 14. Confirmation of Final and
Effective LRDP Certification and
Subsequent Review of Development
Projects
§ 1 3547. Effective Date of Certification.
After the certification of the LRDP, the executive director of the Com-
mission shall transmit copies of the resolution of certification and sug-
gested modifications to the governing authority, and to any interested
persons or agencies. The certification of the LRDP resulting in the abbre-
viated review procedure provided in Section 13550 pursuant to Public
Resources Code Section 30606, shall not be deemed final and effective
until all of the following occur:
(a) The governing authority acknowledges receipt of the Commis-
sion's resolution of certification including any terms or modifications
which may have been required for final certification; and the Board of
Regents or Board of Trustees accepts and agrees to any such terms and
modifications and takes whatever formal action is required to satisfy the
terms and modifications.
(b) The executive director of the Commission determines in writing
that the action of the governing authority, or the Board of Regents or
Board of Trustees where appropriate, and the notification procedures of
the LRDP for development projects required pursuant to Section
13511(e) are legally adequate to satisfy any specific requirements set
forth in the Commission's certification order; and
(c) The executive director reports the determination to the Commis-
sion at its next regularly scheduled public meeting and the Commission
does not object to the executive director's determination. If a majority of
the commissioners present object to the executive director's determina-
tion and finds that the governing authority's action does not conform to
the provisions of the Commission' s action to certify the LRDP, the Com-
mission shall review the governing authority's action and notification
procedures pursuant to Articles 9-12 as if it were a resubmittal.
NOTE: Authority cited: Section 30605, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13548. Effect of Final Certification of LRDP.
After certification of the LRDP for an educational facility has become
final, the governing authority may undertake or authorize any develop-
ment project for such educational facility within the coastal zone without
a coastal development permit obtained pursuant to Sections 13050 to
13173 if:
(1) the governing authority provides timely notice of the impending
development as provided in Section 13549, and
(2) the proposed development is found to be consistent with the certi-
fied LRDP pursuant to Section 13550.
If the Commission fails to act upon the notice of the impending devel-
opment within thirty (30) days after the notice is filed in the office of the
Commission, the development is deemed consistent with the certified
LRDP.
NOTE: Authority cited: Section 30605, Public Resources Code. Reference: Sec-
tion 30605, Public Resources Code.
§ 13549. Notice of the Impending Development.
(a) At least thirty (30) days prior to beginning construction for any de-
velopment, the governing authority shall notify in writing the following
parties of the nature and location of the impending development: the
Commission, contiguous local governments, owners of each parcel of re-
cord within 100 feet of the proposed development, persons residing with-
in 100 feet of the proposed development, and all other interested persons
Page 636
(4-1-90)
Title 14
California Coastal Commission
§ 13553
and agencies who have requested such notice. The governing authority
shall post conspicuous notice of such impending development at the pro-
posed site. Notice to the Commission, and interested persons and agen-
cies who have so requested shall be accompanied by sufficient support-
ing information to allow determination of whether such development is
consistent with the certified LRDP.
(b) Within ten (10) days of the receipt of a notice of the impending de-
velopment, the executive director shall review the notice. If there is insuf-
ficient supporting information to determine whether the proposed devel-
opment is consistent with the certified LRDP. the executive director shall
inform the governing authority of what further information is needed to
make such determination. The notice shall be deemed filed when all nec-
essary supporting information has been received by the executive direc-
tor.
(c) No construction shall commence until at least thirty (30) days after
the notice is filed in the office of the Commission.
(d) This section shall not apply to those development projects defined
pursuant to Section 13511(g).
NOTE: Authority cited: Section 30605, Public Resources Code. Reference: Sec-
tion 30606, Public Resources Code.
§ 13550. Commission Review of Development Projects.
(a) Categories of development defined in a certified LRDP pursuant
to Section 1351 1(g) shall not be reviewable by the Commission.
(b) Within thirty (30) days after the filing of the notice of the impend-
ing development, the executive director shall report in writing to the
Commission the pendency of the proposed development. The report shall
include a description sufficient to allow the Commission to understand
the location, nature, and extent of the proposed development, and a dis-
cussion and recommendation regarding the consistency of the proposed
development with the certified LRDP. Copies of the report shall be avail-
able at the meeting and, if possible within the time available, shall have
been mailed to the Commission, the governing authority and those per-
sons known by the executive director to be interested in receiving such
notification.
(c) Proposed developments which in the opinion of the executive di-
rector of the Commission are de minimus with respect to the purposes
and provisions of the certified LRDP may be scheduled for Commission
review at one public hearing during which all such items may be taken
up as a single matter. This procedure shall be known as the Consent Cal-
endar. The procedures governing such Consent Calendar shall be compa-
rable to the procedures set forth in Sections 13101-13103.
(d) Within thirty (30) days of the filing of the notice and after a public
hearing the Commission shall, by a majority of its membership present,
determine whether the proposed development is consistent with the certi-
fied LRDP and whether conditions are required in accordance with the
provisions of Public Resources Code Sections 30605-30607 and
30607.1. If the Commission determines that conditions are required to
render the proposed development consistent with the certified LRDP, the
Commission shall schedule a public hearing on the proposed conditions
no later than twenty-one (21) days after the close of the hearing that de-
termined consistency with the LRDP. No construction shall commence
until after the Commission votes to impose any condition necessary to
render the proposed development consistent with the certified LRDP.
The hearing procedures governing the Commission's determinations
pursuant to this subsection shall be in conformance with Section
13064^13096.
NOTE: Authority cited: Section 30605, Public Resources Code. Reference: Sec-
tion 30606, Public Resources Code.
Article 15. Amendments to Certified LCPs
and LRDPs
§ 13551. Local Government Resolution.
(a) An amendment to a certified LCP or LRDP shall be accepted for
filing by the Commission if the amendment is submitted pursuant to a
resolution adopted in accordance with the provisions of Public Resources
Code Section 3051 0(a) oris proposed pursuant to Public Resources Code
Section 30515.
(b) A local government or governing authority may submit a proposed
amendment either (1 ) as an amendment that will take effect automatical-
ly upon Commission approval pursuant to Public Resources Code Sec-
tions 30512, 30513, and 30519, or (2) as an amendment that will require
formal local government adoption after Commission approval.
Under either of the alternative procedures, the requirements of Sec-
tions 13544, 13544.5 or 13547 must be fulfilled following Commission
approval of the amendment. For purposes of this Article, certified LCP
or LRDP includes certified land use plan, LCP or LRDP or any portion
thereof.
NOTE: Authority cited: Sections 30501 and 30605, Public Resources Code. Refer-
ence: Sections 30514, 30605, and 30510, Public Resources Code.
§ 13552. Contents of LCP or LRDP Amendment Submittal.
The LCP or LRDP amendment submittal shall include:
(a) A summary of the measure taken to provide the public and affected
agencies and districts maximum opportunity to participate in the LCP or
LRDP amendment process, pursuant to Section 13515 and Public Re-
sources Code Section 30503; a listing of members of the public, organi-
zafions, and agencies appearing at any hearing or contacted for comment
on the LCP or LRDP amendment; and copies or summaries of significant
comments received and of the local government or governing authority's
response to the comments.
(b) All policies, plans, standards, objectives, diagrams, drawings,
maps, photographs, and supplementary data, related to the amendment
in siifficient detail to allow review for conformity with the requirements
of the Coastal Act. Written documents should be readily reproducible.
An amendment to a land use plan or LRDP shall include, where applica-
ble, a readily identifiable public access component as set forth in Section
13512.
(c) A discussion of the amendment's relationship to and effect on the
other sections of the certified LCP or LRDP.
(d) An analysis that meets the requirements of Section 1 35 1 1 or an ap-
proved alternative pursuant to Section 13514 and that demonstrates con-
formity with the requirements of Chapter 6 of the Coastal Act.
(e) Any environmental review documents, pursuant to CEQA, re-
quired for all or any portion of the amendment to the LCP or LRDP.
(f) An indication of the zoning measures that will be used to carry out
the amendment to the land use plan (unless submitted at the same time
as the amendment to the land use plan).
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tions 30510 and 30514, Public Resources Code.
§ 1 3553. Review of Filing.
An amendment to a certified LCP or LRDP together with all necessary
attachments and exhibits shall be deemed "submitted" after having been
received and found by the executive director of the Commission to be in
proper order and legally adequate to comply with Public Resources Code
Section 30510(b). Said review shall be completed within a reasonable
time, but unless there are unusual circumstances, no later than ten (10)
Page 637
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§ 13554
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
working days after the date it is received in the Commission offices dur-
ing normal working hours. The executive director shall cause a date of
receipt stamp to be affixed to all LCP or LRDP submissions on the day
they are so received and a stamp of the date of submittal on the day they
are found to be properly submitted. If the executive director determines
that the materials received are not sufficient to satisfy the requirements
of Public Resources Code Section 305 10(b), the executive director shall
transmit to the local government or governing authority specific written
comments regarding the inadequacy of the submission no later than the
aforementioned ten (10) working days. Any disagreement between the
executive director and the local government or governing authority as to
information requirements may be resolved by the Commission. If the
amendment to the LCP or LRDP is found to be properly submitted, the
executive director shall immediately notify the local government or gov-
erning authority that submitted the LCP or LRDP amendment.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30514. Public Resources Code; and Section 65943, Government Code.
§ 13554. Minor Amendment, Definition.
Pursuant to Public Resources Code Section 30514(c) and for purposes
of this Article, a minor amendment to an LCP or LRDP includes but is
not limited to, the following:
(a) changes in wording which make the use as designated in the zoning
ordinances, zoning district maps or other implementing actions more
specific and which do not change the kind, location, intensity, or density
of use and which are found by the executive director of the Commission
or the Commission to be consistent with the land use plan as certified by
the Commission.
(b) for annexed or detached areas, certification of zoning ordinances,
zoning district maps or other implementing actions where either:
(1) the certified land use plan and zoning designations of the city and
county jurisdictions fo the geographic area are equivalent; or
(2) the Commission has certified proposed pre-annexation zoning for
the annexing jurisdiction.
(c) change in the notification and hearing procedures that is consistent
with the requirements of the Coastal Act.
(d) for land use plans:
(1 ) revisions or deletion of housing policies certified pursuant to Pub-
lic Resources Code SecUon 30213 prior to January 1, 1982.
(2) correction, reorganization, revisions, or delefion of certified lan-
guage which when taken together does not change the kind, location, in-
tensity or density of use or modify the resource protection measures for
any area or property.
(3) addiUons or revisions to certified policies which impose further
conditions, restriction or limitations on any use which might adversely
affect the resources of the coastal zone, if those amendments do not con-
flict with any policy of Chapter 3 of the Coastal Act or with any other cer-
tified land use plan policy.
(e) changes in the kinds, location, intensity or density of uses covering
areas specifically certified by the Commission as acceptable altemaUve
land uses that become effecfive upon the occurrence of specific events
authorized in a certified LCP or LRDP, such as annexations or the avail-
ability of water or sewer services.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30514, Public Resources Code.
§ 13555. Designation of Amendment as IVIinor.
(a) The execudve director of the Commission or the Commission may
determine whether or not a proposed amendment is minor in nature. If the
executive director determines the proposed amendment is minor, notice
of such determination including a summary of procedures set forth in this
Article shall be mailed to all parfies the execufive director has reason to
know may be interested in the amendment to the LCP or LRDP. The ex-
ecutive director shall report in writing to the Commission at the next
meefing, his or her determinafion and objections to the determination, if
any, that have been received within ten (10) working days of the posdng
of nouce. The report shall include sufficient description of the proposed
amendment to allow the Commission to understand the proposal. If one-
third of the appointed members of the Commission requests, the determi-
nation of minor amendment shall not become effective and the amend-
ment shall be processed in accordance with Section 13555(b). Proposed
amendments that are designated as minor amendments by the executive
director with concurrence by the Commission or the Commission shall
take effect upon completion of the requirements of Section 13547.
(b) If the execufive director or the Commission determine that the pro-
posed amendment is not minor, the application shall be processed by the
Commission after notice to all parties the executive director has reason
to know may be interested in the matter. Amendments that are not desig-
nated minor in nature shall be subject to the provisions of this Article and
Articles 9-12.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30514, Public Resources Code.
Article 16. Environmental Impact
Review — Local Coastal Programs and Long
Range Development Plans
§ 13557. Review and Comments on Draft Environmental
Documents.
(a) Any local government or governing authority intending to submit
an LCP or LRDP for certification shall submit any draft environment
documents, including an Initial Environmental Study, Draft Environ-
mental Impact Report, or Draft Negative Declaration concerning the
LCP or LRDP to the office of the Commission as soon as practicable after
such are prepared.
(b) The executive director shall review such documents, determine
what comments should be made on behalf of the Commission, and for-
ward such documents to the local government or governing authority.
The Commission at its discretion, may hold a public hearing on any envi-
ronmental document submitted and direct the staff to make whatever
comments, or to obtain whatever additional information, the Commis-
sion deems appropriate.
With regard to LCPs, if the draft environmental impact report is sub-
mitted in conjunction with the preliminary review procedure set forth in
Section 13517, the draft environmental documents may be submitted to-
gether with the proposed local coastal program as a single document, and
the Commission may hold a hearing on the draft environmental docu-
ment(s) at the same time as the advisory review hearing.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 21160, Public Resources Code.
§ 13558. Effect of Comments and Preliminary Review by
the Commission.
Comments on environmental documents that are submitted by the
Commission or the executive director pursuant to the California Environ-
mental Quality Act are intended to aid the local government or governing
authority in preparing adequate environmental documents. They do not
indicate what action the Commission may take with regard to certifica-
tion; nor do they preclude the Commission from requiring supplemental
environmental information in the course of the review process.
NOTE: Authority cited: Section 30501, Public Resources Code. Reference: Sec-
tion 30500(c), Public Resources Code.
§ 13559. Submission of Final Environmental Documents
for LRDPs.
At the time the governing authority submits its LRDP pursuant to Sec-
tion 13518, it shall also submit either a final Environmental Impact Re-
port or a negative Declaration. For purposes of the section and to avoid
unnecessary duplication, the Environmental Impact Report and the
LRDP may be submitted as a single document if such single document
meets the substantive and procedural requirements of both the California
Coastal Act of 1976 and the California Environmental Quahty Act. Any
public hearing on the LRDP may be combined with required public hear-
Page 638
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Title 14
California Coastal Commission
§ 13569
ings for the review of environmental documents pursuant to the Califor-
nia Environmental Quality Act.
NOTE: Authority cited; Section 30501, Public Resources Code, Reference: Sec-
tion 21 100, Public Resources Code.
Article 17. Local Coastal Program
Implementation Regulations
§ 1 3560. Scope of Article.
The provisions of this Article shall constitute minimum standards of
notice and hearing requirements for local governments and for the Com-
mission in reviewing development projects after certification of a local
coastal program.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30600, Public Resources Code.
History
]. New Article 17 (Sections 13560-13574, not consecutive) filed 1-1 7-83; effec-
tive upon filing pursuant to Government Code Section 1 1346.2(d) (Register 83,
No. 4).
§ 13563. Existing Local Procedures.
Existing local government notice and hearing procedures which are in
substantial compliance with the provisions of these regulations may be
reviewed and certified by the Commission as part of the local coastal pro-
gram.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30620.6, PubUc Resources Code.
§ 13565. Notice of Appealable Developments.
Within ten (10) calendar days of accepting an application for an ap-
pealable coastal development permit (or local government equivalent) or
at least seven (7) calendar days prior to the first public hearing on the de-
velopment proposal, the local government shall provide notice by first
class mail of pending application for appealable development. This no-
tice shall be provided to each applicant, to all persons who have requested
to be on the mailing list for that development project or for coastal deci-
sions within the local jurisdiction, to all property owners and residents
within 100 feet of the perimeter of the parcel on which the development
is proposed and to the Commission. The notice shall contain the follow-
ing information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a description of the development and its proposed location;
(5) the date, time and place at which the application will be heard by
the local governing body or hearing officer;
(6) a brief description of the general procedure of local government
concerning the conduct of hearing and local actions;
(7) the system for local and Coastal Commission appeals, including
any local fees required.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30006 and 30600, Public Resources Code.
§ 13566. Public Hearing on Appealable Developments.
At least one public hearing shall be held on each application for an ap-
pealable development, thereby affording any persons the opportunity to
appear at the hearing and inform the local government of the nature of
their concerns regarding the project. Such hearing shall occur no earlier
than seven (7) calendar days following the mailing of the notice required
in Section 13565. The public hearing may be conducted in accordance
with existing local procedures or in any other manner reasonably calcu-
lated to give interested persons an opportunity to appear and present their
viewpoints, either orally or in writing.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30006 and 30600, Public Resources Code.
§ 13567. Notice of Local Government Action When Hearing
Continued.
If a decision on a development permit is continued by the local govern-
ment to a tiine which is neither (a) previously stated in the notice provided
pursuant to Section 1 3565, nor (b) announced at the hearing as being con-
tinued to a time certain, the local government shall provide notice of the
further hearings (or action on the proposed development) in the same
manner, and within the same time limits as established in Section 1 3565.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30006 and 30600, Public Resources Code.
§ 13568. Notice of Non-Appealable Developments.
(a) Notice of developments within the coastal zone that require a pub-
lic hearing under local ordinance, but which are not appealable pursuant
to Public Resources Code Section 30603 (and which are not categorically
excluded) shall be provided in accordance with existing local govern-
ment notice requirements which shall provide at a minimum:
Notice of developments shall be given at least ten (10) calendar days
before a hearing in the following manner:
(1) if the matter is heard by the Planning Coinmission (city or county)
notice shall be published in a newspaper of general circulation or (if there
is none) posted in at least three public places in the local jurisdiction;
(2) notice by first class mail to any person who has filed a written re-
quest therefore,
(3) notice by first class mail to property owners within 300 feet.
(4) notice by first class mail to residents within 100 feet of the pro-
posed project.
(5) notice by first class mail to the Commission.
(6) the notice shall contain a statement that the proposed development
is within the coastal zone.
The local government may, instead, elect to provide notice in accor-
dance with Section 13565.
(b) Notice of developments within the coastal zone which are not ap-
pealable pursuant to Public Resources Code Section 30603 and which do
not require a public hearing under local ordinance (and which are not
categorically excluded) shall be provided as follows:
Within ten (10) calendar days of accepting an application for a non-
appealable coastal development permit (or local government equivalent)
or at least seven (7) calendar days prior to the local decision on the appli-
cation, the local government shall provide notice, by first class mail, of
pending development approval. This notice shall be provided to all per-
sons who have requested to be on the mailing list for that development
project or for coastal decisions within the local jurisdiction, to all proper-
ty owners and residents within 100 feet of the perimeter of the parcel on
which the development is proposed, and to the Commission. The notice
shall contain the following information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a desciiption of development and its proposed location;
(5) the date the application will be acted upon by the local governing
body or decision-maker;
(6) the general procedure of the local government concerning the sub-
mission of public comments either in writing or orally prior to the local
decision;
(7) a statement that a public comment period of sufficient time to allow
for the submission of comments by mail will be held prior to the local de-
cision.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30006 and 30600, Public Resources Code.
§ 13569. Determination of Applicable Notice and Hearing
Procedures.
The determination of whether a development is categorically ex-
cluded, non-appealable or appealable for purposes of notice, hearing and
appeals procedures shall be made by the local government at the time the
application for development within the coastal zone is submitted. This
Page 639
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§ 13570
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
determination shall be made with reference to the certified Local Coastal
Program, including any maps, categorical exclusions, land use designa-
tions and zoning ordinances wlilch are adopted as part of the Local Coast-
al Program. Where an applicant, interested person, or a local government
has a question as to the appropriate designation for the development, the
following procedures shall establish whether a development is categori-
cally excluded, non-appealable or appealable:
(a) The local government shall make its determination as to what type
of development is being proposed (i.e. categorically excluded, appeal-
able, non-appealable) and shall inform the applicant of the notice and
hearing requirements for that particular development. The local determi-
nation may be made by any designated local government employee(s) or
any local body as provided in local government procedures.
(b) If the determination of the local government is challenged by the
applicant or an interested person, or if the local government wishes to
have a Commission determination as to the appropriate designation, the
local government shall notify the Commission by telephone of the dispu-
te/question and shall request an Executive Director's opinion;
(c) The executive director shall, within two (2) working days of the lo-
cal government request (or upon completion of a site inspection where
such inspection is warranted), transmit his or her determination as to
whether the development is categorically excluded, non-appealable or
appealable:
(d) Where, after the executive director's investigation, the executive
director's determination is not in accordance with the local government
determination, the Commission shall hold a hearing for purposes of de-
termining the appropriate designation for the area. The Commission shall
schedule the hearing on the determination for the next Commission meet-
ing (in the appropriate geographic region of the state) following the local
government request.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30600, Public Resources Code.
§ 13570. Finality of Local Government Action.
A local decision on an application for a development shall not be
deemed complete until (1) the local decision on the application has been
made and all required findings have been adopted, including specific fac-
tual findings supporting the legal conclusions that the proposed develop-
ment is or is not in conformity with the certified local coastal program
and, where applicable, with the public access and recreation policies of
Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have
been exhausted as defined in Section 13573.
Note-. Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30603, Public Resources Code.
§ 1357L Final Local Government Action — Notice.
(a) Notice After Final Local Decision. (This section shall not apply to
categorically excluded developments.) Within seven (7) calendar days of
a local government completing its review and meeting the requirements
of Section 13570, the local government shall notify by first class mail the
Commission and any persons who specifically requested notice of such
action by submitting a self-addressed, stamped envelope to the local
government (or, where required, who paid a reasonable fee to receive
such notice) of its action. Such notice shall include conditions of approv-
al and written findings and the procedures for appeal of the local decision
to the Coastal Commission.
(b) Failure to Act — Notice.
(1) Notificafion by Applicant: If a local government has failed to act
on an application within the time limits set forth in Government Code
Sections 65950-65957.1, thereby approving the development by opera-
tion of law, the person claiming a right to proceed pursuant to Govern-
ment Code Sections 65950-65957.1 shall notify, in writing, the local
government and the Commission of his or her claim that the development
has been approved by operation of law. Such notice shall specify the
application which is claimed to be approved.
(2) Notificafion by Local Government: When a local government de-
termines that the time limits established pursuant to Government Code
Sections 65950-65957.1 have expired, the local government shall, with-
in seven (7) calendar days of such determinafion, notify any person en-
fitled to receive notice pursuant to Secfion 13571(a) that the applicafion
has been approved by operation of law pursuant to Government Code
Secfions 65950-65957.1 and the apphcafion may be appealed to the
Commission pursuant to Secfion 1 3 1 1 0 et seq. (This secfion shall apply
equally to a local government determination that the project has been ap-
proved by operafion of law and to a judicial determinafion that the project
has been approved by operafion of law.)
NOTE: Authority cited: Sections 30333 and 30620. Public Resources Code. Refer-
ence: Sections 30620 and 30625, Public Resources Code.
§ 13572. Local Government Action — Effective Date.
A local government's final decision on an apphcation for an appeal-
able development shall become effective after the ten (10) working day
appeal period to the Commission has expired unless either of the follow-
ing occur:
(a) an appeal is filed in accordance with Secfion 13111;
(b) the notice of final local government action does not meet the re-
quirements of Section 13571;
When either of the circumstances in Secfion 13572(a) or (b) occur, the
Commission shall, within five (5) calendar days of receiving notice of
that circumstance, nofify the local government and the applicant that the
effective date of the local government acfion has been suspended.
NOTE: Authority cited: Section 30333 and 30620, Public Resources Code. Refer-
ence: Section 30603, Public Resources Code.
§ 13573. Exhaustion of Local Appeals.
(a) An appellant shall be deemed to have exhausted local appeals for
purposes of Secfion 13111 and shall be qualified as an aggrieved person
where the appellant has pursued his or her appeal to the local appellate
body (bodies) as required by the local government appeal procedures; ex-
cept that exhausfion of all local appeals shall not be required if any of the
following occur:
(1 ) The local government or Jurisdiction require an appellant to appeal
to more local appellate bodies than have been certified as appellate bo-
dies for permits in the coastal zone, in the implementafion secfion of the
Local Coastal Program.
(2) An appellant was denied the right of the inifial local appeal by a
local ordinance which restricts the class of persons who may appeal a lo-
cal decision.
(3) An appellant was denied the right of local appeal because local no-
fice and hearing procedures for the development did not comply with the
provisions of this Arficle.
(4) The local government jurisdicfion charges an appeal fee for the fil-
ing or processing of appeals.
(b) Where a project is appealed by any two (2) members of the Com-
mission, there shall be no requirement of exhausfion of local appeals.
Provided, however, that a local government may provide, by ordinance,
that nofice of commissioner appeals may be transmitted to the local ap-
pellate body (which considers appeals from the local body that rendered
the final decision), and the appeal to the Commission may be suspended
pending a decision on the merits by that local appellate body. If the deci-
sion of the local appellate body modifies or reverses the previous deci-
sion, the commissioners shall be required to file a new appeal from that
decision.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Sections 30603 and 30625, Public Resources Code.
§ 13574. Procedures for Open Space Easements and
Public Access Documents.
All coastal development permits subject to condifions of approval per-
taining to public access and open space or conservation easements shall
be subject to the following procedures:
(a) The execufive director of the Commission shall review and ap-
prove all legal documents specified in the conditions of approval of a
coastal development permit for public access and conservafion/open
space easements.
Page 640
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Title 14
California Coastal Commission
§ 13577
(1) Upon completion of permit review by the local government and
prior to the issuance of the permit, the local government shall forward a
copy of the permit conditions and findings of approval and copies of the
legal documents to the executive director of the Commission for review
and approval of the legal adequacy and consistency with the require-
ments of potential accepting agencies;
(2) The executive director of the Commission shall have fifteen (15)
working days from receipt of the documents in which to complete the re-
view and notify the applicant of recommended revisions if any;
(3) The local government may issue the permit upon expiration of the
fifteen (15) working day period if notification of inadequacy has not been
received by the local government within that time period;
(4) If the executive director has recommended revisions to the appli-
cant, the permit shall not be issued until the deficiencies have been re-
solved to the satisfaction of the executive director; or
(b) If a local government requests, the Commission shall delegate the
authority to process the recordation of the necessary legal documents to
the local government if the local government identifies the department
of the local government or public agency or private association that has
the resources and authorization to accept, open and operate and maintain
the accessways and open space/conservation areas required as a condi-
tion of approval of coastal development permits subject to the following:
Upon completion of the recordation of the documents the local govern-
ment shall forward a copy of the permit conditions and findings of ap-
proval and copies of the legal documents pertaining to the public access
and open space conditions to the executive director of the Commission.
NOTE: Authority cited: Sections 30333 and 30620, Public Resources Code. Refer-
ence: Section 30530, Public Resources Code.
Article 18. Map Requirement and Boundary
Determination Criteria
§ 13576. Map(s) of Areas of Commission Permit and
Appeal Jurisdiction.
(a) In conjunction with final Local Coastal Program certification or the
delegation of coastal development permit authority pursuant to Public
Resources Code Section 30600.5, whichever occurs first, the Commis-
sion shall, after public hearing, adopt a map or maps of the coastal zone
of the affected jurisdiction that portrays the areas where the Commission
retains permit authority pursuant to Public Resources Code Sections
30603 (a) ( 1 ) and (a)(2), or 30600.5 (d). These maps shall be drawn based
on the criteria for permit and appeal boundary determinations, set forth
in Section 13577 below, and will serve as the official maps of the Com-
mission's permit and appeal jurisdiction. The Commission, in consulta-
tion with the local government, shall update these maps from time to
time, where changes occur in the conditions on which the adopted maps
were based, or where it can be shown that the location of the mapped
boundary does not adequately reflect the intended boundary criteria. Re-
visions of the adopted maps shall be based on precise boundary determi-
nations made using the criteria set forth in Section 13577. The revised
maps shall be filed with the affected jurisdiction within 30 days of adop-
tion by the Commission. In addition, each adopted map depicting the per-
mit and appeal jurisdiction shall include the following statement:
"This map has been prepared to show where the California Coastal
Commission retains permit and appeal jurisdiction pursuant to Public
Resources Code Sections 30519(b), 30603(a)(1) and (a)(2) and
30600.5(d). In addition, development may also be appealable pursuant
to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5). If
questions arise concerning the precise location of the boundary of any
area defined in the above sections, the matter should be referred to the
local government and/or the Executive Director of the Commission for
clarification and information. This plat may be updated as appropriate
and may not include all lands where permit and appeal jurisdiction is re-
tained by the Commission"
(b) In the case of local governments which have received Commission
approval of their Phase III (implementafion) Work Program and Budget
prior to January 1 , 1 980, the permit and appeal area maps shall be adopted
by the Commission prior to the certification becoming effective pursuant
to Section 13547 of the Commission's regulations.
(c) Any request for a written determination for either (I ) interpretation
or revision of any boundary shown in any permit and appeal jurisdicfion
map approved pursuant to subsection (a), or (2) a determination of the
precise location of a particular parcel or area of land in relation to any
boundary shown on any such map, shall be accompanied by payment of
the fee set forth in Section 13055(b)(6).
NOTE: Authority cited: Sections 30333, 30501 and 30620.6, Public Resources
Code. Reference: Sections 30519 and 30603, Public Resources Code.
History
1. New subsection (c) and amendment of Note filed 3-14-2008; operative
3-14-2008 pursuant to Government Code section 1 1343.4 (Register 2008, No.
11).
§ 13577. Criteria for Permit and Appeal Jurisdiction
Boundary Determinations.
For purposes of Pubhc Resources Code Sections 30519, 30600.5,
30601, 30603, and all other applicable provisions of the Coastal Act of
1976, the precise boundaries of the jurisdictional areas described therein
shall be determined using the following criteria:
(a) Streams. Measure lOOfeet landward from the top of the bank of any
stream mapped by USGS on the 7.5 minute quadrangle series, or identi-
fied in a local coastal program. The bank of a stream shall be defined as
the watershed and relafively permanent elevation or acclivity at the outer
line of the stream channel which separates the bed from the adjacent
upland, whether valley or hill, and serves to confine the water within the
bed and to preserve the course of the stream. In areas where a stream has
no discemable bank, the boundary shall be measured from the line closest
to the stream where riparian vegetation is permanently established. For
purposes of this section, channelized streams not having significant habi-
tat value should not be considered.
(b) Wetlands.
(1) Measure 100 feet landward from the upland limit of the wetland.
Wetland shall be defined as land where the water table is at, near, or
above the land surface long enough to promote the formation of hydric
soils or to support the growth of hydrophytes, and shall also include those
types of wetlands where vegetation is lacking and soil is poorly devel-
oped or absent as a result of frequent and drastic fluctuations of surface
water levels, wave action, water flow, turbidity or high concentrafions of
salts or other substances in the substrate. Such wetlands can be recog-
nized by the presence of surface water or saturated substrate at some time
during each year and their location within, or adjacent to, vegetated wet-
lands or deep-water habitats. For purposes of this section, the upland lim-
it of a wetland shall be defined as:
(A) the boundary between land with predominantly hydrophytic cover
and land with predominantly mesophytic or xerophytic cover;
(B) the boundary between soil that is predominantly hydric and soil
that is predominantly nonhydric; or
(C) in the case of wetlands without vegetation or soils, the boundary
between land that is flooded or saturated at some time during years of nor-
mal precipitation, and land that is not.
(2) For the purposes of this section, the term "wetland" shall not in-
clude wetland habitat created by the presence of and associated with agri-
cultural ponds and reservoirs where:
(A) the pond or reservoir was in fact constructed by a farmer or rancher
for agricultural purposes; and
(B) there is no evidence (e.g., aerial photographs, historical survey,
etc.) showing that wetland habitat pre-dated the existence of the pond or
reservoir. Areas with drained hydric soils that are no longer capable of
supporting hydrophytes shall not be considered wetlands.
(c) Estuaries. Measure 300 feet landward from the mean high tide line
of the estuary. For purposes of this section, an estuary shall be defined
as a coastal water body, usually semi-enclosed by land, having open, par-
tially obstructed, or intermittent exchange with the open ocean, and in
which ocean water is at least occasionally diluted by freshwater from the
land. The salinity level my be periodically increased to above that of the
open ocean due to evaporation. The mean high tide line shall be defined
Page 641
Register 2008, No. 11; 3-14-2008
§ 13600
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
as the statistical mean of all the high tides over the cyclical period of 1 8.6
years, and shall be determined by reference to the records and elevations
of tidal benchmarks established by the National Ocean Survey. In areas
where observations covering a period of 1 8.6 years are not available, a
determination may be made based on observations covering a shorter pe-
riod, provided they are corrected to a mean value by comparison with ob-
servations made at some suitably located control tide station.
(d) Tidelands. Tidelands shall be defined as lands which are located
between the lines of mean high tide and mean low tide.
(e) Submerged Lands. Submerged lands shall be defined as lands
which lie below the line of mean low tide.
(f) Public Trust Lands. Public Taist lands shall be defined as all lands
subject to the Common Law Public Trust for commerce, navigation, fish-
eries, recreation, and other public purposes. Public Trust lands include
tidelands, submerged lands, the beds of navigable lakes and rivers, and
historic tidelands and submerged lands that are presently filled or re-
claimed, and which were subject to the Public Trust at any time.
(g) Beaches. Measure 300 feet landward from the inland extent of the
beach. The back beach, or dry beach, if it exists, shall be included. The
inland extent of the beach shall be determined as follows:
(1) from a distinct linear feature (e.g., a seawall, road, or bluff, etc.);
(2) from the inland edge of the further inland beach berm as deter-
mined from historical surveys, aerial photographs, and other records or
geological evidence; or
(3) where a beach berm does not exist, from the further point separat-
ing the dynamic portion of the beach from the inland area as distin-
guished by vegetation, debris or other geological or historical evidence.
(h) Coastal Bluffs. Measure 300 feet both landward and seaward from
the bluff line or edge. Coastal bluff shall mean:
(1) those bluffs, the toe of which is now or was historically (generally
within the last 200 years) subject to marine erosion; and
(2) those bluffs, the toe of which is not now or was not historically sub-
ject to marine erosion, but the toe of which lies within an area otherwise
identified in Public Resources Code Section 30603(a)(1) or (a)(2).
Bluff line or edge shall be defined as the upper termination of a bluff,
cliff, or seacliff . In cases where the top edge of the cliff is rounded away
from the face of the cUff as a result of erosional processes related to the
presence of the steep cliff face, the bluff line or edge shall be defined as
that point nearest the cliff beyond which the downward gradient of the
surface increases more or less continuously until it reaches the general
gradient of the cliff. In a case where there is a steplike feature at the top
of the cliff face, the landward edge of the topmost riser shall be taken to
be the cliff edge. The termini of the bluff line, or edge along the seaward
face of the bluff, shall be defined as a point reached by bisecting the angle
formed by a hne coinciding with the general trend of the bluff line along
the seaward face of the bluff, and a line coinciding with the general trend
of the bluff line along the inland facing portion of the bluff. Five hundred
feet shall be the minimum length of bluff line or edge to be used in mak-
ing these determinations.
(i) First Public Road Paralleling the Sea.
(1) The "first public road paralleling the sea" means that road nearest
to the sea, as defined in Public Resources Code Section 30115, which:
(A) is lawfully open to uninterrupted public use and is suitable for such
use;
(B) is publicly maintained;
(C) is an improved, all-weather road open to motor vehicle traffic in
at least one direction;
(D) is not subject to any restrictions on use by the public except when
closed due to an emergency or when closed temporarily for military pur-
poses; and
(E) does in fact connect with other public roads providing a continuous
access system, and generally parallels and follows the shoreline of the sea
so as to include all portions of the sea where the physical features such
as bays, lagoons, estuaries, and wetlands cause the waters of the sea to
extend landward of the generally continuous coastline.
When based on a road designated pursuant to this section, the precise
boundary of the permit and appeal jurisdiction shall be located along the
inland right-of-way of such road.
(2) Whenever no public road can be designated which conforms to all
provisions of (i)(l) above, and a pubhc road does exist, which conforms
to all provisions of (i)(l) except (i)(l)(v), the effect of designating the
first public road paralleling the sea shall be limited to the following:
(A) all parcels between the Pacific Ocean and such other public road;
and
(B) those parcels immediately adjacent of the sea inland of such other
public road.
(3) Where the Commission determines that the designation of the "first
public road paralleling the sea" results in the inclusion of areas within the
permit and appeal jurisdiction where the grounds for an appeal set forth
in Public Resources Code Section 30603(b) are not an issue, the Com-
mission may take action to limit the geographic area where developments
approved by a local government may be appealed to the Commission, to
that area where any such grounds are, in fact, an issue.
NOTE: Authority cited: Sections 30501 and 30620.6, Public Resources Code. Ref-
erence: Sections 30519 and 30603, Public Resources Code.
History
1 . Amendment of subsection (i)(2) filed 8-2-89; operative 9-1-89 (Register 89. No.
32).
SubchapteiT 6. Ports
Article 1. Scope and Jurisdiction
§ 13600. Ports Covered by This Subchapter.
The provisions of this subchapter are promulgated pursuant to Chapter
8 of the California Coastal Act of 1976. That Chapter and the organiza-
tional and procedural provisions of Chapters 1,2, 3, and 5 of these regula-
tions as applicable shall govern any development, the issuance of any
coastal development permit, and the certification of any port master plan
within the legal geographical boundaries of those portions of the Ports of
Hueneme, Long Beach, Los Angeles, and San Diego Unified Port Dis-
trict within the coastal zone except as provided herein.
NOTE: Authority cited: For Subchapter 6 (Sections 13600-13648, not consecu-
tive) Sections 30605, 30501 and 30333, Public Resources Code. Reference: Sec-
tions 30605 and 30606, Public Resources Code.
History
1. New Chapter 8 (Subchapter 2, Sections 13600-13648, not consecutive) filed
2-28-77 as an emergency; effective upon filing (Register 77, No. 10).
2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).
3. Redesignation of Subchapter 2 (Sections 13600-13648) to Subchapter 6 (Sec-
tions 13600-13648) filed 6-21-78; effective thirtieth day thereafter (Register
78, No. 25).
§13601. Port Boundary Maps.
(a) Port boundary maps adopted pursuant to Section 30710 may be
amended from time to time by the Commission only for the following
purposes: (1) to correct a clerical mistake or other similar error made in
preparing the original map, (2) to enlarge the areas identified as wetlands,
estuaries, or recreation areas but only at the request of the Port, or (3) to
modify the legal geographical boundary if such boundary is changed.
(b) Amendments to port boundary maps and supporting material shall
be transmitted to each port, the district office, other known interested per-
sons and shall be made available for inspection by the public at least
seven (7) working days prior to the public hearing conducted pursuant to
subsection (c) below. Where reproduction of such map amendments
would result in unnecessary delays, distribution of summary maps may
be substituted.
(c) Unless additional time is requested by the governing body of any
port to supplement the material prepare by the executive director, the
commission shall, after reviewing the material prepared by the executive
director, and after notice is provided in accordance with Section 13063
at public hearing adopt, certify and file with each port district the amend-
ments to such port boundary maps.
(d) The preparation and/or approval of any maps pursuant to Public
Resources Code, Section 30710 and this section is for planning purposes
only and not to establish rights of ownership.
Page 642
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Title 14
California Coastal Commission
§ 13627
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30710, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
11).
Article 2. Delineation of an Area as a
Wetland, Estuary, or Existing Recreation
Area
§ 13610. Effect of Delineation as a Wetland, Estuary, or
Existing Recreation Area.
(a) Until such time as the commission certifies a plan for an area identi-
fied as a wetland, estuary, or existing recreation area pursuant to Public
Resources Code, Section 30710, any development proposed to be under-
taken in such an area shall require a coastal development permit as pro-
vided in Chapter 7 of the California Coastal Act of 1 976 and these regula-
tions.
(b) A port governing body with jurisdiction over an area identified as
a wetland, estuary, or existing recreation area pursuant to Public Re-
sources Code, Section 30710 may choose to either (1) submit a plan for
such area to the commission in conjunction with the proposed port master
plan pursuant to Public Resources Code, Section 30711, and the proce-
dures for reviewing a port master plan set forth in Article 4 of this sub-
chapter; or (2) submit a plan for such area for inclusion in a local govern-
ment's local coastal program pursuant to Public Resources Code, Section
30519(b), and the procedures for reviewing a local coastal program set
forth in these regulations. Certification of a plan for a wetland, estuary,
or existing recreation area identified pursuant to Public Resources Code,
Section 30710 shall be governed by policies of Chapter 3 of the Califor-
nia Coastal Act. After final certification of a plan for such an area, any
proposed development in the area governed by the plan shall be subject
to the procedures governing review of development following certifica-
tion of a local coastal program as set forth in Public Resources Code, Sec-
tion 30603 and these regulations.
Article 3. Coastal Development Permits
Prior to Certification
§ 13620. Pre-Certiflcatlon Coastal Development Permits.
Prior to certification of a port master plan, any person wishing to un-
dertake a development within the geographical boundaries of a port gov-
erned by this subchapter shall obtain a coastal development permit from
the commission. Any such development shall be governed by the policies
of Chapter 8 of the California Coastal Act of 1 976, except in the case of
a delineated wetland, estuary, or existing recreation area on the adopted
Port Boundary Map or a development identified in Public Resources
Code, Section 30715(a)-(f) which shall be governed by the policies of
Chapter 3 of the California Coastal Act of 1 976.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30715, Public Resources Code.
History
1 . Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
11).
Article 4.
Preparation and Review of Port
Master Plans
§ 13625. Contents of a Master Plan.
In order for the commission to be able to certify a port master plan, the
plan shall include the following:
(a) Where a port governing body elects, pursuant to Section 13610(b),
to include an area identified as a wetland, estuary, or exisUng recreation
area in a port master plan, rather than submit the plan for such an area for
inclusion in a local coastal program, the plan for such an area shall indi-
cate how it conforms with the policies of Chapter 3 of the California
Coastal Act of 1976 and its adequacy to carry out said policies.
(b) Pursuant to Public Resources Code, Section 3071 1(a)(4), all pro-
posed developments listed as appealable under Public Resources Code,
Section 307 1 5 shall be described in sufficient detail to allow the commis-
sion to determine their consistency with the policies of Chapter 3 of the
California Coastal Act of 1976. Provided, however, that in the event a
proposed development has not reached the stage where it is in sufficient
detail to meet his requirement, the port governing body may submit a plan
that is comparable to a public works plan under Public Resources Code,
Section 30605 and that meets the requirements of Public Resources
Code, Section 30605 and these regulations; any project undertaken pur-
suant to a plan approved in this manner shall meet the requirements of
Public Resources Code, Sections 30605. 30606, 30607, and 30607.1.
(c) All other requirements set forth in Chapter 8 of the California
Coastal Act of 1976. Where a proposed development described in the
master plan has not reached a stage of project definition that would allow
the commission to determine consistency with the requirements of Chap-
ter 8 of the California Coastal Act of 1976, the port governing body may
request that the commission employ the public works plan procedure set
forth in subsection (b) above but subject to the policies of Chapter 8 of
the California Coastal Act of 1976 rather than the policies of Chapter 3.
(d) Copies of written comments on the master plan received from any
person any responses thereto and a detailed summary of oral testimony
given at any hearing on the master plan.
§ 1 3626. Notice of Completion.
After completion of a draft Master Plan or an amendment of a Master
Plan, the Port governing body shall issue a notice of completion which
contains information which, in the judgment of the executive director of
the commission, is of sufficient detail to allow the commission to deter-
mine the port governing body's compliance with the provisions of Public
Resources Code, Sections 30712 and 30713. The notice of completion
shall include a listing of the members of the public, organizations and
governmental agencies contacted for comment on the Port Master Plans
along with copies of their comments, if any. As used in these regulations,
notice of completion means that notice pursuant to Public Resources
Code, Sections 30712 and 30713.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30712, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§13627. Notice and Public Hearings.
After publication and submission of the notice of completion pursuant
to Public Resources Code, Sections 30712 and 30713, the port governing
body shall, after notice distributed in a manner comparable to that pro-
vided in Section 13059, hold a public hearing or hearings on a draft mas-
ter plan adopted pursuant to Public Resources Code, Section 30712 as
provided in Public Resources Code Section 30712. Upon the publication
or submission of the notice of completion the governing body of the port
shall make copies of such plans available upon request to other interested
persons. When such master plans cannot be readily duplicated, a detailed
summary shall be made available for public distribution and the port shall
make complete copies of such plans available for inspection in a reason-
able manner by the public. Upon the publication or submission of the no-
tice of completion, the port governing body shall submit copies of the
plans to the commission; if the port governing body so desires, such plans
may be combined with the draft environmental review documents as pro-
vided in Section 13640. Public hearings required pursuant to Public Re-
sources Code, Sections 30712 and 30713 may be combined with any
applicable hearings on draft Environmental Impact Reports held pur-
suant to the California Environmental Quality Act.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30712 and 30713, Public Resources Code.
Page 643
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§ 13628
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13628. Submission of Master Plan by Port.
(a) No master plan shall be deemed submitted to the commission for
the purposes of Public Resources Code, Section 30714 until the execu-
tive director certifies that it contains or is accompanied by the following:
(J) A notice of completion conforming to Section 13626.
(2) Certification of the conformance to the publication on notice and
hearing requirements of Section 13627.
(3) A resolution adopted by the port governing body adopting such
plan for the purpose of authorizing its submission to the commission.
(4) Comments and testimony received during the public hearings and
response thereto. Where applicable, such comments and responses may
be coinbined with those in subsection (6) below.
(5) Such supporting factual data as necessary for the commission to
review the adequacy of the plan to carry out the policies of the California
Coastal Act of 1976.
(6) A draft Environmental Impact Report that contains the responses
to public comments made during the period for public comment as pro-
vided in the California Environmental Quality Act.
(b) The executive director of the commission shall determine whether
the material submitted or resubmitted conforms to the requirements of
subsection (a) within ten (10) working days of receiving such material.
Upon the determination by the executive director that such material is
sufficient, the master plan shall be deemed submitted to the commission
for the purposes of Public Resources Code, Section 30714. If the execu-
tive director determines that such material is not sufficient, the executive
director shall inform the port governing body of the determination and
the reasons for the determination.
§ 13629. Informal Commission Review.
A port governing body shall be entitled to one preliminary plan review
prior to formal submittal. The procedures for conducting the informal re-
view shall be the same as those set forth in Section 1321 8, governing the
informal review of urban exclusion requests. Such review should be con-
solidated with any commission review of an Impact Report as provided
in Section 13645(c).
History
1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77,
No. 24).
§13630. Public Hearings.
At least one public hearing shall be held by the commission after pro-
viding notice as provided in Section 13063 on any port master plan sub-
mitted pursuant to Public Resources Code, Section 30714 prior to taking
final action. No pubUc hearing shall be held prior to the 21 st day after sub-
mission of the plan. Where practicable, public hearings on a port master
plan should be held near the port involved.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30714, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§13631. Staff Reports.
Prior to the pubhc hearing provided in Section 13630, the executive
director shall provide a summary of the port master plan and the issues
presented by such plan to the commission and parties that the executive
director has reason to know are interested in the plan. Such report may
also contain an initial recommendation as to whether the master plan
should be certified in whole or in part or rejected in whole or in part in
its form as submitted.
§ 13632. Certification of Port Master Plan.
(a) After the close of the public hearing, the executive director shall
make a written recommendation to the commission as soon as practicable
as to whether the port master plan should be certified in whole or in part
or rejected in whole or in part. Such recommendation shall be provided
to parties that the executive director has reason to know are interested in
the matter prior to the vote by the commission in the same manner as pro-
vided in Section J 3059.
(b) The recommendation of the executive director shall be written and
shall contain proposed findings of fact and conclusions of law to support
the recommendation.
(c) The commission shall, by a majority of the members of the Com-
mission present, take action on the port master plan within ninety days
of submission pursuant to Public Resources Code, Section 30714.
(d) The commission shall approve a port master plan only if the com-
mission finds that sufficient information has been submitted to allow the
commission to determine the adequacy and conformity of the proposed
plan(s) with the applicable policies of the California Coastal Act of 1 976,
pursuant to the requirements of Public Resources Code, Section 30711
and of Section 1 3625 of these regulations, and that the master plan fulfills
the requirements of Public Resources Code, Section 30714(a) and (b).
Further, the commission shall make any findings required pursuant to the
California Environmental Quality Act. Where a port master plan includes
a wetland, estuary or existing recreation area pursuant to Section
13610(b)(1), the commission shall base its findings on adequacy and
conformity with the policies of Chapter 3 of the California Coastal Act
of 1976.
(e) The certification of a port master plan shall not become effective
until the port governing body takes formal action adopting such plan as
certified by the commission and the commission has received notice of
such action, including the final EIR adopted for such action and the com-
mission has accepted the formal action as consistent with its certification.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30714, Public Resources Code.
History
1. Amendment of subsections (a) and (c) filed 3-12-82; effective thirtieth day
thereafter (Register 82, No. 11).
§ 13633. Withdrawal of Master Plan or Postponement of
Action on Master Plan.
(a) At any time before the Commission commences calling the roll for
a vote on a port master plan, the port governing body may withdraw the
plan from consideration. Withdrawal must be in writing or stated on the
record and does not require Commission concurrence. Resubmission of
the port master plan pursuant to Public Resources Code Section 30714
shall not take place for 45 days following the request to withdraw.
(b) In addition to the procedures set forth in Section 13633(a), the port
governing body may request the Commission to postpone consideration
of the plan. Where the port governing body determines that it is not pre-
pared to respond to the staff recommendation at the meeting for which
the vote is scheduled, the port governing body shall have one right, pur-
suant to this section, to postpone the vote to a subsequent meeting. Such
a"~request shall be in writing or stated on the record and shall expressly
include a waiver of any applicable time limits for Commission action on
the plan.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30714, Public Resources Code.
History
1. Amendment filed 6-16-82; effecfive thirtieth day thereafter (Register 82,
No. 25).
§ 13634. Amendment of Port Master Plan Prior to
Commission Action.
If the governing body of a port amends its master plan after submission
of its plan pursuant to Public Resources Code Section 30714 and prior
to the commencement of the calling of the roll for a vote on any portion
of the master plan, the executive director shall determine if such amend-
ment is material and includes changes that have not been the subject of
public review and comment before the Commissi on. If the executive direc-
tor finds that both of these factors exist, the amendment shall not be consid-
ered by the Commission unless a new public hearing is scheduled with
a view toward allowing full public participation and attendance at the
Page 644
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§ 13645
hearing on the amendment as required by Section 30712. The port govern-
ing body shall waive the 90-day time period of Public Resources Code
Section 30714in writing or on the record to permit adequate time for Com-
mission consideration of the amendment and public comments on the
amendment. If the executive director finds the amendment is not material
or has been the subject of adequate public comment at the public hearing,
the Commission, unless it disagrees with the findings of the executive di-
rector, shall consider and take action on the amendment rather than the
master plan as initially submitted.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30716, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
2. Amendment filed 6-16-82; effective thirtieth day thereafter (Register 82,
No. 25).
§13635. Effect of Rejection.
If the commission rejects the submitted master plan in whole or in part,
it shall make findings on all portions of the plan deemed insufficient.
Those portions that are rejected shall not be resubmitted to the commis-
sion pursuant to Public Resources Code, Section 30714 for 90 days fol-
lowing such rejection unless the executive director finds that there is a
substantial change in the portion of the master plan that was rejected.
§ 13636. Amendments to Master Plan After Certification.
An amendment to the port master plan by the governing body of the
port shall not become effective until the commission has certified it in the
manner provided in Public Resources Code, Section 30714 for certifica-
tion of master plans, or after the 10 working day following the date that
the executive director has certified such amendment as being minor in na-
ture as provided in Section 13637 of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30716, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§13637. Minor Amendments.
(a) The governing body of a port may request the executive director
of the commission to designate an amendment to the port master plan as
being minor in nature pursuant to Public Resources Code, Section
30716(b). Any such amendment shall be submitted to the executive di-
rector and shall be accompanied by the same information supporting
such amendment as would be required for any other amendment. Notice
of such amendment shall be given to all persons who the executive direc-
tor has reason to know may be interested. No sooner than 15 working
days from the date that such notice was transmitted, the executive direc-
tor shall make a determination as to whether to designate such amend-
ment as minor in nature. Any such determination shall be in writing with
findings supporting the determination and the conformance of the
amendment with the provisions of this division. The determination shall
be transmitted to those receiving notice. No amendment shall be desig-
nated minor in nature if it involves significant filling, dredging or diking
or a type of use not specifically provided for in the certified master plan
or if in the opinion of the executive director the proposed amendment
would not be consistent with the provisions of this division, would mate-
rially alter any significant condition or situation that formed a basis for
certification of the port master plan, would result in any substantial ad-
verse environmental effect, or would have a reasonable risk of producing
such a result. An amendment designated as being minor in nature shall
not become effective for 10 working days following the designation by
the executive director.
(b) Any determination pursuant to subsection (a) shall be reported to
the commission at its next regularly scheduled meeting by the executive
director.
Article 5. Notification and Appeals After
Certification
§ 13640. Notification of Appealable Developments After
Certification of Master Plan.
After certification of a port master plan, the governing body of the port
shall notify the Commission on a form approved by the executive director
of the Commission of any appealable development proposed within its
jurisdiction during the planning and design phase of the development or
as soon as the governing body becomes aware of such proposed develop-
ment, if the governing body of the port is not involved in the planning or
design of such development. Such notice shall include a description of
the purpose and design of the development to the extent that is known,
and the estimated time when the development will be acted upon by the
port governing body.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30715, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13641. Appeals After Certification of Master Plan.
(a) Upon approval of any appealable development by the port govern-
ing body, the port governing body shall notify the Commission, and other
interested persons, organizations and governmental agencies of the ap-
proval, on a form made available by the executive director of the Com-
mission. Such notification shall include a description of the proposed de-
velopment, its location, and shall indicate how it is consistent with the
certified port master plan and the California Coastal Act of 1976.
(b) The approval of any appealable development by the governing
body of the port shall become effective after the 10th working day fol-
lowing receipt of notice by the Commission unless an appeal is filed with
the Commission within that time. Any permit issued for an appealable
development shall contain a written statement to this effect.
(c) Appeals shall be filed and processed by the Commission in the
same manner as appeals from local government actions as set forth in
Chapter 7 of the California Coastal Act and Chapter 5 of these regula-
tions. The filing of an appeal shall suspend the effectiveness of the port
governing body's approval until the commission takes final action on the
appeal. No appealable development shall be commenced until final ap-
proval by the commission becomes effective.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30715, Public Resources Code.
History
1. Amendment of subsection (c) filed 6-16-82; effective thirtieth day thereafter
(Register 82, No. 25).
Article 6. Environmental Impact
Review — Port Master Plans and
Development Undertaken in Port Areas
§ 13645. Review and Comments on Environmental
Documents.
(a) The port governing body shall submit any initial studies, draft En-
vironmental Impact Report, draft Negative Declaration, or draft Environ-
mental Impact Statement concerning the port master plan or, after certifi-
cation of the port master plan, concerning any development which may
be appealed to the Commission pursuant to Public Resources Code Sec-
tion 30715, to the executive director of the Commission as soon as practi-
cable after such are prepared. For purposes of this subchapter the pro-
posed port master plan and appropriate environmental documents may
be submitted as a single combined document, when such document
meets the substantive and procedural requirements of both the California
Environmental Quatity Act and the California Coastal Act of 1976.
(b) The executive director shall:
Page 645
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§ 13646
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Title 14
( J ) Review any Initial Environmental Study sent to him or her for con-
sultation purposes, determine what comments should be made on behalf
of the commission, and forward such comments to the port governing
body; and
(2) Review any draft environmental documents, received either
through the State Clearinghouse review process or through other review
procedures, determine what comments should be made on behalf of the
commission, and forward such comments to the port governing body and
the State Clearinghouse.
(c) The commission, in its discretion, may hold a public hearing on any
environmental document submitted and direct the staff to make whatever
comments, or to obtain whatever additional information, the commission
deems appropriate.
§ 13646. Submission of Final Environmental Impact
Reports or Negative Declaration.
(a) After the port governing body has certified a Final Environmental
Impact Report, Environmental Impact Statement, or Negative Declara-
tion, it shall submit such to the commission together with the adopted port
master plan. For purposes of this section and to avoid unnecessary duph-
cation, the Environmental Impact Report and Port Master Plan may be
submitted as a single document, when such single document meets the
substantive and procedural requirements of both the California Environ-
mental Quality Act and the California Coastal Act of 1976.
(b) In the case of an appealable development, the port governing body
shall submit the certified Final Environmental Impact Report, Environ-
mental Impact Statement, or Negative Declaration with the notice re-
quired by Section 13641.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30715, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13647. Notification of Non-Appealable Developments
After Certification.
For developments approved by the commission in a certified master
plan, but not appealable, the port governing body shall forward any draft
environmental impact report(s) and negative declaration(s) prepared
pursuant to the California Environmental Quality Act of 1970 or any
draft environmental impact statement(s) prepared pursuant to the Na-
tional Environmental Policy Act of 1969 to the commission in a timely
manner to ensure sufficient time for the commission to comment on such
developments prior to approval by the port governing body.
§13648. Effects of Comments.
Comments on environmental documents submitted by the commis-
sion or the executive director are intended to aid the port governing body
in preparing adequate environmental documents. They do not indicate
what action the commission may take with regard to certification of the
port master plan or appealable development when submitted to the com-
mission for review, nor do they preclude the commission from requiring
additional environmental information in the course of any review process
or from taking any action with respect to any development authorized by
the California Coastal Act of 1976.
Chapter 9. Sewage Treatment Works
Subchapter 1. Review of Sewage
Treatment Works for Which Request for
State and/or Federal Funding Has Been
Made to the State Water Resources Control
Board
Articled Scope
§13650. Scope.
The provisions of this article are adopted pursuant to the requirements
and under the authority of Public Resources Code, Section 30338. The
provisions of this Article apply only to permit applications for sewage
treatment works for which request for state and/or federal funding has
been made to the State Water Resources Control Board.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1 . New Chapter 9 (Sections 1 3750-1 3757) filed 7-22-77 as an emergency; effec-
tive upon filing (Register 77, No. 30).
2. Repealer of Chapter 9 (Sections 13750-13757) by operation of Section
11422.1, Government Code (Register 78, No. 24).
3. New Chapter 9 (Sections 13650-13658) filed 6-14-78 as an emergency; effec-
tive upon filing (Register 78, No. 24).
4. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
5. Amendment of note filed 3-12-82; effective thirtieth day thereafter (Register
82, No. 11).
§ 1 3651 . Staff Involvement.
Staff of the Commission shall, to the extent staff resources are avail-
able, participate in any pre-project meeting or draft facilities plan meet-
ing conducted in conjunction with a project requesting funding.
NoTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
Article 2. Completeness of Application
§ 13652. Completeness of Application.
A permit application for such sewage treatment works shall be deemed
to be complete only when the application is accompanied by a final Faci-
lities Plan as defined by regulations of the State Water Resources Control
Board, including a final Environmental Assessment, final Environmen-
tal Impact Report, or adopted Negative Declaration, as appropriate. For
purposes of this section, the Facilities Plan shall not be deemed to be final
unless the staff of the State Water Resources Control Board advises the
Commission in writing that the documents are in final form and unless
the final Facilities Plan includes sufficient information to allow an asses-
sment of the financial impact of the funding of such treatment works on
all properties in the affected service district(s) located within the coastal
zone. Any addendum to or material modification of the final Facilities
Plan shall extend the Commission review period an additional thirty (30)
days.
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§ 13660.1
•
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth dav thereafter (Register 82,
No. 11).
Chapter 10. Federal Consistency
Article 3. Filing, Hearings, and Appeals
§ 13653. Filing and Hearing Procedures.
The procedures governing the filing and public hearing procedures
shall be the same as those set forth in Sections 13053.5-13096 except as
specifically modified in this Article.
§ 13654. Filing of Preliminary Application; Waiver of
Preliminary Approval Requirements.
A preliminary application for such sewage treatment works will be ac-
cepted for filing without meeting the preliminary approval requirements
of Section 13052 if the following conditions are met:
( 1 ) the application is accompanied by a draft Facilities Plan, including
a draft Environmental Assessment, draft Environmental Impact Report,
or proposed Negative Declaration;
(2) the applicant agrees to notify the Commission in writing of any pro-
posed adoption of a Negative Declaration for such sewage treatment
works at least thirty (30) days prior to adoption of such Negative Declara-
tion;
(3) the applicant agrees to waive any otherwise applicable deadline for
the public hearing and vote on the application until sixty (60) days after
the filing of a complete application pursuant to Section 13652.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
]. Amendment filed 3-12-82; effecfive thirtieth day thereafter (Register 82,
No. 11).
§13655. Initial Public Hearing.
Within 49 days of the filing of the preliminary application submitted
pursuant to Section 13654, the Commission shall hold a public hearing
on the preliminary application. The Commission shall not close the hear-
ing but shall keep the hearing open until the vote pursuant to Section
13657.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13656. Comments on Draft Environmental Impact
Report.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1).
§ 13657. Commission Vote on the Permit Application.
Within sixty (60) days of the filing a complete application pursuant to
Section 13652, the Commission shall conclude the public hearing on the
application and shall vote in the same manner set forth in Section
13073-13096.
NOTE: Authority cited: Section 30333, Pubhc Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82,
No. 11).
§ 13658. Appeal to the Commission.
Note- Authority cited; Section 30333, Public Resources Code. Reference: Sec-
tion 30338, Public Resources Code.
History
1. Repealer filed 3-12-82; effective thirtieth day thereafter (Register 82, No. 1 1).
Subchapter 1. Commission Procedures for
Consistency Certifications for Outer
Continental Shelf (OCS) Exploration,
Development or Production Plans for OCS
Related Federal Permits
§13660. Definitions.
(a) The term "applicant" means any individual, corporation, partner-
ship, association, or other entity organized or existing under the laws of
any State, the Federal government, any State, regional or local govern-
ment, or any entity of such Federal, State, regional or local government,
who submits to the Area Supervisor (or other designee of the Secretary
of Interior) after August 31, 1978, an OCS plan.
(b) The term "OCS plan" means any plan for the exploration or devel-
opment of, or production from, any area which has been leased under the
Outer Continental Shelf Lands Act. as Amended, (43 U.S.C. #S 1331 et.
seq.), and the regulations under that Act, which describes in detail activi-
ties requiring a Federal license or permit.
(c) The term "Area Supervisor" means the Pacific Area Oil and Gas
Supervisor, Minerals Management Service formerly the United States
Geological Survey, Department of the Interior.
(d) The term "Assistant Administrator" means the Assistant Adminis-
trator for Coastal Zone Management, National Oceanic and Atmospheric
Administration, Department of Commerce.
(e) The term "Executive Director" means the Executive Director of the
California Coastal Commission.
(f) The term "California Coastal Management Program" (CCMP)
means the program approved by the Department of Commerce pursuant
to the Coastal Zone Management Act (16 USC Section 1451 et seq.).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 1 6 USC Section 1 456(c); and 1 5 CFR Part 930
et. seq. as adopted June 25, 1979, 44 PR 37143.
History
1. New Chapter 10 (Subchapter 1, Sections 13660-13660.11) filed 11-28-78 as
an emergency; effective upon filing (Register 78, No. 48).
2. Certificate of Compliance filed 3-28-79 as to emergency filing of 1 1-28-79
(Register 79, No. 13).
3. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
4. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 1 3660.1 . Preliminary Consultation.
(a) As soon as possible, but at least 10 days prior to submission to the
Area Supervisor of any plan for the exploration of areas leased under the
Outer Continental ShelfLands Act (43 USC 1331 et seq.), and at least 30
days prior to submission of plans for the development or production of
areas leased under that Act, any applicant wishing to undertake such acti-
vities in areas adjacent to California waters shall consult with the Execu-
tive Director at the state office concerning all the activities required to be
described in detail in the OCS plan affecting the land or water uses in the
coastal zone.
This shall include, at minimum, activities requiring the following fed-
eral approvals:
MMS — Department of the Interior
Approval of offshore driUing operations
Approval of design plans for the installation of platforms
Approval of gathering and flow lines
The following OCS related Federal license or permit activities are en-
couraged to be included, if they will be required in connection with the
OCS activity.
Department of Defense — U. S. Army Corps of Engineers
Page 647
(4-1-90)
§ 13660.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Permits and licenses required under Sections 9 and 10 of ttie Rivers
Harbors Act of 1899
Permits and licenses required under Section 103 of the Marine Protec-
tion, Research and Sanctuaries Act of 1972
Permits and licenses required under Section 404 of the Federal Water
Pollution Control Act of 1972 and amendments
Permits for artificial islands and fixed stmctures located on the Outer
Continental Shelf (Rivers and Harbors Act of 1899 as extended by 43
U.S.C. 1333(f))
Department of Interior — Bureau of Land Management — MSS
Permits and licenses required for drilling and mining on public lands
(BLM)
Permits for pipeline rights-of-way on the Outer Continental Shelf
Permits and licenses for rights-of-way on public lands
Environmental Protection Agency
Permits and licenses required under Sections 402 and 405 of the Feder-
al Water Pollution Control Act of 1972 and amendments
Permits and apphcations for reclassification of land areas under regu-
lations for the prevention of significant deterioration (PSD) of air quality
Department of Transportation — U.S. Coast Guard
Permits for construction of bridges under 33 USC 401 , 491-507 and
525-534
Permits for deepwater ports under the Deepwater Port Act
(P. L. 93-627)
Federal Energy Regulatory Commission
Certifications required for interstate gas pipelines
Permits or licenses for construction and operation of facilities needed
to import, export or transship natural gas or electrical energy
Any other OCS related Federal license or permit activities which are
not listed above are also encouraged to be included, if they will be re-
quired in connection with the OCS activity.
(b) The Executive Director shall provide the applicant with a copy of
the California Coastal Zone Management Plan ("CCMP") upon request.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR 930.64,
930.75, 930.77 and 930.82.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
(1) a briefassessment relating the probable coastal zone effects of each
of the enumerated activities and their associated facilities to the relevant
elements of the program pohcies of the CCMP; and
(2) a brief set of findings derived from the assessment indicating that
each of the enumerated activities (e.g. drilling, platform placement) and
its associated facilities (e.g. onshore support structures, offshore pipe-
lines), and its primary effects (e.g. air, water, waste discharges, erosion,
wetlands, beach access impacts) are consistent with the mandatory provi-
sions of the CCMP.
(d) Upon request of the applicant, the California Coastal Commission
staff will provide assistance in preparing the assessment and findings re-
quired in Section 13660.3(c)(1) and (2) of these regulations.
(e) The Executive Director may request in writing additional data and
information from the applicant if he deems it necessary for a complete
and proper review. Such a request shall not extend the date for com-
mencement of Coastal Commission review; however, failure to submit
the requested information could result in an objection to the applicant's
consistency certification [See Section 13660.8(b)(4)]. The applicant
shall comply with such request within 10 days of its receipt or shall indi-
cate within 10 days reasons why the request cannot be complied with.
(0 When the OCS Plan submitted to the Executive Director by the
Area Supervisor has deleted confidential and proprietary information,
the places where such information has been deleted and the general sub-
ject matter of the information shall be identified. Where the Executive
Director determines that such confidential and proprietary information
is necessary to adequately assess the coastal zone effects of the activities
described in the OCS plan and therefore to make a reasoned decision on
the consistency of such activities, such information shall be provided af-
ter the Executive Director has provided adequate assurance of confiden-
tiality in accordance with the applicable implementing federal regula-
tions (15 CFR Section 930.77 and 30 CFR Part 252). The procedures
specified in Section 13660.3(e) apply to the Executive Director' s request
for confidential and proprietary information.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR Sections 930.58
and 930.77; and 30 CFR Part 252.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No.
50).
§ 13660.2. Review of Environmental Report for Sufficiency
of Information.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008(c), Public Resources Code.
History
1 . Repealer filed 3-28-79 as an emergency; effective upon filing (Register 79, No.
13). Certificate of Compliance included. For former history, see Register 78,
No. 48.
§ 13660.3. Submission of Consistency Certification.
(a) The applicant shall submit to the Area Supervisor who in turn shall
submit to the Executive Director: the OCS plan, with accompanying con-
sistency certification and supporting information for all activities re-
quired to be described in detail in the plan and identified in Section
13360.1(a) of these regulations, and the environmental report as soon as
it is deemed submitted to the Area Supervisor pursuant to 30 CFR
250.34-l(b)(l) for exploration plans or 30 CFR 250.34-2(b)(l) for de-
velopment and production plans.
(b) The consistency certification shall be in the following form:
The proposed activities described in detail in this plan comply with
California's approved coastal management program and will be con-
ducted in a manner consistent with such program.
(c) The applicant shall also include the following supporting informa-
tion:
§ 13660.4. Staff Summary, Recommendation, and Hearing
Notice.
After receipt of the OCS plan, environmental report, consistency certi-
fication and the accompanying findings and assessments and any other
information which the Executive Director deems necessary, the Execu-
tive Director shall:
(a) Prepare a staff summary and recommendation of the applicants'
findings and assessments and send it to the applicant, the Assistant Ad-
ministrator, the Area Supervisor, and other relevant Federal agencies, lo-
cal governments, state agencies, and other interested parties. If the vote
on the certification is scheduled for a later meeting than the oral hearing,
the Executive Director shall prepare a separate staff recommendation ac-
cording to the requirements of Chapter 5, Article 12 (T. 14 Cal. Adm.
Code).
(b) Schedule a Commission public hearing on the apphcant's consis-
tency certification, findings and assessments and the staff summary, and
recommendation, giving appropriate notice to all interested parties, (as
listed in Section 13660.4(a) above), with particular emphasis on inform-
ing citizens of the coastal area which will be affected pursuant to the per-
mit regulations in Chapter 5 (T. 14 Cal. Adm. Code) unless specifically
changed herein. The Director shall endeavor, where possible, to schedule
the public hearing in the affected region. The notice shall announce the
availability for inspection of the applicant's consistency certificate and
findings. The state and regional agencies responsible for air and water
quality compliance shall be nofified and provided the opportunity to pres-
Page 648
(4-1-90)
Title 14
California Coastal Commission
§ 13660.10
eiit their agencies' positions before tlie Commission hearing. Such hear-
ing shall be set for a regular Coastal Commission meeting not later than
the 49th day after receipt of the documents required by Section 13660.3.
The Executive Director may, at his discretion, extend for an additional
30 days the 49-day time period for a hearing. All public hearings shall
be scheduled with a view toward allowing widespread public distribution
of the information contained in the staff's summary and recommendation
and toward allowing maximum public participation and attendance at the
hearing particularly for the citizens of the affected area, while affording
the applicant expeditious consideration of consistency certifications.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tions 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR
930.61(a), 930.63. 930.79 and 930.84(a).
History
1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 13660.5. Contents of Summary and Recommendation.
The summary shall: (1 ) list the major activities listed in the OCS plan,
for which a consistency certification has been required, (2) discuss the
effect of these activities and their associated facilities, on land or water
uses in the coastal zone, (3) discuss the consistency of such activities and
related effects with the mandatory provisions of the CCMP.
The summary shall also specifically list all other Federal permits for
which consistency findings have not been enclosed and for which future
consistency certification will be required under Section 13660.11 of
these regulations.
NOTE: Authority cited: Section 30333. Public Resources Code. Reference: Sec-
tions 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR
930.61(a), 930.63, 930.79 and 930.84(a).
History
1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 13660.6. Conduct of Hearings on Staff
Recommendations on a Consistency
Certification.
The Commission shall conduct de novo hearings on consistency certi-
fications substantially in accordance with the applicable procedures for
permit hearings set forth in Chapter 5 (T. 14 Cal. Adm. Code) of these
regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.79.
History
1 . Amendment of Section title filed 3-28-79 as an emergency; effective upon fil-
ing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 13660.7. Consent Calendar Procedures.
Consistency certifications at the discretion of the Executive Director
may be included as a consent calendar item pursuant to Chapter 5, Article
15 (T. 1 Cal. Adm. Code) of these regulations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Repealer and new section filed 12-7-82; effecfive thirtieth day thereafter (Reg-
ister 82, No. 50).
§ 13660.8. Final Commission Decision.
(a) The Commission shall issue a decision on whether the applicant's
consistency certificafion complies with the CCMP; i.e., whether it "con-
curs" or "objects" to the applicant's consistency certification, at the earli-
est practicable time and in no event more than 6 months from the date of
receipt of such consistency certification and required informaUon from
the USGS Area Supervisor (see Secfion 13660.3 of these regulations). If
a Commission decision has not been reached within 3 months of such re-
ceipt, the Executive Director shall notify in writing the Assistant Admin-
istrator, the applicant, the USGS Area Supervisor, and the relevant Fed-
eral agencies of the status of review and the basis for further delay.
(b) A Commission decision which objects to an applicant's consisten-
cy certification for one or more of the acfi vities described in detail in the
OCS plan shall be accompanied by a statement indicating:
(1) the effect which the acfivity will have on coastal land or water uses
in the coastal zone,
(2) how the activity is inconsistent with a mandatory provision of the
CCMP,
(3) alternative measures or conditions (if they exist) which would
inake their proposed acfivity consistent with CCMP policies,
(4) if a decision to object is based upon grounds that the applicant has
failed to provide information requested by the Executive Director, the
type of informafion requested and the necessity of that information for
a consistency certification must be described, and
(5) the applicant's right of appeal to the Secretary of Commerce on the
grounds that the activity is consistent with the objecdves or purposes of
the Coastal Zone Management Act or is necessary in the interest of na-
tional security.
(c) The Commission shall nofify the applicant, the Area Supervisor,
the Assistant Administrator, and the relevant Federal agencies of its deci-
sion by sending a copy of its Final Decision to them.
NOTE; Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 1 5 CFR 930.63, 930.64
and 930.79.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§13660.9. Appeals Procedure.
Any applicant may file a nofice of appeal of a Commission objection
to a consistency certification within 30 days of receipt to the Secretary
of Commerce according to the provisions of the Coastal Zone Manage-
ment Act (16 USC Sec. 1451 et seq.) and the regulafions contained in 15
CFR Par 930. 120 et seq. The applicant shall send a copy of the notice of
appeal and accompanying documents to the Executive Director. The Ex-
ecutive Director shall submit detailed comments to the Secretary of Com-
merce within 30 days of receipt of the appeal and transmit copies to the
applicant, the Area Supervisor, and the relevant Federal agencies. Where
the commission meeting schedule allows sufficient fime for discussion
prior to the 30 day period, these comments shall be the subject of Com-
mission discussion with opportunity for public comment. This procedure
shall also be followed if the Secretary of Commerce pursues an indepen-
dent review of the consistency of an OCS activity.
NOTE; Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.120-134.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§13660.10. Required Amendments.
Any amendment to an OCS plan which must be submitted as a result
of Commission objection to consistency of an OCS activity shall be pro-
cessed as if such amendment were a new plan; i.e. Secfions 13660.1-.13
of these regulafions apply, except that the Commission must make its de-
cision within 3 months of receipt.
NOTE; Authority cited: Secfion 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.83, 930.84,
930.85 and 930.86.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. 13). Certificate of Comphance included.
2. Amendment of NOTE filed 1 2-7-82; effecfive thirtieth day thereafter (Register
82, No. 50).
Page 649
(4-1-90)
§ 13660.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 3660.1 1 . Multiple Permit Review.
(a) Applicants are strongly encouraged to include with OCS plans de-
tailed descriptions, consistency certifications, findings and assessments
and other supporting data for other OCS-related activities, which require
a federal license or permit but are not required to be described in detail
in OCS plans by the Secretary of the Interior (e.g., Corps of Engineer per-
mits for the placement of slmctures on the OCS and for dredging and the
transportation of dredged material, Environmental Protection Agency air
and water quality permits for offshore operations and onshore support
and processing facilities, or the other permits listed in Section 13660.1
of these regulations). Where consistency certifications and related find-
ings and assessments are made for all required Federal permits connected
with an OCS plan, the applicant shall so state and consolidated consisten-
cy review for these activities will take place at the same time and under
the same procedures as review of activities required to be described in
detail in OCS plans (Sections 13660.1-.13 of these regulations).
(b) If consistency certifications and related assessments and findings
for all OCS related Federal permits are not included with an OCS plan
and consistency certification, the applicant shall state which Federal per-
mit activities have not been included. The final decision of the Commis-
sion shall state which Federal permit activities have not been included
and therefore must be reviewed separately.
(c) The applicant and the Coastal Commission shall comply with Sec-
tions 13660-13660.13 of these regulations in processing consistency
certifications which have not been included with OCS plans, except that:
(1) As soon as possible, but at least 10 days prior to submission of an
application for a Federal permit, the applicant shall consult with the Ex-
ecutive Director concerning OCS-related Federal license or permit acti-
vities.
(2) An environmental report as described by 30 CFR 250.34-3(a) and
3(b) need not be submitted, if one which covered the subject permit activ-
ity was previously submitted under Section 13660.3 of these regulations,
or if the Executive Director is satisfied that the applicant has provided
sufficient information concerning the environmental effects of the per-
mit activity to adequately review the project as if it were a coastal permit
under the CCMP.
(3) Wherever there is a requirement to notify the Area Supervisor, no-
tification shall also be sent to the appropriate Federal permitting agency.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
History
1 . Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79,
No. ] 3). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 13660.12. Associated Coastal Development Permits.
Where a facility associated with an OCS plan requires a coastal devel-
opment permit application under the California Coastal Act (e.g. pipe-
line, marine terminal, onshore support and processing facilities, etc.), the
applicant shall notify the Executive Director of the facility's relationship
to the OCS plan at the time of submittal of the plan. Where a coastal per-
mit application for such a facility precedes submittal of the OCS plan to
the Commission, the applicant shall notify the Executive Director that the
facility is associated with a forthcoming OCS plan. If the Executive Di-
rector determines that a consolidated review of the applicant' s consisten-
cy certification and application for a coastal development permit is nec-
essary for complete and proper consideration of the matter, he shall
recommend such consideration in whatever manner necessary to comply
with applicable time limitations.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
History
1. New section filed 3-28-79 as an emergency; effective upon filing. Certificate
of Compliance included (Register 79, No. 13).
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
§ 13660.13. Monitoring of Federal Permits.
Copies of Federal license and permit applications for activities de-
scribed in detail in an OCS plan, as well as for OCS-related activities,
which have received Commission concurrence and which have been re-
quested in the final Commission decision, shall be sent by the applicant
to the Executive Director to allow the Commission to monitor the activi-
ties.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.86.
History
1 . New section filed 3-28-79 as an emergency; effective thirtieth day thereafter.
Certificate of Compliance included (Register 79, No. 13).
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82,
No. 50).
Chapter 11. Energy Facilities and LCP
"Override" Procedures
Subchapter 2. Certified Local Coastal
Program (LCP) Amendment "Override"
Procedures
§13666. Applicability.
These procedures are applicable to persons authorized to undertake a
public works project or proposing energy facility development that re-
quires LCP amendments provided that the development meets the fol-
lowing two requirements:
(1) unanticipated by the person proposing the development at the time
the LCP was before the Commission for certification.
(2) meets the public needs of an area greater than that included in the
certified LCP.
All other developments requiring an amendment to the certified LCP
shall follow the LCP amendment procedures of the affected local govern-
ment and the Commission.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30515, Public Resources Code.
History
1. New Chapter n (Subchapter 2, Sections 13666-13666.4) filed 12-7-82; effec-
tive thirtieth day thereafter (Register 82, No. 50).
§ 13666.1. Information Requirements for Preliminary
Determination of Applicability.
A person desiring review according to this subchapter may first submit
an LCP amendment application (following the requirements of the af-
fected local government) to the Executive Director with sufficient infor-
mation setting forth the reasons for the amendment with particular em-
phasis on the applicability requirements as specified in Section 13666,
and how it conforms with the policies of Public Resources Code Section
30200 et seq. The Executive Director shall, within 30 days, review the
Local Coastal Program file and the projected scope of this subchapter. A
determination of the Executive Director is final and shall be forwarded
to the affected local government and the person desiring review.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30515, Public Resources Code.
§ 13666.2. Submittal to Local Government.
(a) If the Executive Director has preliminarily determined that the de-
velopment is subject to this subchapter, the application shall first be sub-
mitted to the affected local government for an LCP amendment accord-
ing to applicable requirements. The local government shall make its
determination based on factual findings and reasoning supporting the
conclusions of law set forth in this subchapter. If the local government
fails to amend the LCP within 90 days of submittal, the person submitting
such an amendment may file a request for an amendment with the Com-
mission.
(b) If the applicant has not requested a preliminary determination, or
if the Executive Director has determined that the override provisions do
Page 650
(4-1-90)
Title 14
California Coastal Cominission
§ 13666.4
not apply, the applicant may nevertheless request the Commission to
consider the application through an appeal from a final local government
decision. The appeal from the local government's decision shall follow
local coastal program regulations and additionally include the informa-
tion requirements of this subchapter in order to advise the Commission
that in the applicant's opinion, the development is subject to Section
30515.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30515, Public Resources Code.
§ 13666.3. Commission Review.
Commission review shall be undertaken only after consultation with
the affected local government and review shall be conducted according
to the LCP regulations. A local government resolution is not required if
the local government fails to act within 90 days as specified in
13666.2(a).
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30515, Public Resources Code.
§13666.4. Required Findings.
(a) If the recommendation is for Commission approval as proposed or
inodified (i.e., conditioned), the recommendation shall be accompanied
by specific factual findings and reasoning which, after a careful balanc-
ing of social, economic, and environmental effects, supports the follow-
ing conclusions:
(1) development meets a public need of a geographic area greater than
that included within the certified LCP.
(2) development conforms with and is adequate to carry out the poli-
cies of Public Resources Code Section 30200 et seq.
(3) if significant adverse environmental impacts have been identified,
reasonable alternatives have been examined, and mitigation measures
have been included that substantially lessen any significant adverse envi-
ronmental impact so that there is no feasible less environmentally dam-
aging way to meet the pubhc need. If the development will have no sig-
nificant adverse environmental impact, findings shall be included which
support that conclusion.
(4) disapproval would adversely affect the public welfare as identified
in the findings, declarations, and general provisions of the Coastal Act
(Public Resources Code Section 30000 et seq.) and the California Coastal
Management Program, if applicable.
(b) If the recommendation is for Commission denial, the recommenda-
tion shall stale specifically the grounds for denial, based upon the find-
ings and relevant facts which after a careful balancing of social economic
and environmental effects support the conclusions listed in Section
13666.4.
NOTE: Authority cited: Section 30333, Public Resources Code. Reference: Sec-
tion 30515, Public Resources Code.
Page 651
(4-1-90)
Jft.
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.6. State Coastal Conservancy
Vol. 19
XMOIVISOISI
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
State Coastal Conservancy
Table of Contents
•
Division 5.6. State Coastal Conservancy
Table of Contents
Chapter 1.
Article 1.
§ 13705.
§ 13706.
Chapter 2.
Article 1.
§ 13712.
Article 2.
§ 13718.
§ 13719.
§ 13721.
Chapter 3.
Article 1.
§ 13733.
§ 13734.
§ 13735.
Chapter 4.
Chapter 5.
Chapter 6.
Chapter 7.
Article 1.
§ 13850.
§ 13851.
§ 13852.
Article 2.
§ 13860.
§ 13861.
§ 13862.
§ 13863.
Page
General Provisions 653
Interpretation of
Regulations 653
Inspection of Public Records.
Copies and Certification of Public
Records.
Meetings 653
Notice 653
Method of Notification.
Quorum and Procedures 653
Quorum.
Voting — Number Required to
Authorize Action.
Agenda.
Officers and Staff 653
Officers 653
Executive Officer — Appointment
and Term.
Duties and Delegation of Staff.
Acting Executive Officer.
Procurement of Private
Architectural or Engineering
Services 654
Procedures for Acquisition of
Interests in Real Property 654
State Coastal Conservancy —
Conflict of Interest Code 654
Experimental Fishing Gear Loan
Program 654
Authority and Purpose 654
Authority.
Purpose.
Emergency; Effective Date.
Loan Program Establishment
and Operation 655
Definitions.
Coordination and Consultation.
Eligibihty Criteria.
Loan Limits, Rates and Terms.
Page
§ 13864.
Applications and Disbursements.
§ 13865.
Terminations and Buyback.
§ 13866.
Disposition of Funds.
§ 13867.
Repeal of Regulations.
§ 13868.
Exercise of Authority.
apter 8.
Contracting Process for Private
Architectural, Engineering,
Environmental, Land Surveying
or Construction-Project
Management Firms 657
Article 1.
General Provisions 657
§ 13870.
Definitions.
Article 2.
Procedures for Procuring
Services 658
§ 13875.
Publication of Announcement.
§ 13876.
Selection Criteria.
§ 13877.
Selection of Architectural,
Landscape Architectural
Engineering, Environmental, Land
Surveying and Construction-Project
Management Firms.
§ 13878.
Negotiation of Contracts.
§ 13879.
Emergency.
§ 13880.
Small Business Participation.
§ 13881.
Unlawful Activities and Conflict of
Interest.
§ 13882.
Unlawful Activities and Conflict of
Interest.
Article 3.
Disabled Veteran Business
Enterprise Participation
Goals for Contracts with
Private Architectural,
Landscape Architectural,
Engineering, Land
Surveying, Construction-
Project Management, and
Environmental Services
Firms 659
§ 13890.
Disabled Veteran and Minority and
Women Business Enterprise Goals.
§ 13891.
Certification.
§ 13892.
Contract Audits.
§ 13893.
Adjudicatory and Investigatory
Procedures.
§ 13894.
Exemption for Certain Contracts.
§ 13895.
Exemption for Certain Contracts.
Page
(10-21-2005)
Title 14
State Coastal Conservancy
§ 13734
Division 5.6. State Coastal Conservancy
•
•
Chapter 1. General Provisions
Article 1 . Interpretation of Regulations
NOTE: Authority cited: Section 3 1 102, Public Resources Code. Reference: Chap-
ters 1, 2 and 3 of Division 21, Public Resources Code.
History
1 . New Division 5.6 (Chapters 1-3, Sections 13701-13735, not consecutive) filed
9-29-77 as an emergency; effective upon filing (Register 77, No. 40).
2. New Division 5.6 (Chapters 1-3, Sections 13701-13735, not consecutive) re-
filed 2-27-78 as an emergency; effective upon filing (Register 78, No. 9).
3. Certificate of Compliance as to filing of 2-27-78 filed 4-17-78 (Reeister 78,
No. 16).
4. Repealer of Article 1 (Secfions 13701-13704) filed 1 1-3-82 by OAL pursuant
to Government Code Section 1 1349.70) (Register 82. No. 45).
§ 13705. Inspection of Public Records.
History
1 . Repealer of Article 2 and Section 1 3705 filed 1 1-3-82 by OAL pursuant to Gov-
ernment Code Section 11349.7(1) (Register 82, No. 45).
§ 13706. Copies and Certification of Public Records.
Copies of public records may be made and certified by the Conservan-
cy, the expense thereof to be borne by the person or party requesting the
same, unless copies for public distribution are already on file.
All requests for copies of Conservancy records shall be made in writ-
ing. Such requested shall describe the records with sufficient specificity
that the Conservancy may identify and locate the records. Such requests
shall also be accompanied by proper payment when required under this
section, except where advance payment has been waived by the Execu-
tive Officer for good cause. Copies of public records requested in accor-
dance with the above requirements shall be sent to the requesting party
within seven working days of the request. If a request, or poi-tion of a re-
quest, cannot be satisfied within seven working days, notice to that effect
shall be sent to the requesting party within that time.
NOTE: Authority cited: Section 31102, Public Resources Code. Reference: Sec-
tions 6253, 6256 and 6257, Government Code.
History
1. Amendment filed 2-10-82; effective thirtieth day thereafter (Register 82.
No. 7).
2. Editorial correction of section heading (Register 82, No. 45).
Chapter 2. Meetings
Article 1 . Notice
§ 1 371 2. Method of Notification.
Notice of regular meeting of the Conservancy shall be by first class
mail or other reasonable means, dispatched not later than 1 0 days preced-
ing the meeting and containing an agenda hsting each item to be consid-
ered.
NotE: Authority cited: Section 31 102, Public Resources Code. Reference: Sec-
tion 1 1 125, Government Code.
History
1 . Repealer of Chapter 2 (Article 1 , Sections 13710 and 13711), Article 2 (Sections
13713 and 13714), Article 3 (Sections 13715 and 13715.5), Article 4 (Sections
13716 and 13717), Article 5 (Secfions 13720, 13722-13724); renumbering of
Article 2 (Section 13712) to Article 1 and amendment of new Article 1 heading;
and renumbering of Article 5 (Secfions 13718, 13719 and 13721) to Article 2
and amendment of new Article 2 heading filed 1 1-3-82 by OAL pursuant to
Government Code Secfion 1 1349.7(j) (Register 82, No. 45). For prior history,
see Register 82, No. 7.
2. Amendment filed 12-26-84; effective thirtieth day thereafter (Register 84,
No. 52).
Article 2. Quorum and Procedures
§13718. Quorum.
For all meetings of the Conservancy, a quorum shall be a majority of
the total authorized membership of the Conservancy. No action shall be
taken in the absence of a quorum, except that a lesser number of members
may continue a meeting or a hearing from time to time until a quorum is
present; provided, however, that such a continued meeting or hearing
shall not substitute for the requirements of Public Resources Code, Sec-
tion 31102.
NOTE: Authority and reference cited: Secfion 31102, Public Resources Code.
History
1. Editorial correcfion adding NOTE filed 1 1-3-82 (Register 82, No. 45).
§ 13719. Voting — Number Required to Authorize Action.
Except as otherwise required by Division 21 of the Public Resources
Code or in these regulations, actions by the Conservancy shall be by affir-
mative vote of a majority of those members present and constituting a
quorum.
NOTE: Authority and reference cited: Secfion 31 102, Public Resources Code.
§13721. Agenda.
(a) The agenda for regular meetings of the Conservancy shall be set by
the executive officer at least 10 days prior to the meeting.
(b) The chairperson may direct that the order of the agenda be altered
for any particular meeting, or that any particular item on the agenda be
taken out of order when, in the chairperson's opinion, such change is de-
sirable. Any such action may be rejected or modified by a vote of a major-
ity of members present.
NOTE: Authority cited: Section 31102, Public Resources Code. Reference: Sec-
fion 1 1 125, Government Code.
History
1 . Amendment of subsecfion (a) filed 12-26-84; effective thirtieth day thereafter
(Register 84, No. 52).
Chapter 3. Officers and Staff
Article 1 . Officers
History
1. Repealer of Article 1 (Secfion 13730-13732) filed 11-3-82 by OAL pursuant
to Government Code Section 11349.7G) (Register 82, No. 45).
§ 13733. Executive Officer — Appointment and Term.
History
1 . Repealer of Article 2 heading and Secfion 1 3733 filed 1 1-3-82 by OAL pur-
suant to Government Code Secfion 11349.7(j) (Register 82, No. 45).
§ 13734. Duties and Delegation of Staff.
(a) In accordance with the direction and policies of the Conservancy
and pursuant to Public Resources Code Section 31 103, the executive of-
ficer shall administer the affairs of the Conservancy and, subject to ap-
proval by the Conservancy, the executive officer shall, on behalf of the
Conservancy and in accordance with applicable state and civil service
procedures, appoint such other employees as may be necessary to carry
out the functions of the Conservancy.
(b) Except as specially provided by resolution, the executive officer
may delegate the performance of any of his or her functions but such
delegation(s) shall not affect his or her responsibility to see that the direc-
tions and policies of the Conservancy are carried out fully and faithfully.
NOTE: Authority cited: Secfion 31102, Public Resources Code. Reference: Sec-
tion 31 103, Public Resources Code.
History
1. Editorial correcfion of secfion heading (Register 82, No. 45).
2. Repealer of subsection (c) filed 12-26-84; effecfive thirtieth day thereafter
(Register 84, No. 52).
Page 653
Register 2005, No. 38; 9-23-2005
§ 13735
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 13735. Acting Executive Officer.
History
1. Repealer filed 11-3-82 by OAL pursuant to Government Code Section
i 1349.7(1) (Register 82, No. 45),
Chapter 4. Procurement of Private
Architectural or Engineering Services
Note. Authority cited: Section 31 102, Public Resources Code. Reference: Chap-
ters 1. 2 and 3 of Division 21, Public Resources Code.
History
1 . New Chapter 4 (Section 13740) filed 4-17-78 as an emergencv; effective upon
filing(Register78, No. 16).
2. Certificate of Compliance filed 7-7-78 (Register 78, No. 27).
3. Repealer ofChapter 4 (Section 13740) filed 1 1-3-82 by OAL pursuant to Gov-
ernment Code Section U349.7(i) (Register 82, No. 45).
Chapter 5. Procedures for Acquisition of
Interests in Real Property
NOTE: Authority cited for Chapter 5 (Sections 13750-13751): Section 31102,
Public Resources Code. Reference: Chapters 3,4,5,6, and 8 of Division 2 1 , Public
Resources Code.
History
1. New Chapter 5 (Sections 13750 and 13751) filed 9-28-78; effective thirtieth
day thereafter (Register 78, No. 39).
2. Repealer ofChapter 5 (Sections 1 3750 and 1 3751) filed 2-10-82; effecfive thir-
tieth day thereafter (Register 82, No. 7).
Chapter 6. State Coastal
Conservancy — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409(a), that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of limited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
state coastal conservancy
1212 broadway. room 514
oakland, california 94612
fair political practices commission
hook street
sacramento. california 95814
archives
secretary of state
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 6, Division 5.6
of Title 1 4 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 6. State Coastal Conservancy — Conflict of Interest Code
Section
13800. General Provisions
Appendix
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Secfion 87300 et seq.. Government Code.
History
1. New Chapter 6 (Sections 13800-13809) filed 1 1-6-79; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 8-8-79 (Register
79, No. 45).
2. Repealer of Chapter 6 (Secfions 13800-13809) and new Chapter 6 (Section
13800 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Ap-
proved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Amendment of Appendix filed 12-3-81; effective thirtieth day thereafter. Ap-
proved by Fair Political Practices Commission 8-31-81 (Register 81, No. 49).
4. Amendment of section and Appendix filed 9-26-95; operative 10-26-95. Ap-
proved by Fair Political Practices Commission 8-18-95 (Register 95, No. 39).
5. Amendment of general provisions and appendix filed 9-20-2005; operafive
10-20-2005. Approved by Fair Political Practices Conunission 7-23-2005
(Register 2005, No. 38).
Chapter 7. Experimental Fishing Gear Loan ^^
Program ^B
Article 1. Authority and Purpose
§13850. Authority.
This chapter is adopted pursuant to Section 31 125.6(c) of the Public
Resources Code (enacted as Section 8 of the Nearshore Gill and Trammel
Net Fishery Mitigation Act, Chapter 910, Statutes of 1986, hereinafter
called the "Act") in order to develop and implement, interpret and make
specific the provisions contained in Sections 3.5, 5 through 10, 13, and
14 of the Act, and Sections 7 through 10 of Chapter 1298 of the Statutes
of 1987. amending the Act, regarding the establishment and operation of
a low-interest loan program to finance the development and operation of
alternative fishing gear for use in nearshore waters witliin the coastal
zone north of Point Conception where restrictions on the use of gill and
trammel nets exist pursuant to Section 4 of the Act, and Section 3 of
Chapter 1298 of the Statutes of 1987.
NOTE: Authority cited: Secfions 31102 and 31 125.6(c), Public Resources Code.
Reference: Secfions 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and
(b). Fish and Game Code; Section 15335.1(b). Government Code; and Sections
31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Secfion 8 of the Act (PubUc Resources Code Secfion 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operafive 4-4-88 (Register 88,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
§13851. Purpose.
Through the Act, and further through Section 3 ofChapter 1298 of the
Statutes of 1987, the Legislature placed severe restrictions on the use of
gill and trammel nets in nearshore waters of the Coastal Zone north of
Point Conception in order to provide protections for marine bird and
mammal populations. These restrictions will have an adverse economic
impact on commercial fishing operators which previously utilized gill
and trammel nets in the affected areas. In order to provide for commercial
fishing in the restricted areas, the Act establishes a program for the devel-
opment of alternative fishing gear, including an experimental gear per-
mitting program and a monitoring and study program to be carried out
by the California Department of Fish and Game. Additionally, the Act
directs the State Coastal Conservancy to develop and implement a low-
interest loan program to enable commercial fishing operators to acquire
experimental equipment which will reduce impacts on non-target spe-
cies when used in the restricted areas.
The restrictions on the use of gill and trammel nets became effective
immediately under the Act. The additional restrictions of Section 3 of
Chapter 1298, Statutes of 1987 also became effective immediately. In or-
der to reduce the adverse economic impacts to commercial fishing opera-
tors financing the acquisition of alternative fishing gear before the 1988
fishing season, it is necessary that this chapter, as amended, take effect
immediately. Section 8 of the Act (Public Resources Code Section
31 125.6(c)) directs the Conservancy to adopt emergency regulations for
the loan program and provides that the regulations become effecfive
upon adoption.
The purpose of this chapter is to ensure the consistent and fair process-
ing and approvals of loans made by the Conservancy, with appropriate
input from other state agencies, affected parties and interested members
of the public. These regulations delegate to the Executive Officer approv-
al of loans, and specify parameters, criteria and procedures to be followed
•
Page 654
Register 2005, No. 38; 9-23-2005
Title 14
State Coastal Conservancy
§ 13862
by the Conservancy in evaluating, approving, rejecting, and terminating
loans. The Conservancy will be assisted in establishing and operating the
loan program by the Department of Fish and Game, the Department of
Commerce, active commercial fishing operators and representatives of
the commercial fishing industry.
NOTE; Authority cited: Sections 3 11 02 and 31 125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664. 12(a) and
(b). Fish and Game Code; Section 15335.1(b), Government Code; and Sections
31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; Ch. 910.
Stats. 1986, Section 2; and Ch. 1298, Stats, of 1987, Section 11.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Comphance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88. No.
17). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-1 1-88 and filed 7-25-88
(Register 88, No. 32).
§ 13852. Emergency; Effective Date.
This chapter is being adopted and amended as an emergency regula-
tion in accordance with the mandate of Section 8 of the Act (Public Re-
sources Code Section 31 125.6(c)) and pursuant to findings made by the
Conservancy on May 22, 1987, and March 18, 1988.
Pursuant to Section 8 of the Act (Public Resources Code Section
31125.6(c)) and in accordance with Government Code Section
11346.2(a), these regulations shall be effective upon adoption by the
Conservancy.
NOTE: Authority cited: Sections 31 102 and 31 125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 861 5 and 8664.12 (a) and
(b). Fish and Game Code: Section 15335.1(b), Government Code; and Sections
31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; and Ch.
1298, Stats, of 1987, Section 15.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4^4-88 (Register 88. No.
17). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
Article 2.
Loan Program Establishment and
Operation
§13860. Definitions.
The following definitions apply to the terms used in this Chapter:
Act — means the Nearshore Gill and Trammel Net Fishery Mit-
igation Act (Chapter 910, Statutes of 1986) as amended
by Sections 8 through 10 of Chapter 1298 of the Statutes
of 1987;
Department — means the California Department of Fish and Game
(CDFG);
Director — means the Director, California Department of Fish and
Game;
Conservancy — means the State Coastal Conservancy;
Executive
Officer — means the Executive Officer of the Conservancy;
Restrictions — means the restrictions placed on the use of gill and tram-
mel nets in certain coastal waters of the State of Califor-
nia as set forth in Section 4 of the Act (Fish and Game
Code Section 8664.5(a), (b) and (c)), and in Section 3 of
Chapter 1298 of the Statutes of 1987 (Fish and Game
Code Section 8664.8);
Restricted
Areas — means subject to the Restrictions;
Loan
Program — means the loan program described herein pursuant to
Sections 3.5, 6 and 7 of the Act (Fish and Game Code
Section 3613(d), 8614(b) and (c), 8615; Public Re-
sources Code Sections 31 125 and 31125.5) as amended
by Section 7 of Chapter 1298 of the Statutes of 1987
(Fish and Game Code Section 8664.12);
Permittee — means a commercial fishing operator issued an exper-
imental gear permit by the California Department of Fish
and Game, pursuant to Sections 3 and 3.5 of the Act (Fish
and Game Code Sections 8612, 8613 and 8614) or pur-
suant to Section 4 of Chapter 1298 of the Statutes of 1987
(Fish and Game Code Section 8664.9);
Permit — means an experimental gear permit issued by the Cali-
fornia Department of Fish and Game pursuant to Sec-
tions 3 and 3.5 of the Act (Fish and Game Code Sections
86 1 2 , 86 1 3 and 8614) or pursuant to Section 4 of Chapter
1298 of the Statutes of 1987 (Fish and Game Code Sec-
tion 8664.9).
NOTE: Authority cited: Secfions 31102 and 31125.6(c), Public Resources Code,
Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12 (a) and
(b). Fish and Game Code; Section 15335.1(b), Government Code; and Sections
31125, 31125.5, 31125.6, 31 126 and 31127, Public Resources Code.
History
1 . New section filed 6-12-87 as an emergency; operafive 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 8,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-1 1-88 and filed 7-25-88
(Register 88, No. 32).
§ 1 3861 . Coordination and Consultation.
The Conservancy, with the participation of representatives of the De-
partment and the Department of Commerce, shall meet with representa-
tives of commercial fishing organizations selected by the Director that
have been affected by the restrictions to explain permit requirements,
loan application procedures, employment training opportunities, and any
other requirements and available funding sources that may be necessary
to carry out the Loan Program.
If a Permittee seeks a loan, the Department shall forward the applica-
tion to the Conservancy once the Permit is issued by the Department. The
Conservancy shall review the application consistent with the eligibility
criteria, loan limits, rates and terms, and procedures described in these
regulations.
NOTE: Authority cited: Public Resources Code, Sections 31 102 and 31 125.6(c),
Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c)
and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sec-
tions 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31 125. 6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
§ 13862. Eligibility Criteria.
(a) Loan applications submitted to the Conservancy shall be accompa-
nied by either:
Page 655
(4-1-90)
§ 13863
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
( J ) Prool'of a Permit approved by the Fish and Game Commission and
issued to the loan applicant by CDFG pursuant to Sections 3 and 3.5 of
the Act; or
(2) Proof of a Permit issued by CDFG with tiie advice of the Nearshore
Research Advisory Committee pursuant to Section 4 of Chapter J 298 of
the Statutes of 1987.
(b) Loan applications submitted to the Conservancy shall be accompa-
nied by proof of fish landings of target species by the loan applicant from
Restricted areas. Such proof shall be in the form of landing receipts is-
sued to applicant under Section 80J 1 of the Fish and Game Code.
(c) For loan applications for funds allocated under Public Resources
Code Section 31125(b)(2) for experimental gear used in portions of Dis-
trict 18 where restrictions on gill and trammel nets exist under Fish and
Game Code Section 8664.5, such applications shall be accompanied by
proof of issuance of a Permit for use within the area north of the line due
west of Point Sal in Santa Barbara County and proof of landings of hali-
but taken in an area between a line due west of Point Sal in Santa Barbara
County and a line due west of Point Sur in Monterey County between
January 1 , 1981 and June 1 , 1986. Such proof shall be in the form of land-
ing receipts issued to applicant under Section 801 1 of the Fish and Game
Code.
(d) All loan applications submitted with a permit issued pursuant to
Section 4 of Chapter 1 298 of the Statutes of 1987 must also be accompa-
nied by the following:
(1) Proof that the Permittee possessed a special permit which was is-
sued pursuant to Fish and Game Code Section 8610 as it read before the
enactment of Chapter 1245 of the Statutes of 1986 on September 26,
1986; and
(2) Proof of either of the following:
(A) That prior to September 28, 1987 the Permittee filed an appeal of
a denial of a special permit pursuant to former Section 8610 as it read
prior to its repeal; or
(B) That the Permittee's special permit is impacted by the restrictions
on fishing imposed by Section 3 of Chapter 1298 of the Statutes of 1987,
which proof can be provided in either of the following two forms:
1. Landing receipts issued to the Permittee pursuant to Section 801 1
of the Fish and Game Code which verify that the Permittee caught and
landed at least 500 pounds of halibut, 1000 pounds of white croaker, 500
pounds of shark, 500 pounds of starry flounder or 2000 pounds of any
combination of the above species in Districts 10 and 17 during the
1986-87 or 1987-88 permit year; or
2. Evidence that prior to September 28, 1987 the Permittee filed with
the Fish and Game Commission an appeal of a denial of a special permit,
pursuant to former Fish and Game Code Section 8610 as it read prior to
its repeal, and that such appeal was upheld by the Commission.
(e) The credit worthiness of the applicant shall be considered in deter-
mining the eligibihty of a loan applicant. The determination of credit
worthiness shall be in the sole discretion of the Conservancy which shall
utilize standard lending practices in investigating and in determining
credit worthiness.
NOTE: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 861 5 and 8664.9, Fish and
Game Code; Section 15335.1(b), Government Code; and Sections 31125,
31125.5, 31125.6, 31126 and 31127, Public Resources Code.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulafions
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
§ 13863. Loan Limits, Rates and Terms.
(a) The total amount of funds which will be loaned under the Loan Pro-
gram will not exceed $450,000.00.
(b) Out, of that part of the $450,000 that remains unencumbered on
April 1, 1988 no more than $100,000 in funds shall be allocated to the
Loan Program.
(c) Until January 1, 1989, priority will be given to applicants with a
Permit issued pursuant to Sections 3 and 3.5 of the Act. After January I,
1989 no preference will be given to any applicant on the basis of Permits
issued pursuant to Section 3 and 3.5 of the Act or Permits issued pursuant
to Section 4 of Chapter 1298 of the Statutes of 1987.
(d) No new loans shall be executed under the Loan Program on or after
January 1, 1990.
(e) Loan terms shall be established within the following parameters:
(1) The annual interest on the loan shall not exceed six (6) percent per
annum, compounded annually.
(2) The term of the loan shall not exceed the useful hfe of the equip-
ment to be purchased or used, but in no case shall the term exceed seven
(7) years.
(3) No loan applicant shall receive a loan in excess of $50,000 without
specific approval of the Board of the Conservancy.
(1) Subject to the parameters set forth in the immediately preceding
subsection, the Conservancy shall determine the annual interest rate, loan
term, period between payments, payment schedule, security and other
loan terms for each loan. The criteria for determining loan terms shall be:
(1) The credit worthiness of the applicant;
(2) The public benefits to be gained from the implementation of an ex-
perimental fishing gear permit;
(3) The economic risks to the loan applicant; and
(4) The amount of new information the operation of the gear will pro-
vide to the management of the fishery and the protection of other marine
resources.
NOTE: Authority cited: Sections 31 102 and 31 125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Section 15335.1(b), Government Code; and Sections 31125. 31125.5,
31125.6, 31126 and 31127, Public Resources Code; and Ch. 1298, Stats. 1987,
Section 13.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operafive 4-4-88 (Register 88,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-1 1-88 and filed 7-25-88
(Register 88, No. 32).
§ 13864. Applications and Disbursements.
The Conservancy shall review the loan application and accompanying
materials and notify the applicant that the Conservancy is reviewing the
alternative fishing gear loan request. The notification shall include the
terms of the proposed loan. The Conservancy shall negotiate the final
terms and conditions of the loan with the applicant.
Upon approval of the loan by the Conservancy, and upon the submittal
by the applicant of adequate documentation of equipment availability
and cost, the Conservancy shall authorize the disbursement of loan pro-
ceeds to the applicant.
NOTE: Authority cited: Sections 31 102 and 31 125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Secfion 15335.1(b), Government Code; and Sections 31125, 31125.5,
31125.6, 31126 and 31127, Public Resources Code.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
Page 656
(4-1-90)
Title 14
State Coastal Conservancy
§ 13870
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-23-88
(Register 88, No. 32).
§ 13865. Terminations and Buyback.
(a) Revocation of permits. If a Permit is revoked by the Department
and the Permittee has an outstanding loan with the Conservancy, the un-
paid balance of the loan shall be excused from the date of revocation if
the Permittee returns the experimental fishing gear financed in whole or
in part with the loan to the Department, in which case the Department
shall take possession of the experimental fishing gear for the Conservan-
cy.
Notwithstanding the above, if at the time of revocation the Legislature
has approved the permanent use of the type of gear, the Permittee shall
be responsible for any remaining balance on any outstanding loan with
the Conservancy.
(b) Voluntary Termination Within Six Months. Pursuant to Section 3.5
of the Act (Fish and Game Code Section 8615(a)), within the first six
months of operation pursuant to a Permit and after a reasonable and con-
certed effort to utilize a new type of commercial fishing gear, the Permit-
tee may request that the Permit be terminated if it is economically infeasi-
ble to harvest the target species or if the experimental gear is impractical,
inefficient, or ineffective within the fishery or regional area selected.
If the Department terminates the Permit and submits its findings to the
Conservancy, the Conservancy may terminate the Permittee's loan. If the
Department terminates the Permit under Fish and Game Code Section
8615(a)(2), and if the Permittee returns the experimental fishing gear fi-
nanced in whole or in part with the loan to the Department, the Conser-
vancy shall reimburse the Permittee from the loan fund for the principal
amount of the loan payments made by the Permittee. If the Department
terminates the Permit under Fish and Game Code Section 8615(a)(3), and
if the Permittee returns the experimental fishing gear financed in whole
or in part with the loan to the Department, Conservancy may reimburse
the Permittee for any loan payments made.
(c) Voluntary Termination After Six Months. If the Department termi-
nates the experimental gear permit after six (6) months or more of opera-
tion, the Conservancy may terminate the remaining balance on the loan
if the Permittee returns the experimental fishing gear to the Department,
but it shall not reimburse the Permittee for any loan payments made.
NOTE; Authority cited: Sections 31 102 and 31125.6(c), Public Resources Code.
Reference: Secfions 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5,
31 125.6, 31 126 and 31127, Public Resources Code.
History
1. New secfion filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Certificate of CompUance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
§13866. Disposition of Funds.
Funds returned to the Conservancy under the Loan Program, whether
from loan payments, proceeds of sale of experimental fishing gear or
otherwise, shall be returned to the State Coastal Conservancy Fund for
appropriation and expenditure for the purposes of Division 21 of the Pub-
lic Resources Code.
NOTE: Authority cited: Secfions 31102 and 31125.6(c), Public Resources Code,
Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Section 15335.1(b), Government Code; and Secfions 31011, 31125,
31125.5, 31 125.6, 31126 and 31127, Public Resources Code.
History
1 . New section filed 6-12-87 as an emergency; operafive 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Section 8 of the Act (Public Resources Code Section 31 125.6(c))
and in accordance with Government Code Secfion 1 1 346.2(a), these regulations
shall be effecuve upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Cerfificate of Compliance transmitted to OAL 7-11-8
(Register 88, No. 32).
and filed 7-25-8
§13867. Repeal of Regulations.
These regulations are automatically repealed as of January 1, 1990.
NOTE: Authority cited: Sections 31 102 and 31 125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Section 15335.1(b), Government Code; and Secfions 31125, 31125.5,
31 125.6, 31126 and 31 127, PubHc Resources Code,
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No. 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87,
Pursuant to Section 8 of the Act (Public Resources Code Section 31 125.6(c))
and in accordance with Government Code Section 1 1346.2(a), these regulafions
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42),
3, Amendment filed 4-4-88 as an emergency; operative 4-4-88 (Register 88,
No, 17), A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4, Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No, 32).
§ 1 3868. Exercise of Authority.
Except as expressly set forth herein, all actions, approvals and author-
ity by and of the Conservancy under these regulations shall be taken, giv-
en and exercised by the Executive Officer of the Conservancy pursuant
to delegations of authority by the Board of the Conservancy on May 22,
1987 and March 18, 1988.
NOTE: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code.
Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game
Code; Secfion 15335.1(b), Government Code; and Sections 31125, 31125.5,
31125.6, 31126 and 31127, Public Resources Code.
History
1. New section filed 6-12-87 as an emergency; operative 6-12-87 (Register 87,
No, 25). A Certificate of Compliance must be transmitted to OAL by 1 1-9-87.
Pursuant to Secfion 8 of the Act (Public Resources Code Section 31125.6(c))
and in accordance with Government Code Section 1 1 346.2(a), these regulations
shall be effective upon adoption by the Conservancy.
2. Certificate of Compliance filed 10-6-87 (Register 87, No. 42).
3. Amendment filed 4-4-88 as an emergency; operative 4^4-88 (Register 88,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-2-88.
4. Certificate of Compliance transmitted to OAL 7-11-88 and filed 7-25-88
(Register 88, No. 32).
Chapter 8. Contracting Process for Private
Architectural, Engineering, Environmental,
Land Surveying or Construction-Project
Management Firms
Article 1 . General Provisions
§13870. Definitions.
As used in these regulations:
(a) "Firm" means any individual, firm, partnership, corporation, asso-
ciation, or other legal entity permitted by law to practice the profession
of architecture, engineering, environmental services, land surveying, or
construction-project management.
(b) "Executive Officer" means the Executive Officer of the California
State Coastal Conservancy or his or her designee, as the person autho-
rized to contract for architectural, landscape architectural, engineering,
environmental, land surveying and construction-project management
services on behalf of the State Coastal Conservancy.
(c) "Architectural, landscape architectural, engineering, and land sur-
veying services," "construction-project management" and "environ-
mental services" have the respective meanings set forth in section 4525
of the Government Code.
(d) "Contractor" means a person, regardless of race, color, sex, ethnic
origin or ancestry, or any firm, partnership, corporation, or combination
thereof, whether or not a minority or women business enterprise, that of-
Page 657
Register 2000, No. 40; 10-6-2000
§ 13875
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
fers to perform or enters into a contract to provide architectural, land-
scape architectural, engineering, environmental, land surveying, or con-
struction-project management services, on behalf of the State of
California.
(e) The terms "disabled veteran" and "disabled veteran business enter-
prise (DVBE) shall have the respective meanings set forth in sections
999(f) and (g) of the Military and Veterans Code. The terms "minority,"
"minority business enterprise" (MBE), "woman business enterprise"
(WBE), and goal" shall have the respective meanings set forth in section
101 15. J of the Public Contract Code.
(f) "M/WBE" means minority business enterprise and/or women busi-
ness enterprise.
(g) "Small Business Firm" has the meaning set forth in section
14837(c) of the Government Code.
(h) "Good faith effort" means that a contractor has taken all of the steps
listed below:
(1) Made contact with the Conservancy to identify DA^BEs.
(2) Made contact with other state and federal agencies, and with local
D/VBE organizations to identify D/VBEs and MAVBEs.
(3) Advertised in trade papers and papers focusing on D/VBEs unless
the Conservancy's time limits do not allow.
(4) Submitted to D/VBEs invitations to bid or other offers to contract.
(5) Considered available D/VBEs.
NoTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Section 10115.3(b), Public Contract Code. Reference: Sec-
tions 4525 and 14837(c), Government Code. Sections 10115, 10115.1 and
101 15.2, Public Contract Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted
to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending section filed 5-13-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 20).
4. Change without regulatory effect amending subsections (h)(l)-(5) filed
10-2-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 40).
Article 2.
Procedures for Procuring
Services
§ 13875. Publication of Announcement.
(a) The Executive Officer shall annually publish an announcement of
expected needs for services of an architectural, landscape architectural,
engineering, land surveying, environmental or construction-project
management nature. The announcement shall be made in a statewide
publication of the respective professional societies and in the State Con-
tracts Register.
(b) The announcement shall contain the following information:
The contract identification number, a description of the work to be per-
formed; all submission deadlines for statements of qualification and oth-
er required steps in the contract process, including the location and esti-
mated duration of the contract, where appropriate; any eligibility
requirements and preferences; a statement that the contract will be
awarded without discrimination based on race, color, religion, sex or na-
tional origin; and the department, name, and telephone number of the
person or persons to contact for further submittal information.
NOTE: Authority cited: Secfion 31102, Public Resources Code. Section 4526,
Government Code. Reference: Sections 4526, 4527, 14827 and 14827.2, Govern-
ment Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment of subsec-
tions (a) and (b) and deletion of subsection (c), resubnutted to OAL 1 1-20-90,
approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending subsection (a) filed 5-13-99 pur-
suant to section 100, title I. California Code of Regulations (Resister 99. No.
20).
§13876. Selection Criteria.
The Executive Officer shall select contractors based on the following
criteria:
(1) demonstrated competence, including the firm's past experience
with similar projects; the education and experience of key personnel, in-
cluding principals to be assigned and the proposed level of their partici-
pation; the firm's capability to adequately analyze the project; the firm's
ability to meet the project schedule; the longevity of the firm and amount
of staff turnover; and the nature and quality of the firm's past completed
work.
(2) specialized qualifications for the services to be performed;
(3) small business status of the contractor submitting a statement of
qualification;
(4) D/VBEs status of a contractor submitting a statement of qualifica-
tion; and
(5) the good faith effort of the contractor to subcontract with D/VBEs
to assist the Conservancy in its efforts to meet statewide participation
goals for D/VBEs as set forth in Pubhc Contract Code section 10115.
These factors shall be weighed by the Executive Officer according to the
nature of the project, the needs of the Conservancy, and the complexity
and special requirements of the specific project.
NOTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Section 10115.3(b), Public Contract Code. Reference: Sec-
tions 4526 and 4527, Government Code. Section 101 15.2, Public Contract Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order, including amendment of subsec-
tion (a) and deletion of subsecfion (b), resubmitted to OAL 1 1-20-90, approved
and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending subsections (4) and (5) filed
5-1 3-99 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 99, No. 20).
4. Change without regulatory effect amending subsections (h)(4)-(5) filed
10-2-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 40).
§ 13877. Selection of Architectural, Landscape
Architectural Engineering, Environmental,
Land Surveying and Construction-Project
Management Firms.
For each proposed project, the Executive Officer shall evaluate state-
ments of qualifications and performance data on file with the Conservan-
cy, together with those statements that may be submitted by other firms
regarding a proposed project. The Executive Officer shall then request
any other necessary information from, and conduct discussions with, no
fewer than three firms regarding anticipated concepts and the relative
utility of alternative methods of approach for furnishing the required ser-
vices. To the maximum extent feasible consistent with the criteria estab-
lished under section 1 3876, small businesses and D/VBEs that have sub-
mitted statements of qualification to the Conservancy shall be included
among the firms with which these discussions are conducted. From the
firms with which discussions are held, the Executive Officer shall select
no fewer than three, in order of preference, based upon the criteria estab-
lished in section 1 3876, determined to be the most highly qualified to pro-
vide the services required.
NOTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Reference: Sections 4526 and 4527, Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted
to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending section heading and section filed
5-1 3-99 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 99, No. 20).
Page 658
Register 2000, No. 40; 10-6-2000
Title 14
State Coastal Conservancy
§ 13892
4. Change without regulatory effect amending section filed 10-2-2000 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2000, No. 40).
§13878. Negotiation of Contracts.
The Executive Officer shall attempt to negotiate a contract with the
best qualified firm at compensation whichthe Executive Officer deter-
mines is fair and reasonable to the State of California. If the Executive
Officer is unable to do so, negotiations with that firm shall be terminated.
The Executive Officer shall then proceed in the same fashion with the
other firms on the list established by the Executive Officer pursuant to
section 13877, in order of ranking. If the Executive Officer is unable to
negotiate a satisfactory contract with any of the selected firms, the Ex-
ecutive Officer may select additional firms in the manner prescribed
above and continue the negotiation process.
NOTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Reference: Sections 4526 and 4528, Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted
to OAL 1 1-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§13879. Emergency.
NOTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Reference: Section 4526, Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 1 20 days or
emergency language will be repealed by operation of law on 6^-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1 346.1(g), effective 6-1 1-90 (Register90, No. 34).
3. Certificate of Compliance as to 2-2-90 order resubmitted to OAL 11 -20-90,
approved and filed 12-19-90 (Register 91, No. 10).
§ 13880. Small Business Participation.
The Executive Officer shall provide to small business firms that have
indicated an interest copies of announcements for projects. Failure of the
Executive Officer to send a copy of an announcement to any firm shall
not invalidate any contract.
NOTE: Authority cited: Section 31102, Public Resources Code. Section 4526,
Government Code. Reference: Sections 4526 and 4528, Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including repeal of former section
13880, and renumbering and amendment of former section 13881 to section
13880, resubmitted to OAL 1 1-20-90, approved and filed 12-19-90 (Register
91, No. 10).
§ 13881 . Unlawful Activities and Conflict of Interest.
Practices which might result in unlawful activity, including, but not
limited to, rebates, kickbacks, or other unlawful consideration are pro-
hibited. Additionally, a Conservancy employee shall not participate in
the selection process if the employee has a relationship of a type specified
in section 87 1 00 of the Government Code, with a person or business enti-
ty seeking a contract subject to this chapter.
NOTE: Authority cited: Secfion 31102, Public Resources Code. Section 4526,
Government Code. Reference: Section 4526, Government Code.
History
1 . New section filed 2-2-90 as an emergency; operafive 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operafion of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order, including renumbering and
amendment of former section 13881 to section 13880 and renumbering of for-
mer section 13882 to section 13881, resubmitted to OAL 11-20-90, approved
and filed 12-19-90 (Register 91, No. 10).
§ 13882. Unlawful Activities and Conflict of Interest.
NOTE: Authority cited: Secfion 31102, Public Resources Code. Section 4526,
Government Code. Section 87100, Government Code. Reference: Section 4526,
Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code secfion 1 1 346. 1 (g), effective 6-1 1 -90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering of former
section 13882 to section 13881, resubmitted to OAL 1 1-20-90, approved and
filed 12-19-90 (Register 91, No. 10).
Article 3. Disabled Veteran Business
Enterprise Participation Goals for Contracts
with Private Architectural, Landscape
Architectural, Engineering, Land Surveying,
Construction-Project Management, and
Environmental Services Firms
§ 13890. Disabled Veteran and Minority and Women
Business Enterprise Goals.
Contracts awarded under this chapter shall have statewide participa-
tion goals of not less than three (3) percent for DVBEs as specified in
Public Contract Code section 1011 5.
NOTE: Authority cited: Section 31102, Public Resources Code. Section
101 15.3(b), Public Contract Code. Secfion 4526, Government Code. Reference:
Section 10115, Public Contract Code.
History
1 . New secfion filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 1 20 days or
emergency language will be repealed by operafion of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1346.1(g), effective 6-1 1-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including amendment resubmitted
to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
4. Change without regulatory effect amending article heading, section heading and
section filed 5-13-99 pursuant to section 100, fitle 1 , California Code of Regu-
lafions (Register 99, No. 20).
5. Change without regulatory effect amending article 3 heading and section filed
10-2-2000 pursuant to section 100, title 1, California Code of Regulafions
(Register 2000, No. 40).
§13891. Certification.
If a contractor proposes to utilize a D/VBE, the contractor shall ex-
ecute the following certification: "I hereby certify that, to the best of my
knowledge and belief, each firm listed as a D VBE meets the relevant def-
inition set forth in section 999(g) of the Military and Veterans Code and
has been certified as such by the Office of Small Business Certification
and Resources." MAVBE meets the relevant definition set forth in Public
Contract Code section 10115.1."
NOTE: Authority cited: Section 31102, Public Resources Code. Section
101] 5.3(b), Public Contract Code. Secfion 4526, Government Code. Reference:
Sections 10115, 10115.1, 10115.2, Public Contract Code. Section 4527, Govern-
ment Code.
History
1 . New secfion filed 2-2-90 as an emergency; operafive 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operafion of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-10-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1346. 1(g), effective 6-1 1-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including repeal of former section
13891, and renumbering and amendment of former section 13892 to section
13891, resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register
91, No. 10).
4. Change without regulatory effect amending secfion filed 5-1 3-99 pursuant to
section 100, title irCalifomia Code of Regulafions (Register 99, No. 20).
5. Change without regulatory effect amending secfion filed 10-2-2000 pursuant
to secfion 100, title 1, California Code of Regulafions (Register 2000, No. 40).
§ 13892. Contract Audits.
All contacts awarded by the Conservancy in accord with this chapter
shall include a provision which in substance provides the following:
Page 659
Register 2000, No. 40; 10-6-2000
§ 13893
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
The Conservancy or its delegatee may review, obtain, and copy all re-
cords pertaining to performance of the contract. The contractor shall pro-
vide the Conservancy or its delegatee with any relevant information re-
quested and shall permit the Conservancy or its delegatee access to its
premises, upon reasonable notice, during normal business hours for the
purpose of interviewing employees and inspecting and copying books,
records, accounts, and other material that may be relevant to a matter un-
der investigation for the purpose of determining compliance with PubJic
Contract Code section 10115 et seq., and title 1 4, California Code of Reg-
ulations, section 13870, et seq. The contractor shall maintain these re-
cords for a period of three years after final payment under the contract.
Note. Authority cited: Section 31102, Public Resources Code. Section
101 15.3(b), Public Contract Code. Section 4526, Government Code. Reference;
Sections 10115 and 101 15.3(a), Public Contract Code. Sections 4526 and 10532,
Government Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on 6^-90.
2. Certificate of Compliance as to 2-2-90 order, transmitted to OAL 5-1 0-90, dis-
approved by OAL on 6-1 1 -90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1 346. 1 (g), effective 6-1 1-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and
amendment of former section 13892 to section 13891 and renumbering and
amendment of former secfion 13893 to section 13892, resubmitted to OAL on
11 -20-90, approved and filed 12-19-90 (Register 91, No. 10).
§ 13893. Adjudicatory and Investigatory Procedures.
Nothing in these regulations shall be construed to impair the right of
the State of California in any respect to initiate adjudicatory or investiga-
tory procedures available under existing provisions of law or otherwise
lawfully available for the purpose of ensuring compliance with the re-
quirements of Public Contract Code section 101 15, et seq., and attendant
rules and regulations.
NOTE: Authority cited: Section 31102, Public Resources Code. Section
10115.3(b), Public Contract Code. Section 4526, Government Code. Reference:
Sections 10115 and 101 15.3(a), Public Conu-act Code. Section 4526, Government
Code.
History
1 . New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operauon of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5- 1 0-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code .section 1 1346.1(g), effective 6-1 1-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and
amendment of former section 13893 to section 13892 and renumbering and
amendment of former section 13894 to section 13893, resubmitted to OAL
1 1-20-90, approved and filed 12-19-90 (Register 91, No. 10).
§ 13894. Exemption for Certain Contracts.
NOTE; Authority cited: Section 31102, Public Resources Code. Section
101 15.3(b), Public Contract Code. Section 4526, Government Code. Reference:
Sections 101 15and 10115.2(c), Public Contract Code. Section 4526, Government
Code.
History
1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-1 0-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1 346. 1 (g), effective 6-] 1-90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and
amendment of former section 13893 to section 13892 and renumbering and
amendment of former section 13895 to secdon 13894, resubmitted to OAL
1 1-20-90, approved and filed 12-19-90 (Register 91, No. 10).
4. Change without regulatory effect repealing section filed 5-13-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 20).
§ 13895. Exemption for Certain Contracts.
NOTE: Authority cited: Section 31102, Public Resources Code. Sections
101 15.2(c), 101 1 5.3(b), Public Contract Code. Section 4526, Government Code.
Reference: Sections 10115, 10115.2, Public Contract Code. Secfion 4527, Gov-
ernment Code.
History
1 . New section filed 2-2-90 as an emergency; operafive 2-2-90 (Register 90, No.
6). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order transmitted to OAL 5-1 0-90, dis-
approved by OAL on 6-1 1-90 (Register 90, No. 34). Repealed by operation of
Government Code section 1 1 346. 1 (g), effect! ve 6-1 1 -90 (Register 90, No. 34).
3. Certificate of Compliance as to 2-2-90 order including renumbering and
amendment of former section 13895 to section 13894 resubmitted to OAL
11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
* * *
Page 660
Register 2000, No. 40; 10-6-2000
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.7. Santa Monica Mountains Conservancy
Vol. 19
XMOIVISOIM
^^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14 Santa Monica Mountains Conservancy Table of Contents
Division 5.7. Santa Monica Mountains Conservancy
Table of Contents
Page Page
Chapter 1 . Project Plans 661 § '-3950. General Purpose.
§ 13905. Content of Project Plans. Appendix B 661
Appendix C 661
Chapter 2. Santa Monica Mountains r^u ^ a n • * t ^- fv. -r^,
^ Chapter 4. Project Initiation 661
Conservancy — Conflict ot
Interest Code 661 Chapter 5. Project Plans 662
Page i (5-4-2001)
Title 14
Santa Monica Mountains Conservancy
§ 13950
Division 5.7. Santa Monica Mountains
Conservancy
•
Chapter 1. Project Plans
§ 13905. Content of Project Plans.
Depending on the type of project, all or part of the following shall be
required:
(a) A concise description of the project site, including site maps, topo-
graphic maps, soils and geological hazard maps, as appropriate, and a re-
gional location map.
(b) A listing of the governmental entities with jurisdiction over the
project.
(c) A statement of the planning objectives and principles sought to be
achieved by the project. The statement shall include a discussion of the
comparability of the project with all applicable local land use plans, its
conformity with the Santa Monica Mountains Comprehensive Plan, and
whether amendments to either local plans or the Comprehensive Plan are
required.
(d) A designation of and plan for the various land uses proposed.
Where applicable, this shall include a site building plan or information
concerning how such a site plan will be determined. The project plan may
include additional development guidelines, proposed conditions, cove-
nants and restrictions, and provision for plan flexibility in light of chang-
ing circumstances.
(e) A detailed site analysis need not be prepared for the project plan
unless it is material to the determination of whether the Conservancy
should embark on the project. In any case a detailed site analysis shall be
performed prior to actual development of any property acquired.
(f) A listing of the government agencies, organizations and private
parties consulted in the preparation of the project plan.
(g) An analysis of the economic feasibility of the proposed project.
NOTE: Authority cited: Section 33209, Public Resources Code. Reference: Sec-
tion 33200, et seq.. Public Resources Code.
History
1. New Chapter 1 (Section 13905) filed 3-8-82; effective thirtieth day thereafter
(Register 82, No. 1 1 ). For prior history, see Chapter 5 (Sections 14004-1401 5):
Registers 81, No. 47 and 80, No. 20.
Chapter 2. Santa Monica Mountains
Conservancy — Conflict of Interest Code
§ 13950. General Purpose.
The Political Reform Act, Government Code Section 81000, et seq.,
requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission has
adopted a regulation, 2 Cal. Code of Regs. Section 1 8730, which contains
the terms of a standard conflict of interest code. It can be incorporated by
reference and may be amended by the Fair Political Practices Commis-
sion after public notice and hearings to conform to amendments in the Po-
litical Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section
18730 and any amendments to it duly adopted by the Fair Political Prac-
tices Commission are hereby incorporated by reference and, along with
the attached Appendix in which members and employees are designated
and disclosure categories are set forth, constitute the conflict of interest
code of the Santa Monica Mountains Conservancy.
Designated employees shall file statements of economic interests with
the agency who will make the statements available for public inspection
and reproduction. (Gov. Code Section 81008). Upon receipt of the state-
ments of Conservancy Members and the Chief Executive Officer, the
agency shall make and retain a copy and forward the original of these
statements to the Fair Political Practices Commission. Statements for all
other designated employees will be retained by the agency.
Definitions
Jurisdiction — refers to the Santa Monica Mountains Zone as defined
by Public Resources Code Section 33105
Appendix B
Disclosure
Designated Position Ccilegoiy
Conservancy Members 1,2,3
Executive Director 1 , 2, 3
Deputy Director 1,2,3
Staff Counsel (s) 1, 2, 3
Division Chief(s) 1, 2. 3
Deputy Division Chief(s) 1, 2, 3
Conservancy Advisory Committee Members 1,2,3
Consultants* 1, 2, 3
Appendix C
General Provisions
When a designated employee is required to disclose investments and
business positions, and sources of income, he/she need only disclose in-
vestments in business entities and sources of income which do business
in the jurisdiction, plan to do business in the jurisdiction, or have done
business in the jurisdiction within the past two years. In addition to other
activities, a business entity is doing business within the jurisdiction if it
owns real property within the jurisdiction.
Designated employees shall disclose their financial interests pursuant
to the appropriate disclosure category as indicated in Appendix B.
Disclosure Categories
Category 1: All interests in real property.
Category 2: All investments and business positions in business enti-
ties, and income from any source which engages in land development,
construction or the acquisition, sale or lease of real property within the
defined Conservancy's jurisdiction.
Category 3: All investments and business positions in business entities
and sources of income of the type utilized by the Santa Monica Moun-
tains Conservancy to provide services, supplies or materials.
^Consultants shall be included in the list of designated employees and shall dis-
close pursuant to the broadest disclosure category in the code subject to the follow-
ing limitation:
The Executive Director may determine in writing that a particular consultant,
although a "designated Position," is hired to perform a range of duties that is lim-
ited in scope and thus is not required to fully comply with the disclosure require-
ments in this section. Such written determination shall include a description of the
consultant's duties and, based upon that description, a statement of the extent of
disclosure requirements. The Executive Officer's determination is a public record
and shall be retained for public inspection in the same manner and location as this
conflict of interest code.
NOTE: Authority and reference cited: Section 87300, Govemment Code.
History
1. New chapter 2 (section 13950 and Appendix) filed 7-1 5-81 ; effective thirtieth
day thereafter. Approved by Fair Political Practices Commission 5-4-81 (Reg-
ister 81, No. 29).
2. Change without regulatory effect amending section filed 2-20-92 pursuant to
section 100, fitle 1 , California Code of Regulations. Approved by Fair Political
Practices Commission 10-16-91 (Register 92, No. 13).
3. Amendment of secfion and appendices B and C filed 5-15-95; operative
6-14-95. Approved by Fair Political Practices Commission 3-20-95 (Register
95, No. 20).
4. Editorial correcfion (Register 95, No. 35).
Chapter 4. Project Initiation
NOTE: Authority cited: Sections 11373 and 11374, Govemment Code and Divi-
sion 23 (commencing with Section 33000), Public Resources Code. Reference:
Sections 11421 and 11422, Govemment Code.
History
1 . New Division 5.7 (Chapters 1-3, Sections 1 3950-1 3984, not consecutive) filed
12-9-77; effecfive thirtieth day thereafter (Register 77, No. 50).
2. Division 5.7 (Chapters 1-4, Sections 13950-13994, not consecutive) expired
by own terms per legislative mandate.
3. New Division 5.7 (Chapter 4, Sections 13996-14003 and Chapter 5, Sections
14004-14015) filed 5-16-80 as an emergency; effective upon filing (Register
80, No. 20). A Certificate of CompUance must be transmitted to OAH within
120 days or emergency language will be repealed on 9-14-80.
Page 661
Register 95, No. 35; 9-1-95
§ 13950 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
4. Chapter 4 (Sections 13996-14003) repealed by operation of Section HISTORY
lJ346.1(g), Government Code (Register 81, No. 47). 1. New Chapter 5 (Sections 14004-1 401 5) filed 5-1 6-80 as an emergency ;effec
tive upon filing (Register 80, No. 20). A Certificate of Compliance must be
transmitted to OAH within 120 days or emergency language will be repealed
on 9-14-80.
NOTE; Authority cited: Sections 11373 and 1 1 374, Government Code and Divi- 2. Chapter 5 (Sections 14004-14015) repealed by operation of Section
sion 23 (commencing with Section 33000). Public Resources Code. Reference: ^ 1346.1(g), Government Code (Register 81, No. 47).
Sections 11421 and 11422, Government Code.
Chapter 5. Project Plans
* * *
Page 662 Register 95, No. 35; 9 - 1 - 95
^ff>
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 5.8. San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy
Vol. 19
XMOIVISOIM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Table of Contents
Division 5.8.
San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy
Table of Contents
Page
Chapter 1. San Gabriel and Lower Los
Angeles Rivers and Mountains
Conservancy 662. l
§ 1 4020. Conflict of Interest Code.
Appendix A 662. 1
Appendix B 662.1
Chapter 2. Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms 662.1
Page
§ 14021.
Definitions.
§ 14022.
Selection Criteria.
§ 14023.
Announcement of Project.
§ 14024.
Selection of Qualified Firms.
§ 14025.
Estimate of Value of Services.
§ 14026.
Statewide Participation Goals.
§ 14027.
Negotiation.
§ 14028.
Amendments.
§ 14029.
Contracting in Phases.
§ 14030.
Executive Officer's Power to
Require Bids.
§ 14031.
Unlawful Consideration.
§ 14032.
Prohibited Relationships.
Page i
(4-19-2002)
Title 14
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
§ 14023
Division 5.8. San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy
Chapter 1 . San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy
§ 1 4020. Conflict of Interest Code.
The Political Reform Act, Government Code Section 81000. et seq.,
requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission has
adopted a regulation, Title 2 California Code of Regulations, Section
1 8730, which contains the terms of a standard Conflict of Interest Code,
which can be incorporated by reference, and which may be amended by
the Fair Political Practices Commission to conform to amendments to the
Political Reform Act after public notice and hearings. Therefore, the
terms of Title 2, California Code of Regulations, Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commis-
sion, along with the attached Appendix in which officials and employees
are designated and disclosure categories are set forth, are hereby incorpo-
rated by reference and constitute the Conflict of Interest Code of the San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
Designated employees shall file their statements of economic interests
with the San Gabriel and Lower Los Angeles Rivers and Mountains Con-
servancy. Upon receipt of the statements of members of the San Gabriel
and Lower Los Angeles Rivers and Mountains Conservancy, the Conser-
vancy shall make and retain copies and forward the original of these
statements to the Fair Political Practices Commission. Statements for all
other designated employees will be retained by the San Gabriel and Low-
er Los Angeles Rivers and Mountains Conservancy and made available
for public inspection and reproduction. (Gov. Code, § 81008).
NOTE: Authority cited: Section 87300, Government Code. Reference: Sections
87300-87302, Government Code.
History
1. New division 5.8, chapter 1 (section 14020), section and Appendices A and B
filed 5-14-2001; operative 6-13-2001. Approved by Fair Political Practices
Commission 4-3-2001 (Register 2001, No. 20).
Appendix A
Assigned Disclosure
Designated Positions Categories
Chairperson, Vice-Chairperson, all
Boaid Members and Designees
Consultants paid by the Conservancy^
Executive Officer
'With respect to consultants the Executive Officer, however, may determine in
writing that a particular consultant, although a "designated person," is hired to per-
form a range of duties that is limited in scope and thus is not required to fully com-
ply with the disclosure requirements described in this section. Such written deter-
mination shall include a description of the consultant's duties and, based upon that
description, a statement of the extent of disclosure requirements. The Executive
Officer's determination is a public record and shall be retained for public inspec-
tion in the same manner and location as this conflict of interest code.
Appendix B
Disclosure Categories
Category A
Persons in this category are required to report:
1) all real property or an interest in real property located within or not
more than two miles from the boundaries of Los Angeles and
Orange Counties.
2) all investments, sources of income, and business positions in enti-
ties which are of the type which provide goods, services, equip-
ment, leased space, materials, supplies or machinery to the Conser-
vancy.
Chapter 2. Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§14021. Definitions.
(a) '"Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the profes-
sions of architecture, landscape architecture, engineering, environmental
services, land surveying or construction project management.
(b) "Small Business" means a firm that complies with the provisions
of Government Code Section 14837.
(c) "Executive Officer" means the Executive Officer of the San Ga-
briel and Lower Los Angeles Rivers Conservancy.
(d) "Conservancy" means the San Gabriel & Lower Los Angeles Riv-
ers and Mountains Conservancy, established pursuant to the provisions
of the Public Resources Code, commencing with Section 32600.
(e) "Architectural, landscape architectural, engineering, environmen-
tal, land surveying services" and "construction project management"
means those services, as defined in Section 4525 of the Government
Code.
(f) The term "Disabled Veteran Business Enterprise" shall have the
meaning set forth in Section 999 of the Military and Veterans Code.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New chapter 2 (sections (14021-14032) and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2).
§14022. Selection Criteria.
The Executive Officer shall utilize selection criteria for each proposed
project which will comprise the basis for the selection of eligible firms
to perform the required services. The criteria shall include such factors
as:
(a) Professional experience of the firm in performing services of simi-
lar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated
with the services required.
(g) Specialized experience of the firm in the services to be performed,
(h) Participation as small business firm.
(i) Other factors the Executive Officer deems relevant to the specific
task to be performed.
These factors shall be weighted by the Execufive Officer according to
the nature of the proposed project, the complexity and special require-
ments of the specific services or project, and the needs of the Conservan-
cy.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14023. Announcement of Project.
(a) A statewide announcement of each proposed project shall be pub-
lished in the California State Contracts Register, in accordance with the
Government Code (commencing with Section 14825), and through the
publicafions of the respecfive professional sociefies. Failure of any pro-
fessional society to publish the announcement shall not invalidate any
contract.
(b) The announcement for each proposed project shall include, as a
minimum, abrief description ofthe services required, location, duration,
eligibility and preferences, submittal requirements, contact person for
the Conservancy, and the final response date for receipt of statements
Page 662.1
Register 2002, No. 2; 1 - 11 -2002
§ 14024
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
from firms of their demonstrated competence and professional qualifica-
tions.
(c) The Executive Officer shall identify potentially qualified small
business firms interested in contracting with the Conservancy, and pro-
vide copies of project announcements to those small business firms that
have indicated an interest in receiving the announcements. Failure of the
Executive Officer to send a copy of an announcement to any firm shall
not invalidate any contract.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14024. Selection of Qualified Firms.
(a) After the expiration of the final response date in the published proj-
ect announcement, the Executive Officer shall review and evaluate the
written statements of demonstrated competence and professional qualifi-
cations using the selection criteria contained in Section 14022 of these
regulations, and rank, in order of preference, the firms determined to be
eligible to perform the required services.
(b) The Executive Officer shall conduct discussions with at least the
three most eligible firms, about anticipated concepts and the benefit of
alternative methods for furnishing the required services. From the firms
with which discussions are held, the Executive Officer shall select, in or-
der of preference, not less than three firms deemed to be the most highly
qualified to perform the required services.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operafive 2-8-2002 (Register 2002, No. 2).
§ 14025. Estimate of Value of Services.
(a) Before entering into discussion with any firm selected pursuant to
section 14024 of these regulations, the Executive Officer shall prepare,
or direct the preparation of, an estimate of the value of the proposed proj-
ect, based upon accepted rates for comparable services. The estimate will
serve as a guide in determining fair and reasonable compensation in the
negotiation of a satisfactory contract in accordance with the provisions
of section 14027 of these regulations, and shall not be disclosed until after
the award of the contract or the abandonment of the negotiation process
for the services to which it relates.
(b) At any time that the Executive Officer determines the estimate of
value of services to be unrealistic for any reason, the Executive Officer
shall require the estimate to be reevaluated and, if deemed necessary, mo-
dified.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14026. Statewide Participation Goals.
In the negotiation of a satisfactory contract as provided in section
14027 of these regulations, the best qualified firm must meet the state-
wide participation goal of not less than 3 percent for disabled veteran
business enterprises, or demonstrate that a good faith effort was made to
meet it, in order to comply with the statewide participation goals as re-
quired by the regulations contained in Title 2, California Code of Regula-
tions, Sections 1896.61-1896.64.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14027. Negotiation.
(a) From among the firms selected through the procedure described in
section 14024 of these regulations, as those most highly qualified to per-
form the services required, the Executive Officer shall attempt to negoti-
ate a satisfactory contract with the best qualified firm at a compensation
which the Conservancy determines is fair and reasonable.
(b) If the Executive Officer is unable to negotiate a satisfactory con-
tract with the best qualified firm at a compensation which the Conservan-
cy determines is fair and reasonable, negotiations with that firm shall be
terminated and negotiations undertaken with the second best qualified
firm. If the Executive Officer is unable to negotiate a satisfactory contract
with the second best qualified firm at a compensation which the Conser-
vancy determines is fair and reasonable, then negotiations with that firm
shall be terminated and negotiations undertaken with the third best quali-
fied firm. If the Executive Officer is unable to negouate a sadsfactory
contract with the third best qualified firm at a compensafion which the
Conservancy determines is fair and reasonable, negotiations with that
firm shall be terminated.
(c) If the Executive Officer is unable to negotiate a satisfactory con-
tract in accordance with subsections (a) and (b) immediately above, the
Executive Officer shall confinue the negotiations process with the re-
maining qualified firms, if any, in order of preference, until a satisfactory
contract is reached. If unable to negotiate a satisfactory contract with any
of the qualified firms, the Executive Officer shall abandon the negoti-
ation process for the requested services.
NotE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14028. Amendments.
If the Executive Officer determines that a change in the contract is nec-
essary during the performance of the services being provided, then the
contracting parties may, by mutual consent, in writing, agree to modifica-
tions, additions or deletions in the contract terms, conditions and specifi-
cafions for the services involved, with a reasonable adjustment also in the
compensafion provided for the services.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14029. Contracting in Phases.
If the Executive Officer determines it is necessary or desirable for the
project to be performed in separate phases, the Executive Officer may ne-
gotiate a partial compensafion for the initial phase of the services re-
quired; provided, however, that the Executive Officer first determines
that the firm selected is best qualified to perform the enfire project. The
contract shall include a provision that the Conservancy may, at its option,
ufilize the firm to perform other phases of the services at a compensation
which the Conservancy determines is fair and reasonable, to be later ne-
gotiated and included in a mutually acceptable written agreement. In the
event that the Conservancy exercises its option under the contract to ufi-
lize the firm to perform other phases of the project, the procedures of this
Chapter with regard to estimates of value of services and negotiation
shall similarly be followed.
NotE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14030. Executive Officer's Power to Require Bids.
If the Executive Officer determines that the services are technical in
nature and involve little professional judgement and that requiring bids
would be in the public interest, a contract shall be awarded on the basis
of competitive bids and not the procedures of this Chapter.
NotE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§14031. Unlawful Consideration.
Each contract shall include a provision by which the contracting firm
warrants to the state that the contract was not obtained or secured through
rebates, kickbacks or other unlawful consideration either promised or
paid to any Conservancy officer or employee. Failure to adhere to this
Page 662.2
Register 2002, No. 2; 1-11-2002
Title 14 San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy § 14032
warranty may be cause for contract termination and recovery of damages in the evaluation or selection process leading to award of a contract shall
under the rights and remedies due the Conservancy under the default pro- have a relationship with any of the firms seeking that contract, if that rela-
visions of the contract. tionshipissubjectto the prohibitionofGovernmentCodeSection 87100.
NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec- NOTE: Authority cited: Section 32613, Public Resources Code. Reference: Sec-
tion 32614, Public Resources Code. tion 32614, Public Resources Code.
History History
1 . New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2). i. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 14032. Prohibited Relationships.
No Conservancy employee, officer or Board member who participates
* * *
Page 662.3 Register 2002, No. 2; 1 - 1 1 - 2002
JBBl
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 6. Resources Agency
Vol. 19
THOIVISOM
^^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor » San Francisco, CA 94105
800-888-3600
Title 14
Resources Agency
Table of Contents
Division 6. Resources Agency
Table of Contents
Page
Page
Article 1.
§ 14100.
§ 14101.
§ 14102.
Article 2.
§ 14110.
§ 14110.1.
§ 14111.
§ 14112.
§ 14113.
§ 14114.
§ 14115.
§ 14116.
§ 14117.
§ 14118.
§ 14119.
§ 14120.
Article 3.
§ 14125.
Chapter 2.5.
Chapter 3.
Definitions 663
Definitions.
"Act" Defined.
Terms Defined.
General Provisions 663
Filing of Application Reports.
County Filing of Applicafion
Reports for Lands Within Cifies.
Material to Accompany Application
Reports.
Determination of Eligibility.
Computation of the Amount of
Entitlement.
Retention of Computafions.
Incomplete Application Records.
Review by Secretary.
Certification of Payment.
Adjustments.
Determination of Ineligibility;
Failure to Enforce.
Hearings.
Special Provisions 664.2
Waiver of Cancellation Fee for
Terminating Open Space Easements
and Agricultural Preserve Contracts.
Dredging Projects in
San Francisco Bay . .
664.3
§ 15044.
Authority to Comment.
§ 15045.
Fees.
Article 4.
Lead Agency 668
§ 15050.
Lead Agency Concept.
§ 15051.
Criteria for Identifying the Lead
Agency.
§ 15052.
Shift in Lead Agency Designation.
§ 15053.
Designation of Lead Agency by the
Office of Planning and Research.
Article 5.
Preliminary Review of
Projects and Conduct of
Initial Study 669
§ 15060.
Preliminary Review.
§ 1.5060.5.
Preappli cation Consultation.
§ 15061.
Review for Exemption.
§ 15062.
Notice of Exemption.
§ 15063.
Initial Study.
§ 15064.
Determining the Significance of the
Environmental Effects Caused by a
Project.
§ 15064.5.
Determining the Significance of
Impacts to Archaeological and
Historical Resources.
§ 15064.7.
Thresholds of Significance.
§ 15065.
Mandatory Findings of
Significance.
Article 6.
Negative Declaration
Process 675
Guidelines for Implementation of
the California Environmental
Quahty Act 664.3
664.3
Article 1.
General 6
§ 15000.
Authority.
§ 15001.
Short Title.
§ 15002.
General Concepts.
§ 15003.
Policies.
§ 15004.
Time of Preparation.
§ 15005.
Terminology.
§ 15006.
Reducing Delay and Paperwork.
§ 15007.
Amendments.
Article 2.
General Responsibilities
§ 15020.
General.
§ 15021.
Duty to Minimize Environmental
Damage and Balance Competing
Public Objectives.
§ 15022.
Public Agency Implementing
Procedures.
§ 15023.
Office of Planning and Research
(OPR).
§ 15024.
Secretary for Resources.
§ 15025.
Delegation of Responsibilities.
Article 3.
Authorities Granted to
Public Agencies by CEQA
§ 15040.
Authority Provided by CEQA.
§ 15041.
Authority to Mitigate.
§ 15042.
Authority to Disapprove Projects.
§ 15043.
Authority to Approve Projects
Despite Significant Effects.
666
667
§ 15070. Decision to Prepare a Negative or
Mitigated Negative Declaration.
§ 15071. Contents.
§ 15072. Notice of Intent to Adopt a Negative
Declaration or Mitigated Negative
Declaration.
§ 15073. Public Review of a Proposed
Negative Declaration or Mitigated
Negative Declarafion.
§ 15073.5. Recirculation of a Negative
Declaration Prior to Adoption.
§ 15074. Consideration and Adoption of a
Negative Declarafion or Mitigated
Negative Declaration.
§ 15074.1. Substitution of Mitigation Measures
in a Proposed Mitigated Negative
Declaration.
§ 15075. Notice of Determination on a
Project for Which a Proposed
Negative or Mitigated Negative
Declaration Has Been Approved.
Article 6.5. Statutory Exemptions 678
Article 7. EIR Process 678
§ 15080. General.
§ 15081 . Decision to Prepare an EIR.
§ 15081 .5. ElRs Required by Statute.
§15082. Notice of Preparation and
Determination of Scope of EIR.
§15083. Early Public Consultation.
§ 15083.5. City or County Consultation with
Water Agencies. [Repealed]
§15084. Preparing the Draft EIR.
§15085. Notice of Completion.
Page i
(10-5-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
S 15086.
Consultation Concerning Draft EIR.
S 15087.
Public Review of Draft EIR.
§ 15088.
Evaluation of and Response to
Comments.
§ 15088.5.
Recirculation of an EIR Prior to
Certification.
§ 15089.
Preparation of Final EIR.
§ 15090.
Certification of the Final EIR.
§ 15091.
Findings.
§ 15092.
Approval.
§ 15093.
Statement of Overriding
Considerations.
S 15094.
Notice of Determination.
S 15095.
Disposition of a Final EIR.
§ 15096.
Process for a Responsible Agency.
§ 15097.
Mitigation Monitoring or Reporting.
Article 8.
Time Limits
§ 15100.
General.
§ 15101.
Review of Application for
Completeness.
§ 15102.
Initial Study.
§ 15103.
Response to Notice of Preparation.
§ 15104.
Convening of Meetings.
§ 15105.
Public Review Period for a Draft
EIR or a Proposed Negative
Declaration or Mitigated Negative
Declaration.
§15106.
Review by State Agencies.
§15107.
Completion of Negative Declaration
for Certain Private Projects.
§ 15108.
Completion and Certification of
EIR.
§ 15109.
Suspension of Time Periods.
§ 15110.
Projects with Federal Involvement.
§ 15111.
Projects with Short Time Periods for
Approval.
§15112.
Statutes of Limitations.
Article 9.
Contents of Environmental
Impact Reports
§ 15120.
General.
§ 15121.
Informational Document.
§ 15122.
Table of Contents or Index.
§ 15123.
Summary.
§ 15124.
Project Description.
§ 15125.
Environmental Setting.
§ 15126.
Consideration and Discussion of
686
Environmental Impacts.
§ 15126.2. Consideration and Discussion of
Significant Environmental Impacts.
§ 15126.4. Considerafion and Discussion of
Mitigation Measures Proposed to
Minimize Significant Effects.
§ 15126.6. Considerafion and Discussion of
Alternatives to the Proposed
Project.
§ 15146.
§ 15147.
§ 15148.
§ 15149.
§ 15150.
§ 15151.
§ 15152.
§ 15153.
§ 15154.
§ 15155.
Article 11.
§ 15160.
§ 15161.
§ 15162.
§ 15163.
§ 15164.
§ 15165.
§ 15166.
§ 15167.
§ 15168.
§ 15169.
§ 15170.
Article n.5.
§ 15175.
§ 15176.
§ 15177.
§ 15178.
§ 15179.
§ 15179.5.
Article 12.
§ 15180.
§ 15181.
§ 15182.
§ 15183.
§ 15184.
§ 15185.
§ 15186.
§ 15187.
§ 15127.
Limitadons on Discussion of
Environmental Impact.
§ 15128.
Effects Not Found to Be
Significant.
§ 15129.
Organizations and Persons
Consulted.
§ 15130.
Discussion of Cumulafive Impacts.
§15131.
Economic and Social Effects.
§ 15132.
Contents of Final Environmental
Impact Report.
Article 10.
Considerations in Preparing
EIRs and Negative
Declarations
§ 15140.
Wrifing.
§15141.
Page Limits.
§ 15142.
Interdisciplinary Approach.
§ 15143.
Emphasis.
§ 15144.
Forecasting.
§ 15145.
Speculation.
693
§ 15188.
§ 15189.
§ 15190.
§ 15190.5.
Article 12.5.
§ 15191.
§ 15192.
§ 15193.
§ 15194.
§ 15195.
Page
Degree of Specificity.
Technical Detail.
Citation.
Use of Registered Professionals in
Preparing EIRs.
Incorporation by Reference.
Standards for Adequacy of an EIR.
Tiering.
Use of an EIR from an Earlier
Project.
Projects Near Aiiports.
City or County Consultauon with
Water Agencies.
Types of EIRs 697
General.
Project EIR.
Subsequent EIRs and Negative
Declarations.
Supplement to an EIR.
Addendum to an EIR or Negative
Declaration.
Multiple and Phased Projects.
EIR As Part of a General Plan.
Staged EIR.
Program EIR.
Master Environmental Assessment.
Joint EIR-EIS.
Master Environmental Impact
Report 700
Master EIR.
Contents of a Master EIR.
Subsequent Projects Within the
Scope of the MEIR.
Subsequent Projects Identified in the
MEIR.
Limitations on the Use of the Master
EIR.
Focused EIRs and Small Projects.
Special Situations 702
Redevelopment Projects.
Housing and Neighborhood
Commercial Facilities in Urbanized
Areas.
Residenfial Projects Pursuant to a
Specific Plan.
Projects Consistent with a
Community Plan, General Plan, or
Zoning.
State Mandated Local Projects.
Administrative Appeals.
School Facilifies.
Environmental Review of New
Rules and Regulafions.
Focused EIR for Pollution Control
Equipment.
Compliance with Performance
Standard or Treatment Requirement
Rule or Regulafion.
Deadlines for Compliance with
Sections 15188 and 15189.
Department of Defense Notification
Requirement.
Exemptions for Agricultural
Housing, Affordable
Housing, and Residential
Infill Projects 704.2
Definifions.
Threshold Requirements for
Exemptions for Agricultural
Housing, Affordable Housing, and
Residenfial Infill Projects.
Agricultural Housing Exemption.
Affordable Housing Exemption.
Residential Infill Exemption.
Page ii
(10-5-2007)
Title 14
Resources Agency
Table of Contents
Page
Page
§ 15196.
Article 13.
§ 15200.
$ 15201.
§ 15202.
§ 15203.
§ 15204.
§ 15205.
§ 15206.
§ 15207.
§ 15208.
§ 15209.
Notice of Exemption for
Agricultural Housing, Affordable
Housing, and Residential Infill
Projects.
Review and Evaluation of
EIRs and Negative
Declarations
704.6
Purposes of Review.
Public Participation.
Public Hearings.
Adequate Time for Review and
Comment.
Focus of Review.
Review by State Agencies.
Projects of Statewide, Regional, or
Areawide Significance.
Failure to Comment.
Retention and Availability of
Comments.
Comments on Initiative of Public
Agencies.
Article 14.
Projects Also Subject to the
National Environmental
Policy Act (NEPA) 707
§ 15220.
General.
§ 15221.
NEPA Document Ready Before
CEQA Document.
§ 15222.
Preparation of Joint Documents.
§ 15223.
Consultation with Federal Agencies.
§ 15224.
Time Limits.
§ 15225.
Circulation of Documents.
§ 15226.
Joint Activities.
§ 15227.
State Comments on a Federal
Project.
§ 15228.
Where Federal Agency Will Not
Cooperate.
§ 15229.
Baseline Analysis for Military Base
Reuse Plan EIRs.
Article 15.
Litigation 709
§ 15230.
Time Limits and Criteria.
§15231.
Adequacy of EIR or Negative
Declaration for Use by Ixad and
Responsible Agencies.
§ 15232.
Request for Hearing.
§ 15233.
Conditional Permits.
Article 16.
EIR Monitor 709
§ 15240.
EIR Monitor.
Article 17.
Exemption for Certified
State Regulatory Programs 709
§ 15250.
General.
§ 15251.
List of Certified Programs.
§ 15252.
Substitute Document.
§ 15253.
Use of an EIR Substitute by a
Responsible Agency.
Article 18.
Statutory Exemptions 711
§ 15260.
General.
§ 15261.
Ongoing Project.
§ 15262.
Feasibility and Planning Studies.
§15263.
Discharge Requirements.
§ 15264.
Timberland Preserves.
§ 15265.
Adoption of Coastal Plans and
Programs.
§ 15266.
General Plan Time Extension.
§ 15267.
Financial Assistance to Low or
Moderate Income Housing.
§ 15268.
Ministerial Projects.
§ 15269.
Emergency Projects.
§ J 52 70.
Projects Which Are Disapproved.
§ 15271.
Eariy Activities Related to Thermal
§ 15272.
Power Plants.
Olympic Games.
§ 15273.
Rates, Tolls, Fares, and Charges.
§ 15274.
Family Day Care Homes.
§ 15275.
Specified Mass Transit Projects.
§ 15276.
Transportation Improvement and
Congestion Management Programs.
§ 15277.
Projects Located Outside California.
§ 15278.
Application of Coatings.
§ 15279.
Housing for Agricultural
Employees.
§ 15280.
Lower-Income Housing Projects.
§ 15281.
Air Quality Permits.
§ 15282.
Other Statutory Exemptions
§ 15283.
Housing Needs Allocation.
§ 15284.
Pipelines.
§ 15285.
Transit Agency Responses to
Revenue Shortfalls.
Article 19.
Categorical Exemptions
714.2
§ 15300.
Categorical Exemptions.
§ 15300.1.
Relation to Ministerial Projects.
§ 15300.2.
Exceptions.
§ 15300.3.
Revisions to List of Categorical
Exemptions.
§ 15300.4.
Application by Public Agencies.
§ 15301.
Existing Facilities.
§ 15302.
Replacement or Reconstruction.
§ 15303.
New Construction or Conversion of
Small Structures.
§ 15304.
Minor Alterations to Land.
§ 15305.
Minor Alterations in Land Use
Limitations.
§ 15306.
Information Collection.
§ 15307.
Actions by Regulatory Agencies for
Protection of Natural Resources.
§ 15308.
Actions by Regulatory Agencies for
Protection of the Environment.
§ 15309.
Inspections.
§ 15310.
Loans.
§ 15311.
Accessory Structures.
§ 15312.
Surplus Government Property Sales.
§15313.
Acquisition of Lands for Wildlife
Conservation Purposes.
§ 15314.
Minor Additions to Schools.
§ 15315.
Minor Land Divisions.
§ 15316.
Transfer of Ownership of Land in
Order to Create Parks.
§ 15317.
Open Space Contracts or
Easements.
§ 15318.
Designation of Wilderness Areas.
§ 15319.
Annexations of Existing Facilities
and Lots for Exempt Facilities.
§ 15320.
Changes in Organization of Local
Agencies.
§ 15321.
Enforcement Actions by Regulatory
Agencies.
§ 15322.
Educational or Training Programs
Involving No Physical Changes.
§ 15323.
Normal Operations of Facilities for
Public Gatherings.
§ 15324.
Regulations of Working Conditions.
§ 15325.
Transfers of Ownership in Land to
Preserve Existing Natural
Conditions and Historical
Resources.
§ 15326.
Acquisition of Housing for Housing
Assistance Programs.
§ 15327.
Leasing New Facilities.
§ 15328.
Small Hydroelectric Projects at
Existing Facilities.
§ 15329.
Cogeneration Projects at Existing
Facilities.
§ 15330.
Minor Actions to Prevent,
Minimize, Stabilize, Mitigate or
Eliminate the Release or Threat of
Release of Hazardous Waste or
Hazardous Substances.
§ 15331.
Historical Resource
Restoration/Rehabilitation.
Page iii
(lft-5-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 15332.
In-Fill Developmeni Projects.
§ 15333.
Small Habitat Restoration Projects.
Article 20.
Definitions
§ 15350.
General.
§ 15351.
Applicant.
§ 15352.
Approval.
§ 15353.
CEQA.
§ 153.54.
Categorical Exemption.
§ 15355.
Cumulative Impacts.
§ 15356.
Decision-Making Body.
§ 15357.
Discretionary Project
g 15358.
Effects.
§ 15359.
Emergency.
§ 15360.
Environment.
§ 15361.
Environmental Documents.
§ 15362.
EIR — Environmental Impact
Report.
§ 15363.
EIS — Environmental Impact
Statement.
§ 15364.
Feasible.
§ 15365.
Initial Study.
§ 15366.
Jurisdiction by Law.
§ 15367.
Lead Agency.
§ 15368.
Local Agency.
§ 15369.
Ministerial.
§ 15369.5.
Mitigated Negative Declaration.
i^ 15370.
Mitigation.
§15371.
Negative Declaration.
§ 15372.
Notice of Completion.
§ 15373.
Notice of Determination.
§ 15374.
Notice of Exemption.
714.8
Chapter 4.
§15375. Notice of Preparation.
§ 15376. Person.
§15377. Private Project.
§ 15378. Project.
§15379. Public Agency.
§ 15380. Endangered, Rare or Threatened
Species.
§15381. Responsible Agency.
§ 15382. Significant Effect on the
Environment.
§ 15383. State Agency.
§15384. Substantial Evidence.
§ 15385. Tiering.
§ 15386. Trustee Agency.
§ 15387. Urbanized Area.
Appendix A 714.13
Appendix B 714.14(b)
Appendix C Notice of Completion & Environmental
Document Transmittal 714.14(c)
Appendix D Notice of Determination 714.14(e)
Appendix E 714.14(f)
Appendix F 714.15
Appendix G Environmental Checklist Form 714.16
Appendix H 714.26
Appendix I Notice of Preparation 714.26
Appendix J Examples of Tiering EIR 's 714.28
Appendix K 714.29
Appendix L Notice of Completion of Draft EIR .... 714.30
Resources Agency — Conflict of
Interest Code 714.30
Page iv
(10-5-2007)
Title 14
Resources Agency
§ 14111
Division 6. Resources Agency
Article 1. Definitions
§14100. Definitions.
AIJ terms defined by Chapters 1 and 2, Statutes of 1 971, First Extraor-
dinary Session, and any amendments thereto, shall for the purpose of
these rules and regulations be deemed to be used with the same force and
effect as in said chapters except as expressly modified herein.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
History
1. New Division 6 (Chapter §§ 14100 through 14125, not consecutive) filed
7-12-72; effective thirtieth day thereafter (Register 72, No. 29).
2. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
40).
3. Repealer of foreword for division 6 and amendment of Note filed 5-19-2000;
operative 6-18-2000 (Register 2001, No. 3).
§14101. "Act" Defined.
"Act" as used in these rules and regulations consists of Sections
16140-16154, 51200-51297.4, 66474.4, 65563, 65570 of the Govern-
ment Code, Section 3332 1 .5 of the Health and Safety Code, and Sections
421-430.5 of the Revenue and Taxation Code and any amendments
thereto.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
History
1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000
(Register 2001, No. 3).
3. Amendment filed 1-21-2003; operative 1-21-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 4).
§ 14102. Terms Defined.
As used in these regulations, the following terms shall have the mean-
ings noted:
(a) "Secretary" means the Secretary for Resources, State of California.
(b) "Governing Body" means the governing body of any county, city,
or city and county.
(c) "Authorized Representative" means the individual appointed and
authorized by resolution of the governing body to act on behalf of the
governing body.
(d) "Effective Date" means the last day on which an instrument meet-
ing requirements under Section 422 of the Revenue and Taxation Code
can be signed or accepted and recorded, and the instrument is effective
for assessment purposes and state payment in the forthcoming fiscal year.
(e) "Application Report" means the application and the accompanying
material described in these regulations submitted to the Secretary for the
determination of the eligibility and entitlement of a governing body for
state payments under the Open Space Subvention Act.
(f) "Contract," "Agreement," "Scenic Restriction," and "Open Space
Easement," shall have the meanings as defined in Section 421 of the Rev-
enue and Taxation Code.
(g) "Enforceable Restriction" shall have the meaning as defined in
Section 422 of the Revenue and Taxation Code.
(h) "Prime agricultural land" has the same meaning as provided in
Government Code section 51201(c).
(i) "Director" shall mean the Director of the Department of Conserva-
tion.
(j) "Continuing" contract shall mean a contract that is not undergoing
nonrenewal.
(k) "Non-prime land" shall mean any land other than prime agricultur-
al land.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16142, 16144, 16154 and 65570, Government Code.
History
1. New subsections (h)-(i) and new Note filed 5-19-2000; operafive 6-18-2000
(Register2001,No. 3).
2. New subsection (k) filed 1-21-2003; operative 1-21-2003 pursuant to Govern-
ment Code section 1 1343.4 (Register 2003, No. 4).
Article 2. General Provisions
§ 14110. Filing of Application Reports.
Application reports for state payment shall be filed with the Secretary
on or before October 3 1 of the year in which application is made accord-
ing to instructions and on forms provided by the Secretary.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Section 16144, Government Code.
History
1. New Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§ 1 41 1 0.1 . County Filing of Application Reports for Lands
Within Cities.
A county may claim on its application restricted acreage within the
boundaries of a city, if:
(a) the county and each affected city adopt concurrent resolutions au-
thorizing the county to claim restricted acreage on behalf of the city, and
acknowleging a joint responsibility to enforce the contracts pursuant to
section 51251 of the Government Code;
(b) each affected city shall include in the resolution required by sub-
section (a) verification that rules governing administration of the con-
tracts, pursuant to Government Code Section 5 1 23 1 , have been adopted;
(c) the county shall identify the city contract lands and participating
cities on the county application and map, and;
(d) the county shall include the resolutions and map with each applica-
tion report pursuant to Section 14110.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Secfions 16142, 16144, 16154 and 65570, Government Code.
History
1. New section filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§ 1 41 1 1 . Material to Accompany Application Reports.
Each applicadon report filed with the Secretary shall include the fol-
lowing material:
(a) A resolufion by the governing body authorizing the filing of the re-
port and designating an authorized representative.
(b) A tabulafion on Forms 100 (4/01), 101 (8/02), 102 (8/02), 102A
(4/01), 103 (8/02), 104 (4/01), 105 (4/01), 106 (4/01), 107 (4/01), 108
(4/01), 109(4/01), 110(4/01), 111(4/01), 112(4/01), 113 (8/02),and 114
(4/01 ) provided by the Secretary, and incorporated by reference, summa-
rizing the number of acres of land under the governing bodies' regulatory
jurisdiction on the effective date, by each of the various categories as set
forth in SecUon 422 of the Revenue and Tax Code qualified for state pay-
ments and the amounts of the state payments claimed pursuant to Section
16144 of the Government Code in accordance with the provisions in
these regulations. The tabulation of non-prime lands shall indicate, by
acreage, the secUon 14112(c) category under which payment is re-
quested. The tabulation shall be certified by the authorized representative
that the data given are correct and meet the criteria set forth in Section
14112 herein.
(c) A map showing the lands in the categories tabulated in (b) above.
For the applicadon report submitted for fiscal year 2000/2001, the map
may be submitted in any reasonable form that certifies the land for which
subvention payment is claimed. Beginning with the application report
submitted for fiscal year 2001/2002, the map must be prepared as fol-
lows:
(1) The map must include the following information:
(A) The location and category of all lands tabulated in accordance with
sub-section (b), above.
(B) The location and category of all enforceably restricted lands en-
rolled under contracts entered into pursuant to Section 5 1 240 of the Gov-
Page 663
Register 20)3, No. 4; 1 -24-2003
§ 14111
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
eniment Code that are not otherwise tabulated in accordance with sub-
section (b). above.
(C) If applicable, the location and type of enforceable restriction, as
defined in Revenue and Taxation Code Section 422 for a scenic restric-
tion entered into prior to January 1, 1975, an open space easement, or a
wildlife habitat contract for which subventions are claimed.
(D) The boundaries of agricultural preserves established pursuant to
Section 51230 of the Government Code.
(2) For all maps submitted pursuant to this section, the following pro-
duction standards must be followed:
(A) The boundaries of all lands specified by sub-section (1), above,
must be clearly and precisely delineated.
(B) Areas of 40 acres or more of lands specified by sub-section (1),
above, must be shown on the map.
(C) Delineation within each parcel must be made, whenever possible,
to indicate distinctions between land categories that exist within the par-
cel or parcels.
(3) Local governmental Jurisdiction that use a computer-based map-
ping system for the purpose of mapping the location of lands specified
by sub-section (1 ), above, may submit the map in a digital, electronic file
format that is accessible by the Department. For map submittals of this
type, the following additional production standards must be followed:
(A) Boundaries of land specified by sub-section (1), above, which are
bounded by physical or cultural features, must accurately coincide with
those features as the features are represented on reliable and readily avail-
able base maps such as the United States Geological Survey Topographic
Quadrangle Map Series.
(B) The delineation of lands specified under subsection (1), above,
must be based on original information no smaller than 1 : 1 25,000 in scale.
(C) The digital, electronic map file must include written documenta-
tion containing the following information: 1) the scale, map projection
system, if any, and map coordinate system, if any, that was used to create
and store the digital, electronic map file; and 2) a description of the com-
puter-based mapping system used to create the digital, electronic map
file, including the name of any proprietary file format.
(4) Local governmental jurisdictions that do not use a computer-based
mapping system for the purpose of recording the location of lands speci-
fied under sub-section (1), above, must submit a map produced using a
stable, durable material such as presentation-grade drafting film or pa-
per. For map submittals of this type, the following additional production
standards must be followed:
(A) Prominent physical and cultural features, such as county or city
boundaries, major transportation routes, drainage courses, inland water
bodies, and major population centers, must be clearly represented. Wher-
ever the boundaries of lands specified by sub-section (1) above, coincide
with such features, the boundaries must be represented in such a way that
it is clear to the reader of the map that the boundary in fact coincides with
the physical or cultural feature.
(B) The preferred scale for production is 1:100,000; the map must be
produced at a scale no smaller than 1:125,000 and no larger than
1:60,000. The scale used must be clearly identified on the map.
(C) The type of map projection system used must be clearly identified
on the map.
(D) Labeled reference marks or grid lines must be used whenever pos-
sible to indicate the location of the area depicted on the map relative to
a commonly used coordinate system such as the public lands survey sys-
tem or latitude and longitude.
(5) Local governmental jurisdictions may request consultation and
technical assistance from the Department for the purpose of meeting the
requirements of sub-sections (1-4) above.
(6) Local governmental jurisdictions that submit maps substantially
meefing the criteria listed under sub-sections (1-4) above, may, on or be-
fore December 31 of each year, request that the Department incorporate
the map submitted pursuant to this section into the Department's own
computer-based mapping system. Contingent upon the availability of
necessary resources the Department may incorporate within its comput-
er-based mapping system the original map as submitted by the local gov-
ernmental jurisdiction. If the local governing body chooses to adopt this
file as its official map for purposes of meeting the requirements of this
section, the following criteria shall apply in lieu of the normal require-
ment to submit an original map with each annual application report:
(A) For the year immediately following that for which the local gov-
ernmental jurisdiction's iniual map file with the Department is current,
and for every second year thereafter, the local governmental jurisdiction
must submit copies of assessor parcel maps that depict the location of
parcels affected by changes to the number of acres of land specified under
sub-section (1) above.
(B) For the second year immediately following that for which the local
governmental jurisdiction's initial map file is current, and for every se-
cond year thereafter, the local governmental jurisdicfion must submit
materials needed to update the map file. The materials supplied by the lo-
cal governmental jurisdiction for this purpose must be adequate to allow
the map file to be updated in a manner consistent with the guidelines
listed under subsections (1^) above.
(d) A sample of each form of contract, agreement, scenic restriction,
or open space easement used for placing land under enforceable restric-
tions if:
(1) The format of the document has been changed since the last appli-
cation report; or
(2) A governing body is submitting an application report for the first
time.
(e) If changed since the previous year's application report was filed
with the Secretary, or not otherwise previously provided, the governing
body's rules for the administrafion of agricultural preserves, including an
enumeration of compatible uses as required by Government Code Sec-
tion 51231 and any amendments thereof, as well as the governing body's
designation of minimum parcel sizes for lands in agricultural preserves
and/or subject to contract and rules governing the subdivision of lands
subject to contract.
(f) If changed since the previous year's application report, and unless
otherwise available through the California Environmental Resources
EvaluaUon System (CERES), the open space element pursuant to Article
10.5, Chapter 3, Division 1 ofTitle 7 ofthe Government Code of the gov-
erning body's general plan, including a map of open space lands desig-
nated in the open space element, if available.
(g) A listing of all enforceable restrictions which were terminated, in-
cluding the acreage involved, in the intervening year through any ofthe
following:
(1) completion of contract nonrenewal pursuant to Government Code
Section 51246.
(2) annexation pursuant to a city protest filed prior to January 1, 1991
pursuant to Government Code sections 5 1 243-5 1 243.5 The County shall
also provide the name of the City and date of the resolution pursuant to
Government Code Section 56844.2 that the City will not to succeed to the
contract.
(3) contract rescision pursuant to Government Code Section 51256.
(4) cancellation pursuant to Government Code Sections 5 1 280-5 1 286
and 5 1 297. The City or County shall specify the date of the final cancella-
tion and the amount of the cancellation fee.
(5) acquisition for a public improvement pursuant to Government
Code Secfion 5 1 295 , including a brief description of the public improve-
ment.
(h) A list of contracts and corresponding acreage for which nonrenew-
al has been initiated in the intervening year pursuant to Government Code
Section 51245.
(i) A list of all continuing contracts or other enforceable restrictions on
land annexed by a city pursuant, including the name and address of the
city assuming jurisdiction over the restricfion.
(j) Such other material as the Secretary may require.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16142, 16142.1, 16144, 16154, 51207 and 65570, Govern-
ment Code.
Page 664
Register 2003, No. 4; 1-24-2003
Title 14
Resources Agency
§ 14115
History
1. Amendment of subsection (b) filed 10-2-73; effective thirtieth day thereafter
(Register 73, No. 40).
2. Amendment of subsections (a)-(c), new subsections (c)(l)-(c)(6)(B) and
(e)-(i), subsection relettering, and new Note filed 5-19-2000; operative
6-18-2000 (Register 2001, No. 3).
3. Amendment of subsection (b) and amendment of Note filed 1 0-3-2001 ; opera-
tive 10-3-2001 pursuant to Government Code section 11343.4 (Register 2001,
No. 40).
4. Amendment of subsections (b) and (g)(4) and amendment of Note filed
1-21-2003; operative 1-21-2003 pursuant to Government Code section
1 1343.4 (Register 2003, No. 4).
§ 1 411 2. Determination of Eligibility.
(a) Eligibility of land for payment shall be determined in accordance
with the provisions of the Act and these regulations. Land, which in the
opinion of the Secretary is eligible, must be subject to an enforceable re-
striction and must have been assessed pursuant to Section 423, 423.3,
423.4, 423.5, or 426 if previously assessed under Revenue and Taxation
Code section 423.4 and eligible pursuant to Government Code section
16142(c), and the governing body having jurisdiction over the land must
have a local open space plan as required by Section 65563 of the Govern-
ment Code. However, to be eligible, the land assessed pursuant to one of
the above code sections need not be designated as open space in the plan,
except as noted in the following subdivisions.
(b) The Secretary shall be the final judge of whether nonprime land de-
voted to open space use is of statewide significance. Only those nonprime
lands devoted to open space use as defined in Section 51201 and Section
65560 of the Government Code which are designated for open space use
in a local open space plan and which meet the criteria set forth in subdivi-
sion (c) shall be considered as land devoted to open space use of state-
wide significance and eligible for payment.
(c) Land shall be deemed to be devoted to open space use of statewide
significance within the meaning of this section and Section 16143 of the
Government Code if it meets at least one of the following criteria:
(1) Areas of outstanding scientific, scenic and recreation value.
(2) Areas which are required as habitat for significant fish and wildlife
resources, including rare and endangered species.
(3) Forest and agricultural lands which are judged to be of major im-
portance in meeting future needs for food, fiber, and Umber.
(4) Areas which provide green space and open areas in and around
high-density metropolitan development.
(5) Areas which are required to provide needed access to coastal
beaches, lakeshores, and riverbanks.
(6) Areas which require special development regulation because of
hazardous or special conditions, such as earthquake fault zones, unstable
slide areas, flood plains, and watersheds.
(7) Areas which serve as connecting links between major public recre-
ation and open space sites, such as utility easements, streambanks, trails,
and scenic highway corridors.
(8) Areas of inajor historic or cultural interest.
(d) When determining whether enforceably restricted land meets the
definifion of prime agricultural land pursuant to Government Code sec-
tion 51201(c)(1) and (2), a participating local government shall rely on
the most current information suitable for that purpose. When determin-
ing whether enforceably restricted land meets the definition of prime
agricultural land pursuant to Government Code section 51201(c)(3), (4)
or (5), a participafing local government shall rely on information derived
from the assessment for the year in which the subvention claim is made,
pursuant to subdivision (a) of this section."
(e) Agricultural conservation easements executed and approved pur-
suant to the provisions of Public Resources Code section 10200 through
1 0277 or Government Code sections 5 1 256 and 5 1 256. 1 shall be eligible
lor payment.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16140, 16141, 16142, 16143, 51201, 51256 and 51256.1,
Government Code; and Section 10211, Public Resources Code.
HrSTORY
1. Amendment of subsection (d) filed 10-2-73; effective thirtieth day thereafter
(Register 73, No. 40).
2. Amendment of section and new Note filed 1-21-2003; operative 1-21-2003
pursuant to Government Code section 1 1 343.4 (Register 2003, No. 4).
§ 14113. Computation of the Amount of Entitlement.
The necessary computations to determine the amount of entitlement
under the Act shall be made on a parcel-by-parcel basis by the governing
body in accordance with Section 16142 of the Government Code, and the
provisions of these regulations.
(a) To determine the total entitiement for each parcel that exceeds 40
acres, computations shall be made for all categories of open space land
within the single parcel. Entitlements for parcels of 40 acres or less shall
be determined by the category to which the major part of the area is as-
signed. Computations shall be made to the nearest 1 0 acres or less. Noth-
ing in this subsection shall apply to any determination of the minimum
legal size pursuant to Government Code Sections 51222, 66474.4, and/
or any applicable State or local ordinance or rule regarding enrollment
or subdivision of legal parcels subject to an enforceable restriction.
(b) The following types of lands shall not be entiUed to payment:
(1) Acreage devoted to residential use and assessed pursuant to Sec-
tion 428 of the Revenue and Taxation Code.
(2) Acreage assessed under Section 426, unless previously assessed
under Revenue and Taxation Code section 423.4 and eligible pursuant to
16142(c) of the Government Code;
(3) Acreage enforceably restricted pursuant to the Open Space Ease-
ment Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part
1 of Division 1 of Titie 5 of the Government Code);
(4) Parcels subject to contracts which are of less than 40 acres for Open
Space Land of Statewide Significance, unless such parcels are contigu-
ous to other restricted lands comprising more than 40 acres total, are sub-
ject to a written joint management agreement involving noncontiguous
parcels which total more than 40 acres, or the board or council specifical-
ly finds these parcels will sustain commercial agricultural use; or
(5) Contracted acreage which is valued lower under Revenue and
Taxation Code Section 110.1 than under Revenue and Taxation Code
Section 423, 423.3 or 423.5.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16140, 16141, 16142 and 51222, Government Code.
History
1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000
(Register 2001, No. 3).
3. Amendment of subsection (b)(2) filed 1-21-2003; operative 1-21-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§14114. Retention of Computations.
Governing bodies shall retain all computations and supporting docu-
ments for determining the amount of entitiement and will make them
available to the Secretary, Director, State Board of Equalization or State
Controller for audit upon request. Where such documents are otherwise
privileged or confidential, such records shall not become public records
upon transfer to a State agency as provided in this subsection. Retention
of records regarding assessment of lands shall be for a period of six years.
Retention of other records regarding contract administration and en-
forcement, including but not limited to compatible use determinations,
subdivision and permit approvals, and cancellation decisions and valua-
tions pursuant to Section 51283 of the Government Code, shall continue
as long as the effected contract remains in effect plus nine years.
NOTE; Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16146 and 16154, Government Code.
History
1. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000
(Register 2001, No. 3).
2. Amendment filed 1-21-2003; operative 1-21-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 4).
§ 1 41 1 5. Incomplete Application Records.
If the Secretary determines that an application report is improperiy
completed or incomplete, the governing body, upon written notification
Page 664.1
Register 2003, No. 4; 1-24-2003
§ 14116
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
by the Deparlment, shall re-submit or submit additional information re-
quested by the Department.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Sections 16144 and 16146, Government Code.
History
1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73. No.
40).
2. New Note filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Renumbering of former section 141 15 to section 141 16 and renumbering of sec-
tion 141 16 to section 141 15, including amendment of section heading, section
and NOTi£, filed 1-21-2003; operative 1-21-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 4).
§ 1 41 1 6. Review by Secretary.
Upon receipt of a properly completed application report, the Secretary
will review it to determine the eligibility of the local government to re-
ceive payment and the amount to which it is entitled in accordance with
the provisions of Section 16144 of the Government Code.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Section 16144, Government Code.
History
1. New NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
2. Renumbering of former section 141 16 to section 14115 and renumbering of for-
mer section r41 15to section 14116filed 1-21-2003; operative 1-21-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 1 41 1 7. Certification of Payment.
The Secretary, after determining the amount to which the governing
body is entitled, shall certify the amount to the State Controller for pay-
ment.
(a) Annual entitlements may be certified for payment by the Secretary
beginning in August of each year as the review of each application report
pursuant to Section 141 10 is completed, and in the order that each is de-
termined to be complete and accurate.
(b) Application reports received after April 30 shall not be certified for
payment by the Secretary until all application reports received pursuant
to Section 14110 prior to April 30 have been certified for payment. The
Secretary may delay payments on application reports received after April
30 until the following fiscal year. Notwithstanding Section 14118 reports
received after October 31 of the following fiscal year are not eligible for
payment.
NOTE; Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Section 16144, Government Code.
History
1. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000
(Register 2001, No. 3).
§14118. Adjustments.
(a) New or additional information pertaining to eligibility or entitle-
ment may be submitted by a governing body at any time up to and includ-
ing October 3 1 of the year following submission of a timely application
report to which the information pertains. Based on this information, the
Secretary may make supplemental reports to the State Controller in ac-
cordance with Section 16144 of the Government Code.
(b) Where the Secretary determines that an overpayment was made,
deductions against an entitlement paid in accordance with provisions of
Section 14113 may be made in subsequent years to correct such overpay-
ment. When changes to entitlement claims are due to corrections in gov-
erning body records, or improvements to record-keeping systems, the
governing body shall provide, when requested by the Secretary, docu-
mentation of the changes on a contract-by-contract or parcel-by-parcel
basis. In addition, the Secretary may deduct cancellation fees which have
not been collected or transmitted within the time frame required by Sec-
tion 51283 of the Government Code.
NOTE; Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Section 16144, Government Code.
History
1. Amendment filed 10-2-73; effective thirtieth day thereafter (Register 73, No.
40).
2. Amendment of section and new Note filed 5-19-2000; operative 6-18-2000
(Register 2001, No. 3).
§ 14119. Determination of Ineligibility; Failure to Enforce.
(a) In the event the Department finds that the Act as defined in this
chapter, or any enforceable restriction, is violated by a county or city re-
ceiving open space stibventions, the Department shall notify that city or
county that the violation may result in a determination of ineligibility for
open space subventions pursuant to Government Code 1 6 1 46. Within 60
calendar days of receiving such notice, the city or county may request a
hearing to contest the finding that a violation has occurred. Should the
city or county fail to respond to this notice, otherwise fail to remedy the
violation, or if the Department's finding of a violation be upheld follow-
ing a hearing, the Director may certify to the controller that the city or
county is ineligible to receive open space subventions.
(b) Nothing in this section shall limit the Secretary or Director's au-
thority to otherwise pursue enforcement actions authorized by other state
laws including but not limited to Government Code sections 16147 or
51294. A determination regarding subventions pursuant to this section
shall not be construed as terminating the enforceable restriction in ques-
tion.
NOTE: Authority cited: Sections 16144, 16154 and 65570, Government Code.
Reference: Section 16144, Government Code.
History
1. New section filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
§14120. Hearings.
(a) Upon receiving notification of a violation pursuant to section
141 19, or notification of an adjustment pursuant to section 14118, the
city or county shall have the right to request an informal hearing with the
Department of Conservation pursuant to Government Code section
1 1445.10 etseq.
(b) Within 60 calendar days from receipt of a notification of a violation
or notification of an adjustment, the city or county may deliver or mail
to the director of the Department, a written request for a hearing. Such
request shall include a statement of the basis for contesting the notice.
(c) The director of the department shall schedule the hearing no more
than 45 calendar days from receipt of the city or county's written request,
and shall notify the city or county in writing of the date set for the hearing.
(d) Failure to submit a written request for a hearing within 60 calendar
days from receipt of a notification of a violation or an adjustment shall
constitute a waiver of the city or county's right to a hearing.
(e) The director shall make a determination based upon review of the
facts, information, and evidence presented at the hearing.
(0 The city or county shall be notified of the director's determination
in wrifing within 15 calendar days from the date of the hearing.
NOTE: Authority cited: Sections 16 146 and 65570, Government Code. Reference:
Sections 16146 and 11445.20(c), Govemment Code.
History
1. New section filed 1-21-2003; operative 1-21-2003 pursuant to Govemment
Code section 1 1343.4 (Register 2003, No. 4).
Article 3. Special Provisions
§ 1 41 25. Waiver of Cancellation Fee for Terminating Open
Space Easements and Agricultural Preserve
Contracts.
In accordance with Secfions 51061 and 51283 of the Govemment
Code, when a governing body finds it in the public interest to waive the
fee for abandoning open space easements or cancelling any Land Conser-
vation Act contract or agreement for agricultural preserves and that such
waiver or extension of time to pay following final cancellation otherwise
comports with the requirements of Govemment Code sections 51061 or
51283, the governing body shall make a written request for approval of
the waiver by the Secretary and provide the following information:
(a) Date of the public hearing as required by Sections 51284 and 51061
of the Govemment Code.
(b) A map showing the assessor's parcel number, size and location of
the parcel and the relationship of the parcel to adjoining parcels.
(c) Present land use of the parcel.
Page 664.2
Register 2003, No. 4; 1-24-2003
Title 14
Resources Agency
§ 15002
(d) Proposed land use of the parcel and when the change in land use
will occur.
(e) The amount of the cancellation or abandonment fee and the basis
for its calculation, including how the valuation of the land pursuant to
Subsections 51283(a) or 5 1061 was determined. A statement of the con-
ditions shall be submitted for partial waivers.
(f) A narrative fully explaining the basis for cancellation or abandon-
ment, including approved findings and a detailed summary of substantial
evidence to support each finding, and the reason or reasons for determin-
ing that a waiver of the cancellation or abandonment fee is in the public
interest pursuant to Sections 51283(c)(2) or 51061 of the Government
Code.
NOTE: Authority cited: Sections 16] 44, 16154 and 65570, Government Code.
Reference: Sections 51061 and 51283, Government Code.
History
1. Amendment of section and new Note tiled 5-19-2000; operative 6-18-2000
(Register2001,No. 3).
Chapter 2.5. Dredging Projects in
San Francisco Bay
NOTE: Authority cited: Section 162, Harbors and Navigation Code.
History
1. New Chapter 2.5, Articles 1-5 (Sections 14200-14272, not consecutive) filed
12-19-75; effective thirtieth day thereafter (Register 75, No. 51).
2. Repealer of Chapter 2.5 (Article 1-5, Sections 14200-14272, not consecutive)
filed 1-7-82; effective thirtieth day thereafter (Register 82, No. 2).
Chapter 3. Guidelines for Implementation
of the California Environmental Quality Act
(State EIR Guidelines)
(Originally Printed 2-10-73)
Article 1. General
§15000. Authority.
The regulations contained in this chapter are prescribed by the Secre-
tary for Resources to be followed by all state and local agencies in Cali-
fornia in the implementation of the California Environmental Quality
Act. These Guidelines have been developed by the Office of Planning
and Research for adoption by the Secretary for Resources in accordance
with Section 2108-3. Additional information may be obtained by writ-
ing:
SECRETARY FOR RESOURCES
ROOM 1311, 1416 NINTH STREET
SACRAMENTO, CA 95814
These Guidelines are binding on all public agencies in California.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 082 and 2 1083, Public Resources Code; City of Santa Ana v. City of Gar-
den Grove, (1979) 100 Cal. App. 3d 521.
History
1. New Chapter 3, Articles 1 through 10 (§§ 15000 through 15166, not consecu-
tive) filed 2-7-73; designated effective upon filing as provided in Section
21083, Public Resources Code (Register 73, No. 6).
2. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, tide 1, California Code of Regulations (Register 2005, No. 40).
§15001. Short Title.
These Guidelines may be cited as the "State CEQA Guidelines." Exist-
ing references to the "State EIR Guidelines" shall be construed to be ref-
erences to the "State CEQA Guidelines."
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083, Public Resources Code.
History
1. New section filed 1-3-75; designated effective 4-1-75 (Register 75, No. 1).
2. Amendment filed 1-7-82; effective thirtieth day thereafter (Register 82, No. 2).
3. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29).
4. Editorial con-ection of 7-13-83 order redesignating effecfive date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secdon 100, title C California Code of Regulafions (Register 2005. No. 40).
§15002. General Concepts.
(a) Basic Purposes of CEQA. The basic purposes of CEQA are to:
(1 ) Inform governmental decision makers and the public about the po-
tential, significant environmental effects of proposed activities.
(2) Identify ways that environmental damage can be avoided or signif-
icantly reduced.
(3) Prevent significant, avoidable damage to the environment by re-
quiring changes in projects through the use of alternatives or mitigation
measures when the governmental agency finds the changes to be feasi-
ble.
(4) Disclose to the public the reasons why a governmental agency ap-
proved the project in the manner the agency chose if significant environ-
mental effects are involved.
(b) Governmental Action. CEQA applies to governmental action. This
action may involve:
(1) Activities directly undertaken by a governmental agency,
(2) Activities financed in whole or in part by a governmental agency,
or
(3) Private activities which require approval from a governmental
agency.
(c) Private Action. Private action is not subject to CEQA unless the ac-
tion involves governmental participation, financing, or approval.
(d) Project. A "project" is an activity subject to CEQA. The term "proj-
ect" has been interpreted to mean far more than the ordinary dictionary
definition of the term. See Section 15378.
(e) Time for Compliance. A governmental agency is required to com-
ply with CEQA procedures when the agency proposes to carry out or ap-
prove the activity. See Section 15004.
(t^ Environmental Impact Reports and Negative Declarations. An en-
vironmental impact report (EIR) is the public document used by the gov-
ernmental agency to analyze the significant environmental effects of a
proposed project, to identify alternatives, and to disclose possible ways
to reduce or avoid the possible environmental damage.
(1) An EIR is prepared when the public agency finds substantial evi-
dence that the project may have a significant effect on the environment.
See Section 15064(a)(1).
(2) When the agency finds that there is no substantial evidence that a
project may have a significant environmental effect, the agency will pre-
pare a "Negative Declaration" instead of an EIR. See Section 15070.
(g) Significant Effect on the Environment. A significant effect on the
environment is defined as a substantial adverse change in the physical
conditions which exist in the area affected by the proposed project. See
Section 15382. Further, when an EIR identifies a significant effect, the
government agency approving the project must make findings on wheth-
er the adverse environmental effects have been substantially reduced or
if not, why not. See Section 15091.
(h) Methods for Protecting the Environment. CEQA requires more
than merely preparing environmental documents. The EIR by itself does
not control the way in which a project can be built or carried out. Rather,
when an EIR shows that a project could cause substantial adverse
changes in the environment, the governmental agency must respond to
the information by one or more of the following methods:
(1) Changing a proposed project;
(2) Imposing conditions on the approval of the project;
(3) Adopting plans or ordinances to control a broader class of projects
to avoid the adverse changes;
(4) Choosing an alternative way of meeting the same need;
(5) Disapproving the project;
Page 664.3
Register 2005, No. 40; 10-7-2005
§ 15003
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(6) Finding that changes in, or alterations, the project are not feasible.
(7) Finding that the unavoidable, significant environmental damage is
acceptable as provided in Section 15093.
(i) Discretionary Action. CEQA applies in situations where a govern-
mental agency can use its judgment in deciding whether and how to carry
out or approve a project. A project subject to such judgmental controls
is called a "discretionary project." See Section 15357.
(1) Where the law requires a governmental agency to act on a project
in a set way without allowing the agency to use its own judgment, the
project is called ''ministerial," and CEQA does not apply. See Section
15369.
(2) Whether an agency has discretionary or ministerial controls over
a project depends on the authority granted by the law providing the con-
trols over the activity. Similar projects may be subject to discretionary
controls in one city or county and only ministerial controls in another. See
Section 15268.
(j) Pubhc Involvement. Under CEQA. an agency must solicit and re-
spond to comments from the public and from other agencies concerned
with the project. See Sections 15073, 15086, 15087 and 15088.
(k) Three Step Process. An agency will normally take up to three sepa-
rate steps in deciding which document to prepare for a project subject to
CEQA.
(1) In the first step the lead agency examines the project to determine
whether the project is subject to CEQA at all. If the project is exempt, the
process does not need to proceed any farther. The agency may prepare
a notice of exemption. See Sections 15061 and 15062.
(2) If the project is not exempt, the lead agency takes the second step
and conducts an initial study (Section 15063) to determine whether the
project may have a significant effect on the environment. If the initial
study shows that there is no substantial evidence that the project may
have a significant effect, the lead agency prepares a negative declaration.
See Sections 15070 et seq.
(3) If the initial study shows that the project may have a significant ef-
fect, the lead agency takes the third step and prepares an EIR. See Sec-
tions 15080 et seq.
(/) Certified Equivalent Programs. A number of environmental regula-
tory programs have been certified by the Secretary of the Resources
Agency as involving essentially the same consideration of environmen-
tal issues as is provided by use of EIRs and negative declarations. Certi-
fied programs are exempt from preparing EIRs and negative declarations
but use other documents instead. Certified programs are discussed in Ar-
ticle 17 and are listed in Section 15251.
(m) This section is intended to present the general concepts of CEQA
in a simplified and introductory manner. If there are any conflicts be-
tween the short statement of a concept in this section and the provisions
of other sections of these guidelines, the other sections shall prevail.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000-21176, Public Resources Code; No Oil, Inc. v. City of Los Angeles,
13 Cal. 3d 68 (1974); Running Fence Corp. v. Superior Court, 15 Cal. App. 3d 400
(1975).
History
1. New section filed 5-8-80; effective thirtieth day thereafter (Register 80, No.
19).
2. Amendment filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15003. Policies.
In addition to the policies declared by the Legislature concerning envi-
ronmental protection and administration of CEQA in Sections 21000,
21001, 21002, and 21002.1 of the Public Resources Code, the courts of
this state have declared the following policies to be implicit in CEQA:
(a) The EIR requirement is the heart of CEQA. {County of Inyo v.
Yorty, 32 Cal. App. 3d 795.)
(b) The EIR serves not only to protect the environment but also to dem-
onstrate to the public that it is being protected. {County of Inyo v. Yorty,
32 Cal. App. 3d 795.)
(c) The EIR is to inform other governmental agencies and the public
generally ofthe environmental impact of a proposed project. {No Oil Inc.
V. City of Los Angeles, 13 C. 3d 68.)
(d) The EIR is to demonstrate to an apprehensive citizenry that the
agency has, in fact, analyzed and considered the ecological implications
of its action. {People ex rel. Department of Public Works v. Bosio, 47 Cal.
App. 3d 495.)
(e) The EIR process will enable the public to determine the environ-
mental and economic values of their elected and appointed officials thus
allowing for appropriate action come election day should a majority of
the voters disagree. {People v. County of Kern, 39 Cal. App. 3d 830.)
(f) CEQA was intended to be interpreted in such a manner as to afford
the fullest possible protection to the environment within the reasonable
scope of the statutory language. {Friends of Mammoth v. Board of Super-
visors, 8 Cal. 3d 247.)
(g) The purpose of CEQA is not to generate paper, but to compel gov-
ernment at all levels to make decisions with environmental consequences
in mind. {Bozung v. LAFCO (1975) 13 Cal.3d 263)
(h) The lead agency must consider the whole of an action, not simply
its constituent parts, when determining whether it will have a significant
environmental effect. {Citizens Assoc. For Sensible Development of
Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151)
(i) CEQA does not require technical perfection in an EIR, but rather
adequacy, completeness, and a good-faith effort at full disclosure. A
court does not pass upon the correctness of an EIR's environmental con-
clusions, but only determines if the EIR is sufficient as an informational
document. {Kings County Farm Bureau v. City ofHanford (1990) 221
Cal.App.3d 692)
(j) CEQA requires that decisions be informed and balanced. It must not
be subverted into an instrument for the oppression and delay of social,
economic, or recreational development or advancement. {Laurel Heights
Improvement Assoc, v. Regents ofU.C. (1993) 6 Cal.4th 1112 and Citi-
zens ofGoleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553)
NOTE: Authority cited: Section 21083, PubUc Resources Code. Reference: Sec-
tions 21000-21176, Public Resources Code.
History
1 . New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Editorial correction of 7-13-83 order filed 7-26-83 (Register 83, No. 33).
4. New subsections (g)-G) filed 1 0-26-98; operative 10-26-98 pursuant to Public
Resources Code section 21087 (Register 98, No. 44).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15004. Time of Preparation.
(a) Before granting any approval of a project subject to CEQA, every
lead agency or responsible agency shall consider a final EIR or negative
declaration or another document authorized by these guidelines to be
used in the place of an EIR or negative declaration. See the definition of
"approval" in Section 15352.
(b) Choosing the precise time for CEQA compliance involves a bal-
ancing of competing factors. EIRs and negative declarations should be
prepared as early as feasible in the planning process to enable environ-
mental considerations to influence project program and design and yet
late enough to provide meaningful information for environmental assess-
ment.
(1) With public projects, at the earliest feasible time, project sponsors
shall incorporate environmental considerations into project conceptual-
ization, design, and planning. CEQA compliance should be completed
prior to acquisition of a site for a public project.
[The next page is 665.]
Page 664.4
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15007
(2) To implement the above principles, public agencies shall not un-
dertake actions concerning the proposed public project that would have
a significant adverse effect or limit the choice of alternatives or mitiga-
tion measures, before completion of CEQA compliance. For example,
agencies shall not:
(A) Formally make a decision to proceed with the use of a site for faci-
lities which would require CEQA review, regardless of whether the
agency has made any final purchase of the site for these facilities, except
that agencies may designate a preferred site for CEQA review and may
enter into land acquisition agreements when the agency has conditioned
the agency's future use of the site on CEQA compliance.
(B) Otherwise take any action which gives impetus to a planned or
foreseeable project in a manner that forecloses alternatives or mitigation
measures that would ordinarily be part of CEQA review of that public
project.
(3) With private projects, the Lead Agency shall encourage the project
proponent to incorporate environmental considerations into project con-
ceptualization, design, and planning at the earhest feasible time.
(c) The environmental document preparation and review should be
coordinated in a timely fashion with the existing planning, review, and
project approval processes being used by each public agency. These pro-
cedures, to the maximum extent feasible, are to run concurrently, not
consecutively. When the lead agency is a state agency, the environmental
document shall be included as part of the regular project report if such a
report is used in its existing review and budgetary process.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 105, Public Resources Code; Friends of Mammoth v.
Board of Supervisors, (1972) 8 Cai. 3d 247; Mount Siitro Defense Committee v.
Regents of the University of California, (1978) 77 Cal. App. 3d 20.
History
1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. New subsections (b)(2)-(b)(2)(B), subsection renumbering, amendment of sub-
section (c), and amendment of Note filed 10-26-98; operative 10-26-98 pur-
suant to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15005. Terminology.
The following words are used to indicate whether a particular subject
in the Guidelines is mandatory, advisory, or permissive:
(a) "Must" or "shall" identifies a mandatory element which all public
agencies are required to follow.
(b) "Should" identifies guidance provided by the Secretary for Re-
sources based on policy considerations contained in CEQA, in the legis-
lative history of the statute, or in federal court decisions which California
courts can be expected to follow. Public agencies are advised to follow
this guidance in the absence of compelling, countervailing consider-
ations.
(c) "May" identifies a permissive element which is left fully to the dis-
cretion of the public agencies involved.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21082 and 21083, Public Resources Code.
History
1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29). For history of former section, see Register 75, No. 1.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Editorial correction of 7-13-83 order filed 7-26-83 (Register 83, No. 33).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15006. Reducing Delay and Paperwork.
Public agencies should reduce delay and paperwork by:
(a) Integrating the CEQA process into early planning. (15004(c))
(b) Ensuring the swift and fair resoludon of lead agency disputes.
(15053)
(c) Identifying projects which fit within categorical exemptions and
are therefore exempt from CEQA processing. (15300.4)
(d) Using initial studies to identify significant environmental issues
and to narrow the scope of EIRs. (15063)
(e) Using a negative declaration when a project not otherwise exempt
will not have a significant effect on the environment. (15070)
(f) Using a previously prepared EIR when it adequately addresses the
proposed project. (15153)
(g) Consulting with state and local responsible agencies before and
during preparation of an environmental impact report so that the docu-
ment will meet the needs of all the agencies which will use it. (15083)
(h) Urging applicants, either before or after the filing of an application,
to revise projects to eliminate possible significant effects on the environ-
ment, thereby enabling the project to qualify for a negative declaration
rather than an environmental impact report. (15063(c)(2))
(i) Integrating CEQA requirements with other environmental review
and consulting requirements. (Public Resources Code Section 21080.5)
(j) Eliminating duplication with federal procedures by providing for
joint preparation of environmental documents with federal agencies and
by adopting completed federal NEPA documents. (15227)
(k) Emphasizing consultation before an environmental impact report
is prepared, rather than submitting adversary comments on a completed
document. (15082(b))
(/) Combining environmental documents with other documents such
as general plans. (15166)
(m) EliminaUng repetitive discussions of the same issues by using en-
vironmental impact reports on programs, policies, or plans and tiering
from reports of broad scope to those of narrower scope. (15152)
(n) Reducing the length of environmental impact reports by means
such as setting appropriate page limits. (15141)
(o) Preparing analytic rather than encyclopedic environmental impact
reports. (15142)
(p) Mentioning only briefly issues other than significant ones in EIRs.
(15143)
(q) Writing environmental impact reports in plain language. (15140)
(r) Following a clear format for environmental impact reports. (151 20)
(s) Emphasizing the portions of the environmental impact report that
are useful to decision-makers and the public and reducing emphasis on
background material. (15143)
(t) Using incorporation by reference. (15150)
(u) Making comments on environmental impact reports as specific as
possible. (15204)
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003 and 21083, Public Resources Code.
History
1. New section filed 7-13-83; effective thirtieth day thereafter (Register 83, No.
29). For history of former section, see Register 80, No. 19.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Amendment of subsections (g), (m) and (u) filed 1-30-86; effective thirtieth day
thereafter (Register 86, No. 5).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15007. Amendments.
(a) These guidelines will be amended from time to time to match new
developments relating to CEQA.
(b) Amendments to the guidelines apply prospectively only. New re-
quirements in amendments will apply to steps in the CEQA process not
yet undertaken by the date when agencies must comply with the amend-
ments.
(c) If a document meets the content requirements in effect when the
document is set out for public review, the document shall not need to be
revised to conform to any new content requirements in guideline amend-
ments taking effect before the document is finally approved.
(d) Public agencies shall comply with new requirements in amend-
ments to the guidelines beginning with the earlier of the following two
dates:
Page 665
Register 2005, No. 40; 10-7-2005
§ 15020
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(1 ) The effective date of the agency's procedures amended to conform
to the new guidehne amendments; or
(2) The 1 20th day after the effective date of the guideline amendments.
(e) Public agencies may implement any permissive or advisory ele-
ments of the guidelines beginning with the effective date of the guideline
amendments.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 082-2 J 086, Public Resources Code: Slevcns v. C/A' ofGlendale, 1 25 Cal.
App. 3d 986.
History
1. New section filed 7-13-83; effective ihirtieth dav thereafter (Register 83, No.
29).
2. Editorial correction of 7-13-83 order redesisnatins effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending NOTi?. filed 10-6-2005 pursuant to
section 100, title l" California Code of Regulations (Register 2005, No. 40).
Article 2. General Responsibilities
§15020. General.
Each public agency is responsible for complying with CEQA and
these Guidelines. A public agency must meet its own responsibilities un-
der CEQA and shall not rely on comments from other public agencies or
private citizens as a substitute for work CEQA requires the lead agency
to accomplish. For example, a lead agency is responsible for the adequa-
cy of its environmental documents. The lead agency shall not knowingly
release a deficient document hoping that public comments will correct
defects in the document.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 082, 21 082. 1, Public Resources Code; Russian Hill Improvement Associ-
ation v. Board of Permit Appeals, 44 Cal. App. 3d 158 (1975).
History
1 . Repealer of Article 2 (Sections 1 5005 and 1 5006) and new Article 2 (Sections
15020-15025) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 80, No. 19; 75, No. 1; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesianatins effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title iT California Code of Regulations (Register 2005, No. 40).
§ 1 5021 . Duty to Minimize Environmental Damage and
Balance Competing Public Objectives.
(a) CEQA establishes a duty for public agencies to avoid or minimize
environmental damage where feasible.
(1) In regulating public or private activities, agencies are required to
give major consideration to preventing environmental damage.
(2) A public agency should not approve a project as proposed if there
are feasible alternatives or mitigation measures available that would sub-
stantially lessen any significant effects that the project would have on the
environment.
(b) In deciding whether changes in a project are feasible, an agency
may consider specific economic, environmental, legal, social, and tech-
nological factors.
(c) The duty to prevent or minimize environmental damage is implem-
ented through the findings required by Section 15091.
(d) CEQA recognizes that in determining whether and how a project
should be approved, a public agency has an obligation to balance a vari-
ety of public objectives, including economic, environmental, and social
factors and in particular the goal of providing a decent home and satisfy-
ing living environment for every Californian. An agency shall prepare a
statement of overriding considerations as described in Section 15093 to
reflect the ultimate balancing of competing public objectives when the
agency decides to approve a project that will cause one or more signifi-
cant effects on the environment.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21001, 21002, 21002.1 and 21081, Public Resources Code; San
Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal.
App. 3d 584; Laurel Hills Homeowners Association v. C/A' Council, (1978) 83
Cal. App. 3d 515.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No. 40).
§ 15022. Public Agency Implementing Procedures.
(a) Each public agency shall adopt objectives, criteria, and specific
procedures consistent with CEQA and these Guidelines for administer-
ing its responsibilities under CEQA, including the orderly evaluation of
projects and preparation of environmental documents. The implement-
ing procedures should contain at least provisions for:
(1) Identifying the activities that are exempt from CEQA. These pro-
cedures should contain:
(A) Provisions for evaluating a proposed activity to determine if there
is no possibility that the activity may have a significant effect on the envi-
ronment.
(B) A list of projects or permits over which the public agency has only
ministerial authority.
(C) A list of specific activities which the public agency has found to
be within the categorical exemptions established by these guidelines.
(2) Conducting initial studies.
(3) Preparing negative declarations.
(4) Preparing draft and final EIRs.
(5) Consulting with and obtaining comments from other public agen-
cies and members of the public with regard to the environmental effects
of projects.
(6) Assuring adequate opportunity and time for public review and
comment on the Draft EIR or Negative Declaration.
(7) Evaluating and responding to comments received on environmen-
tal documents.
(8) Assigning responsibility for determining the adequacy of an EIR
or negative declaration.
(9) Reviewing and considering environmental documents by the per-
son or decision making body who will approve or disapprove a project.
(10) Filing documents required or authorized by CEQA and these
Guidelines.
(11) Providing adequate comments on environmental documents
which are submitted to the public agency for review.
(12) Assigning responsibility for specific functions to particular units
of the public agency.
(13) Providing time periods for performing functions under CEQA.
(b) Any district, including a school district, need not adopt objectives,
criteria, and procedures of its own if it uses the objectives, criteria, and
procedures of another public agency whose boundaries are coterminous
with or entirely encompass the district.
(c) Public agencies should revise their implementing procedures to
conform to amendments to these guidelines within 120 days after the ef-
fective date of the amendments. During the period while the public
agency is revising its procedures, the agency must conform to any statu-
tory changes in the California Environmental Quality Act that have be-
come effective regardless of whether the public agency has revised its
formally adopted procedures to conform to the statutory changes.
(d) In adopting procedures to implement CEQA, a public agency may
adopt the State CEQA Guidelines through incorporation by reference.
The agency may then adopt only those specific procedures or provisions
described in subsection (a) which are necessary to tailor the general pro-
visions of the guidelines to the specific operations of the agency. A public
agency may also choose to adopt a complete set of procedures identifying
in one document all the necessary requirements.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21082, 2 11 00.2 and 21151 .5, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15023. Office of Planning and Research (OPR).
(a) From time to time OPR shall review the State CEQA Guidelines
and shall make recommendations for amendments to the Secretary for
Resources.
Page 666
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15041
•
(b) OPR shall receive and evaluate proposals for adoption, amend-
ment, or repeal of categorical exemptions and shall make recommenda-
tions on the proposals to the Secretary for Resources. People making sug-
gestions concerning categorical exemptions shall submit their
recommendations to OPR with supporting information to show that the
class of projects in the proposal either will or will not have a significant
effect on the environment.
(c) The State Clearinghouse in the Office of Planning and Research
shall be responsible for distributing environmental documents to State
agencies, departments, boards, and commissions for review and com-
ment.
(d) Upon request of a Lead Agency or a project applicant, OPR shall
provide assistance in identifying the various responsible agencies and
any federal agencies which have responsibility for carrying out or ap-
proving a proposed project.
(e) OPR shall ensure that state responsible agencies provide the neces-
sary information to lead agencies in response to notices of preparation
within at most 30 days after receiving a notice of preparation.
(f) OPR shall resolve disputes as to which agency is the lead agency
for a project.
(g) OPR shall receive and file all notices of completion, determination,
and exemption.
(h) OPR shall establish and maintain a database for the collection, stor-
age, retrieval, and dissemination of notices of exemption, notices of prep-
aration, notices of determination, and notices of completion provided to
the office. This database of notice information shall be available through
the Internet.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference; Sec-
tions 21080.4, 21083, 21086, 21087, 21108, 21159.9 and 21161, Public Re-
sources Code.
History
1. Amendment of subsection (e) and new subsection (g) filed 1-30-86; effective
thirtieth day thereafter (Register 86, No. 5).
2. New subsection (h) and amendment of Note filed 9-7-2004; operative
9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004,
No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15024. Secretary for Resources.
(a) The Guidelines shall be adopted by the Secretary for Resources.
The Secretary shall make a finding that each class of projects given a
categorical exemption will not have a significant effect on the environ-
ment.
(b) The Secretary may issue amendments to these Guidelines.
(c) The Secretary shall certify state environmental regulatory pro-
grams which meet the standards for certification in Section 21080.5,
Public Resources Code.
(d) The Secretary shall receive and file notices required by certified
state environmental regulatory programs.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.5, 21083, 21084, 21086, 21088 and 21152, Public Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15025. Delegation of Responsibilities.
(a) A public agency may assign specific functions to its staff to assist
in administering CEQA. Functions which may be delegated include but
are not limited to:
(1) Determining whether a project is exempt.
(2) Conducting an initial study and deciding whether to prepare a draft
EIR or negative declaration.
(3) Preparing a negative declaration or EIR.
(4) Determining that a negative declaration has been completed within
a period of 180 days.
(5) Preparing responses to comments on environmental documents.
(6) Filing of notices.
(b) The decisionmaking body of a public agency shall not delegate the
following functions:
(1) Reviewing and considering a final EIR or approving a negative
declaration prior to approving a project.
(2) The making of findings as required by Sections 1 5091 and 15093.
(c) Where an advisory body such as a planning commission is required
to make a recommendation on a project to the decisionmaking body, the
advisory body shall also review and consider the EIR or negative declara-
tion in draft or final form.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 1 082, 2 1 1 00.2 and 2 11 5 1 .5, Public Resources Code; Kleist v. Citv of Glen-
dale (1976) 56 Cal. App. 3d 770.
History
1. Change without regulatory effect amending subsection (a)(4) and Note filed
10-6-2005 pursuant to section 100, title I, California Code of Regulations
(Register 2005, No. 40).
Article 3. Authorities Granted to Public
Agencies by CEQA
§15040. Authority Provided by CEQA.
(a) CEQA is intended to be used in conjunction with discretionary
powers granted to public agencies by other laws.
(b) CEQA does not grant an agency new powers independent of the
powers granted to the agency by other laws.
(c) Where another law grants an agency discretionary powers, CEQA
supplements those discretionary powers by authorizing the agency to use
the discretionary powers to mitigate or avoid significant effects on the en-
vironment when it is feasible to do so with respect to projects subject to
the powers of the agency. Prior to January 1 , 1983, CEQA provided im-
plied authority for an agency to use its discretionary powers to mitigate
or avoid significant effects on the environment. Effective January 1,
1983, CEQA provides express authority to do so.
(d) The exercise of the discretionary powers may take forms that had
not been expected before the enactment of CEQA, but the exercise must
be within the scope of the power.
(e) The exercise of discretionary powers for environmental protection
shall be consistent with express or implied limitations provided by other
laws.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21001, 21002, 21002.1 and 21004, Public Resources Code; Section
4, Chapter 1 438, Statutes of 1982; GoWe« Cafe Bnafge, Etc., Dist. v. Mmzz/,(1978)
83 Cal. App. 3d 707; E.D.F. v. Mathews, 410 F. Supp. 336, 339 (D.D.C., 1976);
Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247; Pinewood In-
vestors v. City of Oxnard {\9%T) 133 Cal. App. 3d 1030.
History
1. Repealer of Article 3 (Sections 15010-15016) and new Article 3 (Sections
15040-15045) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No.
41 ; 75, Nos. 1 and 18; 74, Nos. 3 and 4; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5041 . Authority to Mitigate.
Within the limitations described in Section 15040:
(a) A lead agency for a project has authority to require feasible changes
in any or all activities involved in the project in order to substantially less-
en or avoid significant effects on the environment, consistent with appli-
cable constitutional requirements such as the "nexus" and "rough pro-
portionality" standards established by case law (Nollan v. California
Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard,
(1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th
854.).
(b) When a pubUc agency acts as a responsible agency for a project,
the agency shall have more limited authority than a lead agency. The re-
sponsible agency may require changes in a project to lessen or avoid only
the effects, either direct or indirect, of that part of the project which the
agency will be called on to carry out or approve.
Page 667
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§ 15042
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Title 14
(c) With respect to a project which includes housing development, a
lead or responsible agency shall not reduce the proposed number of hous-
ing units as a mitigation measure or alternative to lessen a particular sig-
nificant effect on the environment if that agency determines that there is
another feasible, specific mitigation measure or alternative that would
provide a comparable lessening of the significant effect.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 002, 2 1 002. 1 and 2 1 1 59.26, Public Resources Code; Golden Gale Bridge.
Elc. District v. Muzzi (1978) 83 Cal. App. 3d 707; and Laurel Hills Homeowners
Assn. V. City Council ofCity of Los Angeles (1978) 83 Cal.App.3d 515.
History
1 . Amendment of first paragraph, subsection (a) and Note filed 10-26-98; opera-
tive 10-26-98 pursuant to Public Resources Code section 21087 (Register 98,
No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio^n 100, title C California Code of Regulations (Register 2005, No. 40).
§ 15042. Authority to Disapprove Projects.
A public agency may disapprove a project if necessary in order to
avoid one or more significant effects on the environment that would oc-
cur if the project were approved as proposed. A lead agency has broader
authority to disapprove a project than does a responsible agency. A re-
sponsible agency may refuse to approve a project in order to avoid direct
or indirect environmental effects of that part of the project which the re-
sponsible agency would be called on to carry out or approve. For exam-
ple, an air quality management district acting as a responsible agency
would not have authority to disapprove a project for water pollution ef-
fects that were unrelated to the air quality aspects of the project regulated
by the district.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002 and 21002.1, Public Resources Code; Friends of Mammoth v. Mono
County, 8 Cal. App. 3d 247; San Die^o Trust and Savings Bank v. Friends of Gill,
121 Cal. App. 3d 203.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15043. Authority to Approve Projects Despite Significant
Effects.
A public agency may approve a project even though the project would
cause a significant effect on the environment if the agency makes a fully
informed and publicly disclosed decision that:
(a) There is no feasible way to lessen or avoid the significant effect (see
Section 15091); and
(b) Specifically identified expected benefits from the project outweigh
the policy of reducing or avoiding significant environmental impacts of
the project. (See Section 15093.)
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 1002 and 21002.1 , Public Resources Code; San Francisco Ecology Center
V. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; San Diego Trust
& Savings Bank v. Friends of Gill, (1981) 121 Cal. App. 3d 203.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15044. Authority to Comment.
Any person or entity other than a responsible agency may submit com-
ments to a lead agency concerning any environmental effects of a project
being considered by the lead agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21001, 21002.1, 21 104 and 21 153, Pubhc Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§15045. Fees.
(a) For a project to be carried out by any person or entity other than the
lead agency, the lead agency may charge and collect a reasonable fee
from the person or entity proposing the project in order to recover the esti-
mated costs incurred in preparing environmental documents and for pro-
cedures necessary to comply with CEQA on the project. Litigation ex-
penses, costs and fees incurred in actions alleging noncompliance with
CEQA are not recoverable under this section.
(b) Public agencies may charge and collect a reasonable fee from
members of the public for a copy of an environmental document not to
exceed the actual cost of reproducing a copy.
NOTE: Authority cited: Section 21083. Public Resources Code. Reference: Sec-
tions 21089 and 21 105. Public Resources Code.
History
1. Amendment of subsection (a) and Note filed 10-26-98; operative 10-26-98
pursuant to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
Article 4. Lead Agency
§15050. Lead Agency Concept.
(a) Where a project is to be carried out or approved by more than one
public agency, one public agency shall be responsible for preparing an
EIR or negative declaration for the project. This agency shall be called
the lead agency.
(b) Except as provided in subdivision (c), the decisionmaking body of
each responsible agency shall consider the lead agency's EIR or negative
declaration prior to acting upon or approving the project. Each responsi-
ble agency shall certify that its decisionmaking body reviewed and con-
sidered the information contained in the EIR or negative declaration on
the project.
(c) The determination of the lead agency of whether to prepare an EIR
or a negative declaration shall be final and conclusive for all persons, in-
cluding responsible agencies, unless:
(1) The decision is successfully challenged as provided in Section
21 167 of the Public Resources Code,
(2) Circumstances or conditions change as provided in Section 15162,
or
(3) A responsible agency becomes a lead agency under Section 15052.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.1, 21165 and 21 167.2, Public Resources Code.
History
1. Repealer of Article 4 (Sections 15020-15043) and new Article 4 (Sections
15050-15053) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Resisters 82, No. 2: 80, No. 19; 78, No. 5; 76, No.
41 ; 75, Nos. 1, 5 and 22; 74, Nos. 13 and 26; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending subsection (b) and Note filed
10-6-2005 pursuant to section 100, title 1, Califomia Code of Regulations
(Register 2005, No. 40).
§ 1 5051 . Criteria for Identifying the Lead Agency.
Where two or more public agencies will be involved with a project, the
determination of which agency will be the lead agency shall be governed
by the following criteria:
(a) If the project will be carried out by a public agency, that agency
shall be the lead agency even if the project would be located within the
jurisdiction of another public agency.
(b) If the project is to be carried out by a nongovernmental person or
entity, the lead agency shall be the public agency with the greatest re-
sponsibility for supervising or approving the project as a whole.
(1) The lead agency will normally be the agency with general govern-
mental powers, such as a city or county, rather than an agency with a
single or limited purpose such as an air pollution control district or a dis-
trict which will provide a public service or public utility to the project.
(2) Where a city prezones an area, the city will be the appropriate lead
agency for any subsequent annexation of the area and should prepare the
appropriate environmental document at the time of the prezoning. The
local agency formation commission shall act as a responsible agency.
(c) Where more than one public agency equally meet the criteria in
subdivision (b), the agency which will act first on the project in question
shall be the lead agency.
(d) Where the provisions of subdivisions (a), (b), and (c) leave two or
more public agencies with a substantial claim to be the lead agency, the
•
Page 668
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15060.5
•
public agencies may by agreement designate an agency as tiie lead
agency. An agreement may also provide for cooperative efforts by two
or more agencies by contract, joint exercise of powers, or similar devices.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 165, Public Resources Code.
History
1 . Change without regulatory effect amending subsections (c) and (d) and amend-
ing Note filed 10-6-2005 pursuant to section 100, title 1, California Code of
Regulations (Register 2005, No. 40).
§ 15052. Shift in Lead Agency Designation.
(a) Where a responsible agency is called on to grant an approval for
a project subject to CEQA for which another public agency was the ap-
propriate lead agency, the responsible agency shall assume the role of the
lead agency when any of the following conditions occur:
(1) The lead agency did not prepare any environmental documents for
the project, and the statute of limitations has expired for a challenge to
the action of the appropriate lead agency.
(2) The lead agency prepared environmental documents for the proj-
ect, but the following conditions occur:
(A) A subsequent EIR is required pursuant to Section 15162,
(B) The lead agency has granted a final approval for the project, and
(C) The statute of limitations for challenging the lead agency's action
under CEQA has expired.
(3) The lead agency prepared inadequate environmental documents
without consulting with the responsible agency as required by Sections
15072 or 15082, and the statute of limitations has expired for a challenge
to the action of the appropriate lead agency.
(b) When a responsible agency assumes the duties of a lead agency un-
der this section, the time limits applicable to a lead agency shall apply to
the actions of the agency assuming the lead agency duties.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21165, Public Resources Code.
History
1. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15053. Designation of Lead Agency by the Office of
Planning and Research.
(a) If there is a dispute over which of several agencies should be the
lead agency for a project, the disputing agencies should consult with each
other in an effort to resolve the dispute prior to submitting it to the Office
of Planning and Research. If an agreement cannot be reached, any of the
disputing pubhc agencies, or the applicant if a private project is involved,
may submit the dispute to the Office of Planning and Research for resolu-
tion.
(b) For purposes of this section, a "dispute" means a contested, active
difference of opinion between two or more public agencies as to which
of those agencies shall prepare any necessary environmental document.
A dispute exists where each of those agencies claims that it either has or
does not have the obligation to prepare that environmental document.
(c) The Office of Planning and Research shall designate a lead agency
within 21 days after receiving a completed request to resolve a dispute.
The Office of Planning and Research shall not designate a lead agency
in the absence of a dispute.
(d) Regulations adopted by the Office of Planning and Research for
resolving lead agency disputes may be found in Title 14, California Code
of Regulations, Sections 16000 et seq.
(e) Designation of a lead agency by the Office of Planning and Re-
search shall be based on consideration of the criteria in Section 15051 as
well as the capacity of the agency to adequately fulfill the requirements
of CEQA.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 2 11 65, Public Resources Code; and California Code of Regulations, Title 14,
Sections 16000-16041.
History
1 . Change without regulatory effect amending subsections (c) and (d) and amend-
ing Note filed 7-22-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending section heading, section and Note
filed 1 0-6-2005 pursuant to section lOO.title 1, California Code of Regulations
(Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(0 (Register 2007, No. 30).
Article 5. Preliminary Review of Projects
and Conduct of Initial Study
§15060. Preliminary Review.
(a) A lead agency is allowed 30 days to review for completeness appli-
cations for permits or other entitlements for use. While conducting this
review for completeness, the agency should be alert for environmental
issues that might require preparation of an EIR or that may require addi-
tional explanation by the applicant. Accepting an application as complete
does not limit the authority of the lead agency to require the applicant to
submit additional information needed for environmental evaluation of
the project. Requiring such additional information after the application
is complete does not change the status of the application.
(b) Except as provided in Section 151 M, the lead agency shall begin
the formal environmental evaluation of the project after accepting an
application as complete and determining that the project is subject to
CEQA.
(c) Once an application is deemed complete, a lead agency inust first
determine whether an activity is subject to CEQA before conducting an
initial study. An activity is not subject to CEQA if:
(1) The acfivity does not involve the exercise of discretionary powers
by a public agency;
(2) The activity will not result in a direct or reasonably foreseeable in-
direct physical change in the environment; or
(3) The activity is not a project as defined in Section 15378.
(d) If the lead agency can determine that an EIR will be cleariy re-
quired for a project, the agency may skip further initial review of the proj-
ect and begin work directly on the EIR process described in Article 9,
commencing with Section 15080. In the absence of an initial study, the
lead agency shall still focus the EIR on the significant effects of the proj-
ect and indicate briefly its reasons for determining that other effects
would not be significant or potentially significant.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080(b), 21080.2 and 2 11 60, Public Resources Code.
History
1. Repealer of Article 5 (Sections 15050-15056) and new Article 5 (Sections
15060-15065) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41 ; 75,
Nos. 1, 5 and 22; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15060.5. Preapplication Consultation.
(a) For a potential project involving the issuance of a lease, permit, li-
cense, certificate, or other entitlement for use by one or more public agen-
cies, the lead agency shall, upon the request of a potential applicant and
prior to the filing of a formal application, provide for consultation with
the potential applicant to consider the range of actions, potential alterna-
tives, mitigation measures, and any potential significant effects on the
environment of the potential project.
(b) The lead agency may include in the consultation one or more re-
sponsible agencies, trustee agencies, and other public agencies who in
the opinion of the lead agency may have an interest in the proposed proj-
ect. The lead agency may consult the Office of Permit Assistant in the
Trade and Commerce Agency for help in identifying interested agencies.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.1, Public Resources Code.
History
1. New secfion filed 5-27-97; operative 5-27-97 pursuant to Government Code
secfion 1 1343.4(d) (Register 97, No. 22).
Page 669
Register 2007, No. 30; 7-27-2007
§ 15061
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005. No. 40).
§ 1 5061 . Review for Exemption.
(a) Once a lead agency has determined that an activity is a project sub-
ject to CEQA, a lead agency shall determine whether the project is ex-
empt from CEQA.
(b) A project is exempt from CEQA if:
( 1 ) The project is exempt by statute (see. e.g. Article 1 8, commencing
with Section 15260).
(2) The project is exempt pursuant to a categorical exemption (see Ar-
ticle 19, commencing with Section 15300) and the application of that
categorical exemption is not barred by one of the exceptions set forth in
Section 15300.2.
(3) The activity is covered by the general mle that CEQA applies only
to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibil-
ity that the activity in question may have a significant effect on the envi-
ronment, the activity is not subject to CEQA.
(4) The project will be rejected or disapproved by a pubhc agency.
(See Section 15270(b)).
(5) The project is exempt pursuant to the provisions of Article 12.5 of
this Chapter.
(c) Each pubhc agency should include in its implementing procedures
a listing of the projects often handled by the agency that the agency has
determined to be exempt. This listing should be used in preliminary re-
view.
(d) After determining that a project is exempt, the agency may prepare
a notice of exemption as provided in Section 15062. Although the notice
may be kept with the project application at this time, the notice shall not
be filed with the Office of Planning and Research or the county clerk until
the project has been approved.
(e) When a non-elected official or decisionmaking body of a local lead
agency decides that a project is exempt from CEQA, and the public
agency approves or determines to carry out the project, the decision that
the project is exempt may be appealed to the local lead agency's elected
decisionmaking body, if one exists. A local lead agency may estabhsh
procedures governing such appeals.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080(b), 21080.9, 21080.10, 21084, 21108(b), 21151, 21152(b) and
21159.21, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13
Cal. 3d 68.
History
1. Amendment of subsection (d) filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) and Note filed
10-6-2005 pursuant to secfion 100, Utle 1, California Code of Regulations
(Register 2005, No. 40).
4. New subsections (b)(5) and (e) and amendment of Note filed 7-27-2007; op-
erative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Regis-
ter 2007, No. 30).
§ 1 5062. Notice of Exemption.
(a) When a public agency decides that a project is exempt from CEQA
pursuant to Section 15061, and the public agency approves or determines
to carry out the project, the agency may file a notice of exemption. The
notice shall be filed, if at all, after approval of the project. Such a notice
shall include:
(1) A brief description of the project,
(2) The location of the project (either by street address and cross street
for a project in an urbanized area or by attaching a specific map, prefer-
ably a copy of a U.S.G.S. 15 ' or 7-1/2 ' topographical map identified by
quadrangle name).
(3) A finding that the project is exempt from CEQA, including a cita-
tion to the State Guidelines section or statute under which it is found to
be exempt, and
(4) A brief statement of reasons to support the finding.
(b) A notice of exemption may be filled out and may accompany the
project application through the approval process. The notice shall not be
filed with the county clerk or OPR until the project has been approved.
(c) When a public agency approves an applicant's project, either the
agency or the applicant may file a notice of exemption.
( 1 ) When a state agency files this notice, the notice of exemption shall
be filed with the Office of Planning and Research. A form for this notice
is provided in Appendix E. A list of all such notices shall be posted on
a weekly basis at the Office of Planning and Research, 1400 Tenth Street,
Sacramento, California. The list shall remain posted for at least 30 days.
The Office of Planning and Research shall retain each noUce for not less
than 1 2 months.
(2) When a local agency files this notice, the notice of exemption shall
be filed with the county clerk of each county in which the project will be
located. Copies of all such notices will be available for public inspection
and such notices shall be posted within 24 hours of receipt in the office
of the county clerk. Each notice shall remain posted for a period of 30
days. Thereafter, the clerk shall return the notice to the local agency with
a notation of the period it was posted. The local agency shall retain the
notice for not less than 12 months.
(3) All public agencies are encouraged to make posungs pursuant to
this section available in electronic format on the Internet. Such electronic
postings are in addition to the procedures required by these guidelines
and the Public Resources Code.
(4) When an applicant files this notice, special rules apply.
(A) The notice filed by an applicant is filed in the same place as if it
were filed by the agency granting the permit. If the permit was granted
by a state agency, the notice is filed with the Office of Planning and Re-
search. If the permit was granted by a local agency, the notice is filed with
the county clerk of the county or counties in which the project will be lo-
cated.
(B) The nofice of exemption filed by an applicant shall contain the in-
formation required in subdivision (a) together with a certified document
issued by the public agency stating that the agency has found the project
to be exempt. The certified document may be a certified copy of an exist-
ing document or record of the public agency.
(C) A notice filed by an applicant is subject to the same posting and
time requirements as a notice filed by a public agency.
(d) The filing of a Notice of Exemption and the posting on the list of
notices start a 35 day statute of limitations period on legal challenges to
the agency's decision that the project is exempt from CEQA. If a Nofice
of Exemption is not filed, a 180 day statute of Umitations will apply.
(e) When a local agency determines that a project is not subject to
CEQA under sections 15193, 15194, or 15195, and it approves or deter-
mines to carry out that project, the local agency or person seeking project
approval shall file a notice with OPR identifying the secfion under which
the exemption is claimed.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21108, 21152 and 21 152.1, Public Resources Code.
History
1. Amendment of subsections (b) and (c) filed 1-30-86; effecnve thirtieth day
thereafter (Register 86, No. 5).
2. Amendment of subsections (a)(2), (c)(1), (c)(2), (c)(3)(A) and (c)(3)(C) filed
5-27-97; operative 5-27-97 pursuant to Government Code section 1 1343.4(d)
(Register 97, No. 22).
3. New subsection (c)(3) and subsection renumbering filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
4. New subsection (a)(2), subsection renumbering and amendment of subsections
(c)(l)-(2) filed 9-7-2004; operafive 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (c)(1), (c)(2) and
(c)(4)(A) and amending Note filed 10-6-2005 pursuant to secfion 100, title 1,
California Code of Regulations (Register 2005, No. 40).
6. Amendment of subsecfion (a), new subsection (e) and amendment of Note filed
7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section
21083(f) (Register 2007, No. 30).
•
Page 670
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15064
§15063. Initial Study.
(a) Following preliminary review, the lead agency shall conduct an
initial study to determine if the project may have a significant effect on
the environment. If the lead agency can determine that an EIR wi 11 clearly
be required for the project, an initial study is not required but may still
be desirable.
(J) All phases of project planning, implementation, and operation
must be considered in the initial study of the project.
(2) To meet the requirements of this section, the lead agency may use
an environmental assessment or a similar analysis prepared pursuant to
the National Environmental Policy Act.
(3) An initial study may rely upon expert opinion supported by facts,
technical studies or other substantial evidence to document its findings.
However, an initial study is neither intended nor required to include the
level of detail included in an EIR.
(b) Results.
(1) If the agency determines that there is substantial evidence that any
aspect of the project, either individually or cumulatively, may cause a
significant effect on the environment, regardless of whether the overall
effect of the project is adverse or beneficial, the lead agency shall do one
of the following:
(A) Prepare an EIR or
(B) Use a previously prepared EIR which the lead agency determines
would adequately analyze the project at hand, or
(C) Determine, pursuant to a program EIR, tiering, or another appro-
priate process, which of a project's effects were adequately examined by
an earlier EIR or negative declaration. Another appropriate process may
include, for example, a master EIR, a master environmental assessment,
approval of housing and neighborhood commercial facilities in urban
areas, approval of residential projects pursuant to a specific plan as de-
scribed in section 15182, approval of residential projects consistent with
a community plan, general plan or zoning as described in section 15183,
or an environmental document prepared under a State certified regulato-
ry program. The lead agency shall then ascertain which effects, if any,
should be analyzed in a later EIR or negative declaration.
(2) The lead agency shall prepare a negative declaration if there is no
substantial evidence that the project or any of its aspects may cause a sig-
nificant effect on the environment.
(c) Purposes. The purposes of an initial study are to:
(1) Provide the lead agency with information to use as the basis for de-
ciding whether to prepare an EIR or negative declaration;
(2) Enable an applicant or lead agency to modify a project, mitigating
adverse impacts before an EIR is prepared, thereby enabling the project
to qualify for a negative declaration;
(3) Assist the preparation of an EIR, if one is required, by:
(A) Focusing the EIR on the effects determined to be significant,
(B) Identifying the effects determined not to be significant,
(C) Explaining the reasons for determining that potentially significant
effects would not be significant, and
(D) Identifying whether a program EIR, tiering, or another appropriate
process can be used for analysis of the project's environmental effects.
(4) Facilitate environmental assessment early in the design of a proj-
ect;
(5) Provide documentation of the factual basis for the finding in a neg-
ative declaration that a project will not have a significant effect on the en-
vironment;
(6) Eliminate unnecessary EIRs;
(7) Determine whether a previously prepared EIR could be used with
the project.
(d) Contents. An inifial study shall contain in brief form:
(1) A description of the project including the location of the project;
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist,
matrix, or other method, provided that entries on a checklist or other form
are briefly explained to indicate that there is some evidence to support the
entries. The brief explanation may be either through a narrative or a refer-
ence to another information source such as an attached map, photo-
graphs, or an earlier EIR or negative declaration. A reference to another
document should include, where appropriate, a citation to the page or
pages where the information is found.
(4) A discussion of ways to mitigate the significant effects identified,
if any;
(5) An examination of whether the project would be consistent with
existing zoning, plans, and other applicable land use controls;
(6) The name of the person or persons who prepared or participated in
the initial study.
(e) Submission of Data. If the project is to be carried out by a private
person or private organization, the lead agency may require such person
or organizadon to submit data and information which will enable the lead
agency to prepare the initial study. Any person may submit any informa-
tion in any form to assist a lead agency in preparing an initial study.
(f) Format. Sample forms for an applicant's project description and a
review form for use by the lead agency are contained in Appendices G
and H. When used together, these forms would meet the requirements for
an initial study, provided that the entries on the checklist are briefly ex-
plained pursuant to subdivision (d)(3). These forms are only suggested,
and public agencies are free to devise their own format for an initial
study. A previously prepared EIR may also be used as the initial study
for a later project.
(g) Consultation. As soon as a lead agency has determined that an ini-
tial study will be required for the project, the lead agency shall consult
informally with all responsible agencies and all trustee agencies respon-
sible for resources affected by the project to obtain the recommendations
of those agencies as to whether an EIR or a negative declarafion should
be prepared. During or immediately after preparation of an initial study
for a private project, the lead agency may consult with the applicant to
determine if the applicant is willing to modify the project to reduce or
avoid the significant effects identified in the initial study.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080(c), 21080.1, 21080.3, 21082.1, 21 100 and 21151, Public Resources
Code; Gentry v. City ofMurrieta (1995) 36 Cal.App.4th 1 359, San Joaquin Rap-
tor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713,
Leonojfv. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337.
History
1. Amendment filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subsection (a)(2), new subsection (b)(3) and amendment of
Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code
section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsections (b)(1)(C) and (0 and
amending Note filed 10-^-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 40).
§ 1 5064. Determining the Significance of the
Environmental Effects Caused by a Project.
(a) Determining whether a project may have a significant effect plays
a critical role in the CEQA process.
(1 ) If there is substantial evidence, in light of the whole record before
a lead agency, that a project may have a significant effect on the environ-
ment, the agency shall prepare a draft EIR.
(2) When a final EIR identifies one or more significant effects, the lead
agency and each responsible agency shall make a finding under Section
15091 for each significant effect and may need to make a statement of
overriding considerations under Section 15093 for the project.
(b) The determination of whether a project may have a significant ef-
fect on the environment calls for careful judgment on the part of the pub-
lic agency involved, based to the extent possible on scientific and factual
data. An ironclad definidon of significant effect is not always possible
because the significance of an acdvity may vary with the setting. For ex-
ample, an acdvity which may not be significant in an urban area may be
significant in a rural area.
(c) In determining whether an effect will be adverse or beneficial, the
lead agency shall consider the views held by members of the public in all
areas affected as expressed in the whole record before the lead agency.
Before requiring the preparation of an EIR, the lead agency must still de-
termine whether environmental change itself might be substantial.
Page 671
Register 2007, No. 30; 7-27-2007
§ 15064
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) In evaluating the significance of the environmental effect of a proj-
ect, the lead agency shall consider direct physical changes in the environ-
ment which may be caused by the project and reasonably foreseeable in-
direct physical changes in the environment which may be caused by the
project.
(J) A direct physical change in the environment is a physical change
in the environment which is caused by and immediately related to the
project. Examples of direct physical changes in the environment are the
dust, noise, and traffic of heavy equipment that would result from con-
struction of a sewage treatment plant and possible odors from operation
of the plant.
(2) An indirect physical change in the environment is a physical
change in the environment which is not immediately related to the proj-
ect, but which is caused indirectly by the project. If a direct physical
change in the environment in turn causes another change in the environ-
ment, then the other change is an indirect physical change in the environ-
ment. For example, the construction of a new sewage treatment plant may
facilitate population growth in the service area due to the increase in sew-
age treatment capacity and may lead to an increase in air pollution.
(3) An indirect physical change is to be considered only if that change
is a reasonably foreseeable impact which may be caused by the project.
A change which is speculative or unlikely to occur is not reasonably fore-
seeable.
(e) Economic and social changes resulting from a project shall not be
treated as significant effects on the environment. Economic or social
changes may be used, however, to determine that a physical change shall
be regarded as a significant effect on the environment. Where a physical
change is caused by economic or social effects of a project, the physical
change may be regarded as a significant effect in the same manner as any
other physical change resulting from the project. Alternatively, econom-
ic and social effects of a physical change may be used to determine that
the physical change is a significant effect on the environment. If the phys-
ical change causes adverse economic or social effects on people, those
adverse effects may be used as a factor in determining whether the physi-
cal change is significant. For example, if a project would cause over-
crowding of a public facility and the overcrowding causes an adverse ef-
fect on people, the overcrowding would be regarded as a significant
effect.
(f) The decision as to whether a project may have one or more signifi-
cant effects shall be based on substantial evidence in the record of the
lead agency.
(1) If the lead agency determines there is substantial evidence in the
record that the project may have a significant effect on the environment,
the lead agency shall prepare an EIR {Friends ofB Street v. City of Hay-
ward {19S0) 106 Cal. App. 3d 988). Said another way, if a lead agency
is presented with a fair argument that a project may have a significant ef-
fect on the environment, the lead agency shall prepare an EIR even
though it may also be presented with other substantial evidence that the
project will not have a significant effect {No Oil, Inc. v. City of Los An-
geles (1974) 13 Cal. 3d 68).
(2) If the lead agency determines there is substantial evidence in the
record that the project may have a significant effect on the environment
but the lead agency determines that revisions in the project plans or pro-
posals made by, or agreed to by, the applicant would avoid the effects or
mitigate the effects to a point where clearly no significant effect on the
environment would occur and there is no substantial evidence in light of
the whole record before the public agency that the project, as revised,
may have a significant effect on the environment then a mitigated nega-
tive declaration shall be prepared.
(3) If the lead agency determines there is no substantial evidence that
the project may have a significant effect on the environment, the lead
agency shall prepare a negative declaration {Friends ofB Street v. City
ofHayward (1980) 106 Cal. App. 3d 988).
(4) The existence of public controversy over the environment effects
of a project will not require preparation of an EIR if there is no substantial
evidence before the agency that the project may have a significant effect
on the environment.
(5) Argument, speculation, unsubstantiated opinion or narrative, or
evidence that is clearly inaccurate or erroneous, or evidence that is not
credible, shall not constitute substantial evidence. Substantial evidence
shall include facts, reasonable assumptions predicated upon facts, and
expert opinion support by facts.
(6) Evidence of economic and social impacts that do not contribute to
or are not caused by physical changes in the environment is not substan-
tial evidence that the project may have a significant effect on the environ-
ment.
(7) The provisions of sections 15162, 15163, and 15164 apply when
the project being analyzed is a change to, or further approval for, a project
for which an EIR or negative declaration was previously certified or
adopted (e.g. a tentative subdivision, conditional use permit). Under case
law, the fair argument standard does not apply to determinations of sig-
nificance pursuant to sections 15162, 15163, and 15164.
(g) After application of the principles set forth above in Section
15064(f), and in marginal cases where it is not clear whether there is sub-
stantial evidence that a project may have a significant effect on the envi-
ronment, the lead agency shall be guided by the following principle: If
there is disagreement among expert opinion supported by facts over the
significance of an effect on the environment, the Lead Agency shall treat
the effect as significant and shall prepare an EIR.
(h)(1) When assessing whether a cumulative effect requires an EIR,
the lead agency shall consider whether the cumulative impact is signifi-
cant and whether the effects of the project are cumulatively considerable.
An EIR must be prepared if the cumulative impact may be significant and
the project's incremental effect, though individually limited, is cumula-
tively considerable. "Cumulatively considerable" means that the incre-
mental effects of an individual project are significant when viewed in
connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects.
(2) A lead agency may determine in an initial study that a project's
contribution to a significant cumulative impact will be rendered less than
cumulatively considerable and thus is not significant. When a project
might contribute to a significant cumulative impact, but the contribution
will be rendered less than cumulatively considerable through mitigation
measures set forth in a mitigated negative declaration, the initial study
shall briefly indicate and explain how the contribution has been rendered
less than cumulatively considerable.
(3) A lead agency may determine that a project's incremental contribu-
tion to a cumulative effect is not cumulatively considerable if the project
will comply with the requirements in a previously approved plan or miti-
gation program which provides specific requirements that will avoid or
substantially lessen the cumulative problem (e.g. water quality control
plan, air quality plan, integrated waste management plan) within the geo-
graphic area in which the project is located. Such plans or programs must
be specified in law or adopted by the pubUc agency with jurisdiction over
the affected resources through a public review process to implement, in-
terpret, or make specific the law enforced or administered by the public
agency. If there is substantial evidence that the possible effects of a par-
ticular project are still cumulatively considerable notwithstanding that
the project complies with the specified plan or miUgation program ad-
dressing the cumulative problem, an EIR must be prepared for the proj-
ect.
(4) The mere existence of significant cumulative impacts caused by
other projects alone shall not constitute substantial evidence that the pro-
posed project's incremental effects are cumulatively considerable.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21065, 21068, 21080, 21082, 21082.1, 21082.2, 21083 and 21100,
Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68;
San Joaquin Raptor/Wildlife Center v. County of Stanislaus (1996) 42
Cal.App.4th 608; Gentry v. City ofMurrieta (1995) 36 Cal.App.4th 1359; Laurel
Heights Improvement Assn. v. Regents of the University of California (1993) 6
Page 672
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15064.5
Cal.4th 1112; and Coimmmities for a Better Environment v. California Resources
A;^ency (2002) 103 Cal.App.4th 98.
History
1. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
22).
2. Repealer of subsection (i) and new subsections (i)( 1 )( A)-(i)(4) filed 8-24-98;
operative 8-24-98 pursuant to Government Code section 1 1343.4(d) (Register
98, No. 35).
3. Repealer of subsection (e), subsection relettering. new subsections (f)(7) and
(i)(l)-(i)(5) and amendment of Note filed 10-26-98; operative 10-26-98 pur-
suant to Public Resources Code section 21087 (Register 98, No. 44).
4. Chanse without regulatory effect amending subsections (a), (h)(1)(A),
(h)(1)(C) and (h)(2) filed 2-1-2001 pursuant to'' section 100, title 1. California
Code of Regulations (Register 2001, No. 5).
5. Change without regulatory effect repealing subsections (h)-(h)(4) and (i)(4), re-
lettering and renumbering subsections, amending newly designated subsection
(h)(1) and amending Note filed 7-22-2003 pu'rsuant to section 100, title I,
California Code of Regulations (Register 2003, No. 30).
6. Amendment of subsecfions (h)(1) and (h)(3) filed 9-7-2004; operative
9-7-2004 pursuant to Public Resources Code section 2 1083(e) (Register 2004,
No. 37).
7. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15064.5. Determining the Significance of Impacts to
Archaeological and Historical Resources.
(a) For purposes of this section, the term "historical resources" shall
include the following:
(1) A resource listed in, or determined to be eligible by the State His-
torical Resources Commission, for listing in the California Register of
Historical Resources (Pub. Res. Code §5024.1, Title 14 CCR, Section
4850 et seq.).
(2) A resource included in a local register of histoincal resources, as
defined in section 5020. l(k) of the Public Resources Code or identified
as significant in an historical resource survey meeting the requirements
section 5024.1(g) of the Public Resources Code, shall be presumed to be
historically or culturally significant. Pubhc agencies must treat any such
resource as significant unless the preponderance of evidence demon-
strates that it is not historically or culturally significant.
(3) Any object, building, structure, site, area, place, record, or manu-
script which a lead agency determines to be historically significant or sig-
nificant in the architectural, engineering, scientific, economic, agricul-
tural, educational, social, political, military, or cultural annals of
California may be considered to be an historical resource, provided the
lead agency's determination is supported by substantial evidence in light
of the whole record. Generally, a resource shall be considered by the lead
agency to be "historically significant" if the resource meets the criteria
for listing on the California Register of Historical Resources (Pub. Res.
Code, § 5024.1, Title 14 CCR, Section 4852) including the following:
(A) Is associated with events that have made a significant contribution
to the broad patterns of California's history and cultural heritage;
(B) Is associated with the lives of persons important in our past;
(C) Embodies the distinctive characteristics of a type, period, region,
or method of constaiction, or represents the work of an important cre-
ative individual, or possesses high arfistic values; or
(D) Has yielded, or may be likely to yield, information important in
prehistory or history.
(4) The fact that a resource is not listed in, or determined to be eligible
for listing in the California Register of Historical Resources, not included
in a local register of historical resources (pursuant to section 5020. l(k)
of the Public Resources Code), or identified in an historical resources
survey (meeting the criteria in section 5024. 1(g) of the Public Resources
Code) does not preclude a lead agency from determining that the re-
source may be an historical resource as defined in Public Resources Code
sections 5020.1(j) or 5024.1.
(b) A project with an effect that may cause a substantial adverse
change in the significance of an historical resource is a project that may
have a significant effect on the environment.
(1) Substantial adverse change in the significance of an historical re-
source means physical demolition, destruction, relocation, or alterafion
of the resource or its immediate surroundings such that the significance
of an historical resource would be materially impaired.
(2) The significance of an historical resource is materially impaired
when a project:
(A) Demolishes or materially alters in an adverse manner those physi-
cal characteristics of an historical resource that convey its historical sig-
nificance and that justify its inclusion in, or eligibility for, inclusion in the
California Register of Historical Resources; or
(B) Demolishes or materially alters in an adverse manner those physi-
cal characteristics that account for its inclusion in a local register of his-
torical resources pursuant to section 5020. l(k) of the Public Resources
Code or its idenuficafion in an historical resources survey meeting the re-
quirements of section 5024. 1 (g) of the Public Resources Code, unless the
public agency reviewing the effects of the project establishes by a pre-
ponderance of evidence that the resource is not historically or culturally
significant; or
(C) Demolishes or materially alters in an adverse manner those physi-
cal characteristics of a historical resource that convey its historical signif-
icance and that jusfify its eligibility for inclusion in the California Regis-
ter of Historical Resources as determined by a lead agency for purposes
of CEQA.
(3) Generally, a project that follows the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings or the Secretary of the Interior's Standards for Rehabilitafion
and Guidelines for RehabilitaUng Historic Buildings (1995), Weeks and
Grimmer, shall be considered as mitigated to a level of less than a signifi-
cant impact on the historical resource.
(4) A lead agency shall idenfify potentially feasible measures to mifi-
gate significant adverse changes in the significance of an historical re-
source. The lead agency shall ensure that any adopted measures to mifi-
gate or avoid significant adverse changes are fully enforceable through
permit conditions, agreements, or other measures.
(5) When a project will affect state-owned historical resources, as de-
scribed in Public Resources Code Section 5024, and the lead agency is
a state agency, the lead agency shall consult with the State Historic Pres-
ervation Officer as provided in Public Resources Code Section 5024.5.
Consultafion should be coordinated in a timely fashion with the prepara-
tion of environmental documents.
(c) CEQA applies to effects on archaeological sites.
(1) When a project will impact an archaeological site, a lead agency
shall first determine whether the site is an historical resource, as defined
in subdivision (a).
(2) If a lead agency determines that the archaeological site is an histori-
cal resource, it shall refer to the provisions of Section 21084.1 of the Pub-
lic Resources Code, and this section, Section 15126.4 of the Guidelines,
and the limits contained in Section 21083.2 of the Public Resources Code
do not apply.
(3) If an archaeological site does not meet the criteria defined in subdi-
vision (a), but does meet the definition of a unique archeological resource
in Section 21083.2 of the Public Resources Code, the site shall be treated
in accordance with the provisions of section 21083.2. The time and cost
limitations described in Public Resources Code Section 21083.2 (c-f) do
not apply to surveys and site evaluation activities intended to de-
termine whether the project location contains unique archaeological re-
sources.
(4) If an archaeological resource is neither a unique archaeological nor
an historical resource, the effects of the project on those resources shall
not be considered a significant effect on the environment. It shall be suffi-
cient that both the resource and the effect on it are noted in the Initial
Study or EIR, if one is prepared to address impacts on other resources,
but they need not be considered further in the CEQA process.
Page 673
Register 2007, No. 30; 7-27-2007
§ 15064.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) When an initial study identifies the existence of, or the probable
likelihood, of Native American human remains within the project, a lead
agency shall work with the appropriate Native Americans as identified
by the Native American Heritage Commission as provided in Public Re-
sources Code section 5097.98. The applicant may develop an agreement
for treating or disposing of, with appropriate dignity, the human remains
and any items associated with Native American burials with the appro-
priate Native Americans as identified by the Native American Heritage
Commission." Action implementing such an agreement is exempt from:
(1) The general prohibition on disinterring, disturbing, or removing
human remains from any location other than a dedicated cemetery
(Health and Safety Code Section 7050.5).
(2) The requirements of CEQA and the Coastal Act.
(e) In the event of the accidental discovery or recognition of any hu-
man remains in any location other than a dedicated cemetery, the follow-
ing steps should be taken:
(1) There shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until:
(A) The coroner of the county in which the remains are discovered
must be contacted to determine that no investigation of the cause of death
is required, and
(B) If the coroner determines the remains to be Native American:
1. The coroner shall contact the Native American Heritage Commis-
sion within 24 hours.
2. The Native American Heritage Commission shall identify the per-
son or persons it believes to be the most likely descended from the de-
ceased Native American.
3. The most likely descendent may make recommendations to the
landowner or the person responsible for the excavation work, for means
of treating or disposing of, with appropriate dignity, the human remains
and any associated grave goods as provided in Public Resources Code
section 5097.98, or
(2) Where the following conditions occur, the landowner or his autho-
rized representative shall rebury the Native American human remains
and associated grave goods with appropriate dignity on the property in
a location not subject to further subsurface disturbance.
(A) The Native American Heritage Commission is unable to identify
a most likely descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the commission.
(B) The descendant identified fails to make a recommendation; or
(C) The landowner or his authorized representative rejects the recom-
mendation of the descendant, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the land-
owner.
(f) As part of the objectives, criteria, and procedures required by Sec-
tion 21082 of the Public Resources Code, a lead agency should make pro-
visions for historical or unique archaeological resources accidentally dis-
covered during construction. These provisions should include an
immediate evaluation of the find by a qualified archaeologist. If the find
is determined to be an historical or unique archaeological resource, con-
tingency funding and a time allotment sufficient to allow for implemen-
tation of avoidance measures or appropriate mitigation should be avail-
able. Work could continue on other parts of the building site while
historical or unique archaeological resource mitigation takes place.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.2, 21084 and 21084.1, Public Resources Code; and Citizens for Re-
sponsible Development in West Hollywood v. City of West Hollywood (\995) 39
Cal.App.4th 490.
History
1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending subsections (c)(1), (c)(3), (d) and
(e)(l)(B)2.-3. and amending Note filed 10-6-2005 pursuant to section 100,
title 1, California Code of Regulations (Register 2005, No. 40).
§ 15064.7. Thresholds of Significance.
(a) Each public agency is encouraged to develop and publish thresh-
olds of significance that the agency uses in the determination of the sig-
nificance of environmental effects. A threshold of significance is an iden-
tifiable quantitative, qualitative or performance level of a particular
environmental effect, non-coinpliance with which means the effect will
normally be determined to be significant by the agency and compliance
with which means the effect normally will be determined to be less than
significant.
(b) Thresholds of significance to be adopted for general use as part of
the lead agency ' s environmental review process must be adopted by ordi-
nance, resolution, rule, or regulation, and developed through a public re-
view process and be supported by substantial evidence.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21082 and 21083, Public Resources Code.
History
1 . New section filed 1 0-26-98; operative 1 0-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title j" California Code of Regulations (Register 2005, No. 40).
§ 15065. Mandatory Findings of Significance.
(a) A lead agency shall find that a project may have a significant effect
on the environment and thereby require an EIR to be prepared for the
project where there is substantial evidence, in light of the whole record,
that any of the following conditions may occur:
(1) The project has the potential to substantially degrade the quality of
the environment; substantially reduce the habitat of a fish or wildlife spe-
cies; cause a fish or wildlife population to drop below self-sustaining lev-
els; threaten to eliminate a plant or animal community; substantially re-
duce the number or restrict the range of an endangered, rare or threatened
species; or eliminate important examples of the major periods of Califor-
nia history or prehistory.
(2) The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
(3) The project has possible environmental effects that are individual-
ly limited but cumulatively considerable. "Cumulatively considerable"
means that the incremental effects of an individual project are significant
when viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future projects.
(4) The environmental effects of a project will cause substantial ad-
verse effects on human beings, either directly or indirectly.
(b)(1) Where, prior to the commencement of preliminary review of an
environmental document, a project proponent agrees to mitigation mea-
sures or project modifications that would avoid any significant effect on
the environment specified by subdivision (a) or would mitigate the sig-
nificant effect to a point where clearly no significant effect on the envi-
ronment would occur, a lead agency need not prepare an environmental
impact report solely because, without mifigation, the environmental ef-
fects at issue would have been significant.
(2) Furthermore, where a proposed project has the potential to substan-
fially reduce the number or restrict the range of an endangered, rare or
threatened species, the lead agency need not prepare an EIR solely be-
cause of such an effect, if:
(A) the project proponent is bound to implement mitigation require-
ments relating to such species and habitat pursuant to an approved habitat
conservation plan or natural community conservation plan;
(B) the state or federal agency approved the habitat conservation plan
or natural community conservation plan in reliance on an environmental
impact report or environmental impact statement; and
(C)l . such requirements avoid any net loss of habitat and net reduction
in number of the affected species, or
2. such requirements preserve, restore, or enhance sufficient habitat to
mitigate the reduction in habitat and number of the affected species to be-
low a level of significance.
Page 674
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15072
(c) Following the decision to prepare an EIR, if a lead agency deter-
mines that any of the conditions specified by subdivision (a) will occur,
such a determination shall apply to:
(1) the identification of effects to be analyzed in depth in the environ-
mental impact report or the functional equivalent thereof,
(2) the requirement to make detailed findings on the feasibility of alter-
natives or mitigation measures to substantially lessen or avoid the signifi-
cant effects on the environment,
(3) when found to be feasible, the making of changes in the project to
substantially lessen or avoid the significant effects on the environment,
and
(4) where necessary, the requirement to adopt a statement of overrid-
ing considerations.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21001(c) and 21083, Public Resources Code; 5a/; Joaquin Raplur/Wildlife
Center v. Coiint\ of Stanislaus (1996) 42 Cal.App.4th 608; Los An\>eles Unified
School District V. City of Los Angeles (1997) 58 Cal.App.4th 1019, 1024; and
Communities for a Better Environment v. California Resources Ai>enc\ (2002)
103Cal.App.4th98.
History
1 . Amendment of subsection (a) and Note filed 5-27-97; operative 5-27-97 pur-
suant to Government Code section 1 1343.4(d) (Register 97, No. 22).
2. Amendment of subsection (c) and Note filed 10-26-98; operative 10-26-98
pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Amendment of section and NOTE filed 9-7-2004; operative 9-7-2004 pursuant
to Public Resources Code secfion 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending subsections (b)(1) and (c) and
amending Note filed 10-6-2005 pursuant to section 100, title L California
Code of Regulations (Register 2005, No. 40).
Article 6. Negative Declaration Process
§ 15070. Decision to Prepare a Negative or Mitigated
Negative Declaration.
A public agency shall prepare or have preared a proposed negative
declaration or mitigated negative declaration for a project subject to
CEQA when:
(a) The initial study shows that there is no substantial evidence, in light
of the whole record before the agency, that the project may have a signifi-
cant effect on the environment, or
(b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by or agreed to
by the applicant before a proposed mitigated negative declaration and
initial study are released for public review would avoid the effects or mit-
igate the effects to a point where clearly no significant effects would oc-
cur, and
(2) There is no substantial evidence, in light of the whole record before
the agency, that the project as revised may have a significant effect on the
environment.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21064, 21064.5, 21080(c) and 21082.1, Public Resources Code; Friends of
B Street v. City of Hayward, (1980) 106 Cal. App. 3d 988; Running Fence Corp.
v. Superior Court, (1975) 51 Cal. App. 3d 400.
History
1. Repealer of Article 6 (SecUons 15060-15069.8) and new Article 6 (Sections
15070-15075) filed 7-13-83; designated effecfive 8-1-83 (Register 83, No.
29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41; 75, No.
I;and73, No. 50).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
22).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15071. Contents.
A negative declaration circulated for public review shall include:
(a) A brief description of the project, including a commonly used name
for the project, if any;
(b) The location of the project, preferably shown on a map, and the
name of the project proponent;
(c) A proposed finding that the project will not have a significant effect
on the environment;
(d) An attached copy of the initial study documenting reasons to sup-
port the finding; and
(e) Mitigation measures, if any, included in the project to avoid poten-
tially significant effects.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(c), Public Resources Code.
History
1 . Change without regulatory effect amending NOTE filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15072. Notice of Intent to Adopt a Negative Declaration
or Mitigated Negative Declaration.
(a) A lead agency shall provide a notice of intent to adopt a negative
declaration or mitigated negative declaration to the public, responsible
agencies, trustee agencies, and the county clerk of each county within
which the proposed project is located, sufficiently prior to adoption by
the lead agency of the negative declaration or mitigated negative declara-
tion to allow the pubUc and agencies the review period provided under
Section 15105.
(b) The lead agency shall mail a notice of intent to adopt a negative
declaration or mitigated negative declaration to the last known name and
address of all organizations and individuals who have previously re-
quested such notice in writing and shall also give notice of intent to adopt
a negative declaration or mitigated negative declaration by at least one
of the following procedures to allow the public the review period pro-
vided under Section 15105:
(1 ) Publication at least one time by the lead agency in a newspaper of
general circulation in the area affected by the proposed project. If more
than one area is affected, the notice shall be published in the newspaper
of largest circulation from among the newspapers of general circulation
in those areas.
(2) Posting of notice by the lead agency on and off site in the area
where the project is to be located.
(3) Direct mailing to the owners and occupants of property contiguous
to the project. Owners of such property shall be identified as shown on
the latest equalized assessment roll.
(c) The alternatives for providing notice specified in subdivision (b)
shall not preclude a lead agency from providing additional notice by oth-
er means if the agency so desires, nor shall the requirements of this sec-
tion preclude a lead agency from providing the public notice at the same
time and in the same manner as public notice required by any other laws
for the project.
(d) The county clerk of each county within which the proposed project
is located shall post such notices in the office of the county clerk within
24 hours of receipt for a period of at least 20 days.
(e) For a project of statewide, regional, or areawide significance, the
lead agency shall also provide notice to transportation planning agencies
and public agencies which have transportation facilities within their ju-
risdictions which could be affected by the project as specified in Section
21092.4(a) of the Public Resources Code. "Transportation facilities" in-
cludes: major local arterials and public transit within five miles of the
project site and freeways, highways and rail transit service within 10
miles of the project site.
(f) If the United States Department of Defense or any branch of the
United States Armed Forces has given a lead agency written notification
of the specific boundaries of a low-level flight path, military impact
zone, or special use airspace and provided the lead agency with written
notification of the military contact office and address for the military ser-
vice pursuant to subdivision (b) of Section 15190.5, then the lead agency
shall include the specified military contact office in the list of organiza-
tions and individuals receiving a notice of intent to adopt a negative dec-
laration or a mifigated negative declaration pursuant to this section for
projects that meet the criteria set forth in subdivision (c) of Section
Page 675
Register 2007, No. 30; 7-27-2007
§ 15073
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
15190.5. The lead agency shall send the specified military contact office
such notice of intent sufficiently prior to adoption by the lead agency of
the negative declaration or mitigated negative declaration to allow the
military service the review period provided under Section 15105.
(g) A notice of intent to adopt a negative declaration or mitigated nega-
tive declaration shall specify the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which
the lead agency will receive comments on the proposed negative declara-
tion or mitigated negative declaration. This shall include starting and
ending dates for the review period. If the review period has been is short-
ened pursuant to Section 15105, the notice shall include a statement to
that effect.
(3) The date, time, and place of any scheduled public meetings or hear-
ings to be held by the lead agency on the proposed project, when known
to the lead agency at the time of notice.
(4) The address or addresses where copies of the proposed negative
declaration or mitigated negative declaration including the revisions de-
veloped under Section 1 5070(b) and all documents referenced in the pro-
posed negative declaration or mitigated negative declaration are avail-
able for review. This location or locations shall be readily accessible to
the public during the lead agency's normal working hours.
(5) The presence of the site on any of the lists enumerated under Sec-
tion 65962.5 of the Government Code including, but not limited to lists
of hazardous waste facilities, land designated as hazardous waste proper-
ty, and hazardous waste disposal sites, and the information in the Hazard-
ous Waste and Substances Statement required under subdivision (f) of
that section.
(6) Other information specifically required by statute or regulation for
a particular project or type of project.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21091, 21092, 21092.2, 21092.4, 21092.3, 21092.6, 21098 and 21151.8,
Public Resources Code.
History
1. Amendment of subsections (a), (a)(3) and Note filed 8-19-94; operative
9-19-94 (Register 94, No. 33).
2. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No.
22).
3. Change without regulatory effect amending subsections (c) and (0(5) and
amending Note filed 10-6-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 40).
4. New subsection (0, subsecfion relettering and amendment of Note filed
7-27-2007: operative 7-27-2007 pursuant to Public Resources Code section
21083(f) (Register 2007, No. 30).
§ 15073. Public Review of a Proposed Negative
Declaration or Mitigated Negative Declaration.
(a) The lead agency shall provide a public review period pursuant to
Section 1 5 105 of not less than 20 days. When a proposed negative decla-
ration or mitigated negative declaration and initial saidy are submitted to
the State Clearinghouse for review by state agencies, the public review
period shall not be less than 30 days, unless a shorter period is approved
by the State Clearinghouse under Section 15i05(d).
(b) When a proposed negative declaration or mitigated negative decla-
ration and initial study have been submitted to the State Clearinghouse
for review by state agencies, the public review period shall be at least as
long as the review period established by the State Clearinghouse. The
public review period and the state agency review period may, but are not
required to, begin and end at the same time. Day one of the state review
period shall be the date that the State Clearinghouse distributes the docu-
ment to state agencies.
(c) A copy of the proposed negative declaration or mitigated negative
declaration and the initial study shall be attached to the notice of intent
to adopt the proposed declaration that is sent to every responsible agency
and trustee agency concerned with the project and every other public
agency with jurisdiction by law over resources affected by the project.
(d) Where one or more state agencies will be a responsible agency or
a trustee agency or will exercise jurisdiction by law over natural re-
sources affected by the project, or where the project is of statewide, re-
gional, or areawide environmental significance, the lead agency shall
send copies of the proposed negative declaration or mitigated negative
declaration to the State Clearinghouse for distribution to the state agen-
cies.
(e) The lead agency shall notify in writing any public agency which
comments on a proposed negative declaration or mitigated negative dec-
laration of any public hearing to be held for the project for which the doc-
ument was prepared. A notice provided to a public agency pursuant to
Section 15072 satisfies this requirement.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000(e), 21003(b). 21080(c), 21081.6, 21091 and 21092.5, Public Re-
sources Code; Plaggmier v. City of San Jose, (1980) 101 Cal. App. 3d 842.
History
1. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code secfion 1 1343.4(d) (Register 97, No.
22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
3. Amendment of subsection (b) filed 7-27-2007; operative 7-27-2007 pursuant
to Public Resources Code section 21083(f) (Register 2007, No. 30).
§ 15073.5. Recirculation of a Negative Declaration Prior to
Adoption.
(a) A lead agency is required to recirculate a negative declaration when
the document must be substantially revised after public notice of its avail-
ability has previously been given pursuant to Section 15072, but prior to
its adoption. Notice of recirculation shall comply with Sections 15072
and 15073.
(b) A "substantial revision" of the negative declaration shall mean:
(1) A new, avoidable significant effect is identified and mitigation
measures or project revisions must be added in order to reduce the effect
to insignificance, or
(2) The lead agency determines that the proposed mitigation measures
or project revisions will not reduce potential effects to less than signifi-
cance and new measures or revisions must be required.
(c) Recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equal or more effective
measures pursuant to Section 15074.1.
(2) New project revisions are added in response to written or verbal
comments on the project's effects identified in the proposed negative
declaration which are not new avoidable significant effects.
(3) Measures or conditions of project approval are added after circula-
tion of the negative declaration which are not required by CEQA , which
do not create new significant environmental effects and are not necessary
to mitigate an avoidable significant effect.
(4) New information is added to the negative declaration which merely
clarifies, amplifies, or makes insignificant modifications to the negative
declaration.
(d) If during the negative declaration process there is substantial evi-
dence in light of the whole record, before the lead agency that the project,
as revised, may have a significant effect on the environment which can-
not be mitigated or avoided, the lead agency shall prepare a draft EIR and
certify a final EIR prior to approving the project. It shall circulate the
draft EIR for consultation and review pursuant to Sections 15086 and
15087, and advise reviewers in writing that a proposed negative declara-
tion had previously been circulated for the project.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080, Public Resources Code; Gentry v. City of Murrieta (1995) 36
Cal.App.4th 1359; Leonoffv. Monterey County Board of Supervisors (1990) 222
Cal. App. 3d 1337; and Long Beach Savings and Loan Assn. v. Long Beach Rede-
velopment Agency (1986) 188 Cal.App.3d 249.
History
1 . New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
Page 676
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15075
§ 15074. Consideration and Adoption of a Negative
Declaration or Mitigated Negative Declaration.
(a) Any advisory body of a public agency making a recommendation
to the decisionmaking body siiall consider the proposed negative decla-
ration or mitigated negative declaration before making its recommenda-
tion.
(b) Prior to approving a project, the decisionmaking body of the lead
agency shall consider the proposed negative declaration or mitigated
negative declaration together with any comments received during the
public review process. The decisionmaking body shall adopt the pro-
posed negative declaration or mitigated negative declaration only if it
finds on the basis of the whole record before it (including the initial study
and any comments received), that there is no substantial evidence that the
project will have a significant effect on the environment and that the neg-
ative declaration or mitigated negative declaration reflects the lead
agency's independent judgment and analysis.
(c) When adopting a negative declaration or mitigated negative decla-
ration, the lead agency shall specify the location and custodian of the doc-
uments or other material which constitute the record of proceedings upon
which its decision is based.
(d) When adopting a mitigated negative declaration, the lead agency
shall also adopt a program for reporting on or monitoring the changes
which it has either required in the project or made a condition of approval
to mitigate or avoid significant environmental effects.
(e) A lead agency shall not adopt a negative declaration or mitigated
negative declaration for a project within the boundaries of a comprehen-
sive airport land use plan or, if a comprehensive airport land use plan has
not been adopted, for a project within two nautical miles of a public air-
port or public use airport, without first considering whether the project
will result in a safety hazard or noise problem for persons using the air-
port or for persons residing or working in the project area.
(f) When a non-elected official or decisionmaking body of a local lead
agency adopts a negative declaration or mitigated negative declaration,
that adoption may be appealed to the agency's elected decisionmaking
body, if one exists. For example, adoption of a negative declaration for
a project by a city's planning commission may be appealed to the city
council. A local lead agency may establish procedures governing such
appeals.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080(c), 21081.6, 21082.1, 21096 and 21151, Public Resources Code;
Friends ofB Street v. City ofHayward, (1980) 106 Cal. App. 3d 988.
History
J. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. New subsection (f) and amendment of Note filed 7-27-2007; operative
7-27-2007 pursuant to Public Resources Code section 21083(0 (Register2007,
No. 30).
§ 15074.1. Substitution of Mitigation Measures in a
Proposed Mitigated Negative Declaration.
(a) As a result of the public review process for a proposed mitigated
negative declaration, including any administrative decisions or public
hearings conducted on the project prior to its approval, the lead agency
may conclude that certain mitigation measures identified in the mitigated
negative declaration are infeasible or otherwise undesirable. Prior to ap-
proving the project, the lead agency may, in accordance with this section,
delete those mitigation measures and substitute for them other measures
which the lead agency determines are equivalent or more effective.
(b) Prior to deleting and substituting for a mitigation measure, the lead
agency shall do both of the following:
(1) Hold a public hearing on the matter. Where a public hearing is to
be held in order to consider the project, the public hearing required by this
section may be combined with that hearing. Where no public hearing
would otherwise be held to consider the project, then a public hearing
shall be required before a mitigation measure may be deleted and a new
measure adopted in its place.
(2) Adopt a written finding that the new measure is equivalent or more
effective in mitigating or avoiding potential significant effects and that
it in itself will not cause any potenfially significant effect on the environ-
ment.
(c) No recirculauon of the proposed mitigated negative declaration
pursuant to Section 1 5072 is required where the new mitigation measures
are made conditions of, or are otherwise incorporated into, project ap-
proval in accordance with this section.
(d) "Equivalent or more effective" means that the new measure will
avoid or reduce the significant effect to at least the same degree as, or to
a greater degree than, the original measure and will create no more ad-
verse effect of its own than would have the original measure.
NOTE: Authority cited; Section 21083, Public Resources Code. Reference: Sec-
tion 21080(f), Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15075. Notice of Determination on a Project for Which a
Proposed Negative or Mitigated Negative
Declaration Has Been Approved.
(a) The lead agency shall file a notice of determinadon within five
working days after deciding to carry out or approve the project. For proj-
ects with more than one phase, the lead agency shall file a notice of deter-
mination for each phase requiring a discrefionary approval.
(b) The nofice of determination shall include:
(1) An idenUfication of the project including the project title as identi-
fied on the proposed negafive declaration, its location, and the State
Clearinghouse identificafion number for the proposed negative declara-
tion if the notice of determination is filed with the State Clearinghouse.
(2) A brief description of the project.
(3) The agency's name and the date on which the agency approved the
project.
(4) The determination of the agency that the project will not have a sig-
nificant effect on the environment.
(5) A statement that a negative declarafion or a mitigated negative dec-
larafion was adopted pursuant to the provisions of CEQA.
(6) A statement indicafing whether mitigafion measures were made a
condition of the approval of the project, and whether a mitigafion moni-
toring plan/program was adopted.
(7) The address where a copy of the negative declaration or mitigated
negative declarafion may be examined.
(c) If the lead agency is a state agency, the lead agency shall file the
nofice of determination with the Office of Planning and Research within
five working days after approval of the project by the lead agency.
(d) If the lead agency is a local agency, the local agency shall file the
notice of determination with the county clerk of the county or counties
in which the project will be located within five working days after ap-
proval of the project by the lead agency. If the project requires discretion-
ary approval from any state agency, the local lead agency shall also, with-
in five working days of this approval, file a copy of the notice of
determination with the Office of Planning and Research.
(e) A notice of determination filed with the county clerk shall be avail-
able for public inspecfion and shall be posted by the county clerk within
24 hours of receipt for a period of at least 30 days. Thereafter, the clerk
shall return the nofice to the local lead agency with a notafion of the peri-
od during which it was posted. The local lead agency shall retain the no-
tice for not less than 12 months.
(f) A notice of determination filed with the Office of Planning and Re-
search shall be available for public inspecfion and shall be posted for a
period of at least 30 days. The Office of Planning and Research shall re-
tain each notice for not less than 12 months.
(g) The filing of the nofice of determination pursuant to subdivision
(c) above for state agencies and the filing and posting of the notice of de-
Page 677
Register 2007, No. 30; 7-27-2007
§ 15080
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
termination pursuant to subdivisions (d) and (e) above for local agencies,
start a 30-day statute of limitations on court challenges to the approval
under CEQA.
(h) A sample notice of determination is provided in Appendix D. Each
public agency may devise its own form, but the minimum content re-
quirements of subdivision (b) above shall be met.
Public agencies are encouraged to make copies of all notices filed pur-
suant to this section available in electronic format on the Internet. Such
electronic notices are in addition to the posting requirements of these
guidelines and the Public Resources Code.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 1 080(c). 2 1 1 08(a) and (c), 2 1 1 52(a) and (c) and 2 1 1 67(b), Public Resources
Code; Citizens of Lake Murray Area Association v. City Council. (1982) 129 Cai.
App. 3d 436.
History
1. Amendment of subsections (c) and (d) filed 1-30-86; effective thirtieth day
thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 5-27-97; operative 5-27-97
pursuant to Government Code section 1 1 343.4(d) (Register 97, No. 22).
3. New subsection (f) filed 10-26-98; operative 10-26-98 pursuant to Public Re-
sources Code section 21087 (Register 98, No. 44).
4. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (c)-(h) and amending
Note filed 10-6-2005 pursuant to section 100, title l,Califomia Code of Regu-
lations (Register 2005, No. 40).
Article 6.5. Statutory Exemptions
History
1 . Repealer of Article 6.5 (Sections 15070-15079.7) filed 7-1 3-83; effective thir-
tieth day thereafter (Register 83, No. 29). For prior history, see Register 78, No.
5.
2. Editorial correction of 7-13-83 order redesignafing effective date to 8-1-83
filed 7-14-83 (Register 83. No. 29).
Article 7. EIR Process
§15080. General.
To the extent possible, the EIR process should be combined with the
existing planning, review, and project approval process used by each
public agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061, 21 100 and 21151, Public Resources Code.
History
1. Repealer of Article 7 (Sections 15080-15089) and new Article 7 (Sections
15080-15096) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 77, No.
1 ; 76, No. 41 ; 75, No. 1 ; and 73, No. 50.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, title C California Code of Regulations (Register 2005, No. 40).
§15081. Decision to Prepare an EIR.
The EIR process starts with the decision to prepare an EIR. This deci-
sion will be made either during preliminary review under Section 15060
or at the conclusion of an initial study after applying the standards de-
scribed in Section 15064.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 100, Public Resources Code; No Oil, Inc. v. City of Los Angeles (1974) 13
Cal. 3d 68; Friends ofB Street v. City of Hayward i\9S0) 106 Cal. App. 3d 988.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title L California Code of Regulations (Register 2005, No. 40).
§ 1 5081 .5. EIRs Required by Statute.
(a) A lead agency shall prepare or have prepared an EIR for the follow-
ing types of projects. An initial study may be prepared to help identify
the significant effects of the project.
(1) The burning of municipal wastes, hazardous wastes, or refuse-der-
ived fuel, including but not limited to tires, if the project is either:
(A) The construction of a new facility; or
(B) The expansion of an existing facility that bums hazardous waste
that would increase its permitted capacity by more than 10 percent. This
does not apply to any project exclusively burning hazardous waste for
which a determination to prepare a negative declaration, or mitigated
negative declaration or environmental impact report was made prior to
July 14, 1989. The amount of expansion of an existing facility is calcu-
lated pursuant to subdivision (b) of Section 21 151.1 of the Public Re-
sources Code.
(C) Subdivision (1) of the subdivision does not apply to:
1. Projects for which the State Energy Resources Conservation and
Development Commission has assumed jurisdiction pursuant to Chapter
6 (commencing with Section 25500) of Division 15 of the Public Re-
sources Code.
2. Any of the types of burn or thermal processing projects listed in sub-
division (d) of Section 21151.1 of the Public Resources Code.
(2) The initial issuance of a hazardous waste facihties permit to a land
disposal facihty, as defined in subdivision (d) of Section 25199.1 of the
Health and Safety Code. Preparation of an EIR is not mandatory if the
facility only manages hazardous waste which is identified or listed pur-
suant to Section 25140 or Section 25141 of the Health and Safety Code
on or after January 1, 1992; or only conducts activities which are regu-
lated pursuant to Chapter 6.5 (commencing with Section 25100) of Divi-
sion 20of the Health and Safety Code on or after January 1, 1992. "Initial
issuance" does not include the issuance of a closure or postclosure permit
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facility permit pursuant
to Section 25200 of the Health and Safety Code to an off-site large treat-
ment facility, as defined pursuant to subdivision (d) of Section 25205.1
of that code. Preparation of an EIR is not mandatory if the facility only
manges hazardous waste which is identified or listed pursuant to Section
25 1 40 or Section 25 1 4 1 of the Health and Safety Code on or after January
1, 1992; or only conducts activities which are regulated pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code on or after January 1, 1992. "Initial issuance"
does not include the issuance of a closure or postclosure permit pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(4) Any open pit mining operation which is subject to the permit re-
quirements of the Surface Mining and Reclamation Act (beginning at
Section 2710 of the Public Resources Code) and which utilizes a cyanide
heap-leaching process for the purpose of extracting gold or other pre-
cious metals.
(5) An initial base reuse plan as defined in Section 15229.
(b) A lead agency shall prepare or have prepared an EIR for the selec-
tion of a California Community College, CaUfomia State University,
University of California, or California Maritime Academy campus loca-
tion and approval of a long range development plan for that campus.
(1) The EIR for a long range development plan for a campus shall in-
clude an analysis of, among other significant impacts, those environmen-
tal effects relating to changes in enrollment levels.
(2) Subsequent projects within the campus may be addressed in envi-
ronmental analyses tiered on the EIR prepared for the long range devel-
opment plan.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.09, 21083.8.1, 21151.1 and 21151.7, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a)(1)(C) and amending
Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regu-
lations (Register 2005, No. 40).
§ 15082. Notice of Preparation and Determination of Scope
of EIR.
(a) Notice of Preparation. Immediately after deciding that an environ-
mental impact report is required for a project, the lead agency shall send
Page 678
Register 2007, No. 3D; 7-27-2007
Title 14
Resources Agency
§ 15083
to the Office of Planning and Research and each responsible and taistee
agency a notice of preparation stating that an environmental impact re-
port will be prepared. This notice shall also be sent to every federal
agency involved in approving or funding the project. If the United States
Department of Defense or any branch of the United States Armed Forces
has given the lead agency written notification of the specific boundaries
of a low-level flight path, military impact zone, or special use airspace
and provided the lead agency with written notification of the military
contact office and address for the military service pursuant to subdivision
(b) of Section 15190.5, then the lead agency shall include the specified
military contact office in the list of organizafions and individuals receiv-
ing a notice of preparation of an EIR pursuant to this section for projects
that meet the criteria set forth in subdivision (c) of Section 15190.5.
(1) The notice of preparation shall provide the responsible and trustee
agencies and the Office of Planning and Research with sufficient infor-
mation describing the project and the potential environmental effects to
enable the responsible agencies to make a meaningful response. At a
minimum, the information shall include:
(A) Description of the project,
(B) Location of the project (either by street address and cross street,
for a project in an urbanized area, or by attaching a specific map, prefer-
ably a copy of a U.S.G.S. 15 ' or 7 1/2 ' topographical map identified by
quadrangle name), and
(C) Probable environmental effects of the project.
(2) A sample notice of preparation is shown in Appendix I. Public
agencies are free to devise their own formats for this nofice. A copy of
the initial study may be sent with the notice to supply the necessary infor-
mation.
(3) To send copies of the notice of preparafion, the lead agency shall
use either certified mail or any other method of transmittal that provides
it with a record that the notice was received.
(4) The lead agency may begin work on the draft EIR immediately
without awaiting responses to the notice of preparation. The draft EIR in
preparation may need to be revised or expanded to conform to responses
to the notice of preparation. A lead agency shall not circulate a draft EIR
for public review before the time period for responses to the notice of
preparation has expired.
(b) Response to Notice of Preparation. Within 30 days after receiving
the notice of preparation under subdivision (a), each responsible and
trustee agency and the Office of Planning and Research shall provide the
lead agency with specific detail about the scope and content of the envi-
ronmental information related to the responsible or trustee agency's area
of statutory responsibility that must be included in the draft EIR.
(1) The response at a minimum shall idenfify:
(A) The significant environmental issues and reasonable alternatives
and mitigation measures that the responsible or trustee agency, or the Of-
fice of Planning and Research will need to have explored in the draft EIR;
and
(B) Whether the agency will be a responsible agency or trustee agency
for the project.
(2) If a responsible or trustee agency, or the Office of Planning and Re-
search fails by the end of the 30-day period to provide the lead agency
with either a response to the notice or a well-justified request for addi-
tional time, the lead agency may presume that none of those entities have
a response to make.
(3) A generalized list of concerns not related to the specific project
shall not meet the requirements of this section for a response.
(c) Meetings. In order to expedite the consultation, the lead agency, a
responsible agency, a trustee agency, the Office of Planning and Re-
search, or a project applicant may request one or more meetings between
representatives of the agencies involved to assist the lead agency in deter-
mining the scope and content of the environmental informafion that the
responsible or trustee agency may require. Such meetings shall be con-
vened by the lead agency as soon as possible, but no later than 30 days
after the meetings were requested. On request, the Office of Planning and
Research will assist in convening meetings that involve state agencies.
(1) For projects of statewide, regional or areawide significance pur-
suant to Section 1 5206, the lead agency shall conduct at least one scoping
meeting. A scoping meeting held pursuant to the National Environmental
Policy Act, 42 USC 4321 et seq. (NEPA) in the city or county within
which the project is located satisfies this requirement if the lead agency
meets the notice requirements of subsecdon (c)(2) below.
(2) The lead agency shall provide nofice of the scoping meeting to all
of the following:
(A) any county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by agreement
between the lead agency and the county or city;
(B) any responsible agency
(C) any public agency that has jurisdiction by law with respect to the
project;
(D) any organizafion or individual who has filed a written request for
the nofice.
(3) A lead agency shall call at least one scoping meeting for a proposed
project that may affect highways or other facilifies under the jurisdiction
of the Department of Transportation if the meeting is requested by the de-
partment. The lead agency shall call the scoping meedng as soon as pos-
sible but not later than 30 days after receiving the request from the De-
partment of Transportation.
(d) The Office of Planning and Research. The Office of Planning and
Research will ensure that the state responsible and trustee agencies reply
to the lead agency within 30 days of receipt of the nofice of preparation
by the state responsible and trustee agencies.
(e) Identificafion Number. When the notice of preparation is submitted
to the State Clearinghouse, the state idenfification number issued by the
Clearinghouse shall be the idenfificafion number for all subsequent envi-
ronmental documents on the project. The identificafion number should
be referenced on all subsequent correspondence regarding the project,
specifically on the title page of the draft and final EIR and on the notice
of determinafion.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.9, 21080.4 and 21098, Public Resources Code.
History
1. Amendment of subsection (b) filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5).
2. Change without regulatory effect amending subsection (a)(2) filed 2-1-2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 5).
3. Amendment of section heading, section and Note filed 9-7-2004; operative
9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004,
No. 37).
4. Change without regulatory effect amending section and Note filed 10-6-2005
pursuant to section 100, title 1 , California Code of Regulations (Register 2005,
No. 40).
5. Amendment of subsections (a) and (c)(1), new subsection (c)(2), subsection re-
numbering and amendment of Note filed 7-27-2007; operative 7-27-2007
pursuant to Public Resources Code section 21083(0 (Register 2007, No. 30).
§15083. Early Public Consultation.
Prior to compleUng the draft EIR, the lead agency may also consult di-
rectly with any person or organization it believes will be concerned with
the environmental effects of the project. Many public agencies have
found that early consultation solves many potenfial problems that would
arise in more serious forms later in the review process. This early consul-
tation may be called scoping. Scoping will be necessary when preparing
an EIR/EIS jointly with a federal agency.
(a) Scoping has been helpful to agencies in idenfifying the range of ac-
tions, alternatives, mitigation measures, and significant effects to be ana-
lyzed in depth in an EIR and in eliminating from detailed study issues
found not to be important.
(b) Scoping has been found to be an effective way to bring together and
resolve the concerns of affected federal, state, and local agencies, the pro-
ponent of the action, and other interested persons including those who
might not be in accord with the action on environmental grounds.
(c) Where scoping is used, it should be combined to the extent possible
with consultation under Section 15082.
Page 679
Register 2007, No. 30; 7-27-2007
§ 15083.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21082.1. Public Resources Code; Section 4, Chapter 480 of the Statutes of
1981 ; 40 Code of Federal Regulations, Part 1501 .7.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No, 40).
§ 1 5083.5. City or County Consultation with Water
Agencies. [Repealed]
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 151 .9, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a)(2)(B) and amending
Note filed 1 0-6-2005 pursuant to section 100, title 1 , California Code of Regu-
lations (Register 2005, No. 40).
3. Repealer filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources
Code secfion 21083(0 (Register 2007, No. 30).
§15084. Preparing the Draft EIR.
(a) The draft EIR shall be prepared directly by or under contract to the
lead agency. The required contents of a draft EIR are discussed in Article
9 beginning with Section 15120.
(b) The lead agency may require the project applicant to supply data
and information both to determine whether the project may have a signif-
icant effect on the environment and to assist the lead agency in preparing
the draft EIR. The requested information should include an identification
of other public agencies which will have jurisdiction by law over the proj-
ect.
(c) Any person, including the applicant, may submit information or
comments to the lead agency to assist in the preparation of the draft EIR.
The submittal may be presented in any format, including the form of a
draft EIR. The lead agency must consider all information and comments
received. The information or comments may be included in the draft EIR
in whole or in part.
(d) The lead agency may choose one of the following arrangements or
a combination of them for preparing a draft EIR.
(1) Preparing the draft EIR directly with its own staff.
(2) Contracting with another entity, public or private, to prepare the
draft EIR.
(3) Accepting a draft prepared by the applicant, a consultant retained
by the applicant, or any other person.
(4) Executing a third party contract or memorandum of understanding
with the applicant to govern the preparation of a draft EIR by an indepen-
dent contractor.
(5) Using a previously prepared EIR.
(e) Before using a draft prepared by another person, the lead agency
shall subject the draft to the agency's own review and analysis. The draft
EIR which is sent out for public review must reflect the independent
judgment of the lead agency. The lead agency is responsible for the ade-
quacy and objectivity of the draft EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21082.1, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15085. Notice of Completion.
(a) As soon as the draft EIR is completed, a notice of completion must
be filed with the Office of Planning and Research in a printed hard copy
or in electronic form on a diskette or by electronic mail transmission.
(b) The notice of completion shall include:
(1) A brief description of the project,
(2) The proposed location of the project (either by street address and
cross street, for a project in an urbanized area, or by attaching a specific
map, preferably a copy of a U.S.G.S. 15 ' or 7-1/2' topographical map
identified by quadrangle name).
(3) An address where copies of the draft EIR are available, and
(4) The review period during which comments will be received on the
draft EIR.
(c) A sample form for the notice of completion is included in Appendix
L.
(d) Where the EIR will be reviewed through the state review process
handled by the State Clearinghouse, the notice of completion cover form
required by the State Clearinghouse will serve as the notice of completion
(see Appendix C).
(e) Public agencies are encouraged to make copies of notices of com-
pletion filed pursuant to this section available in electronic format on the
Internet.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fion 21161, Public Resources Code.
History
1. Amendment of subsections (a) and (d) filed 1-30-86; effecfive thirtieth day
thereafter (Register 86, No. 5).
2. Amendment of subsection (a) and new subsecfion (e) filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
3. Amendment of subsections (b)(2) and (b)(4)-(d) filed 9-7-2004; operative
9-7-2004 pursuant to Public Resources Code section 21 083(e) (Register 2004,
No. 37).
4. Change without regulatory effect amending subsection (a) and amending NOTE
filed 10-6-2005 pursuant to secfion 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 15086. Consultation Concerning Draft EIR.
(a) The lead agency shall consult with and request comments on the
draft EIR from:
(1) Responsible agencies,
(2)sTrustee agencies with resources affected by the project, and
(3) Any other state, federal, and local agencies which have jurisdiction
by law with respect to the project or which exercise authority over re-
sources which may be affected by the project, including water agencies
consulted pursuant to section 15083.5.
(4) Any city or county which borders on a city or county within which
the project is located.
(5) For a project of statewide, regional, or areawide significance, the
transportation planning agencies and public agencies which have trans-
portation facilities within their jurisdictions which could be affected by
the project. "Transportation facilities" includes: major local arterials and
public transit within five miles of the project site, and freeways, high-
ways and rail transit service within 10 miles of the project site.
(6) For a state lead agency when the EIR is being prepared for a high-
way or freeway project, the State Air Resources Board as to the air pollu-
tion impact of the potential vehicular use of the highway or freeway and
if a non-attainment area, the local air quality management district for a
determination of conformity with the air quality management plan.
(7) For a subdivision project located within one mile of a facility of the
State Water Resources Development System, the California Department
of Water Resources.
(b) The lead agency may consult directly with:
(1 ) Any person who has special expertise with respect to any environ-
mental impact involved,
(2) Any member of the public who has filed a written request for notice
with the lead agency or the clerk of the governing body.
(3) Any person identified by the applicant whom the applicant believes
will be concerned with the environmental effects of the project.
(c) A responsible agency or other public agency shall only make sub-
stantive comments regarding those activities involved in the project that
are within an area of expertise of the agency or which are required to be
carried out or approved by the responsible agency. Those comments shall
be supported by specific documentation.
(d) Prior to the close of the public review period, a responsible agency
or trustee agency which has identified what that agency considers to be
significant environmental effects shall advise the lead agency of those ef-
fects. As to those effects relevant to its decision, if any, on the project, the
responsible or trustee agency shall either submit to the lead agency com-
plete and detailed performance objectives for mitigation measures ad-
Page 680
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15088
•
dressing those effects or refer the lead agency to appropriate, readily
available guidelines or reference documents concerning mitigation mea-
sures. If the responsible or trustee agency is not aware of mitigation mea-
sures that address identified effects, the responsible or trustee agency
shall so state.
NOTE: Authority cited: Section 21083, Public Resources Code. Rel'erence: Sec-
tions 21081.6, 2'l092.4, 21092.5, 21 104 and 21153, Public Resources Code.
History
1 . Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect repealing subsection (a)(6) and renumbering
subsections filed 2-1-2001 pursuant to section 100, title I, California Code of
Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15087. Public Review of Draft EIR.
(a) The lead agency shall provide public notice of the availability of
a draft EIR at the same time as it sends a notice of completion to the Office
of Planning and Research. If the United States Department of Defense or
any branch of the United States Armed Forces has given the lead agency
written notification of the specific boundaries of a low-level flight path,
military impact zone, or special use airspace and provided the lead
agency with written notification of the contact office and address for the
military service pursuant to subdivision (b) of Section 15190.5, then the
lead agency shall include the specified military contact office in the list
of organizations and individuals receiving a notice of availability of a
draft EIR pursuant to this section for projects that meet the criteria set
forth in subdivision (c) of Section 15190.5. The public notice shall be
given as provided under Section 1 5 1 05 (a sample form is provided in Ap-
pendix L). Notice shall be mailed to the last known name and address of
all organizations and individuals who have previously requested such
notice in writing, and shall also be given by at least one of the following
procedures:
(1) Publication at least one time by the public agency in a newspaper
of general circulation in the area affected by the proposed project. If more
than one area is affected, the notice shall be published in the newspaper
of largest circulation from among the newspapers of general circulation
in those areas.
(2) Posting of notice by the public agency on and off the site in the area
where the project is to be located.
(3) Direct mailing to the owners and occupants of property contiguous
to the parcel or parcels on which the project is located. Owners of such
property shall be identified as shown on the latest equalized assessment
roll.
(b) The alternatives for providing notice specified in subdivision (a)
shall not preclude a public agency from providing additional notice by
other means if such agency so desires, nor shall the requirements of this
section preclude a public agency from providing the public notice re-
quired by this section at the same time and in the same manner as public
notice otherwise required by law for the project.
(c) The notice shall disclose the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which
the lead agency will receive comments. If the review period is shortened,
the notice shall disclose that fact.
(3) The date, time, and place of any scheduled public meetings or hear-
ings to be held by the lead agency on the proposed project when known
to the lead agency at the time of notice.
(4) A list of the significant environmental effects anticipated as a result
of the project, to the extent which such effects are known to the lead
agency at the time of the notice.
(5) The address where copies of the EIR and all documents referenced
in the EIR will be available forpublic review. This location shall be readi-
ly accessible to the public during the lead agency's normal working
hours.
(6) The presence of the site on any of the lists of sites enumerated under
Section 65962.5 of the Government Code including, but not limited to
lists of hazardous waste facilities, land designated as hazardous waste
property, hazardous waste disposal sites and others, and the information
in the Hazardous Waste and Substances Stateinenl required under subdi-
vision (f) of that Section.
(d) The notice required under this section shall be posted in the office
of the county clerk of each county in which the project will be located for
a period of at least 30 days. The county clerk shall post such notices with-
in 24 hours of receipt.
(e) In order to provide sufficient time for public review, the review pe-
riod foradraftEIR shall be as provided in Section 15105. The review pe-
riod shall be combined with the consultation required under Section
15086. When a draft EIR has been submitted to the State Clearinghouse,
the public review period shall be at least as long as the review period es-
tablished by the State Clearinghouse. The public review period and the
state agency review period may, but are not required to, begin and end
at the same time. Day one of the state review period shall be the date that
the State Clearinghouse distributes the document to state agencies.
(f) Public agencies shall use the Stale Clearinghouse to distribute draft
EIRs to state agencies for review and should use areawide clearinghouses
to distribute the documents to regional and local agencies.
(g) To make copies of EIRs available to the public, lead agencies
should furnish copies of draft EIRs to public library systems serving the
area involved. Copies should also be available in offices of the lead
agency.
(h) Public agencies should compile hstings of other agencies, particu-
larly local agencies, which have jurisdiction by law and/or special exper-
tise with respect to various projects and project locations. Such listings
should be a guide in determining which agencies should be consulted
with regard to a particular project.
(i) Public hearings may be conducted on the environmental docu-
ments, either in separate proceedings or in conjunction with other pro-
ceedings of the public agency. Public hearings are encouraged, but not
required as an element of the CEQA process.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21091, 21092, 21092.2, 21092.3, 21092.6, 21098, 21 104, 21 152, 21 153 and
21 161, Public Resources Code.
History
1. Amendment of subsection (a) filed 1-30-86; effecdve thirtieth day thereafter
(Register 86, No. 5).
2. Amendment of subsection (a)(3) and Note filed 8-19-94; operative 9-19-94
(Register 94, No. 33).
3. Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant
to Government Code section 1 1343.4(d) (Register 97, No. 22).
4. Amendment of subsection (a) and Note filed 9-7-2004; operative 9-7-2004
pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsections (a), (b) and (c)(6) and
amending Note filed 10-6-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 40).
6. Amendment of subsections (a) and (e) and amendment of NOTE filed
7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section
21083(0 (Register 2007, No. 30).
§ 15088. Evaluation of and Response to Comments.
(a) The lead agency shall evaluate comments on environmental issues
received from persons who reviewed the draft EIR and shall prepare a
written response. The lead agency shall respond to comments received
during the noticed comment period and any extensions and may respond
to late comments.
(b) The lead agency shall provide a written proposed response to a
public agency on comments made by that public agency at least 10 days
prior to certifying an environmental impact report.
(c) The written response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed project to
mitigate anticipated impacts or objections). In particular, the major envi-
ronmental issues raised when the lead agency's position is at variance
with recommendations and objections raised in the comments must be
addressed in detail giving reasons why specific comments and sugges-
Page 681
Register 2007, No. 30; 7-27-2007
§ 15088.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
lions were not accepted. There must be good faith, reasoned analysis in
response. Conclusory statements unsupported by factual information
will not suffice.
(d) The response to comments may take the form of a revision to the
draft EIR or may be a separate section in the final EIR. Where the re-
sponse to comments makes important changes in the information con-
tained in the text of the draft EIR, the lead agency should either:
(1) Revise the text in the body of the EIR, or
(2) Include marginal notes showing that the information is revised in
the response to comments.
NOTE: Authority cited: Section 21083, Pubhc Resources Code. Reference: Sec-
tions 21092.5, 21104 and 21153, Public Resources Code: People v. County of
Kern. (1974) 39 Cal. App. 3d 830; Cleary v. Counh' of Stanislaus. (1981) 1 18 Cal.
App. 3d 348.
History
1. New subsection (b), subsection relettering and amendment of Note filed
9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section
21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No. 40).
§ 15088.5. Recirculation of an EIR Prior to Certification.
(a) A lead agency is required to recirculate an EIR when significant
new information is added to the EIR after public notice is given of the
availability of the draft EIR for public review under Section 15087 but
before certification. As used in this section, the term "information" can
include changes in the project or environmental setting as well as addi-
tional data or other information. New information added to an EIR is not
"significant" unless the EIR is changed in a way that deprives the public
of a meaningful opportunity to comment upon a substantial adverse envi-
ronmental effect of the project or a feasible way to mitigate or avoid such
an effect (including a feasible project alternative) that the project's pro-
ponents have declined to implement. "Significant new information" re-
quiring recirculation include, for example, a disclosure showing that:
(1) A new significant environmental impact would result from the
project or from a new mitigation measure proposed to be iinplemented.
(2) A substantial increase in the severity of an environmental impact
would result unless mitigation measures are adopted that reduce the im-
pact to a level of insignificance.
(3) A feasible project alternative or mitigation measure considerably
different from others previously analyzed would clearly lessen the signif-
icant environmental impacts of the project, but the project's proponents
decline to adopt it.
(4) The draft EIR was so fundamentally and basically inadequate and
conclusory in nature that meaningful public review and comment were
precluded. (Mountain Lion Coalition v. Fish & Game Com. (1989) 214
Cal.App.3d 1043).
(b) Recirculation is not required where the new information added to
the EIR merely clarifies or amplifies or makes insignificant modifica-
tions in an adequate EIR.
(c) If the revision is limited to a few chapters or portions of the EIR,
the lead agency need only recirculate the chapters or portions that have
been modified.
(d) Recirculation of an EIR requires notice pursuant to Section 15087,
and consultation pursuant to Section 15086.
(e) A decision not to recirculate an EIR must be supported by substan-
tial evidence in the administrative record.
(f) The lead agency shall evaluate and respond to comments as pro-
vided in Section 15088. Recirculating an EIR can result in the lead
agency receiving more than one set of comments from reviewers. The
following are two ways in which the lead agency may identify the set of
comments to which it will respond. This dual approach avoids confusion
over whether the lead agency must respond to comments which are dupli-
cates or which are no longer pertinent due to revisions to the EIR. In no
case shall the lead agency fail to respond to pertinent comments on signif-
icant environmental issues.
(1) When an EIR is substantially revised and the entire document is re-
circulated, the lead agency may require reviewers to submit new com-
ments and, in such cases, need not respond to those comments received
during the earlier circulation period. The lead agency shall advise re-
viewers, either in the text of the revised EIR or by an aUacbment to the
revised EIR, that although part of the administrative record, the previous
comments do not require a written response in the final EIR, and that new
comments must be submitted for the revised EIR. The lead agency need
only respond to those comments submitted in response to the recirculated
revised EIR.
(2) When the EIR is revised only in part and the lead agency is recircu-
lating only the revised chapters or portions of the EIR, the lead agency
may request that reviewers limit their comments to the revised chapters
or portions of the recirculated EIR. The lead agency need only respond
to (i) comments received during the initial circulation period that relate
to chapters or portions of the document that were not revised and recircu-
lated, and (ii) comments received during the recirculation period that re-
late to the chapters or portions of the earlier EIR that were revised and
recirculated. The lead agency's request that reviewers limit the scope of
their comments shall be included either within the text of the revised EIR
or by an attachment to the revised EIR.
(3) As part of providing notice of recirculation as required by Pubhc
Resources Code Section 21092.1, the lead agency shall send a notice of
recirculation to every agency, person, or organization that commented on
the prior EIR. The notice shall indicate, at a minimum, whether new com-
ments may be submitted only on the recirculated portions of the EIR or
on the entire EIR in order to be considered by the agency.
(g) When recirculating a revised EIR, either in whole or in part, the
lead agency shall, in the revised EIR or by an attachment to the revised
EIR, summarize the revisions made to the previously circulated draft
EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21092.1, Public Resources Code; Laurel Heights Improvement Association
V. Regents of the University of California (1993) 6 Cal. 4th 1112.
History
1 . New section filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. New subsections (f)-(g) filed 1 0-26-98; operative 1 0-26-98 pursuant to Public
Resources Code section 21087 (Register 98, No. 44).
3. Amendment of subsections (f)-(0(2) and new subsection (f)(3) filed 9-7-2004;
operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Reg-
ister 2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15089. Preparation of Final EIR.
(a) The lead agency shall prepare a final EIR before approving the
project. The contents of a final EIR are specified in Section 15132 of
these guidelines.
(b) Lead agencies may provide an opportunity for review of the final
EIR by the public or by commenting agencies before approving the proj-
ect. The review of a final EIR should focus on the responses to comments
on the draft EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21100, 21105 and 21 151, Public Resources Code; City of Carmel-by-t he-
Sea v. Boardof Supervisors, (1977) 71 Cal. App. 3d 84; State Administrative Man-
ual, Section 1060.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, ntle 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5090. Certification of the Final EIR.
(a) Prior to approving a project the lead agency shall certify that:
(1) The final EIR has been completed in compliance with CEQA;
(2) The final EIR was presented to the decisionmaking body of the lead
agency and that the decisionmaking body reviewed and considered the
information contained in the final EIR prior to approving the project; and
(3) The final EIR reflects the lead agency's independent judgment and
analysis.
(b) When an EIR is certified by a non-elected decision-making body
within a local lead agency, that certification may be appealed to the local
lead agency's elected decision-making body, if one exists. For example,
certification of an EIR for a tentative subdivision map by a city's plan-
Page 682
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15094
ning commission may be appealed to the city council. Each local lead
agency shall provide for such appeals.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 082. 1 . 2 1 100 and 211 5 1 , Public Resources Code; C/A' ofCarmel-bv-tlie-
Sen V. Board of Supen'isors (1977) 71 Cal. App. 3d 84; Kleist v. City of Glendale
(1976)56Cal. App. 3d770.
History
1. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
22)
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15091. Findings.
(a) No public agency shall approve or carry out a project for which an
EIR has been certified which identifies one or more significant environ-
mental effects of the project unless the public agency makes one or more
written findings for each of those significant effects, accompanied by a
brief explanation of the rationale for each finding. The possible findings
are:
(1) Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant environ-
mental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and juris-
diction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should
be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other consider-
ations, including provision of employment opportunities for highly
trained workers, make infeasible the mitigation measures or project alter-
natives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by sub-
stantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency
making the finding has concurrent jurisdiction with another agency to
deal with identified feasible mitigation measures or alternatives. The
finding in subdivision (a)(3) shall describe the specific reasons for reject-
ing identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the
agency shall also adopt a program for reporting on or monitoring the
changes which it has either required in the project or made a condition
of approval to avoid or substandally lessen significant environmental ef-
fects. These measures must be fully enforceable through permit condi-
tions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the
documents or other material which constitute the record of the proceed-
ings upon which its decision is based.
(f) A statement made pursuant to Section 1 5093 does not substitute for
the findings required by this section.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21002.1, 21081 and 21081.6, Public Resources Code; Laurel Hills
Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515; Cleary v.
County of Stanislaus (1981)1 18 Cal. App. 3d 348; Sierra Club v. Contra Costa
Countv (\992) 10Cal.App.4th 1212; Citizens for Quality Growthv. City of Mount
Shasta (1988) 198 Cal.App.3d 433.
History
1. AiTiendment of subsections (a) and (a)(3), new subsections (d) and (e), and
amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 97, No. 22).
2. Amendment of subsection (c), new subsection (f) and amendment of Note filed
10-26-98; operative 10-26-98 pursuant to Public Resources Code section
2]087(Register98, No. 44).
3. Change without regulatory effect amending subsections (b)-(d) and amending
Note filed 10-6-2005 pursuant to section 100,Utle 1, California Code of Regu-
lations (Register 2005, No. 40).
§15092. Approval.
(a) After considering the final EIR and in conjunction with making
findings under Section 15091, the lead agency may decide whether or
how to approve or carry out the project.
(b) A public agency shall not decide to approve or carry out a project
for which an EIR was prepared unless either:
(1 ) The project as approved will not have a significant effect on the en-
vironment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in findings under Section 15091,
and
(B) Determined that any remaining significant effects on the environ-
ment found to be unavoidable under Section 1 5091 are acceptable due to
overriding concerns as described in Section 15093.
(c) With respect to a project which includes housing development, the
public agency shall not reduce the proposed number of housing units as
a mitigation measure if it determines that there is another feasible specific
mitigation measure available that will provide a comparable level of miti-
gation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21002.1, 21081 and 21159.26, Public Resources Code; Friends of
Mammoth v. Board of Supervisors, (1972) 8 Cal. App. 3d 247; San Francisco
Ecology Center v. City and County of San Francisco, (1 975) 48 Cal. App. 3d 584;
City of Carmel-by-the-Sea v. Board of Superx'isors, (1977) 71 Cal. App. 3d 84;
Laurel Hills Homeowners Association v. City Council, (1978) 83 Cal. App. 3d
515.
History
1 . Change without regulatory effect amending Note filed 7-22-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 30).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15093. Statement of Overriding Considerations.
(a) CEQA requires the decision-making agency to balance, as applica-
ble, the economic, legal, social, technological, or other benefits of a pro-
posed project against its unavoidable environmental risks when deter-
mining whether to approve the project. If the specific economic, legal,
social, technological, or other benefits of a proposal project outweigh the
unavoidable adverse environmental effects, the adverse environmental
effects may be considered "acceptable."
(b) When the lead agency approves a project which will result in the
occurrence of significant effects which are identified in the final EIR but
are not avoided or substantially lessened, the agency shall state in writing
the specific reasons to support its action based on the final EIR and/or
other information in the record. The statement of overriding consider-
ations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the
statement should be included in the record of the project approval and
should be mentioned in the notice of determination. This statement does
not subsdtute for, and shall be in addition to, findings required pursuant
to Section 15091.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002 and 21081, Public Resources Code; San Francisco Ecology Centers.
City and County of San Francisco ( 1 975) 48 Cal. App. 3d 584; City of Carmel-by-
the-Sea v. Board of Supervisors (1977) 71 Cal. App. 3d 84; Sierra Club v. Contra
Costa County (1992) 10 Cal.App.4th 1212; Citizens for Quality Growth v. City of
Mount Shasta (1988) 198 Cal.App.3d 433.
History
1. Amendment of subsections (a) and (b) and amendment of Note filed 5-27-97;
operafive 5-27-97 pursuant to Government Code section 1 1343.4(d) (Register
97, No. 22).
2. Amendment of subsections (b) and (c) and amendment of Note filed 10-26-98;
operative 1 0-26-98 pursuant to Public Resources Code section 2 1 087 (Register
98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§15094. Notice of Determination.
(a) The lead agency shall file a notice of determination within five
working days after deciding to carry out or approve the project.
(b) The notice of determination shall include:
(1) An identification of the project including the project title as identi-
fied on the draft EIR, and the location of the project (either by street ad-
dress and cross street for a project in an urbanized area or by attaching
aspecificmap, preferably a copy of a U.S.G.S. 15' or 7-1/2' topograph-
Page 683
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§ 15095
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ical map identified by quadrangle name). If the notice of determination
is filed with the State Clearinghouse, the State Clearinghouse identifica-
tion number for the draft EIR shall be provided.
(2) A brief description of the project.
(3) The lead agency's name and the date on which the agency ap-
proved the project. If a responsible agency files the notice of determina-
tion pursuant to Section 15096(i), the responsible agency's name and
date of approval shall also be identified.
(4) The determination of the agency whether the project in its ap-
proved form will have a significant effect on the environment.
(5) A statement that an EIR was prepared and certified pursuant to the
provisions of CEQA.
(6) Whether mitigation measures were made a condition of the approv-
al of the project, and whether a mitigation monitoring plan/program was
adopted.
(7) Whether findings were made pursuant to Section 15091.
(8) Whether a statement of overriding considerations was adopted for
the project.
(9) The address where a copy of the final EIR and the record of project
approval may be examined.
(c) If the lead agency is a state agency, the lead agency shall file the
notice of determination with the Office of Planning and Research within
five working days after approval of the project by the lead agency.
(d) If the lead agency is a local agency, the local lead agency shall file
the notice of determination with the county clerk of the county or coun-
ties in which the project will be located, witfiin five working days after
approval of the project by the lead agency. If the project requires discre-
tionary approval from any state agency, the local lead agency shall also,
within five working days of this approval, fileacopy of the notice of de-
termination with the Office of Planning and Research.
(e) A notice of determination filed with the county clerk shall be avail-
able for pubhc inspection and shall be posted within 24 hours of receipt
for a period of at least 30 days. Thereafter, the clerk shall return the notice
to the local lead agency with a notation of the period during which it was
posted. The local lead agency shall retain the notice for not less than 12
months.
(f) A notice of determination filed with the Office of Planning and Re-
search shall be available for public inspection and shall be posted for a
period of at least 30 days. The Office of Planning and Research shall re-
tain each notice for not less than 12 months.
(g) The filing of the notice of determinafion pursuant to subdivision
(c) above for state agencies and the filing and posting of the notice of de-
termination pursuant to subdivisions (d) and (e) above for local agencies,
start a 30-day statute of limitations on court challenges to the approval
under CEQA.
(h) A sample notice of determination is provided in Appendix D. Each
pubhc agency may devise its own form, but any such form shall include,
at a minimum, the informafion required by subdivision (b). Public agen-
cies are encouraged to make copies of all notices filed pursuant to this
section available in electronic format on the Internet. Such electronic no-
tices are in addition to the posting requirements of the Guidelines and the
Public Resources Code.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 11 08, 2 11 52 and 21167, Public Resources Code; Citizens of Lake Murray
Area Association v. City Council, (1982) 129 Cal. App. 3d 436.
History
1. Amendment of subsections (b) and (c) filed 1-30-86; effective thirtieth day
thereafter (Register 86, No. 5).
2. Amendment of subsection (a), new subsections (d) and (e), subsection reletter-
ing, and amendment of newly designated subsection (f) filed 5-27-97; opera-
tive 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97,
No. 22).
3. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending subsections (c)-(h) and amending
Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regu-
lations (Register 2005, No. 40).
§ 15095. Disposition of a Final EIR.
The lead agency shall:
(a) File a copy of the final EIR with the appropriate planning agency
of any city, county, or city and county where significant effects on the
environment may occur.
(b) Include the final EIR as part of the regular project report which is
used in the existing project review and budgetary process if such a report
is used.
(c) Retain one or more copies of the final EIR as public records for a
reasonable period of time.
(d) Require the applicant to provide a copy of the certified, final EIR
to each responsible agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 105, 21 151 and 21165. Public Resources Code; Count^' oflnvo v. Yorty,
(1973)32Cal. App. 3d795.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5096. Process for a Responsible Agency.
(a) General. A responsible agency comphes with CEQA by consider-
ing the EIR or negative declaraUon prepared by the lead agency and by
reaching its own conclusions on whether and how to approve the project
involved. This section identifies the special duties a public agency will
have when acting as a responsible agency.
(b) Response to Consultation. A responsible agency shall respond to
consultation by the lead agency in order to assist the lead agency in pre-
paring adequate environmental documents for the project. By this means,
the responsible agency will ensure that the documents it will use will
comply with CEQA.
(1) In response to consultation, a responsible agency shall explain its
reasons for recommending whether the lead agency should prepare an
EIR or negative declaration for a project. Where the responsible agency
disagrees with the lead agency's proposal to prepare a negative declara-
tion for a project, the responsible agency should identify the significant
environmental effects which it believes could result from the project and
recommend either that an EIR be prepared or that the project be modified
to eliminate the significant effects.
(2) As soon as possible, but not longer than 30 days after receiving a
notice of preparation from the lead agency, the responsible agency shall
send a written reply by certified mail or any other method which provides
the agency with a record showing that the nofice was received. The reply
shall specify the scope and content of the environmental information
which would be germane to the responsible agency's statutory responsi-
bilities in connection with the proposed project. The lead agency shall in-
clude this information in the EIR.
(c) Meetings. The responsible agency shall designate employees or
representatives to attend meetings requested by the lead agency to dis-
cuss the scope and content of the EIR.
(d) Comments on Draft EIRs and Negative Declarations. A responsi-
ble agency should review and comment on draft EIRs and negative decla-
rations for projects which the responsible agency would later be asked to
approve. Comments should focus on any shortcomings in the EIR, the
appropriateness of using a negaUve declaration, or on additional alterna-
tives or mitigation measures which the EIR should include. The com-
ments shall be limited to those project activities which are within the
agency's area of expertise or which are required to be carried out or ap-
proved by the agency or which will be subject to the exercise of powers
by the agency. Comments shall be as specific as possible and supported
by either oral or written documentation.
(e) Decision on Adequacy of EIR or Negafive Declaration. If a respon-
sible agency believes that the final EIR or negafive declarafion prepared
by the lead agency is not adequate for use by the responsible agency, the
responsible agency must either:
(1) Take the issue to court within 30 days after the lead agency files
a notice of determinafion;
Page 684
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Title 14
Resources Agency
§ 15097
(2) Be deemed to have waived any objection to tiie adequacy of the
EIR or negative declaration;
(3) Prepare a subsequent EIR if permissible under Section 1 5162; or
(4) Assume the lead agency role as provided in Section 1 5052(a)(3).
(f) Consider the EIR or Negative Declaration. Prior to reaching a deci-
sion on the project, the responsible agency must consider the environ-
mental effects of the project as shown in the EIR or negative declaration.
A subsequent or supplemental EIR can be prepared only as provided in
Sections 15162 or 15163.
(g) Adoption of Alternatives or Mitigation Measures.
(1) When considering alternatives and mitigation measures, a respon-
sible agency is more limited than a lead agency. A responsible agency has
responsibility for mitigating or avoiding only the direct or indirect envi-
ronmental effects of those parts of the project which it decides to carry
out, finance, or approve.
(2) When an EIR has been prepared for a project, the Responsible
Agency shall not approve the project as proposed if the agency finds any
feasible alternative or feasible mitigation measures within its powers that
would substantially lessen or avoid any significant effect the project
would have on the environment. With respect to a project which includes
housing development, the responsible agency shall not reduce the pro-
posed number of housing units as a mitigation measure if it determines
that there is another feasible specific mitigation measure available that
will provide a comparable level of mitigation.
(h) Findings. The responsible agency shall make the findings required
by Section 1 509 1 for each significant effect of the project and shall make
the findings in Section 15093 if necessary.
(i) Notice of Determination. The responsible agency should file a no-
tice of determination in the same manner as a lead agency under Section
15075 or 15094 except that the responsible agency does not need to state
that the EIR or negative declaration complies with CEQA. The responsi-
ble agency should state that it considered the EIR or negative declaration
as prepared by a lead agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21165, 21080.1, 21080.3, 21080.4, 21082.1 and 21002.1(b) and (d). Public
Resources Code.
History
1. Amendment of subsections (b) and (d) filed 1-30-86; effective thirtieth day
thereafter (Register 86, No. 5).
2. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15097. Mitigation Monitoring or Reporting.
(a) This section applies when a public agency has made the findings
required under paragraph (1) of subdivision (a) of Section 1509! relative
to an EIR or adopted a mitigated negative declaration in conjunction with
approving a project. In order to ensure that the mitigation measures and
project revisions identified in the EIR or negative declaration are im-
plemented, the public agency shall adopt a program for monitoring or re-
porting on the revisions which it has required in the project and the mea-
sures it has imposed to mitigate or avoid significant environmental
effects. A public agency may delegate reporting or monitoring responsi-
bilities to another public agency or to a private entity which accepts the
delegation; however, until mitigation measures have been completed the
lead agency remains responsible for ensuring that implementation of the
mitigation measures occurs in accordance with the program.
(b) Where the project at issue is the adoption of a general plan, specific
plan, community plan or other plan-level document (zoning, ordinance,
regulation, policy), the monitoring plan shall apply to policies and any
other portion of the plan that is a mitigation measure or adopted alterna-
tive. The monitoring plan may consist of policies included in plan-level
documents. The annual report on general plan status required pursuant
to the Government Code is one example of a reporting program for adop-
tion of a city or county general plan.
(c) The public agency may choose whether its program will monitor
mitigation, report on mitigation, or both. "Reporting" generally consists
of a written compliance review that is presented to the decision making
body or authorized staff person. A report may be required at various
stages during project implementation or upon completion of the mitiga-
tion measure. "Monitoring" is generally an ongoing or periodic process
of project oversight. There is often no clear distinction between monitor-
ing and reporting and the program best suited to ensuring compliance in
any given instance will usually involve elements of both. The choice of
program may be guided by the following:
(1) Reporting is suited to projects which have readily measurable or
quantitative mitigation measures or which already involve regular re-
view. For example, a report may be required upon issuance of final occu-
pancy to a project whose mitigation measures were confirmed by build-
ing inspection.
(2) Monitoring is suited to projects with complex mitigation measures,
such as wetlands restoration or archeological protection, which may ex-
ceed the expertise of the local agency to oversee, are expected to be im-
plemented over a period of time, or require careful implementation to as-
sure compliance.
(3) Reporting and monitoring are suited to all but the most simple proj-
ects. Monitoring ensures that project compliance is checked on a regular
basis during and, if necessary after, implementation. Reporting ensures
that the approving agency is informed of compliance with mitigation re-
quirements.
(d) Lead and responsible agencies should coordinate their mitigation
monitoring or reporting programs where possible. Generally, lead and re-
sponsible agencies for a given project will adopt separate and different
monitoring or reporting programs. This occurs because of any of the fol-
lowing reasons: the agencies have adopted and are responsible for report-
ing on or monitoring different mitigation measures; the agencies are de-
ciding on the project at different times; each agency has the discretion to
choose its own approach to monitoring or reporting; and each agency has
its own special expertise.
(e) At its discretion, an agency may adopt standardized policies and
requirements to guide individually adopted monitoring or reporting pro-
grams. Standardized policies and requirements may describe, but are not
limited to:
(1) The relative responsibilities of various departments within the
agency for various aspects of monitoring or reporting, including lead re-
sponsibility for administering typical programs and support responsibili-
ties.
(2) The responsibilities of the project proponent.
(3) Agency guidelines for preparing monitoring or reporting pro-
grams.
(4) General standards for determining project compliance with the
mitigation measures or revisions and related conditions of approval.
(5) Enforcement procedures for noncompliance, including provisions
for administrative appeal.
(6) Process for informing staff and decision makers of the relative suc-
cess of mitigation measures and using those results to improve future mit-
igation measures.
(f) Where a trustee agency, in timely commenting upon a draft EIR or
a proposed mitigated negative declaration, proposes mitigation measures
or project revisions for incorporation into a project, that agency, at the
same time, shall prepare and submit to the lead or responsible agency a
draft monitoring or reporting program for those measures or revisions.
The lead or responsible agency may use this information in preparing its
monitoring or reporting program.
(g) When a project is of statewide, regional, or areawide importance,
any transportation information generated by a required monitoring or re-
porting program shall be submitted to the transportation planning agency
in the region where the project is located and to the California Depart-
ment of Transportation. Each transportation planning agency and the
California Department of Transportation shall adopt guidelines for the
submittal of such information.
Note-. Authority: Section 21083, Public Resources Code. References: Sections
2 1 08 1 .6 and 2 1 08 1 .7 , Public Resources Code .
Page 685
Register 2007, No. 30; 7-27-2007
§ 15100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 10-26-98: operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Amendment of subsection (g) filed 9-7-2004: operative 9-7-2004 pursuant to
Public Resources Code section 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending NOTC filed 10-6-2005 pursuant to
seclio^i 100, title h California Code of Regulations (Register 2005, No. 40).
Article 8. Time Limits
§15100. General.
(a) Public agencies shall adopt time limits to govern their implementa-
tion of CEQA consistent with this article.
(b) Public agencies should carry out their responsibilities for preparing
and reviewing EIRs within a reasonable period of time. The requirement
for the preparation of an EIR should not cause undue delays in the pro-
cessing of applications for permits or other entitlements to use.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000-21 176, Public Resources Code.
History
1. Renumbering and amendment of former Article 8 (Sections 15100-15129) to
Article 19 (Sections 15300-15329) and new Article 8 (Sections 15100-151 12)
filed 7-1 3-83; effective thirtieth day thereafter (Register 83, No. 29). For prior
history, see Register 82, No. 2.
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 1 51 01 . Review of Application for Completeness.
A lead agency or responsible agency shall determine whether an appli-
cation for a permit or other entitlement for use is complete within 30 days
from the receipt of the application except as provided in Section 15111.
If no written determination of the completeness of the application is made
within that period, the application will be deemed complete on the 30th
day.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083, Public Resources Code; and Section 65943, Government Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15102. Initial Study.
The lead agency shall determine within 30 days after accepting an
application as complete whether it intends to prepare an EIR or a negative
declaration or use a previously prepared EIR or negative declaration ex-
cept as provided in Section 15111. The 30 day period may be extended
15 days upon the consent of the lead agency and the project applicant.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.2, Public Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 03. Response to Notice of Preparation.
Responsible and Trustee Agencies, and the Office of Planning and Re-
search shall provide a response to a Notice of Preparation to the Lead
Agency within 30 days after receipt of the notice. If they fail to reply
within the 30 days with either a response or a well justified request for
additional time, the lead agency may assume that none of those entitles
have a response to make and may ignore a late response.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.4, Public Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section and Note filed 10-6-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 40).
§15104. Convening of Meetings.
The lead agency shall convene a meeting with agency representatives
to discuss the scope and content of the environinental inforination a re-
sponsible agency will need in the EIR as soon as possible but no later than
30 days after receiving a request for the meeting. The meeting may be re-
quested by the lead agency, a responsible agency, a trustee agency, the
Office of Planning and Research, or by the project applicant.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.4, Public Resources Code.
History
1 . Change without regulatory effect amending section and NOTE filed 10-6-2005
pursuant to section 1 00, title 1, California Code of Regulations (Register 2005,
No. 40).
§ 15105. Public Review Period for a Draft EIR or a
Proposed Negative Declaration or Mitigated
Negative Declaration.
(a) The public review period for a draft EIR shall not be less than 30
days nor should it be longer than 60 days except in unusual circum-
stances. When a draft EIR is submitted to the State Clearinghouse for re-
view by state agencies, the public review period shall not be less than 45
days, unless a shorter period, not less than 30 days, is approved by the
State Clearinghouse.
(b) The public review period for a proposed negative declaration or
mitigated negative declaration shall be not less than 20 days. When a pro-
posed negative declaration or mitigated negative declaration is submitted
to the State Clearinghouse for review by state agencies, the public review
period shall not be less than 30 days, unless a shorter period, not less than
20 days, is approved by the State Clearinghouse.
(c) If a draft EIR or proposed negative declaration or mitigated nega-
tive declaration has been submitted to the State Clearinghouse for review
by state agencies, the public review period shall be at least as long as the
review period established by the State Clearinghouse. The public review
period and the state agency review period may, but are not required to,
begin and end at the same time. Day one of the state review period shall
be the date that the State Clearinghouse distributes the document to state
agencies.
(d) A shortened Clearinghouse review period may be granted in accor-
dance with the provisions of Appendix K and the following principles:
(1) A shortened review shall not be granted for any proposed project
of statewide, areawide, or regional environmental significance.
(2) Requests for shortened review periods shall be submitted to the
Clearinghouse in writing by the decision-making body of the lead
agency, or a representative authorized by ordinance, resolution, or dele-
gation of the decision-making body.
(3) The lead agency has contacted responsible and trustee agencies
and they have agreed to the shortened review period.
(e) The State Clearinghouse shall distribute a draft EIR or proposed
negative declaration or mitigated negative declaration within three work-
ing days after the date of receipt if the submittal is determined by the State
Clearinghouse to be complete.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21091 and 21092, Public Resources Code; People v. County of Kern (1974)
39 Cal. App. 3d 830.
History
1. Amendment of section heading, section and Note filed 5-27-97; operative
5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No.
22).
2. Change without regulatory effect amending subsection (d) filed 2-1-2001 pur-
suant to section 100, title 1, California Code of Regulafions (Register 2001 , No.
5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
4. Amendment of subsection (c), new subsection (e) and amendment of Note filed
7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section
21083(f) (Register 2007, No. 30).
§ 15106. Review by State Agencies.
NOTE: Authority cited : Sections 2 1 083 and 2 1 087, Public Resources Code. Refer-
ence: Sections 21 104 and 21153, Public Resources Code.
Page 686
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15108
History
J . Repealer filed 5-27-97; operative 5-27-97 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 97, No. 22).
§ 1 51 07. Completion of Negative Declaration for Certain
Private Projects.
With pinvate projects involving the issuance of a lease, permit, license,
certificate, or other entitlement for use by one or more public agencies,
the negative declaration must be completed and approved within 180
days from the dale when the lead agency accepted the application as com-
plete.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 100.2 and 21 151.5, Public Resources Code.
History
1. Amendment of section heading and section filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1. California Code of Regulations (Register 2005, No. 40).
§ 15108. Completion and Certification of EIR.
With a private project, the lead agency shall complete and certify the
final EIR as provided in Section 15090 within one year after the date
when the lead agency accepted the application as complete. Lead agency
procedures may provide that the one-year time limit may be extended
once for a period of not more than 90 days upon consent of the lead
agency and the applicant.
[The next page is 687.]
Page 686.1
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15112
•
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 100.2 and 21151.5, Public Resources Code; and Goveniment Code Sec-
tion 65950.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No. 40).
§ 1 51 09. Suspension of Time Periods.
An unreasonable delay by an applicant in meeting requests by the lead
agency necessary for the preparation of a negative declaration or an EIR
shall suspend the running of the time periods described in Sections 15107
and 15108 for the period of the unreasonable delay. Alternatively, an
agency may disapprove a project application where there is unreasonable
delay in meeting requests. The agency may allow a renewed application
to start at the same point in the process where the application was when
it was disapproved.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 100.2 and 21 151.5, Public Resources Code; Carmel Valley View, Ltd. v.
Maggini, 91 Cai. App. 3d 318.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15110. Projects with Federal Involvement.
(a) At the request of an applicant, the lead agency may waive the one-
year time limit for completing and certifying a final EIR or the 105-day
period for completing a negative declaration if:
(1) The project will be subject to CEQA and to the National Environ-
mental Policy Act,
(2) Additional time will be required to prepare a combined EIR-EIS
or combined negative declaration-finding of no significant impact as
provided in Section 15221, and
(3) The time required to prepare the combined document will be short-
er than the time required to prepare the documents separately.
(b) The time limits for taking final action on a permit for a develop-
ment project may also be waived where a combined EIR-EIS will be pre-
pared.
(c) The time limits for processing permits for development projects
under Government Code Sections 65950-65960 shall not apply if federal
statutes or regulations require time schedules which exceed the state time
limits. In this event, any state agencies involved shall make a final deci-
sion on the project within the federal time limits.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.6 and 21083.7, Public Resources Code; Sections 65951 and 65954,
Government Code; Public Law 91-190 as amended, 42 U.S.C.A. 4321-4347.
History
1 . Amendment of subsection (a)(2) filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 151 1 1 . Projects with Short Time Periods for Approval.
(a) A few statutes or ordinances require agencies to make decisions on
permits within time limits that are so short that review of the project under
CEQA would be difficult. To enable the lead agency to comply with both
the permit statute and CEQA, the lead agency shall deem an application
for a project not received for filing under the permit statute or ordinance
until such fime as progress toward completing the environmental docu-
mentafion required by CEQA is sufficient to enable the lead agency to
finish the CEQA process within the short permit time limit. This section
will apply where all of the following conditions are met:
(1) The enabling legislation for a program, other than Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the Govern-
ment Code, requires the lead agency to take action on an applicafion with-
in a specified period of time that is six months or less, and
(2) The enabling legislation provides that the project will become ap-
proved by operation of law if the lead agency fails to take any action with-
in such specified time period, and
(3) The project involves the issuance of a lease, permit, license, certifi-
cate, or other entitlement for use.
(b) Examples of time periods subject to this section include but are not
hmited to:
( 1 ) Action on a timber harvesting plan by the Director of Forestry with-
in 15 days pursuant to Section 4582.7 of the Public Resources Code,
(2) Action on a permit by the San Francisco Bay Conservation and De-
velopment Commission within 90 days pursuant to Section 66632(f) of
the Government Code, and
(3) Action on an oil and gas permit by the Division of Oil and Gas with-
in 10 days pursuant to Sections 3203 or 3724 of the Public Resources
Code.
(c) In any case described in this section, the environmental document
shall be completed or certified and the decision on the project shall be
made within the period established under the Permit Streamlining Act
(Government Code Sections 65920, et seq.).
NOTE: Authority cited: Section 21083. Public Resources Code. Reference: Sec-
tions 21 100.2 and 21 151.5, Public Resources Code; N.R.D.C. v. Areata National
Corp. (1976) 59 Cal. App. 3d 959.
History
1. Repealer of subsection (b)(1), subsection renumbering, amendment of subsec-
tion (c) and amendment of Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, ntle 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 1 2. Statutes of Limitations.
(a) CEQA provides unusually short statutes of limitations on filing
court challenges to the approval of projects under the act.
(b) The statute of limitations periods are not public review periods or
waiting periods for the person whose project has been approved. The
project sponsor may proceed to carry out the project as soon as the neces-
sary permits have been granted. The statute of limitations cuts off the
right of another person to file a court action challenging approval of the
project after the specified time period has expired.
(c) The statute of limitations periods under CEQA are as follows:
(1) Where the pubhc agency filed a notice of determinafion in com-
pliance with Sections 15075 or 15094, 30 days after the filing of the no-
tice and the posting on a hst of such notices.
(2) Where the public agency filed a notice of exemption in compliance
with Section 15062, 35 days after the filing of the notice and the posfing
on a list of such notices.
(3) Where a certified state regulatory agency files a nofice of decision
in compliance with Public Resources Code Section 21080.5(d)(2)(E), 30
days after the filing of the notice.
(4) Where the Secretary for Resources certifies a state environmental
regulatory agency under Public Resources Code Section 21080.5, the
certification may be challenged only during the 30 days following the
certification decision.
(5) Where none of the other statute of limitations periods in this section
apply, 180 days after either:
(A) The public agency's decision to carry out or approve the project,
or
(B) Commencement of the project if the project is undertaken without
a formal decision by the public agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 167, 21 167.3 and 21080.5, Public Resources Code; Kriebel v. Cm' Coun-
cil, 1 12 Cal. App. 3d 693; Citizens of Lake Murray Area Association v. City Coun-
cil, (1982) 129 Cal. App. 3d 436.
History
1. Change without regulatory effect amending subsection (c)(3) filed 7-22-2003
pursuant to secfion 100, title I, California Code of Regulations (Register 2003,
No. 30).
Page 687
Register 2005, No. 40; 10-7-2005
§ 15120
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 9.
Contents of Environmental
Impact Reports
§15120. General.
(a) Environmental Impact Reports shall contain the information out-
lined in this article, but the format of the document may be varied. Each
element must be covered, and when these elements are not separated into
distinct sections, the document shall state where in the document each
element is discussed.
(b) The EIR may be prepared as a separate document, as part of a gen-
eral plan, or as part of a project report. If prepared as a part of the project
report, it must still contain one separate and distinguishable section pro-
viding either analysis of all the subjects required in an EIR or as a mini-
mum, a table showing where each of the subjects is discussed. When the
lead agency is a state agency, the EIR shall be included as part of the regu-
lar project report if such a report is used in the agency's existing review
and budgetary process.
(c) Draft ElRs shall contain the information required by Sections
15122 through 15131. Final ElRs shall contain the same information and
the subjects described in Section 15132.
(d) No document prepared pursuant to this article that is available for
public examination shall include a "trade secret" as defined in Section
6254.7 of the Government Code, information about the location of ar-
chaeological sites and sacred lands, or any other information that is sub-
ject to the disclosure restrictions of Section 6254 of the Government
Code.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21100, 21 105 and 21 160, Public Resources Code.
History
1. Repealer of Article 9 (Sections 15140-15151) and new Article 9 (Sections
15120-15132) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 77, No.
1 ; 76, No. 41 ; 75, Nos. 1 and 1 8; and 73, No. 50.
2. Editorial correction of 7-1 3-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. New subsection (d) and amendment of Note filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
4. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15121. Informational Document.
(a) An EIR is an informational document which will inform public
agency decisionmakers and the public generally of the significant envi-
ronmental effect of a project, identify possible ways to minimize the sig-
nificant effects, and describe reasonable alternatives to the project. The
public agency shall consider the information in the EIR along with other
information which may be presented to the agency.
(b) While the information in the EIR does not control the agency 's ulti-
mate discretion on the project, the agency must respond to each signifi-
cant effect identified in the EIR by making findings under Section 15091
and if necessary by making a statement of overriding considerations un-
der Section 15093.
(c) The information in an EIR may constitute substantial evidence in
the record to support the agency's action on the project if its decision is
later challenged in court.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 2106 1 , Public Resources Code; Carmel Valley View, Lid. v. Board of Supervi-
sors, (1976) 58 Cal. App. 3d 817.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 22. Table of Contents or Index.
An EIR shall contain at least a table of contents or an index to assist
readers in finding the analysis of different subjects and issues.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21061, Public Resources Code.
History
I . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15123. Summary.
(a) An EIR shall contain a brief summary of the proposed actions and
its consequences. The language of the summary should be as clear and
simple as reasonably practical.
(b) The summary shall identify:
(1) Each significant effect with proposed mitigation measures and al-
ternatives that would reduce or avoid that effect;
(2) Areas of controversy known to the lead agency including issues
raised by agencies and the public; and
(3) Issues to be resolved including the choice among alternatives and
whether or how to mitigate the significant effects.
(c) The summary should normally not exceed 15 pages.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21061, Public Resources Code.
History
I . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15124. Project Description.
The description of the project shall contain the following information
but should not supply extensive detail beyond that needed for evaluation
and review of the environmental impact.
(a) The precise location and boundaries of the proposed project shall
be shown on a detailed map, preferably topographic. The location of the
project shall also appear on a regional map.
(b) A statement of the objectives sought by the proposed project. A
clearly written statement of objectives will help the lead agency develop
a reasonable range of alternatives to evaluate in the EIR and will aid the
decision makers in preparing findings or a statement of overriding con-
siderations, if necessary. The statement of objectives should include the
underlying purpose of the project.
(c) A general description of the project's technical, economic, and en-
vironmental characteristics, considering the principal engineering pro-
posals if any and supporting public service facilities.
(d) A statement briefly describing the intended uses of the EIR.
(1) This statement shall include, to the extent that the information is
known to the lead agency,
(A) A Hst of the agencies that are expected to use the EIR in their deci-
sion-making, and
(B) A list of permits and other approvals required to implement the
project.
(C) A list of related environmental review and consultation require-
ments required by federal, state, or local laws, regulations, or policies. To
the fullest extent possible, the lead agency should integrate CEQA re-
view with these related environmental review and consultation require-
ments.
(2) If a public agency must make more than one decision on a project,
all its decisions subject to CEQA should be listed, preferably in the order
in which they will occur. On request, the Office of Planning and Research
will provide assistance in identifying state permits for a project.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.3, 21080.4, 21165, 21166 and 21167.2, Public Resources Code;
County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185.
History
1. Amendment of subsections (b) and (d)(1)(B), new subsection (d)(1)(C) and
amendment of Note filed 10-26-98; operarive 10-26-98 pursuant to Public
Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15125. Environmental Setting.
(a) An EIR must include a description of the physical environmental
conditions in the vicinity of the project, as they exist at the time the notice
of preparation is published, or if no notice of preparation is published, at
the time environmental analysis is commenced, from both a local and re-
Page 688
Register 2(X)5, No. 40; 10-7-2(»5
Title 14
Resources Agency
§ 15126.2
•
gional perspective. This environmental setting will normally constitute
the baseline physical conditions by wliich a lead agency determines
whether an impact is significant. The description of the environmental
setting shall be no longer than is necessary to an understanding of the sig-
nificant effects of the proposed project and its alternatives.
(b) When preparing an ETR for a plan for the reuse of a military base,
lead agencies should refer to the special application of the principle of
baseline conditions for determining significant impacts contained in Sec-
tion 15229.
(c) Knowledge of the regional setting is critical to the assessment of
environmental impacts. Special emphasis should be placed on environ-
mental resources that are rare or unique to that region and would be af-
fected by the project. The EIR must demonstrate that the significant envi-
ronmental impacts of the proposed project were adequately investigated
and discussed and it must permit the significant effects of the project to
be considered in the full environmental context.
(d) The EIR shall discuss any inconsistencies between the proposed
project and applicable general plans and regional plans. Such regional
plans include, but are not limited to, the applicable air quality attainment
or maintenance plan or State Implementation Plan, area-wide waste
treatment and water quality control plans, regional transportation plans,
regional housing allocation plans, habitat conservation plans, natural
community conservation plans and regional land use plans for the protec-
tion of the coastal zone, Lake Tahoe Basin, San Francisco Bay, and Santa
Monica TVlountains.
(e) Where a proposed project is compared with an adopted plan, the
analysis shall examine the existing physical conditions at the time the no-
tice of preparation is published, or if no notice of preparation is pub-
lished, at the time environmental analysis is commenced as well as the
potential future conditions discussed in the plan.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21061 and 21 100, Public Resources Code; E.P.I.C. v. County of El Dorado,
(1982) 131 Cal. App. 3d 350; San Joaquin Raptor/Wildlife Rescue Center v.
County of Stanislaus (1994) 27 Cal.App.4th 713; Bloom v. McGurk (1994) 26
Cal.App.'4th 1307.
History
1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15126. Consideration and Discussion of Environmental
Impacts.
All phases of a project must be considered when evaluating its impact
on the environment: planning, acquisition, development, and operation.
The subjects listed below shall be discussed as directed in Sections
15126.2, 15126.4 and 15126.6, preferably in separate sections or para-
graphs of the EIR. If they are not discussed separately, the EIR shall in-
clude a table showing where each of the subjects is discussed.
(a) Significant Environmental Effects of the Proposed Project.
(b) Significant Environmental Effects Which Cannot be Avoided if
the Proposed Project is Implemented.
(c) Significant Irreversible Environmental Changes Which Would be
Involved in the Proposed Project Should it be Implemented.
(d) Growth-Inducing Impact of the Proposed Project.
(e) The Mitigation Measures Proposed to Minimize the Significant Ef-
fects.
(f) Alternatives to the Proposed Project.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21 003, 21 100 and 21081 .6, Public Resources Code; Citizens ofGole-
ta Valley v. Board of Supervisors, (1990) 52 Cal. 3d 553; Laurel Heights Improve-
ment Association V. Regents of the University of California, (1988) 47 Cal. 3d 376;
Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; and Laurel Heights Im-
provement Association V. Regents of the University of California (1993) 6 Cal. 4th
1112.
History
1. Amendment of subsection (d), repealer and new subsections (d)(l)-(4), amend-
ment of subsecfion (d)(5), new subsections (d)(5)(A)-(B)3, designation of sub-
section (d)(5)(C) and amendment of Note filed 8-19-94; operative 9-19-94
(Register 94, No. 33).
2. Amendment of section heading, repealer of subsection (e), subsection reletter-
ing, and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to
Government Code section 1 1343.4(d) (Register 97, No. 22).
3. Amendment of first paragraph, repealer and new subsections (a)-(f)and amend-
ment of Note filed 10^26-98; operative 10-26-98 pursuant to Public Re-
sources Code section 21087 (Register 98, No. 44).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15126.2. Consideration and Discussion of Significant
Environmental Impacts.
(a) The Significant Environmental Effects of the Proposed Project. An
EIR shall identify and focus on the significant environmental effects of
the proposed project. In assessing the impact of a proposed project on the
environment, the lead agency should normally limit its examination to
changes in the existing physical conditions in the affected area as they
exist at the time the notice of preparation is published, or where no notice
of preparation is published, at the time environmental analysis is com-
menced. Direct and indirect significant effects of the project on the envi-
ronment shall be clearly identified and described, giving due consider-
ation to both the short-term and long-term effects. The discussion should
include relevant specifics of the area, the resources involved, physical
changes, alterations to ecological systems, and changes induced in popu-
lation distribution, population concentration, the human use of the land
(including commercial and residential development), health and safety
problems caused by the physical changes, and other aspects of the re-
source base such as water, historical resources, scenic quality, and public
services. The EIR shall also analyze any significant environmental ef-
fects the project might cause by bringing development and people into
the area affected. For example, an EIR on a subdivision astride an active
fault line should identify as a significant effect the seismic hazard to fu-
ture occupants of the subdivision. The subdivision would have the effect
of attracting people to the location and exposing them to the hazards
found there.
(b) Significant Environmental Effects Which Cannot be Avoided if
the Proposed Project is Implemented. Describe any significant impacts,
including those which can be mitigated but not reduced to a level of insig-
nificance. Where there are impacts that cannot be alleviated without im-
posing an alternative design, their implications and the reasons why the
project is being proposed, notwithstanding their effect, should be de-
scribed.
(c) Significant Irreversible Environmental Changes Which Would be
Caused by the Proposed Project Should it be Implemented. Uses of non-
renewable resources during the initial and continued phases of the project
may be irreversible since a large commitment of such resources makes
removal or nonuse thereafter unlikely. Primary impacts and, particularly,
secondary impacts (such as highway improvement which provides ac-
cess to a previously inaccessible area) generally commit future genera-
tions to similar uses. Also irreversible damage can result from environ-
mental accidents associated with the project. Irretrievable commitments
of resources should be evaluated to assure that such current consumption
is justified.
(d) Growth-Inducing Impact of the Proposed Project. Discuss the
ways in which the proposed project could foster economic or population
growth, or the construction of additional housing, either directly or indi-
rectly, in the surrounding environment. Included in this are projects
which would remove obstacles to population growth (a major expansion
of a waste water treatment plant might, for example, allow for more con-
struction in service areas). Increases in the population may tax existing
community service facilities, requiring construction of new facilities that
could cause significant environmental effects. Also discuss the charac-
teristic of some projects which may encourage and facilitate other activi-
ties that could significantly affect the environment, either individually or
cumulatively. It must not be assumed that growth in any area is necessari-
ly beneficial, detrimental, or of little significance to the environment.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21003 and 21 100, Public Resources Code; Citizens ofGoleta Valley
V. Board of Supervisors, (1990) 52 Cal. 3d 553; Laurel Heights Improvement Asso-
ciation V. Regents of the University of California. (1988) 47 Cal. 3d 376; Gentry
Page 689
Register 2005, No. 40; 10-7-2005
§ 15126.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
v. City ofMurrieta ( 1 995) 36 Cal. App.4th 1 359; Laurel Heights Improvement As-
sociation V. Regentsofihe Universir}'ofCcilifoniiai\993)6Ca\A\h 1 1 12; andGo-
leta Union School Dist. v. Regents of the Univ. Of Calif (\995) 37 Cal. App.4th
1025.
History
1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending NOTE filed 1 0-6-2005 pursuant to
section 100, title iT California Code of Regulations (Register 2005, No. 40).
§ 15126.4. Consideration and Discussion of Mitigation
Measures Proposed to Minimize Significant
Effects.
(a) Mitigation Measures in General.
(1) An EIR shall describe feasible measures which could minimize
significant adverse impacts, including where relevant, inefficient and un-
necessary consumption of energy.
(A) The discussion of mitigation measures shall distinguish between
the measures which are proposed by project proponents to be included
in the project and other measures proposed by the lead, responsible or
trustee agency or other persons which are not included but the lead
agency determines could reasonably be expected to reduce adverse im-
pacts if required as conditions of approving the project. This discussion
shall identify mitigation measures for each significant environmental ef-
fect identified in the EIR.
(B) Where several measures are available to mitigate an impact, each
should be discussed and the basis for selecting a particular measure
should be identified. Formulation of mitigation measures should not be
deferred until some future time. However, measures may specify per-
formance standards which would mitigate the significant effect of the
project and which may be accomplished in more than one specified way.
(C) Energy conservation measures, as well as other appropriate miti-
gation measures, shall be discussed when relevant. Examples of energy
conservation measures are provided in Appendix F.
(D) If a mitigation measure would cause one or more significant ef-
fects in addition to those that would be caused by the project as proposed,
the effects of the mitigation measure shall be discussed but in less detail
than the significant effects of the project as proposed. {Stevens v. City of
Glendale (1981) 125 Cal.App.3d 986.)
(2) Mitigation measures must be fully enforceable through permit con-
ditions, agreements, or other legally-binding instruments. In the case of
the adoption of a plan, pohcy, regulation, or other public project, mitiga-
tion measures can be incorporated into the plan, policy, regulation, or
project design.
(3) Mitigation measures are not required for effects which are not
found to be significant.
(4) Mitigation measures must be consistent with all applicable consti-
tutional requirements, including the following:
(A) There must be an essential nexus (i.e. connection) between the
mitigation measure and a legitimate governmental interest. Nollan v.
California Coastal Commission, 483 U.S. 825 (1987); and
(B) The mitigation measure must be "roughly proportional" to the im-
pacts of the project. Do/an v. City of Tigard, 512 V.S. 374(1994). Where
the mitigation measure is an ad hoc exaction, it must be "roughly propor-
tional" to the impacts of the project. Ehiiich v. City of Culver City ( 1 996)
12 Cal.4th 854.
(5) If the lead agency determines that a mitigation measure cannot be
legally imposed, the measure need not be proposed or analyzed. Instead,
the EIR may simply reference that fact and briefly explain the reasons un-
derlying the lead agency's determination.
(b) Mitigation Measures Related to Impacts on Historical Resources.
(1) Where maintenance, repair, stabilization, rehabilitation, restora-
tion, preservation, conservation or reconstruction of the historical re-
source will be conducted in a manner consistent with the Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guide-
lines for Preserving, Rehabilitating, Restoring, and Reconstructing His-
toric Buildings (1995), Weeks and Grimmer, the project's impact on the
historical resource shall generally be considered mitigated below a level
of significance and thus is not significant.
(2) In some circumstances, documentation of an historical resource,
by way of historic narrative, photographs or architectural drawings, as
mitigation for the effects of demolition of the resource will not mitigate
the effects to a point where clearly no significant effect on the environ-
ment would occur.
(3) Public agencies should, whenever feasible, seek to avoid damaging
effects on any historical resource of an archaeological nature. The fol-
lowing factors shall be considered and discussed in an EIR for a project
involving such an archaeological site:
(A) Preservation in place is the preferred manner of mitigating impacts
to archaeological sites. Preservation in place maintains the relationship
between artifacts and the archaeological context. Preservation may also
avoid conflict with religious or cultural values of groups associated with
the site.
(B) Preservation in place may be accomplished by, but is not limited
to, the following:
1. Planning construction to avoid archaeological sites;
2. Incorporation of sites within parks, greenspace, or other open space;
3. Covering the archaeological sites with a layer of chemically stable
soil before building tennis courts, parking lots, or similar facilities on the
site.
4. Deeding the site into a permanent conservation easement.
(C) When data recovery through excavation is the only feasible miti-
gation, a data recovery plan, which makes provision for adequately re-
covering the scientifically consequential information from and about the
historical resource, shall be prepared and adopted prior to any excavation
being undertaken. Such studies shall be deposited with the California
Historical Resources Regional Information Center. Archaeological sites
known to contain human remains shall be treated in accordance with the
provisions of Section 7050.5 Health and Safety Code. If an artifact must
be removed during project excavation or testing, curation may be an ap-
propriate mitigation.
(D) Data recovery shall not be required for an historical resource if the
lead agency determines that testing or studies already completed have ad-
equately recovered the scientifically consequential information from and
about the archaeological or historical resource, provided that the deter-
mination is documented in the EIR and that the studies are deposited with
the California Historical Resources Regional Information Center.
NOTE; Authority: Section 21083, Public Resources Code. Reference: Sections
5020.5, 21002, 21003, 21100 and 21084.1, Public Resources Code; Citizens of
Goleta Valley v. Board of Supervisors, (1990) 52 Cal. 3d 553; Laurel Heights Im-
provement Association v. Regentsofthe University of California, (1988) 47 Cal. 3d
376; Gentry v. City ofMurrieta (1995) 36 Cal.App.4th 1359; Laurel Heights Im-
provement Association V. Regents of the University of California (1993) 6 Cal. 4th
1112; and Sacramento Old City Assn. v. Citv Council of Sacramento (1991) 229
Cal.App.3d 1011.
History
1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Amendment of subsection (b)(3)(C) and amendment of Note filed 9-7-2004;
operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Reg-
ister 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 26.6. Consideration and Discussion of Alternatives to
the Proposed Project.
(a) Alternatives to the Proposed Project. An EIR shall describe a range
of reasonable alternatives to the project, or to the location of the project,
which would feasibly attain most of the basic objectives of the project but
would avoid or substantially lessen any of the significant effects of the
project, and evaluate the comparative merits of the alternatives. An EIR
need not consider every conceivable alternative to a project. Rather it
must consider a reasonable range of potentially feasible altemafives that
will foster informed decisionmaking and public parficipation. An EIR is
not required to consider alternatives which are infeasible. The lead
agency is responsible for selecting a range of project alternatives for ex-
amination and must publicly disclose its reasoning for selecting those al-
•
•
Page 690
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15126.6
lernatives. There is no ironclad rule governing the nature or scope of the
alternatives to be discussed other than the aile of reason. (Citizens ofGo-
leia Valley v. Board of Supervisors (1990) 52 Cal.3d 553 and Uiurel
Heights Improvement Association v. Regents of the University of Califor-
nia { 1 9SS) 47 Ca\.3d 376).
(b) Purpose. Because an EIR must identify ways to mitigate or avoid
the significant effects that a project may have on the environment (Public
Resources Code Section 21002. 1), the discussion of alternatives shall fo-
cus on alternatives to the project or its location which are capable of
avoiding or substantially lessening any significant effects of the project,
even if these alternatives would impede to some degree the attainment of
the project objectives, or would be more costly.
(c) Selection of a range of reasonable alternatives. The range of poten-
tial alternatives to the proposed project shall include those that could
feasibly accomplish most of the basic objectives of the project and could
avoid or substantially lessen one or more of the significant effects. The
EIR should briefly describe the rationale for selecting the alternatives to
be discussed. The EIR should also identify any alternatives that were
considered by the lead agency but were rejected as infeasible during the
scoping process and briefly explain the reasons underlying the lead
agency's determination. Additional information explaining the choice of
alternatives may be included in the administrative record. Among the
factors that may be used to eliminate alternatives from detailed consider-
ation in an EIR are:(i) failure to meet most of the basic project objectives,
(ii) infeasibility, or (iii) inability to avoid significant environmental im-
pacts.
(d) Evaluation of alternatives. The EIR shall include sufficient infor-
mation about each alternative to allow meaningful evaluation, analysis,
and comparison with the proposed project. A matrix displaying the major
characteristics and significant environmental effects of each alternative
may be used to summarize the comparison. If an alternative would cause
one or more significant effects in addition to those that would be caused
by the project as proposed, the significant effects of the alternative shall
be discussed, but in less detail than the significant effects of the project
as proposed. (County of Inyo v. City of Los Angeles (1981) 124
Cal.App.3d 1).
(e) "No project" alternative.
(1) The specific alternative of "no project" shall also be evaluated
along with its impact. The purpose of describing and analyzing a no proj-
ect alternative is to allow decisionmakers to compare the impacts of ap-
proving the proposed project with the impacts of not approving the pro-
posed project. The no project alternative analysis is not the baseline for
determining whether the proposed project's environmental impacts may
be significant, unless it is identical to the existing environmental setting
analysis which does establish that baseline (see Section 15125).
(2) The "no project" analysis shall discuss the existing conditions at
the time the notice of preparation is published, or if no notice of prepara-
tion is published, at the time environmental analysis is commenced, as
well as what would be reasonably expected to occur in the foreseeable
future if the project were not approved, based on current plans and con-
sistent with available infrastructure and community services. If the envi-
ronmentally superior alternative is the "no project" alternative, the EIR
shall also identify an environmentally superior alternative among the
other alternatives.
(3) A discussion of the "no project" alternative will usually proceed
along one of two lines:
(A) When the project is the revision of an existing land use or regulato-
ry plan, policy or ongoing operation, the "no project" alternative will be
the continuation of the existing plan, policy or operation into the future.
Typically this is a situation where other projects initiated under the exist-
ing plan will continue while the new plan is developed. Thus, the proj-
ected impacts of the proposed plan or alternative plans would be com-
pared to the impacts that would occur under the existing plan.
(B) If the project is other than a land use or regulatory plan, for exam-
ple a development project on identifiable property, the "no project" alter-
native is the circumstance under which the project does not proceed. Here
the discussion would compare the environmental effects of the property
remaining in its existing state against environmental effects which would
occur if the project is approved. If disapproval of the project under con-
sideration would result in predictable actions by others, such as the pro-
posal of some other project, this "no project" consequence should be dis-
cussed. In certain instances, the no project alternative means "no build"
wherein the existing environmental setting is maintained. However,
where failure to proceed with the project will not result in preservation
of existing environmental conditions, the analysis should identify the
practical result of the project's non-approval and not create and analyze
a set of artificial assumptions that would be required to preserve the exist-
ing physical environment.
(C) After defining the no project alternative using one of these ap-
proaches, the lead agency should proceed to analyze the impacts of the
no project alternative by projecting what would reasonably be expected
to occur in the foreseeable future if the project were not approved, based
on current plans and consistent with available infrastructure and commu-
nity services.
(f) Rule of reason. The range of alternatives required in an EIR is gov-
erned by a "rule of reason" that requires the EIR to set forth only those
alternatives necessary to permit a reasoned choice. The alternatives shall
be limited to ones that would avoid or substantially lessen any of the sig-
nificant effects of the project. Of those alternatives, the EIR need ex-
amine in detail only the ones that the lead agency determines could feasi-
bly attain most of the basic objectives of the project. The range of feasible
alternatives shall be selected and discussed in a manner to foster mean-
ingful public participation and informed decision making.
( 1 ) Feasibility. Among the factors that may be taken into account when
addressing the feasibility of alternatives are site suitability, economic vi-
ability, availability of infrastructure, general plan consistency, other
plans or regulatory limitations, jurisdictional boundaries (projects with
a regionally significant impact should consider the regional context), and
whether the proponent can reasonably acquire, control or otherwise have
access to the alternative site (or the site is already owned by the propo-
nent). No one of these factors establishes a fixed limit on the scope of rea-
sonable alternatives. (Citizens ofGoleta Valley v. Board of Supervisors
(1990) 52 Cal.3d 553; see Save Our Residential Environment v. City of
West Hollywood (1992) 9 Cal.App.4th 1745, 1753, fn. 1).
(2) Altemafive locations.
(A) Key question. The key question and first step in analysis is whether
any of the significant effects of the project would be avoided or substan-
tially lessened by putting the project in another location. Only locafions
that would avoid or substantially lessen any of the significant effects of
the project need be considered for inclusion in the EIR.
(B) None feasible. If the lead agency concludes that no feasible alter-
native locations exist, it must disclose the reasons for this conclusion, and
should include the reasons in the EIR. For example, in some cases there
may be no feasible alternative locations for a geothermal plant or mining
project which must be in close proximity to natural resources at a given
location.
(C) Limited new analysis required. Where a previous document has
sufficiently analyzed a range of reasonable alternative locations and en-
vironmental impacts for projects with the same basic purpose, the lead
agency should review the previous document. The EIR may rely on the
previous document to help it assess the feasibility of potential project al-
ternatives to the extent the circumstances remain substantially the same
as they relate to the alternative. (Citizens ofGoleta Valley v. Board ofSu-
per\'isors (1990) 52 Cal.3d 553, 573).
(3) An EIR need not consider an alternative whose effect cannot be
reasonably ascertained and whose implementation is remote and specu-
lative. (Residents Ad Hoc Stadium Committee v. Board of Trustees
(1979)89Cal. App.3d274).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21002.1, 21003 and 21 100, Public Resources Code; Citizens ofGole-
ta Valley v. Board of Supervisors, (1990) 52 Cal.3d 553; Laurel Heights Improve-
ment Association v. Regentsofthe University of California, (1988) 47 Cal. 3d 376;
Page 691
Register 2005, No. 40; 10-7-2005
§ 15127
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Gentry v. City of Miirrieta (1995) 36 Cal.App.4th 1359; and Uiiirel Heights Im-
provement Association V. Regents of the University of California (1993) 6 Cal.4th
1112.
History
1 . New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15127. Limitations on Discussion of Environmental
Impact.
The information required by Section J5 126.2(c) concerning irrevers-
ible changes, need be included only in EIRs prepared in connection with
any of the following activities:
(a) The adoption, amendment, or enactment of a plan, policy, or ordi-
nance of a public agency;
(b) The adoption by a local agency formation commission of a resolu-
tion making determinations; or
(c) A project which will be subject to the requirement for preparing an
environmental impact statement pursuant to the requirements of the Na-
tional Environmental Policy Act of 1969, 42 U.S.C. 4321-4347.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 100.1, Public Resources Code.
History
1. Amendment of first paragraph, subsection (c) and Note filed 5-27-97; opera-
tive 5-27-97 pursuant to Government Code section 1 1343.4(d) (Register 97,
No. 22).
2. Change without regulatoi7 effect amending first paragraph filed 2-1-2001 pur-
suant to section 100, title 1, California Code of Regulations (Register 2001 , No.
5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 28. Effects Not Found to Be Significant.
An EIR shall contain a statement briefly indicating the reasons that
various possible significant effects of a project were determined not to
be significant and were therefore not discussed in detail in the EIR. Such
a statement may be contained in an attached copy of an initial study.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15129. Organizations and Persons Consulted.
The EIR shall identify all federal, state, or local agencies, other organi-
zations, and private individuals consulted in preparing the draft EIR, and
the persons, firm, or agency preparing the draft EIR, by contract or other
authorization.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 11 04 and 21 153, Public Resources Code.
History
1. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
secfion 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15130. Discussion of Cumulative Impacts.
(a) An EIR shall discuss cumulative impacts of a project when the proj-
ect's incremental effect is cumulatively considerable, as defined in sec-
fion 15065(c). Where a lead agency is examining a project with an incre-
mental effect that is not "cumulatively considerable," a lead agency need
not consider that effect significant, but shall briefly describe its basis for
concluding that the incremental effect is not cumulaUvely considerable.
(1) As defined in Secfion 15355, a cumulafive impact consists of an
impact which is created as a result of the combination of the project eva-
luated in the EIR together with other projects causing related impacts. An
EIR should not discuss impacts which do not result in part from the proj-
ect evaluated in the EIR.
(2) When the combined cumulative impact associated with the proj-
ect' s incremental effect and the effects of other projects is not significant,
the EIR shall briefly indicate why the cumulative impact is not significant
and is not discussed in further detail in the EIR. A lead agency shall iden-
fify facts and analysis supporting the lead agency's conclusion that the
cumulative impact is less than significant.
(3) An EIR may determine that a project's contribufion to a significant
cumulative impact will be rendered less than cumulafively considerable
and thus is not significant. A project's contribufion is less than cumula-
fively considerable if the project is required to implement or fund its fair
share of a mitigafion measure or measures designed to alleviate the cu-
mulative impact. The lead agency shall identify facts and analysis sup-
porting its conclusion that the contribufion will be rendered less than cu-
mulatively considerable.
(b) The discussion of cumulative impacts shall reflect the severity of
the impacts and their likehhood of occurrence, but the discussion need
not provide as great detail as is provided for the effects attributable to the
project alone. The discussion should be guided by the standards of practi-
cality and reasonableness, and should focus on the cumulafive impact to
which the identified other projects contribute rather than the attributes of
other projects which do not contribute to the cumulative impact. The fol-
lowing elements are necessary to an adequate discussion of significant
cumulative impacts:
(1) Either:
(A) A list of past, present, and probable future projects producing re-
lated or cumulative impacts, including, if necessary, those projects out-
side the control of the agency, or
(B) A summary of projecfions contained in an adopted general plan or
related planning document, or in a prior environmental document which
has been adopted or certified, which described or evaluated regional or
areawide conditions contribuung to the cumulafive impact. Any such
planning document shall be referenced and made available to the public
at a locafion specified by the lead agency.
(2) When utilizing a list, as suggested in paragraph (1) of subdivision
(b), factors to consider when determining whether to include a related
project should include the nature of each environmental resource being
examined, the location of the' project and its type. Locafion may be im-
portant, for example, when water quality impacts are at issue since proj-
ects outside the watershed would probably not contribute to a cumulafive
effect. Project type may be important, for example, when the impact is
specialized, such as a particular air pollutant or mode of traffic.
(3) Lead agencies should define the geographic scope of the area af-
fected by the cumulafive effect and provide a reasonable explanation for
the geographic limitation used.
(4) A summary of the expected environmental effects to be produced
by those projects with specific reference to additional information stating
where that information is available, and
(5) A reasonable analysis of the cumulafive impacts of the relevant
projects. An EIR shall examine reasonable, feasible options for mitigat-
ing or avoiding the project's contribution to any significant cumulafive
effects.
(c) With some projects, the only feasible mitigafion for cumulafive im-
pacts may involve the adopuon of ordinances or regulafions rather than
the imposition of conditions on a project-by-project basis.
(d) Previously approved land use documents such as general plans,
specific plans, and local coastal plans may be used in cumulafive impact
analysis. A perfinent discussion of cumulafive impacts contained in one
or more previously cerfified EIRs may be incorporated by reference pur-
suant to the provisions for tiering and program EIRs. No further cumula-
five impacts analysis is required when a project is consistent with a gener-
al, specific, master or comparable programmatic plan where the lead
agency determines that the regional or areawide cumulative impacts of
the proposed project have already been adequately addressed, as defined
in secfion 15152(f), in a cerfified EIR for that plan.
(e) If a cumulative impact was adequately addressed in a prior EIR for
a community plan, zoning action, or general plan, and the project is con-
sistent with that plan or action, then an EIR for such a project should not
further analyze that cumulafive impact, as provided in Secfionl5183(j).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083(b), 21093, 21094 and 21100, Public Resources Code; Whitman v.
Page 692
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15144
Board of Supen'isors, (1979) 88 Cal. App. 3d 397; San Franciscans for Reason-
able Growth V. City and Coiintv of San Francisco (1984) 151 Cal. App. 3d 61;
KinviS County Farm Bureau v. City' of Hanford {1990) 111 Cal.App.3d 692; Lcnirel
Heiifhts Homeowners Association v. Regents of the Universitv of California
(1988) 47 Cal.3d 376; Sierra Club v. Gilroy (1990) 220 Cai.App.3d 30; Citizens
to Preserve the Ojai v. County of Ventura (1985) 1 76 Cal. App. 3d 421 ; Concerned
Citizens of South Cent. Los Angeles v. Los Angeles Unified Sch. Dist. (1994) 24
Cal.App.4th 826; Las Virgenes Homeowners Fed'n v. County of Los Angeles
(1986) 177 Cal.App.3d 300; San Joaquin Raptor/Wildlife Rescue Ctr v. County
of Stanislaus (\994) 27 Cal.App.4th 713; Fort Mojave Indian Tribe v. Cal. Dept.
Of Health Services (1995) 38 Cal.App.4th 1574; and Communities for a Better En-
vironment V. California Resources Agency (2002) 103 Cal.App.4th 98.
History
1 . Amendment of section heading, new subsection (d) and amendment of Note
filed 5-27-97; operative 5-27-97 pursuant to Government Code section
1 1343.4(d) (Register 97, No. 22).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (d) filed 2-1-2001 pur-
suant to section 1 00, title I, California Code of Regulations (Register 200 1, No.
5).
4. Change without regulatory effect repealing subsection (a)(4), amending subsec-
tion (b)(1)(B), redesignating former subsection (b)(l )(B) 1 . as subsection (b)(2),
repealing former subsection (b)(l)(B)2., renumbering subsections and amend-
ing Note filed 7-22-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 30).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15131. Economic and Social Effects.
Economic or social information may be included in an EIR or may be
presented in whatever form the agency desires.
(a) Economic or social effects of a project shall not be treated as signif-
icant effects on the environment. An EIR may trace a chain of cause and
effect from a proposed decision on a project through anticipated econom-
ic or social changes resulting from the project to physical changes caused
in turn by the economic or social changes. The intermediate economic or
social changes need not be analyzed in any detail greater than necessary
to trace the chain of cause and effect. The focus of the analysis shall be
on the physical changes.
(b) Economic or social effects of a project may be used to determine
the significance of physical changes caused by the project. For example,
if the construction of a new freeway or rail line divides an existing com-
munity, the construction would be the physical change, but the social ef-
fect on the community would be the basis for determining that the effect
would be significant. As an additional example, if the construction of a
road and the resulting increase in noise in an area disturbed existing reU-
gious practices in the area, the disturbance of the religious practices could
be used to determine that the construction and use of the road and the re-
sulting noise would be significant effects on the environment. The reH-
gious practices would need to be analyzed only to the extent to show that
the increase in traffic and noise would conflict with the religious practic-
es. Where an EIR uses economic or social effects to determine that a
physical change is significant, the EIR shall explain the reason for deter-
mining that the effect is significant.
(c) Economic, social, and particularly housing factors shall be consid-
ered by public agencies together with technological and environmental
factors in deciding whether changes in a project are feasible to reduce or
avoid the significant effects on the environment identified in the EIR. If
information on these factors is not contained in the EIR, the information
must be added to the record in some other manner to allow the agency to
consider the factors in reaching a decision on the project.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21001(e) and (g), 21002, 21002.1, 21060.5, 21080.1, 21083(c) and 21 100,
Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15132. Contents of Final Environmental Impact Report.
The final EIR shall consist of:
(a) The Draft EIR or a revision of the draft.
(b) Comments and recommendations received on the Draft EIR either
verbatim or in summary.
(c) A list of persons, organizations, and public agencies commenting
on the Draft EIR.
(d) The responses of the Lead Agency to significant environinental
points raised in the review and consultation process.
(e) Any other information added by the lead agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 10. Considerations in Preparing
EIRs and Negative Declarations
§15140. Writing.
EIRs shall be written in plain language and may use appropriate graph-
ics so that decisionmakers and the public can rapidly understand the doc-
uments.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003 and 21100, Public Resources Code.
History
1. Repealer of Article 10 (Sections 15160-15167) and new Article 10 (Sections
15140-15153) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29). For prior history, see Registers 80, No. 19; 78, No. 5; 76, No. 41 ; 75,
No. 1 ; and 73, No. 50.
2. Editorial correcfion of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15141. Page Limits.
The text of draft EIRs should normally be less than 150 pages and for
proposals of unusual scope or complexity should normally be less than
300 pages.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 2 11 00, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15142. Interdisciplinary Approach.
An EIR shall be prepared using an interdisciplinary approach which
will ensure the integrated use of the natural and social sciences and the
consideration of qualitative as well as quantitative factors. The interdisci-
plinary analysis shall be conducted by competent individuals, but no
single discipline shall be designated or required to undertake this evalua-
tion.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21001 and 21100, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15143. Emphasis.
The EIR shall focus on the significant effects on the environment. The
significant effects should be discussed with emphasis in proportion to
their severity and probability of occurrence. Effects dismissed in an Ini-
tial Study as clearly insignificant and unlikely to occur need not be dis-
cussed further in the EIR unless the Lead Agency subsequently receives
information inconsistent with the finding in the Initial Study. A copy of
the Initial Study may be attached to the EIR to provide the basis for limit-
ing the impacts discussed.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15144. Forecasting.
Drafting an EIR or preparing a negative declaration necessarily in-
volves some degree of forecasting. While foreseeing the unforeseeable
Page 693
Register 2005, No. 40; 10-7-2005
§ 15145
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
is not possible, an agency must use its best efforts to find out and disclose
all that it reasonably can.
Note. Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and21]00. Public Resources Code.
History
I. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectioii 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§15145. Speculation.
If. after thorough investigation, a lead agency finds that a particular
impact is too speculative for evaluation, the agency should note its con-
clusion and terminate discussion of the impact.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 100, Public Resources Code; Topanga Beach Renters
Association v. DepaiViient of General Services (1976) 58 Cal. App. 3d 712.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
sectio'n 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 1 51 46. Degree of Specificity.
The degree of specificity required in an EIR will correspond to the de-
gree of specificity involved in the underlying activity which is described
in the EIR.
(a) An EIR on a construction project will necessarily be more detailed
in the specific effects of the project than will be an EIR on the adoption
of a local general plan or comprehensive zoning ordinance because the
effects of the construction can be predicted with greater accuracy.
(b) An EIR on a project such as the adoption or amendment of a com-
prehensive zoning ordinance or a local general plan should focus on the
secondary effects that can be expected to follow from the adoption, or
amendment, but the EIR need not be as detailed as an EIR on the specific
construction projects that might follow.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 100, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§15147. Technical Detail.
The information contained in an EIR shall include summarized techni-
cal data, maps, plot plans, diagrams, and similar relevant information
sufficient to permit full assessment of significant environmental impacts
by reviewing agencies and members of the public. Placement of highly
technical and specialized analysis and data in the body of an EIR should
be avoided through inclusion of supporting information and analyses as
appendices to the main body of the EIR. Appendices to the EIR may be
prepared in volumes separate from the basic EIR document, but shall be
readily available for public examination and shall be submitted to all
clearinghouses which assist in public review.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§15148. Citation.
Preparation of EIRs is dependent upon information from many
sources, including engineering project reports and many scientific docu-
ments relating to environmental features. These documents should be
cited but not included in the EIR. The EIR shall cite all documents used
in its preparation including, where possible, the page and section number
of any technical reports which were used as the basis for any statements
in the EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 100, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15149. Use of Registered Professionals in Preparing
EIRs.
(a) A number of statutes provide that certain professional services can
be provided to the public only by individuals who have been registered
by a registration board established under California law. Such statutory
restrictions apply to a number of professions including but not limited to
engineering, land surveying, forestry, geology, and geophysics.
(b) In its intended usage, an EIR is not a technical document that can
be prepared only by a registered professional. The EIR serves as a public
disclosure document explaining the effects of the proposed project on the
environment, alternatives to the project, and ways to minimize adverse
effects and to increase beneficial effects. As a result of information in the
EIR, the lead agency should establish requirements or conditions on proj-
ect design, construction, or operation in order to protect or enhance the
environment. State statutes may provide that only registered profession-
als can prepare technical studies which will be used in or which will con-
trol the detailed design, construction, or operation of the proposed project
and which will be prepared in support of an EIR.
NOTE: Authority cited: Section 21083. Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21100, Pubhc Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15150. Incorporation by Reference.
(a) An EIR or negative declaration may incorporate by reference all
or portions of another document which is a matter of public record or is
generally available to the public. Where all or part of another document
is incorporated by reference, the incorporated language shall be consid-
ered to be set forth in full as part of the text of the EIR or negative declara-
tion.
(b) Where part of another document is incorporated by reference, such
other document shall be made available to the public for inspection at a
pubhc place or public building. The EIR or negative declaration shall
state where the incorporated documents will be available for inspection.
At a minimum, the incorporated document shall be made available to the
public in an office of the lead agency in the county where the project
would be carried out or in one or more public buildings such as county
offices or public libraries if the lead agency does not have an office in the
county.
(c) Where an EIR or negative declaration uses incorporation by refer-
ence, the incorporated part of the referenced document shall be briefly
summarized where possible or briefly described if the data or informa-
tion cannot be summarized. The relationship between the incorporated
part of the referenced document and the EIR shall be described.
(d) Where an agency incorporates information from an EIR that has
previously been reviewed through the state review system, the state iden-
tification number of the incorporated document should be included in the
summary or designation described in subdivision (c).
(e) Examples of materials that may be incorporated by reference in-
clude but are not limited to:
(1) A description of the environmental setting from another EIR.
(2) A description of the air pollution problems prepared by an air pollu-
tion control agency concerning a process involved in the project.
(3) A description of the city or county general plan that applies to the
location of the project.
(f) Incorporation by reference is most appropriate for including long,
descriptive, or technical materials that provide general background but
do not contribute directly to the analysis of the problem at hand.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21100, Public Resources Code.
History
1. Change without regulatory effect amending subsection (d) and Note filed
10-6-2005 pursuant to section 100, title 1, Califomia Code of Regulations
(Register 2005, No. 40).
§ 1 51 51 . Standards for Adequacy of an EIR.
An EIR should be prepared with a sufficient degree of analysis to pro-
vide decisionmakers with information which enables them to make a de-
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§ 15153
cision which intelhgently takes account of environmental consequences.
An evaluation of the environmental effects of a proposed project need not
be exhaustive, but the sufficiency of an EIR is to be reviewed in the light
of what is reasonably feasible. Disagreement among experts does not
make an EIR inadequate, but the EIR should summarize the main points
of disagreement among the experts. Tlie courts have looked not for per-
fection but for adequacy, completeness, and a good faith effort at full dis-
closure.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21061 and 21 100, Public Resources Code; San Francisco Ecology Center v.
City and County of San Francisco, 48 Cal. App. 3d 584 (1975).
History
] . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title L California Code of Regulations (Register 2005, No. 40).
§15152. Tiering.
(a) "Tiering" refers to using the analysis of general inatters contained
in a broader EIR (such as one prepared for a general plan or policy state-
ment) with later EIRs and negative declarations on narrower projects; in-
corporating by reference the general discussions from the broader EIR;
and concentrating the later EIR or negative declaration solely on the is-
sues specific to the later project.
(b) Agencies are encouraged to tier the environmental analyses which
they prepare for separate but related projects including general plans,
zoning changes, and development projects. This approach can eliminate
repetitive discussions of the same issues and focus the later EIR or nega-
tive declaration on the actual issues ripe for decision at each level of envi-
ronmental review. Tiering is appropriate when the sequence of analysis
is from an EIR prepared for a general plan, policy, or program to an EIR
or negative declaration for another plan, policy, or program of lesser
scope, or to a site-specific EIR or negative declaration. Tiering does not
excuse the lead agency from adequately analyzing reasonably foresee-
able significant environmental effects of the project and does not justify
deferring such analysis to alater tier EIR or negative declaration. Howev-
er, the level of detail contained in a first tier EIR need not be greater than
that of the program, plan, policy, or ordinance being analyzed.
(c) Where a lead agency is using the tiering process in connection with
an EIR for a large-scale planning approval, such as a general plan or
component thereof (e.g., an area plan or community plan), the develop-
ment of detailed, site-specific information may not be feasible but can
be deferred, in many instances, until such time as the lead agency pre-
pares a future environmental document in connection with a project of
a more limited geographical scale, as long as deferral does not prevent
adequate identification of significant effects of the planning approval at
hand.
(d) Where an EIR has been prepared and certified for a program, plan,
policy, or ordinance consistent with the requirements of this section, any
lead agency for a later project pursuant to or consistent with the program,
plan, policy, or ordinance should limit the EIR or negative declaration on
the later project to effects which:
(1) Were not examined as significant effects on the environment in the
prior EIR; or
(2) Are susceptible to substantial reduction or avoidance by the choice
of specific revisions in the project, by the imposition of conditions, or
other means.
(e) Tiering under this section shall be limited to situations where the
project is consistent with the general plan and zoning of the city or county
in which the project is located, except that a project requiring a rezone
to achieve or maintain conformity with a general plan may be subject to
tiering.
(f) A later EIR shall be required when the initial study or other analysis
finds that the later project may cause significant effects on the environ-
ment that were not adequately addressed in the prior EIR. A negative dec-
laration shall be required when the provisions of Section 1 5070 are met.
(1) Where a lead agency determines that a cumulative effect has been
adequately addressed in the prior EIR, that effect is not treated as signifi-
cant for purposes of the later EIR or negative declaration, and need not
be discussed in detail.
(2) When assessing whether there is a new significant cumulative ef-
fect, the lead agency shall consider whether the incremental effects of the
project would be considerable when viewed in the context of past, pres-
ent, and probable future projects. At this point, the question is not wheth-
er there is a significant cumulative impact, but whether the effects of the
project are cumulatively considerable. For a discussion on how to assess
whether project impacts are cumulatively considerable, see Section
15064(i).
(3) Significant environmental effects have been "adequately ad-
dressed" if the lead agency determines that:
(A) they have been mitigated or avoided as a result of the prior envi-
ronmental impact report and findings adopted in connection with that
prior environmental report; or
(B) they have been examined at a sufficient level of detail in the prior
environmental impact report to enable those effects to be mitigated or
avoided by site specific revisions, the imposition of conditions, or by oth-
er means in connection with the approval of the later project.
(g) When tiering is used, the later EIRs or negative declarations shall
refer to the prior EIR and state where a copy of the prior EIR may be ex-
amined. The later EIR or negative declaration should state that the lead
agency is using the tiering concept and that it is being tiered with the earli-
er EIR.
(h) There are various types of EIRs that may be used in a tiering situa-
tion. These include, but are not limited to, the following:
(1) General plan EIR (Section 15166).
(2) Staged EIR (Section 15167).
(3) Program EIR (Section 15168).
(4) Master EIR (Section 15175).
(5) Multiple-family residential development/residential and commer-
cial or retail mixed-use development (Section 15179.5).
(6) Redevelopment project (Section 15180).
(7) Projects consistent with community plan, general plan, or zoning
(Section 15183).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 1003, 2 1061, 21 093, 21094, 211 00 and 21 151, Public Resources Code; 5to-
nislaus Natural Heritage Project, Sierra Club v. County' of Stanislaus (1996) 48
Cal.App.4th 182; Al Larson Boat Shop, Inc. v. Board of Harbor Commissioners
(1993) 18 Cal. App. 4th 729; and Sierra Club v. County of Sonoma (1992) 6
Cal.App. 4th 1307.
History
1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending subsections (f)(3)(A)-(B) and re-
pealing subsection (f)(3)(C) filed 7-22-2003 pursuant to section 100, title 1,
California Code of Regulations (Register 2003, No. 30).
3. Change without regulatory effect repealing subsection (h)(7), renumbering sub-
sections and amending Note filed 10-6-2005 pursuant to section 100, title 1,
California Code of Regulations (Register 2005, No. 40).
§ 15153. Use of an EIR from an Earlier Project.
(a) The lead agency may employ a single EIR to describe more than
. one project, if such projects are essentially the same in terms of environ-
mental impact. Further, the lead agency may use an earlier EIR prepared
in connection with an earlier project to apply to a later project, if the cir-
cumstances of the projects are essentially the same.
(b) When a lead agency proposes to use an EIR from an earlier project
as the EIR for a separate, later project, the lead agency shall use the fol-
lowing procedures:
(1) The lead agency shall review the proposed project with an initial
study, using incorporation by reference if necessary, to determine wheth-
er the EIR would adequately describe:
(A) The general environmental setting of the project,
(B) The significant environmental impacts of the project, and
(C) Alternatives and mitigation measures related to each significant
effect.
(2) If the lead agency believes that the EIR would meet the require-
ments of subdivision (1), it shall provide public review as provided in
Section 15087 stating that it plans to use the previously prepared EIR as
the draft EIR for this project. The notice shall include as a minimum:
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§ 15154
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(A) An identification of the project with a brief description;
(B) A statement that the agency plans to use a certain EIR prepared for
a previous project as the EIR for this project;
(C) A Hsting of places where copies of the EIR may be examined; and
(D) A statement that the key issues involving the EIR are whether the
EIR should he used for this project and whether there are any additional,
reasonable alternatives or mitigation measures that should be considered
as ways of avoiding or reducing the significant effects of the project.
(3) The lead agency shall prepare responses to comments received
during the review period.
(4) Before approving the project, the decisionmaker in the lead agency
shall:
(A) Consider the information in the EIR including comments received
during the review period and responses to those comments,
(B) Decide either on its own or on a staff recommendation whether the
EIR is adequate for the project at hand, and
(C) Make or require certification to be made as described in Section
J 5090.
(D) Make findings as provided in Sections 15091 and 15093 as neces-
sary.
(5) After making a decision on the project, the lead agency shall file
a notice of determination.
(c) An EIR prepared for an earlier project may also be used as part of
an initial study to document a finding that a later project will not have a
significant effect. In this situation a negative declaration will be pre-
pared.
(d) An EIR prepared for an earlier project shall not be used as the EIR
for a later project if any of the conditions described in Section 15162
would require preparation of a subsequent or supplemental EIR.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 100, 21 151 and 21 166, Public Resources Code.
History
1 . Change without regulatory effect amending subsection (b)(2) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§15154. Projects Near Airports.
(a) When a lead agency prepares an EIR for a project within the bound-
aries of a comprehensive airport land use plan or, if a comprehensive air-
port land use plan has not been adopted for a project within two nautical
miles of a public airport or public use airport, the agency shall utihze the
Airport Land Use Planning Handbook published by Caltrans' Division
of Aeronautics to assist in the preparation of the EIR relative to potential
airport-related safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration or mitigated
negative declaration for a project described in subdivision (a) unless the
lead agency considers whether the project will result in a safety hazard
or noise problem for persons using the airport or for persons residing or
working in the project area.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21096, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 15155. City or County Consultation with Water Agencies.
(a) The following definitions are applicable to this section.
(1) A "water-demand project" means:
(A) A residential development of more than 500 dwelling units.
(B) A shopping center or business establishment employing more than
1 ,000 persons or having more than 500,000 square feet of floor space.
(C) A commercial office building employing more than 1 ,000 persons
or having more than 250,000 square feet of floor space.
(D) A hotel or motel, or both, having more than 500 rooms.
(E) An industrial, manufacturing, or processing plant, or industrial
park planned to house more than 1 ,000 persons, occupying more than 40
acres of land, or having more than 650,000 square feet of floor area.
(F) A mixed-use project that includes one or more of the projects spe-
cified in subdivisions (a)(r)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E),
and (a)(1)(G) of this section.
(G) A project that would demand an amount of water equivalent to, or
greater than, the amount of water required by a 500 dwelling unit project.
(H) For public water systems with fewer than 5,000 service connec-
tions, a project that meets the following criteria:
1 . A proposed residential, business, commercial, hotel or motel, or in-
dustrial development that would account for an increase of 10 percent or
more in the number of a public water system's existing service connec-
tions; or
2. A mixed-use project that would demand an amount of water equiva-
lent to, or greater than, the amount of water required by residential devel-
opment that would represent an increase of 10 percent or more in the
number of the public water system's existing service connections.
(2) "Public water system" means a system for the provision of piped
water to the public for human consumption that has 3000 or more service
connections. A public water system includes all of the following:
(A) Any collection, treatment, storage, and distribution facility under
control of the operator of the system which is used primarily in connec-
tion with the system.
(B) Any collection or pretreatment storage facility not under the con-
trol of the operator that is used primarily in connection with the system.
(C) Any person who treats water on behalf of one or more public water
systems for the purpose of rendering it safe for human consumption.
(3) "Water acquisition plans" means any plans for acquiring additional
water supplies prepared by the public water system or a city or county
lead agency pursuant to subdivision (a) of section 10911 of the Water
Code.
(4) "Water assessment" means the water supply assessment that must
be prepared by the governing body of a public water system, or the city
or county lead agency, pursuant to and in compliance with sections
10910 to 10915 of the Water Code, and that includes, without Umitation,
the elements of the assessment required to comply with subdivisions (d),
(e), (f), and (g) of section 10910 of the Water Code.
(5) "City or county lead agency" means a city or county, acting as lead
agency, for purposes of certifying or approving an environmental impact
report, a negative declaration, or a mitigated negative declaration for a
water-demand project.
(b) Subject to section 15155, subdivision (d) below, at the time a city
or county lead agency determines whether an environmental impact re-
port, a negative declaration, or a mitigated negative declaration, or any
supplement thereto, is required for the water-demand project, the city or
county lead agency shall take the following steps:
(1 ) The city or county lead agency shall identify any water system that
either: (A) is a public water system that may supply water to the water-
demand project, or (B) that may become such a public water system as
a result of supplying water to the water-demand project. The city or
county lead agency shall request the governing body of each such pubUc
water system to determine whether the projected water demand
associated with a water-demand project was included in the most recent-
ly adopted urban water management plan adopted pursuant to Part 2.6
(commencing with section 10610) of the Water Code, and to prepare a
water assessment approved at a regular or special meeting of that govern-
ing body.
(2) If the city or county lead agency is not able to identify any public
water system that may supply water for the water-demand project, the
city or county lead agency shall prepare a water assessment after consult-
ing with any entity serving domestic water supplies whose service area
includes the site of the water-demand project, the local agency formation
commission, and the governing body of any public water system adjacent
to the site of the water-demand project. The governing body of the city
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Title 14
Resources Agency
§ 15162
or county lead agency must approve the water assessment prepared pur-
suant to this section at a regular or special meeting.
(c) The city or county lead agency shall grant any reasonable request
for an extension of time that is made by the governing body of a public
water system preparing the water assessment, provided that the request
for an extension of time is made within 90 days after the date on which
the governing body of the public water system received the request to
prepare a water assessment. If the governing body of the public water sys-
tem fails to request and receive an extension of time, or fails to submit
the water assessment notwithstanding the 30-day extension, the city or
county lead agency may seek a writ of mandamus to compel the govern-
ing body of the public water system to comply with the requirements of
Part 2.10 of Division 6 (commencing with section 10910) of the Water
Code relating to the submission of the water assessment.
(d) If a water-demand project has been the subject of a water assess-
ment, no additional water assessment shall be required for subsequent
water-demand projects that were included in such larger water-demand
project if all of the following criteria are met:
(1) The entity completing the water assessment had concluded that its
water supplies are sufficient to meet the projected water demand
associated with the larger water-demand project, in addition to the exist-
ing and planned future uses, including, but not limited to, agricultural and
industrial uses; and
(2) None of the following changes has occurred since the completion
of the water assessment for the larger water-demand project:
(A) Changes in the larger water-demand project that result in a sub-
stantial increase in water demand for the water-demand project.
(B) Changes in the circumstances or conditions substantially affecting
the ability of the public water system or the water supplying city or
county identified in the water assessment to provide a sufficient supply
of water for the water demand project.
(C) Significant new information becomes available which was not
known and could not have been known at the time when the entity had
reached the conclusion in subdivision (d)(1).
(e) The city or county lead agency shall include the water assessment,
and any water acquisition plan in the EIR, negative declaration, or miti-
gated negative declaration, or any supplement thereto, prepared for the
water-demand project, and may include an evaluation of the water as-
sessment and water acquisition plan information within such environ-
mental document. The city or county lead agency shall determine, based
on the entire record, whether projected water supplies will be sufficient
to satisfy the demands of the project, in addition to existing and planned
future uses. If a city or county lead agency determines that water supplies
will not be sufficient, the city or county lead agency shall include that de-
termination in its findings for the water-demand project.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21151.9, Public Resources Code; and Sections 10910-10915, Water Code.
History
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
Article 1 1 . Types of EIRs
§15160. General.
This article describes a number of examples of variations in EIRs as
the documents are tailored to different situations and intended uses.
These variations are not exclusive. Lead agencies may use other varia-
tions consistent with the guidelines to meet the needs of other circum-
stances. All EIRs must meet the content requirements discussed in Ar-
ticle 9 beginning with Section 15120.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2 1 06 1 , 2 1 1 00 and 2 1 1 5 1 , Public Resources Code.
History
1. New Article 11 (Section 15180) filed 12-14-73 as an emergency; effective
upon filing. Certificate of Compliance included (Register 73, No. 50).
2. Repealer of Article 11 (Section 15180) and new Article 11 (Sections
15160-15170) filed 7-13-83; effecUve thirtieth day thereafter (Register 83,
No. 29).
3. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29),
4. Change without regulatory effect amending Notie filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15161. Project EIR.
The most common type of EIR examines the environmental impacts
of a specific development project. This type of EIR should focus primari-
ly on the changes in the environment that would result from the develop-
ment project. The EIR shall examine all phases of the project including
planning, construction, and operation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2106], 21 100 and 21151, Public Resources Code.
History
1 . Change without regulatory effect amending Notie; filed 10-6-2005 pursuant to
secfion 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15162. Subsequent EIRs and Negative Declarations.
(a) When an EIR has been certified or a negative declaration adopted
for a project, no subsequent EIR shall be prepared for that project unless
the lead agency determines, on the basis of substantial evidence in the
light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the in-
volvement of new significant environmental effects or a substantial in-
crease in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the
previous EIR or negative declaration due to the involvement of new sig-
nificant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete or the negative dec-
laration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed
in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be fea-
sible would in fact be feasible and would substantially reduce one or
more significant effects of the project, but the project proponents decline
to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably differ-
ent from those analyzed in the previous EIR would substantially reduce
one or more significant effects on the environment, but the project propo-
nents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new informa-
tion becomes available after adoption of a negative declaration, the lead
agency shall prepare a subsequent EIR if required under subdivision (a).
Otherwise the lead agency shall determine whether to prepare a subse-
quent negative declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency's role in project
approval is completed, unless further discretionary approval on that proj-
ect is required. Information appearing after an approval does not require
reopening of that approval. If afterthe project is approved, any of the con-
ditions described in subdivision (a) occurs, a subsequent EIR or negative
declaration shall only be prepared by the public agency which grants the
next discretionary approval for the project, if any. In this situation no oth-
er responsible agency shall grant an approval for the project until the sub-
sequent EIR has been certified or subsequent negative declaration
adopted.
(d) A subsequent EIR or subsequent negative declaration shall be giv-
en the same notice and public review as required under Section 15087 or
Section 15072. A subsequent EIR or negative declaration shall state
where the previous document is available and can be reviewed.
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§ 15163
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21166, Public Resources Code; Bowman v. Citv of Petal uma (1986) 185
Cal.App.3d 1065: Benton v. Board of Siipennsors (1991) 226 Cal.App.3d 1467;
and Fort Mojave Indian Tribe v. California Department ofHealtli Serx'ices et al.
(1995) 38 Cal.App.4th 1574.
History
1. Amendment of section heading, text and Note filed 8-19-94: operative
9-19-94 (Register 94, No. 33).
2. Amendment of subsection (c) and Note filed 10-26-98; operative 10-26-98
pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsections (b)-(c) and Note filed
10-6-2005 pursuant to section 100, title 1. California Code of Regulations
(Register 2005, No. 40).
§ 1 51 63. Supplement to an EiR.
(a) The lead or responsible agency inay choose to prepare a stipple-
ment to an EIR rather than a subsequent EIR if:
(1) Any of the conditions described in Section 15162 would require the
preparation of a subsequent EIR, and
(2) Only minor additions or changes would be necessary to make the
previous EIR adequately apply to the project in the changed situation.
(b) The supplement to the EIR need contain only the information nec-
essary to make the previous EIR adequate for the project as revised.
(c) A supplement to an EIR shall be given the same kind of notice and
public review as is given to a draft EIR under Section 15087.
(d) A supplement to an EIR may be circulated by itself without recircu-
lating the previous draft or final EIR.
(e) When the agency decides whether to approve the project, the deci-
sion-making body shall consider the previous EIR as revised by the
supplemental EIR. A finding under Section 1 509 1 shall be made for each
significant effect shown in the previous EIR as revised.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21166. Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 1 00, fitle 1 , California Code of Regulations (Register 2005, No. 40).
§ 15164. Addendum to an EIR or Negative Declaration.
(a) The lead agency or a responsible agency shall prepare an adden-
dum to a previously certified EIR if some changes or additions are neces-
sary but none of the conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared
if only minor technical changes or additions are necessary or none of the
conditions described in Section 15162 calling for the preparation of a
subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be
included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the
final EIR or adopted negative declaration prior to making a decision on
the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR
pursuant to Section 15162 should be included in an addendum to an EIR,
the lead agency's required findings on the project, or elsewhere in the re-
cord. The explanation must be supported by substantial evidence.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21166, Public Resources Code; Bowman v. Cit\ of Petalwna (1986) 185
Cal.App.3d 1065; and Benton v. Board of Supervisors \\99l) 226 Cal.App.3d
1467.
History
1. Amendment of section heading, text and Note filed 8-19-94; operative
9-19-94 (Register 94, No. 33).
2. Amendment of subection (b) and Note filed 10-26-98; operative 10-26-98
pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15165. Multiple and Phased Projects.
Where individual projects are, or a phased project is, to be undertaken
and where the total undertaking comprises a project with significant en-
vironmental effect, the lead agency shall prepare a single program EIR
for the ultimate project as described in Section 15168. Where an individ-
ual project is a necessary precedent for action on a larger project, or com-
mits the lead agency to a larger project, with significant environmental
effect, an EIR must address itself to the scope of the larger project. Where
one project is one of several similar projects of a public agency, but is not
deemed a part of a larger undertaking or a larger project, the agency may
prepare one EIR for all projects, or one for each project, but shall in either
case comment upon the cumulative effect.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21061, 21 100 and 21 1 51 , Public Resources Code: WItitman v. Board of Su-
pervisors, 88 Cal. App. 3d 397 (1979).
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15166. EIR As Part of a General Plan.
(a) The requirements for preparing an EIR on a local general plan, ele-
ment, or amendment thereof will be satisfied by using the general plan,
or element document, as the EIR and no separate EIR will be required,
if:
(1) the general plan addresses all the points required to be in an EIR
by Article 9 of these guidelines and
(2) the document contains a special section or a cover sheet identifying
where the general plan document addresses each of the points required.
(b) Where an EIR rather than a negative declaration has been prepared
for a general plan, element, or amendment thereto, the EIR shall be for-
warded to the State Clearinghouse for review. The requirement shall ap-
ply regardless of whether the EIR is prepared as a separate document or
as a part of the general plan or element document.
NOTE: Authority cited: Section 21083. Public Resources Code. Reference: Sec-
tions 21003, 21061, 21083, 21100, 21104, 21151 and 21152, Public Resources
Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15167. Staged EIR.
(a) Where a large capital project will require a number of discretionary
approvals from government agencies and one of the approvals will occur
more than two years before construction will begin, a staged EIR may be
prepared covering the entire project in a general form. The staged EIR
shall evaluate the proposal in light of current and contemplated plans and
produce an informed estimate of the environmental consequences of the
entire project. The aspect of the project before the public agency for ap-
proval shall be discussed with a greater degree of specificity.
(b) When a staged EIR has been prepared, a supplement to the EIR
shall be prepared when a later approval is required for the project, and the
information available at the. time of the later approval would permit con-
sideration of additional environmental impacts, mitigation measures, or
reasonable alternatives to the project.
(c) Where a statute such as the Warren-Alquist Energy Resources
Conservation and Development Act provides that a specific agency shall
be the lead agency for a project and requires the lead agency to prepare
an EIR, a responsible agency which must grant an approval for the project
before the lead agency has completed the EIR may prepare and consider
a staged EIR.
(d) An agency requested to prepare a staged EIR may decline to act as
the lead agency if it determines, among other factors, that:
(1) Another agency would be the appropriate lead agency; and
(2) There is no compelling need to prepare a staged EIR and grant an
approval for the project before the appropriate lead agency will take its
action on the project.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21003, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 2005, No. 40).
Page 698
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15169
§15168. Program EIR.
(a) General. A program EIR is an EIR which may be prepared on a se-
ries of actions that can be characterized as one large project and are re-
lated either:
(1) Geographically,
(2) As logical parts in the chain of contemplated actions,
(3) In connection with issuance of niles, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing stat-
utory or regulatory authority and having generally similar environmental
effects which can be mitigated in similar ways.
(b) Advantages. Use of a program EIR can provide the following ad-
vantages. The program EIR can:
(1) Provide an occasion for a more exhaustive consideration of effects
and alternatives than would be practical in an EIR on an individual action,
(2) Ensure consideration of cumulative impacts that might be slighted
in a case-by-case analysis,
(3) Avoid duphcative reconsideration of basic policy considerations,
(4) Allow the lead agency to consider broad policy alternatives and
program wide mitigation measures at an early time when the agency has
greater flexibility to deal with basic problems or cumulative impacts,
(5) Allow reduction in paperwork.
(c) Use With Later Activities. Subsequent activities in the program
must be examined in the light of the program EIR to determine whether
an additional environmental document must be prepared.
(1 ) If a later activity would have effects that were not examined in the
program EIR, a new initial study would need to be prepared leading to
either an EIR or a negative declaration.
(2) If the agency finds that pursuant to Section 15162, no new effects
could occur or no new mitigation measures would be required, the
agency can approve the activity as being within the scope of the project
covered by the program EIR, and no new environmental document
would be required.
(3) An agency shall incorporate feasible mitigation measures and al-
ternatives developed in the program EIR into subsequent actions in the
program.
(4) Where the subsequent activities involve site specific operations,
the agency should use a written checklist or similar device to document
the evaluation of the site and the activity to determine whether the envi-
ronmental effects of the operation were covered in the program EIR.
(5) A program EIR will be most helpful in dealing with subsequent ac-
tivities if it deals with the effects of the program as specifically and com-
prehensively as possible. With a good and detailed analysis of the pro-
gram, many subsequent activities could be found to be within the scope
of the project described in the program EIR, and no further environmen-
tal documents would be required.
(d) Use With Subsequent EIRS and Negative Declarations. A program
EIR can be used to simplify the task of preparing environmental docu-
ments on later parts of the program. The program EIR can:
(1) Provide the basis in an initial study for determining whether the lat-
er activity may have any significant effects.
(2) Be incorporated by reference to deal with regional influences, sec-
ondary effects, cumulative impacts, broad alternatives, and other factors
that apply to the program as a whole.
(3) Focus an EIR on a subsequent project to permit discussion solely
of new effects which had not been considered before.
(e) Notice With Later Activities. When a law other than CEQA re-
quires public notice when the agency later proposes to carry out or ap-
prove an activity within the program and to rely on the program EIR for
CEQA compliance, the notice for the activity shall include a statement
that:
(1) This activity is within the scope of the program approved earlier,
and
(2) The program EIR adequately describes the activity for the purposes
of CEQA.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21003, Public Resources Code; County of Inyo v. Yorty, 32 Cal. App. 3d 795
(1973).
History
] . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectioTi 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15169. Master Environmental Assessment.
(a) General. A public agency may prepare a master environmental
assessment, inventory, or data base for all, or a portion of, the territory
subject to its control in order to provide information which may be used
or referenced in EIRs or negative declarations. Neither the content, the
format, nor the procedures to be used to develop a master environmental
assessment are prescribed by these guidehnes. The descriptions con-
tained in this section are advisory. A master environmental assessment
is suggested solely as an approach to identify and organize environmen-
tal information for a region or area of the state.
(b) Contents. A master environmental assessment may contain an in-
ventory of the physical and biological characteristics of the area for
which it is prepared and may contain such additional data and informa-
tion as the public agency determines is useful or necessary to describe en-
vironmental characteristics of the area. It may include identification of
existing levels of quahty and supply of air and water, capacities and lev-
els of use of existing services and facilities, and generalized incremental
effects of different categories of development projects by type, scale, and
location.
(c) Preparation.
(1) A master environmental assessment or inventory may be prepared
in many possible ways. For example, a master environmental assessment
may be prepared as a special, comprehensive study of the area involved,
as part of the EIR on a general plan, or as a data base accumulated by in-
dexing EIRs prepared for individual projects or programs in the area in-
volved.
(2) The information contained in a master environmental assessment
should be reviewed periodically and revised as needed so that it is accu-
rate and current.
(3) When advantageous to do so, master environmental assessments
may be prepared through a joint exercise of powers agreement with
neighboring local agencies or with the assistance of the appropriate
Council of Governments.
(d) Uses.
(1) A master environmental assessment can identify the environmen-
tal characteristics and constraints of an area. This information can be
used to influence the design and location of individual projects.
(2) A master environmental assessment may provide information
agencies can use in initial studies to decide whether certain environmen-
tal effects are likely to occur and whether certain effects will be signifi-
cant.
(3) A master environmental assessment can provide a central source
of current information for use in preparing individual EIRs and negative
declarations.
(4) Relevant portions of a master environmental assessment can be ref-
erenced and summarized in EIRs and negative declarations.
(5) A master environmental assessment can assist in identifying long
range, areawide, and cumulative impacts of individual projects proposed
in the area covered by the assessment.
(6) A master environmental assessment can assist a city or county in
formulating a general plan or any element of such a plan by identifying
environmental characteristics and constraints that need to be addressed
in the general plan.
(7) A master environmental assessment can serve as a reference docu-
ment to assist public agencies which review other environmental docu-
ments dealing with activities in the area covered by the assessment. The
pubhc agency preparing the assessment should forward a completed
copy to each agency which will review projects in the area.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21003, Public Resources Code.
Page 699
Register 2007, No. 30; 7-27-2007
§ 15170
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100. title C California Code of Regulations (Register 2005, No. 40).
§15170. Joint EIR-EIS.
A lead agency under CEQA may work with a federal agency to prepare
a joint document which will meet the requirements of both CEQA and
NEPA. Use of such a joint document is described in Article 14, beginning
with Section 15220.
NOTE; Authority cited; Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21083.7, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 11.5.
Master Environmental Impact
Report
§15175. Master EIR.
(a) The Master EIR procedure is an alternative to preparing a project
EIR, staged EIR, or program EIR for certain projects which will form the
basis for later decision making. It is intended to streamline the later envi-
ronmental review of projects or approval included within the project,
plan or program analyzed in the Master EIR. Accordingly, a Master EIR
shall, to the greatest extent feasible, evaluate the cumulative impacts,
growth inducing impacts, and irreversible significant effects on the envi-
ronment of subsequent projects.
(b) A lead agency may prepare a Master EIR for any of the following
classes of projects:
(1) A general plan, general plan update, general plan element, general
plan amendment, or specific plan.
(2) Public or private projects that will be carried out or approved pur-
suant to, or in furtherance of, a redevelopment plan.
(3) A project that consists of smaller individual projects which will be
carried out in phases.
(4) A rule or regulation which will be implemented by later projects.
(5) Projects that will be carried out or approved pursuant to a develop-
ment agreement.
(6) A state highway project or mass transit project which will be sub-
ject to multiple stages of review or approval.
(7) A plan proposed by a local agency, including a joint powers author-
ity, for the reuse of a federal military base or reservation that has been
closed or is proposed for closure by the federal government.
(8) A regional transportation plan or congestion management plan.
(9) Regulations adopted by the California Department of Fish and
Game for the regulation of hunting and fishing.
(c) A lead agency may develop and implement a fee program in accor-
dance with applicable provisions of law to generate the revenue neces-
sary to prepare a Master EIR.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 156, 21 157 and 21089, Public Resources Code.
History
1. New article 11.5 (sections 15175-15175.5) and section filed 5-27-97; opera-
tive 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97,
No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 76. Contents of a Master EIR.
A lead agency shall include in a Master EIR all of the following:
(a) A detailed discussion as required by Section 15126.
(b) A description of anticipated subsequent projects that are within the
scope of the Master EIR, including information with regard to the kind,
size, intensity, and location of the subsequent projects, including, but not
limited to all of the following:
(1) The specific type of project anticipated to be undertaken such as
a single family development, office-commercial development, sewer
line installation or other activities.
(2) The maximum and minimum intensity of any anticipated subse-
quent project, such as the number of residences in a residential develop-
ment, and with regard to a public works facility, its anticipated capacity
and service area.
(3) The anticipated location for any subsequent development projects,
and, consistent with the rule of reason set forth in Section 151 26.6(f), al-
ternative locations for any such projects.
(4) A capital outlay or capital improvement program, or other schedul-
ing or implementing device that governs the submission and approval of
subsequent projects, or an explanation as to why practical planning con-
siderations render it impractical to identify any such program or schedul-
ing or other device at the time of preparing the Master EIR.
(c) A description of potential impacts of anticipated projects for which
there is not sufficient information reasonably available to support a full
assessment of potential impacts in the Master EIR. This description shall
not be construed as a limitation on the impacts which may be considered
in a focused EIR.
(d) Where a Master EIR is prepared in connection with a project identi-
fied in subdivision (b)(1) of section 15175, the anticipated subsequent
projects included within a Master EIR may consist of later planning ap-
provals, including parcel-specific approvals, consistent with the overall
planning decision (e.g., general plan, or specific plan, or redevelopment
plan) for which the Master EIR has been prepared. Such subsequent proj-
ects shall be adequately described for purposes of subdivision (b) or of
this section ( 1 5 1 76) if the Master EIR and any other documents embody-
ing or relating to the overall planning decision identify the land use desig-
nations and the permissible densities and intensities of use for the af-
fected parcel(s). The proponents of such subsequent projects shall not be
precluded from relying on the Master EIR solely because that document
did not specifically identify or list, by name, the subsequent project as ul-
timately proposed for approval.
Note; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 157, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b)(3) filed 2-1-2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15177. Subsequent Projects Within the Scope of the
MEIR.
(a) After a Master EIR has been prepared and certified, subsequent
projects which the lead agency determines as being within the scope of
the Master EIR will be subject to only limited environmental review.
(b) Except as provided in subdivision (2) of this subdivision, neither
a new environmental document nor the preparation of findings pursuant
to section 15091 shall be required of a subsequent project when all of the
following requirements are met:
(1) The lead agency for the subsequent project is the lead agency or any
responsible agency identified in the Master EIR.
(2) The lead agency for the subsequent project prepares an initial study
on the proposal. The initial study shall analyze whether the subsequent
project was described in the Master EIR and whether the subsequent proj-
ect may cause any additional significant effect on the environment which
was not previously examined in the Master EIR.
(3) The lead agency for the subsequent project determines, on the basis
of written findings, that no additional significant environmental effect
will result from the proposal, no new additional mitigation measures or
alternatives may be required, and that the project is within the scope of
the Master EIR. "Additional significant environmental effect" means
any project-specific effect which was not addressed as a significant ef-
fect in the Master EIR.
(c) Whether a subsequent project is within the scope of the Master EIR
is a question of fact to be determined by the lead agency based upon a re-
view of the initial study to determine whether there are additional signifi-
Page 700
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15179
cant effects or new additional mitigation measures or alternatives re-
quired for the subsequent project that are not already discussed in the
Master EIR.
(d) Prior to approval of the proposed subsequent project, the lead
agency shall incorporate all feasible mitigation measures or feasible al-
ternatives appropriate to the project as set forth in the Master EIR and
provide notice in the manner required by Section 15087.
(e) When the lead agency approves a project pursuant to this section,
the lead agency shall file a notice in the manner required by Section
15075.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 J 57, 21157.6 and 21158, Public Resources Code.
History
1 . New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (b) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 15178. Subsequent Projects Identified in the MEIR.
(a) When a proposed subsequent project is identified in the Master
EIR, but the lead agency cannot make a determination pursuant to Sec-
tion 15177 that the subsequent project is within the scope of the Master
EIR, and the lead agency determines that the cumulative impacts, growth
inducing impacts and irreversible significant effects analysis in the Mas-
ter EIR is adequate for the subsequent project, the lead agency shall pre-
pare a mitigated negative declaration or a focused EIR if, after preparing
an initial study, the lead agency determines that the project may result in
new or additional significant effects. Whether the cumulative impacts,
growth inducing impacts and irreversible significant effects analyses are
adequate is a question of fact to be determined by the lead agency based
upon a review of the proposed subsequent project in light of the Master
EIR.
(b) A lead agency shall prepare a mitigated negative declaration for
any proposed subsequent project if both of the following occur:
(1) The initial study prepared pursuant to Section 15177 has identified
potentially new or additional significant environmental effects that were
not analyzed in the Master EIR; and
(2) Feasible mitigation measures or alternatives will be incorporated
to revise the subsequent project before the negative declaration is re-
leased for puWic review pursuant to Section 15073 in order to avoid or
mitigate the identified effects to a level of insignificance.
(c) A lead agency shall prepare a focused EIR if the subsequent project
may have a significant effect on the environment and a mitigated nega-
tive declaration pursuant to subdivision (b) of this section cannot be pre-
pared.
(1) The focused EIR shall incorporate by reference the Master EIR and
analyze only the subsequent project's additional significant environmen-
tal effects and any new or additional mitigation measures or alternatives
that were not identified and analyzed by the Master EIR. "Additional sig-
nificant environmental effects" are those project-specific effects on the
environment which were not addressed as significant in the Master EIR.
(2) A focused EIR need not examine those effects which the lead
agency, prior to public release of the focused EIR, finds, on the basis of
the initial study, related documents, and commitments from the propo-
nent of a subsequent project, have been mitigated in one of the following
manners:
(A) Mitigated or avoided as a result of mitigation measures identified
in the Master EIR which the lead agency will require as part of the ap-
proval of the subsequent project;
(B) Examined at a sufficient level of detail in the Master EIR to enable
those significant effects to be mitigated or avoided by specific revisions
to the project, the imposition of conditions of approval, or by other means
in connection with approval of the subsequent project; or
(C) The mitigation or avoidance of which is the responsibility of and
within the jurisdiction of another public agency and is, or can and should
be, undertaken by that agency.
(3) The lead agency's findings pursuant to subdivision (2) shall be in-
cluded in the focused EIR prior to public release pursuant to Section
15087.
(4) A focused EIR prepared pursuant to this section shall analyze any
significant environmental effects when:
(A) Substantial new or additional information shows that the adverse
environmental effect may be more significant that was described in the
Master EIR; or
(B) Substantial new or additional information shows that mitigation
measures or alternatives which were previously determined to be infeasi-
ble are feasible and will avoid or reduce the significant effects of the sub-
sequent project to a level of insignificance.
(d) A lead agency shall file a notice of determination shall be filed pur-
suant to Section 15075 if a project has been approved for which a miti-
gated negative declaration has been prepared pursuant to this section and
a notice of determination shall be filed pursuant to Section 1 5094 if a
project has been approved for which a focused EIR has been prepared
pursuant to this section.
(e) When a lead agency determines that the cumulative impacts,
growth inducing impacts and irreversible significant effects analysis in
the Master EIR is inadequate for the subsequent project, the subsequent
project is no longer eligible for the limited environmental review avail-
able under the Master EIR process and shall be reviewed according to Ar-
ticle 7 (commencing with Section 15080) of these guidelines. The lead
agency shall tier the project specific EIR upon the Master EIR to the ex-
tent feasible under Section 15152.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21081(a)(2), 21157.5 and 21158, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15179. Limitations on the Use of the l\/laster EIR.
(a) The certified Master EIR shall not be used for a subsequent project
described in the Master EIR in accordance with this article if either:
(1) The Master EIR was certified more than five years prior to the fil-
ing of an application for a subsequent project except as set forth in sub-
section (b) below, or
(2) After the certification of the Master EIR, a project not described in
the certified Master EIR as an anticipated subsequent project is approved
and the approved project may affect the adequacy of the Master EIR for
any subsequent project that was described in the Master EIR.
(b) A Master EIR that was certified more than five years prior to the
filing of an application for a subsequent project described in the Master
EIR may be used in accordance with this article to review such a subse-
quent project if the lead agency reviews the adequacy of the Master EIR
and takes either of the following steps:
(1) Finds that no substantial changes have occurred with respect to the
circumstances under which the Master EIR was certified, or that there is
no new available information which was not known and could not have
been known at the time the Master EIR was certified; or
(2) Prepares an initial study and, pursuant to the findings of the initial
study, does either (A) or (B) below:
(A) certifies subsequent or supplemental EIR that updates or revises
the Master EIR and which either:
1 . is incorporated into the previously certified Master EIR,
2. references any deletions, additions or other modifications to the pre-
viously certified Master EIR;
(B) approves a mitigated negative declaration that addresses substan-
tial changes that have occurred with respect to the circumstances under
which the Master EIR was certified or the new information that was not
known and could not have been known at the time the Master EIR was
certified.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21157.6, Public Resources Code.
Page 701
Register 2007, No. 30; 7-27-2007
§ 15179.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section J 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
§ 15179.5. Focused EIRs and Small Projects.
(a) When a project is a inultiple family residential development of 100
units or less or is a residential and commercial or retail mixed-use com-
mercial development of not more then 100,000 square feet, whether or
not the project is identified in the Master EIR, a focused EIR shall be pre-
pared pursuant to this section when the following conditions are met:
( 1 ) The project is consistent with a general plan, specific plan, commu-
nity plan, or zoning ordinance for which an EIR was prepared within five
years of certification of the focused EIR; and
(2) The parcel on which the project is to be developed is either:
(A) Surrounded by immediately contiguous urban development;
(B) Previously developed with urban uses; or
(C) Within one-half inile of an existing rail transit station.
(b) A focused environmental impact report prepared pursuant to this
section shall be limited to a discussion of potentially significant effects
on the environment specific to the project, or which substantial new in-
formation shows will be more significant than described in the prior envi-
ronmental impact report. No discussion shall be required of alternatives
to the project, cumulative impacts of the project, or the growth inducing
impacts of the project.
(c) This section does not apply where the lead agency can inake a find-
ing pursuant to Section 15177 that the subsequent project is within the
scope of the Master EIR, where the lead agency can prepare a mitigated
negative declaration or focused EIR pursuant to Section 1 5178, or where,
pursuant to Section 15162 or Section 15163, the environmental impact
report referenced in subdivision (a)(1) of this section must be updated
through the preparation of a subsequent environmental impact report or
a supplemental environmental impact report.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 158.5, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 12. Special Situations
§15180. Redevelopment Projects,
(a) An EIR for a redevelopment plan may be a Master EIR, a program
EIR, or a project EIR. An EIR for a redevelopment plan must specify
whether it is a Master EIR, a program EIR, or a project EIR.
(b) If the EIR for a redevelopment plan is a project EIR, all public and
private activities or undertakings pursuant to or in furtherance of the re-
development plan shall constitute a single project, which shall be deemed
approved at the time of adoption of the redevelopment plan by the legisla-
tive body. The EIR in connection with the redevelopment plan shall be
submitted in accordance with Section 33352 of the Health and Safety
Code.
If a project EIR has been certified for the redevelopment plan, no sub-
sequent EIRs are required for individual components of the redevelop-
ment plan unless a subsequent EIR or a supplement to an EIR would be
required by Section 15162 or 15163.
(c) If the EIR for a redevelopment plan is a Master EIR, subsequent
projects which the lead agency determines as being within the scope of
the Master EIR will be subject to the review required by Section 15177.
If the EIR for a redevelopment plan is a program EIR, subsequent activi-
ties in the program wiU be subject to the review required by Section
15168.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21090 and 21 166, Public Resources Code.
History
1. New Article 12 (Sections 15190-15192) filed 1-6-76 as an emergency; effec-
tive upon filing (Register 76, No. 2).
2. Certificate of Compliance filed 4-2-76 (Register 76, No. 14).
3. Repealer of Article 12 (Secfions 15190-15193) and new Article 12 (Sections
15180-15185) filed 7-13-83; effecfive 8-1-83 (Register 83, No. 29). For prior
history, see Registers 82, No. 2; 81 , Nos. 30 and 45; 80, No. 1 5; 79, Nos. 18, 23
and 30; and 78, No. 33.
4. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
5. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100. title 1, California Code of Regulafions (Register 2005, No. 40).
6. Amendment of section and Note filed 7-27-2007; operative 7-27-2007 pur-
suant to Public Resources Code section 21083(f) (Register 2007, No. 30).
§ 15181. Housing and Neighborhood Commercial Facilities
in Urbanized Areas.
NOTE; Authority cited: Sections 2 1 083 and 2 1 087 , Public Resources Code. Refer-
ence: Section 21080.7, Public Resources Code.
History
1. Change without regulatory effect repealing secfion filed 10-6-2005 pursuant
to section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15182. Residential Projects Pursuant to a Specific Plan.
(a) Exemption. Where a public agency has prepared an EIR on a spe-
cific plan after January 1, 1 980, no EIR or negative declaration need be
prepared for a residential project undertaken pursuant to and in conformi-
ty to that specific plan if the project meets the requirements of this sec-
tion.
(b) Scope. Residential projects covered by this section include but are
not limited to land subdivisions, zoning changes, and residential planned
unit developments.
(c) Limitation. This section is subject to the limitation that if after the
adoption of the specific plan, an event described in Section 15162 should
occur, this exemption shall not apply until the city or county which
adopted the specific plan completes a subsequent EIR or a supplement
to an EIR on the specific plan. The exemption provided by this section
shall again be available to residential projects after the lead agency has
filed a Notice of Determination on the specific plan as reconsidered by
the subsequent EIR or supplement to the EIR.
(d) Fees. The lead agency has authority to charge fees to applicants for
projects which benefit from this section. The fees shall be calculated in
the aggregate to defray but not to exceed the cost of developing and
adopting the specific plan including the cost of preparing the EIR.
(e) Statute of Limitations. A court action challenging the approval of
a project under this section for failure to prepare a supplemental EIR shall
be commenced within 30 days after the lead agency's decision to carry
out or approve the project in accordance with the specific plan.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 65453, Government Code.
History
1. Change without regulatory effect repealing subsection (d), relettering subsec-
tions and amending Note filed 10-6-2005 pursuant to section 100, title 1,
California Code of Regulafions (Register 2005, No. 40).
§ 15183. Projects Consistent with a Community Plan,
General Plan, or Zoning.
(a) CEQA mandates that projects which are consistent with the devel-
opment density established by existing zoning, community plan, or gen-
eral plan policies for which an EIR was certified shall not require addi-
tional environmental review, except as might be necessary to examine
whether there are project-specific significant effects which are peculiar
to the project or its site. This streamlines the review of such projects and
reduces the need to prepare repetitive environmental studies.
(b) In approving a project meeting the requirements of this section, a
public agency shall limit its examination of environmental effects to
those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would
be located.
Page 702
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15185
•
(2) Were not analyzed as significant effects in a prior EIR on the zon-
ing action, general plan or community plan with which the project is con-
sistent,
(3) Are potentially significant off-site impacts and cumulative im-
pacts which were not discussed in the prior EIR prepared for the general
plan, community plan or zoning action, or
(4) Are previously identified significant effects which, as a result of
substantial new information which was not known at the time the EIR
was certified, are determined to have a more severe adverse impact than
discussed in the prior EIR.
(c) If an impact is not peculiar to the parcel or to the project, has been
addressed as a significant effect in the prior EIR, or can be substantially
mitigated by the imposition of uniformly applied development policies
or standards, as contemplated by subdivision (e) below, then an addition-
al EIR need not be prepared for the project solely on the basis of that im-
pact.
(d) This section shall apply only to projects which meet the following
conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan,
(B) A zoning action which zoned or designated the parcel on which the
project would be located to accommodate a particular density of develop-
ment, or
(C) A general plan of a local agency, and
(2) An EIR was certified by the lead agency for the zoning action, the
community plan, or the general plan.
(e) This section shall limit the analysis of only those significant envi-
ronmental effects for which:
(1 ) Each public agency with authority to mitigate any of the significant
effects on the environment identified in the EIR on the planning or zoning
action undertakes or requires others to undertake mitigation measures
specified in the EIR which the lead agency found to be feasible, and
(2) The lead agency makes a finding at a public hearing as to whether
the feasible mitigation measures will be undertaken.
(0 An effect of a project on the environment shall not be considered
peculiar to the project or the parcel for the purposes of this section if uni-
formly applied development policies or standards have been previously
adopted by the city or county with a finding that the development policies
or standards will substantially mitigate that environmental effect when
applied to future projects, unless substantial new information shows that
the policies or standards will not substantially mitigate the environmental
effect. The finding shall be based on substantial evidence which need not
include an EIR. Such development policies or standards need not apply
throughout the entire city or county, but can apply only within the zoning
district in which the project is located, or within the area subject to the
community plan on which the lead agency is relying. Moreover, such po-
licies or standards need not be part of the general plan or any community
plan, but can be found within another pertinent planning document such
as a zoning ordinance. Where a city or county, in previously adopting
uniformly applied development policies or standards for imposition on
future projects, failed to make a finding as to whether such policies or
standards would substantially mitigate the effects of future projects, the
decisionmaking body of the city or county, prior to approving such a fu-
ture project pursuant to this section, may hold a public hearing for the
purpose of considering whether, as applied to the project, such standards
or policies would substantially mitigate the effects of the project. Such
a public hearing need only be held if the city or county decides to apply
the standards or policies as permitted in this section.
(g) Examples of uniformly applied development policies or standards
include, but are not limited to:
(1) Parking ordinances,
(2) Public access requirements,
(3) Grading ordinances.
(4) Hillside development ordinances.
(5) Flood plain ordinances.
(6) Habitat protection or conservation ordinances.
(7) View protection ordinances.
(h) An environmental effect shall not be considered peculiar to the
project or parcel solely because no uniformly applied development
policy or standard is applicable to it.
(i) Where the prior EIR relied upon by the lead agency was prepared
for a general plan or community plan that meets the requirements of this
section, any rezoning action consistent with the general plan or commu-
nity plan shall be treated as a project subject to this section.
(1) "Community plan" is defined as a part of the general plan of a city
or county which applies to a defined geographic portion of the total area
included in the general plan, includes or references each of the mandatory
elements specified in Section 65302 of the Government Code, and con-
tains specific development policies and implementation measures which
will apply those policies to each involved parcel.
(2) For purposes of this section, "consistent" means that the density of
the proposed project is the same or less than the standard expressed for
the involved parcel in the general plan, community plan or zoning action
for which an EIR has been certified, and that the project complies with
the density-related standards contained in that plan or zoning. Where the
zoning ordinance refers to the general plan or community plan for its den-
sity standard, the project shall be consistent with the applicable plan.
(j) This section does not affect any requirement to analyze potentially
significant offsite or cumulative impacts if those impacts were not ade-
quately discussed in the prior EIR. If a significant offsite or cumulative
impact was adequately discussed in the prior EIR, then this section may
be used as a basis for excluding further analysis of that offsite or cumula-
tive impact.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083.3, Public Resources Code.
History
1. Amendment of section heading and subsections (a)(2) and (b) filed 1-30-86;
effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15184. State Mandated Local Projects.
Whenever a state agency issues an order which requires a local agency
to carry out a project subject to CEQA, the following rules apply:
(a) If an EIR is prepared for the project, the local agency shall limit the
EIR to considering those factors and alternatives which will not conflict
with the order.
(b) If a local agency undertakes a project to implement a rule or regula-
tion imposed by a certified state environmental regulatory program listed
in Section 15251, the project shall be exempt from CEQA with regard to
the significant effects analyzed in the document prepared by the state
agency as a substitute for an EIR. The local agency shall comply with
CEQA with regard to any site-specific effect of the project which was not
analyzed by the certified state agency as a significant effect on the envi-
ronment. The local agency need not re-examine the general environmen-
tal effects of the state rule or regulation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080, 21080.5 and 21154, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15185. Administrative Appeals.
(a) Where an agency allows administrative appeals upon the adequacy
of an environmental document, an appeal shall be handled according to
the procedures of that agency. Public notice shall be handled in accor-
dance with individual agency requirements and Section 15202(e).
(b) The decisionmaking body to which an appeal has been made shall
consider the environmental document and make findings under Sections
15091 and 15093 if appropriate.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21082 and 21083, Public Resources Code.
Page 703
Register 2007, No. 30; 7-27-2007
§ 15186
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005. No. 40).
§ 1 51 86. School Facilities.
(a) CEQA establishes a special requirement for certain school proj-
ects, as well as certain projects near schools, to ensure that potential
health impacts resulting from exposure to hazardous materials, wastes,
and substances will be carefully exainined and disclosed in a negative
declaration or EIR, and that the lead agency will consult with other agen-
cies in this regard.
(b) Before certifying an EIR or adopting a negative declaration for a
project located within one-fourth mile of a school involves the construc-
tion or alteration of a facility that might reasonably be anticipated to emit
hazardous air emissions, or that would handle an extremely hazardous
substance or a mixture containing extremely hazardous substances in a
quantity equal to or greater than the state threshold quantity specified in
subdivision (j) of Section 25532 of the Health and Safety Code, that may
impose a health or safety hazard to persons who would attend or would
be employed at the school, the lead agency must do both of the following;
(1) Consult with the affected school district or districts regarding the
potential impact of the project on the school; and
(2) Notify the affected school district or districts of the project, in writ-
ing, not less than 30 days prior to approval or certification of the negative
declaration or EIR.
(c) When the project involves the purchase of a school site or the con-
struction of a secondary or elementary school by a school district, the
negative declaration or EIR prepared for the project shall not be adopted
or certified unless;
(1) The negative declaration, mitigated negative declaration, or EIR
contains sufficient information to determine whether the property is;
(A) The site of a current or former hazardous waste or solid waste dis-
posal facility and, if so, whether wastes have been removed.
(B) A hazardous substance release site identified by the Department
of Toxic Substances Control in a current list adopted pursuant to Section
25356 of the Health and Safety Code for removal or remedial action pur-
suant to Chapter 6.8 (commencing with Section 25300) of Division 20
of the Health and Safety Code.
(C) Tlie site of one or more buried or above ground pipelines which
carry hazardous substances, acutely hazardous materials, or hazardous
wastes, as defined in Division 20 of the Health and Safety Code. This
does not include a natural gas pipeline used only to supply the school or
neighborhood.
(D) Within 500 feet of the edge of the closest traffic lane of a freeway
or other busy traffic corridor.
(2) The lead agency has notified in writing and consulted with the
county or city administering agency (as designated pursuant to Section
25502 of the Health and Safety Code) and with any air pollution control
district or air quahty management district having jurisdiction, to identify
facilities within one-fourth mile of the proposed school site which might
reasonably be anticipated to emit hazardous emissions or handle hazard-
ous or acutely hazardous material, substances, or waste. The notice shall
include a list of the school sites for which information is sought. Each
agency or district receiving notice shall provide the requested informa-
tion and provide a written response to the lead agency within 30 days of
receiving the notification. If any such agency or district fails to respond
within that time, the negative declaration or EIR shall be conclusively
presumed to comply with this section as to the area of responsibility of
that agency.
(3) The school district makes, on the basis of substantial evidence, one
of the following written findings;
(A) Consultation identified none of the facilities specified in para-
graph (2).
(B) The facilities specified in paragraph (2) exist, but one of the fol-
lowing conditions applies;
1 . The health risks from the facilities do not and will not constitute an
actual or potential endangerment of public health to persons who would
attend or be employed at the proposed school.
2. Corrective measures required under an existing order by another
agency having jurisdiction over the facilities will, before the school is oc-
cupied, mitigate all chronic or accidental hazardous air emissions to lev-
els that do not constitute any actual or potential public health danger to
persons who would attend or be employed at the proposed school. When
the school district board makes such a finding, it shall also make a subse-
quent finding, prior to occupancy of the school, that the emissions have
been so mitigated.
3. For a school site with boundary that is within 500 feet of the edge
of the closest traffic lane of a freeway or other busy traffic corridor, the
school district deteriTiines, through a health risk assessment pursuant to
subdivision (b)(2) of Section 44360 of the Health and Safety Code, based
on appropriate air dispersion modeling, and after considering any poten-
tial mitigation measures, that the air quality at the proposed site is such
that neither short-term nor long-term exposure poses significant health
risks to pupils.
(C) The facilities or other pollution sources specified in subsection
(c)(2) exist, but conditions in subdivisions (c)(3)(B)(l), (2) or (3) cannot
be met, and the school district is unable to locate an alternative site that
is suitable due to a severe shortage of sites that meet the requirements in
subdivision (a) of Section 17213 of the Education Code. If the school dis-
trict makes this finding, the school board shall prepare an EIR and adopt
a statement of overriding considerations.
This finding shall be in addition to any findings which may be required
pursuant to Sections 15074, 15091 or 15093.
(d) When the lead agency has carried out the consultation required by
paragraph (2) of subdivision (b), the negative declaration or EIR shall be
conclusively presumed to comply with this section, notwithstanding any
failure of the consultation to identify an existing facility.
(e) The following definitions shall apply for the purposes of this sec-
tion;
(1) "Acutely hazardous material," is as defined in 22 C.C.R.
§66260.10.
(2) "Administering agency," is as defined in Section 25501 of the
Health and Safety Code.
(3) "Extremely hazardous substance," is as defined in subdivision
(g)(2)(B) of Section 25532 of the Health and Safety Code and listed in
Section 2770.5, Table 3, of Title 19 of the California Code of Regula-
tions.
(4) "Facilities" means any source with a potential to use, generate,
emit or discharge hazardous air pollutants, including, but not limited to,
pollutants that meet the definition of a hazardous substance, and whose
process or operation is identified as an emission source pursuant to the
most recent list of source categories published by the California Air Re-
sources Board.
(5) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles in a rural
area, as defined in Section 50101 of the Health and Safety Code, and
100,000 vehicles in an urban area, as defined in Section 50104.7 of the
Health and Safety Code.
(6) "Handle" means to use, generate, process, produce, package, treat,
store, emit, discharge, or dispose of a hazardous material in any fashion.
(7) "Hazardous air emissions," is as defined in subdivisions (a) to (f),
inclusive, of Section 44321 of the Health and Safety Code.
(8) "Hazardous substance," is as defined in Section 25316 of the
Health and Safety Code.
(9) "Hazardous waste," is as defined in Section 25117 of the Health
and Safety Code.
(10) "Hazardous waste disposal site," is as defined in Section 25114
of the Health and Safety Code.
NOTE: Authority cited: Section 21083, Public Resources Code. References: Sec-
tions 2 11 51. 4 and 21151.8, Public Resources Code.
Page 704
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15190.5
History
1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , Calil'omia Code of Regulations (Register 2005, No. 40).
3. Amendment filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
§ 15187. Environmental Review of New Rules and
Regulations.
(a) At the time of the adoption of a rule or regulatioti requiring the in-
stallation of pollution control equipment, establishing a performance
standard, or establishing a treatment requirement, the California Air Re-
sources Board, Department of Toxic Substances Control, Integrated
Waste Management Board, State Water Resources Control Board, all re-
gional water quality control boards, and all air pollution control districts
and air quality management districts, as defined in Section 39025 of the
Health and Safety Code, must perform an environmental analysis of the
reasonably foreseeable methods by which compliance with that rule or
regulation will be achieved.
(b) If an EIR is prepared by the agency at the time of adoption of a rule
or regulation, it satisfies the requirements of this section provided that the
document contains the information specified in subdivision (c) below.
Similarly, for those State agencies whose regulatory programs have been
certified by the Resources Agency pursuant to Section 21080.5 of the
Public Resources Code, an environmental document prepared pursuant
to such programs satisfies the requirements of this section, provided that
the document contains the information specified in subdivision (c) be-
low.
(c) The environmental analysis shall include at least the following:
(1) An analysis of reasonably foreseeable environmental impacts of
the methods of compliance;
(2) An analysis of reasonably foreseeable feasible mitigation mea-
sures relating to those impacts; and
(3) An analysis of reasonably foreseeable alternative means of com-
pliance with the rule or regulation, which would avoid or eliminate the
identified impacts.
(d) The environmental analysis shall take into account a reasonable
range of environmental, economic, and technical factors, population and
geographic areas, and specific sites. The agency may utilize numerical
ranges and averages where specific data is not available, but is not re-
quired to, nor should it, engage in speculation or conjecture.
(e) Nothing in this section shall require the agency to conduct a project
level analysis.
(f) Nothing in this section is intended, or may be used, to delay the
adoption of any rule or regulation for which this section requires an envi-
ronmental analysis.
Note-. Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21159 and 2 11 59.4, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15188. Focused EIR for Pollution Control Equipment.
This section applies to projects consisting solely of the installation of
pollution control equipment and other components necessary to the in-
stallation of that equipment which are undertaken for the purpose of com-
plying with a rule or regulation which was the subject of an environmen-
tal analysis as described in Section 15187.
(a) The lead agency for the compliance project may prepare a focused
EIR to analyze the effects of that project when the following occur:
(1) the agency which promulgated the rule or regulation certified an
EIR on that rule or regulation, or reviewed it pursuant to an environmen-
tal analysis prepared under a certified regulatory program and, in either
case, the review included an assessment of growth inducing impacts and
cumulative impacts of, and alternatives to, the project;
(2) the focused EIR for the compliance project is certified within five
years of the certified EIR or environmental analysis required by subdivi-
sion (a)(1); and
(3) the EIR prepared in connection with the adoption of the rule or reg-
ulation need not be updated through the preparation of a subsequent EIR
or supplemental EIR pursuant to section 15162 or section 15163.
(b) The discussion of significant environmental effects in the focused
EIR shall be limited to project-specific, potentially significant effects
which were not discussed in the environmental analysis required under
Section 1 5 1 87. No discussion of growth-inducing or cumulative impacts
is required. Discussion of alternatives shall be limited to alternative
means of compliance, if any, with the rule or regulation.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21159.1, Public Resources Code.
History
1 . New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11 343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15189. Compliance with Performance Standard or
Treatment Requirement Rule or Regulation.
This section applies to projects consisfing solely of compliance with
a performance standard or treatment requirement which was the subject
of an environmental analysis as described in Section 15187.
(a) If preparing a negative declaration, midgated negadve declaration
or EIR on the compliance project the lead agency for the compliance
project shall, to the greatest extent feasible, use the environmental analy-
sis prepared pursuant to Section 15187. The use of numerical averages
or ranges in the environmental analysis prepared under Section 15187
does not relieve the lead agency on the compliance project from its obli-
gation to identify and evaluate the environmental effects of the project.
(b) Where the lead agency determines that an EIR is required for the
compliance project, the EIR need address only the project-specific is-
sues or other issues that were not discussed in sufficient detail in the envi-
ronmental analysis prepared under SecUon 15187. The mitigation mea-
sures imposed by the lead agency shall be limited to addressing the
significant effects on the environment of the compliance project. The dis-
cussion of alternatives shall be limited to a discussion of alternative
means of compliance, if any, with the rule or regulation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21159.2, Public Resources Code.
History
1 . New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 51 90. Deadlines for Compliance with Sections 1 51 88
and 15189.
(a) The lead agency for a compliance project under either Section
1 5 1 88 or Section 15189 shaU determine whether an El R or negati ve dec-
laration should be prepared within 30 days of its determination that the
application for the project is complete.
(b) Where the EIR will be prepared under contract to the lead agency
for the compliance project, the agency shall issue a request for proposal
for preparation of the EIR not later than 30 days after the deadline for re-
sponse to the notice of preparafion has expired. The contract shall be
awarded within 30 days of the response date on the request for proposals.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 159.3, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15190.5. Department of Defense Notification
Requirement.
(a) For purposes of this section, the following definitions are applica-
ble.
Page 704.1
Register 2007, No. 30; 7-27-2007
§ 15191
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(1) "Low-level flight path" means any flight path for any aircraft
owned, maintained, or that is under the jurisdiction of the United Stales
Department of Defense that flies lower than 1 ,500 feet above ground lev-
el, as indicated in the United States Department of Defense Flight In-
formation Publication, "Area Planning Mihtary Training Routes: North
and South America (AP/IB)" published by the United States National
Imagery and Mapping Agency, or its successor, as of the date the military
service gives written notification to a lead agency pursuant to subdivision
(b).
(2) "Military impact zone" means any area, including airspace, that
meets both of the following criteria:
(A) Is within two miles of a military installation, including, but not
limited to, any base, military airport, camp, post, station, yard, center,
homeport facility for a ship, or any other military activity center that is
under the jurisdiction of the United States Department of Defense; and
(B) Covers greater than 500 acres of unincorporated land, or greater
than 100 acres of city incorporated land.
(3) "Military service" means the United States Department of Defense
or any branch of the United States Armed Forces.
(4) "Special use airspace" means the land area underlying the airspace
that is designated for training, research, development, or evaluation for
a military service, as that land area is established by the United States De-
partment of Defense Flight Information Publication, "Area Planning:
Special Use Airspace: North and South America (AP/1 A)" published by
the United States National Imagery and Mapping Agency, or its succes-
sor, as of the date the military service gives written notification to a lead
agency pursuant to subdivision (b).
(b) A military service may give written notification to a lead agency
of the specific boundaries of a low-level flight path, military impact
zone, or special use airspace, and provide the lead agency, in writing, the
military contact office and address for the military service. If the notice
references the specific boundaries of a low-level flight path, such notifi-
cation must include a copy of the applicable United States Department
of Defense Flight Informadon Publication, "Area Planning Military
Training Routes: North and South America (AP/IB)." If the notice refer-
ences the specific boundaries of a special use airspace, such notification
must include a copy of the applicable United States Department of De-
fense Flight Information Publication, "Area Planning: Special Use Air-
space: North and South America (AP/IA)."
(c) If a military service provides the written notification specified in
subdivision (b) of this section, a lead agency must include the specified
military contact office in the list of organizations and individuals receiv-
ing a notice of intent to adopt a negative declaration or a mitigated nega-
tive declaration pursuant to Section 1 5072, in the list of organizations and
individuals receiving a notice of preparation of an EIR pursuant to Sec-
tion 1 5082, and in the list of organizations and individuals recei ving a no-
tice of availability of a draft EIR pursuant to Section 15087 for any proj-
ect that meets all of the criteria specified below:
( 1 ) The project to be carried out or approved by the lead agency is with-
in the boundaries specified in subdivision (b).
(2) The project is one of the following:
(A) a project that includes a general plan amendment; or
(B) a project that is of statewide, regional, or areawide significance;
or
(C) a project that relates to a public use airport and the area surround-
ing such airport which is required to be referred to the airport land use
commission, or appropriately designated body, pursuant to Sections
21670-21679.5 of the PubHc Utilities Code.
(3) The project is not one of the actions described below. A lead
agency does not need to send to the specified military contact office a no-
tice of intent to adopt a negative declaration or a mitigated negative dec-
laration, a notice of preparation of an EIR, or a notice of availability of
a draft EIR for such actions.
(A) a response action taken pursuant to Chapter 6.8 (commencing with
Section 25300) of Division 20 of the Health and Safety Code.
(B) a response action taken pursuant to Chapter 6.85 (commencing
with Section 25396) of Division 20 of the Health and Safety Code.
(C) a project undertaken at a site in response to a corrective action or-
der issued pursuant to Section 25187 of the Health and Safety Code.
The lead agency shall send the specified military contact office a no-
tice of intent or a notice of availability sufficiently prior to adoption or
certification of the environmental documents by the lead agency to allow
the mihtary service the review period provided under Section 15105.
(d) The effect or potential effect that a project may have on military
activities does not itself constitute an adverse effect on the environment
for the purposes of CEQA.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21098, Public Resources Code.
History
]. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
Article 12.5. Exempltions for Agricultural
Housing, Affordable Housing, and
Residential Infill Projects
§15191. Definitions.
For purposes of this Article 12.5 only, the following words shall have
the following meanings:
(a) "Agricultural employee" means a person engaged in agriculture,
including: farming in all its branches, and, among other things, includes:
(1) the cultivation and tillage of the soil, (2) dairying, (3) the production,
cultivation, growing, and harvesting of any agricultural or horticultural
commodities (including commodities defined as agricultural commodi-
ties in Section 1 141j(g) of Titie 1 2 of the United States Code), (4) the rais-
ing of livestock, bees, furbearing animals, or poultry, and (5) any practic-
es (including any forestry or lumbering operations) performed by a
farmer or on a farm as an incident to or in conjunction with such farming
operations, including preparation for market and delivery to storage or
to market or to carriers for transportation to market. This definition is
subject to the following limitations:
This definition shall not be construed to include any person other than
those employees excluded from the coverage of the National Labor Rela-
tions Act, as amended, as agricultural employees, pursuant to Section
2(3) of the Labor Management Relations Act (Section 152(3), Titie 29,
United States Code), and Section 3(f) of the Fair Labor Standards Act
(Section 203(f), Titie 29, United States Code).
This definition shall not apply, or be construed to apply, to any em-
ployee who performs work to be done at the site of the construction, alter-
ation, painting, or repair of a building, structure, or other work (as these
terms have been construed under Section 8(e) of the Labor Management
Relations Act, 29 U.S.C. Sec. 158(e)) or logging or timber-clearing op-
erations in initial preparation of land for farming, or who does land level-
ing or only land surveying for any of the above. As used in this definition,
"land leveling" shall include only major land moving operations chang-
ing the contour of the land, but shall not include annual or seasonal tillage
or preparation of land for cultivation.
(b) "Census-defined place" means a specific unincorporated land area
within boundaries determined by the United States Census Bureau in the
most recent decennial census.
(c) "Community-level environmental review" means either of the fol-
lowing:
(I) An EIR certified on any of the following:
(A) A general plan.
(B) A revision or update to the general plan that includes at least the
land use and circulation elements.
(C) An applicable community plan.
(D) An applicable specific plan.
Page 704.2
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15191
(E) A housing element of the general plan, if the environmental impact
report analyzed the environmental effects of the density of the proposed
project.
(2) A negative declaration or mitigated negative declaration adopted
as a subsequent environmental review document, following and based
upon an EIR on a general plan, an applicable community plan, or an ap-
plicable specific plan, provided that the subsequent environmental re-
view document is allowed by CEQA following a master EIR or a pro-
gram EIR, or is required pursuant to Section 21 166.
(d) "Developed open space" means land that meets all of the following
criteria:
(1) land that is publicly owned, or financed in whole or in part by pub-
lic funds,
(2) is generally open to, and available for use by, the public, and
(3) is predominantly lacking in structural development other than
strucmres associated with open spaces, including, but not limited to,
playgrounds, swimming pools, ball fields, enclosed child play areas, and
picnic facilities.
Developed open space may include land that has been designated for
acquisition by a public agency for developed open space but does not in-
clude lands acquired by public funds dedicated to the acquisition of land
for housing purposes.
(e) "Infill site" means a site in an urbanized area that meets one of the
following criteria:
(1) The site has been previously developed for qualified urban uses;
or
(2) The site has not been developed for qualified urban uses but all im-
mediately adjacent parcels are developed with existing qualified urban
uses; or
(3) The site has not been developed for qualified urban uses, no parcel
within the site has been created within the past 10 years, and the site is
situated so that:
(A) at least 75 percent of the perimeter of the site is adjacent to parcels
that are developed with existing qualified urban uses at the time the lead
agency receives an application for an approval; and
(B) the remaining 25 percent of the perimeter of the site adjoins parcels
that had been previously developed for qualified urban uses.
(f) "Low- and moderate-income households" means "persons and
families of low or moderate income" as defined in Section 50093 of the
Health and Safety Code to mean persons and families whose income does
not exceed 1 20 percent of area median income, adjusted for family size
by the Department of Housing and Community Development, in accor-
dance with adjustment factors adopted and amended from time to time
by the United States Department of Housing and Urban Development
pursuant to Section 8 of the United States Housing Act of 1937.
(g) "Low-income households" means households of persons and fam-
ilies of very low and low income, which are defined in Sections 50093
and 50105 of the Health and Safety Code as follows:
(1) "Persons and families of low income" or "persons of low income"
is defined in Section 50093 of the Health & Safety Code to mean persons
or families who are eligible for financial assistance specifically provided
by a governmental agency for the benefit of occupants of housing fi-
nanced pursuant to this division.
(2) "Very low income households" is defined in Section 50105 of the
Health & Safety Code to mean persons and families whose incomes do
not exceed the qualifying limits for very low income families as estab-
lished and amended from time to time pursuant to Section 8 of the United
States Housing Act of 1 937. "Very low income households" includes ex-
tremely low income households, as defined in Section 50106 of the
Health & Safety Code.
(h) "Lower income households" is defined in Section 50079.5 of the
Health and Safety Code to mean any of the following:
(1) "Lower income households," which means persons and families
whose income does not exceed the qualifying limits for lower income
families as established and amended from time to time pursuant to Sec-
tion 8 of the United States Housing Act of 1937.
(2) "Very low income households," which means persons and families
whose incomes do not exceed the qualifying limits for very low income
families as established and amended from time to time pursuant to Sec-
tion 8 of the United States Housing Act of 1937.
(3) "Extremely low income households," which means persons and
families whose incomes do not exceed the qualifying limits for extremely
low income families as established and amended from time to time by the
Secretary of Housing and Urban Development and defined in Section
5.603(b) of Title 24 of the Code of Federal Regulations.
(i) "Major transit stop" means a site containing an existing rail transit
station, a ferry terminal served by either a bus or rail transit service, or
the intersection of two or more major bus routes with a frequency of ser-
vice interval of 15 minutes or less during the morning and afternoon peak
commute periods.
(j) "Project-specific effect" means all the direct or indirect environ-
mental effects of a project other than cumulative effects and growth-
inducing effects.
(k) "Qualified urban use" means any residential, commercial, public
institutional, transit or transportadon passenger facility, or retail use, or
any combination of those uses.
(/) "Residential" means a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, ser-
vices, or retail uses that do not exceed 15 percent of the total floor area
of the project.
(m) "Urbanized area" means either of the following:
( 1 ) An incorporated city that either by itself or in combination with two
contiguous incorporated cities has a population of at least 100,000 per-
sons; or
(2) An unincorporated area that meets the requirements set forth in
subdivision (m){2)(A) and subdivision (m)(2)(B) below.
(A) The unincorporated area must meet one of the following locafion
or density requirements:
1. The unincorporated area must be: (i) completely surrounded by one
or more incorporated cities, (ii) have a population of at least 100,000 per-
sons either by itself or in combinaUon with the surrounding incorporated
city or cities, and (iii) have a population density that at least equals the
population density of the surrounding city or cities; or
2. The unincorporated area must be located within an urban growth
boundary and have an existing residential population of at least 5,000
persons per square mile. For purposes of this subparagraph, an "urban
growth boundary" means a provision of a locally adopted general plan
that allows urban uses on one side of the boundary and prohibits urban
uses on the other side.
(B) The board of supervisors with jurisdiction over the unincorporated
area must have taken the following steps:
1 . The board has prepared a draft document by which the board would
find that the general plan, zoning ordinance, and related policies and pro-
grams applicable to the unincorporated area are consistent with prin-
ciples that: (i) encourage compact development in a manner that pro-
motes efficient transportation systems, economic growth, affordable
housing, energy efficiency, and an appropriate balance of jobs and hous-
ing, and (ii) protects the environment, open space, and agricultural areas.
2. The board has submitted the draft document to OPR and allowed
OPR thirty days to submit comments on the draft findings to the board.
3. No eariier than thirty days after submitting the draft document to
OPR, the board has adopted a final finding in substantial conformity with
the draft finding described in the draft document referenced in subdivi-
sion (m)(2)(B)(l) above.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21159.20, 21159.21, 21159.22, 21159.23 and 21159.24, Public Resources
Code.
Page 704.3
Register 2007, No. 30; 7-27-2007
§ 15192
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New article 12.5 (sections 15191-15196) and section filed 7-27-2007; opera-
live 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register
2007, No. 30).
§ 1 51 92. Threshold Requirements for Exemptions for
Agricultural Housing, Affordable Housing, and
Residential Infill Projects.
In order to qualify for an exemption set forth in sections 15193, 15194
or 1 5 1 95, a housing project must meet all of the threshold criteria set forth
below.
(a) The project must be consistent with:
(1) Any applicable general plan, specific plan, or local coastal pro-
gram, including any mitigation ineasures required by such plan or pro-
gram, as that plan or program existed on the date that the application for
the project pursuant to Section 65943 of the Government Code was
deemed complete; and
(2) Any applicable zoning ordinance, as that zoning ordinance existed
on the date that the application for the project pursuant to Section 65943
of the Government Code was deemed complete, unless the zoning of
project property is inconsistent with the general plan because the project
property has not been rezoned to conform to the general plan.
(b) Community-level environmental review has been adopted or certi-
fied.
(c) The project and other projects approved prior to the approval of the
project can be adequately served by existing utilities, and the project ap-
plicant has paid, or has committed to pay, all applicable in-lieu or devel-
opment fees.
(d) The site of the project:
(1) Does not contain wetlands, as defined in Section 328.3 of Title 33
of the Code of Federal Regulations.
(2) Does not have any value as an ecological community upon which
wild animals, birds, plants, fish, amphibians, and invertebrates depend
for their conservation and protection.
(3) Does not harm any species protected by the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant
Protection Act (Chapter 10 (commencing with Section 1900) of Division
2 of the Fish and Game Code), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(4) Does not cause the destruction or removal of any species protected
by a local ordinance in effect at the time the application for the project
was deemed complete.
(e) The site of the project is not included on any list of facilities and
sites compiled pursuant to Section 65962.5 of the Government Code.
(f) The site of the project is subject to a preliminary endangerment as-
sessment prepared by a registered environmental assessor to determine
the existence of any release of a hazardous substance on the site and to
determine the potential for exposure of future occupants to significant
health hazards from any nearby property or activity. In addition, the fol-
lowing steps have been taken in response to the results of this assessment:
(1) If a release of a hazardous substance is found to exist on the site,
the release shall be removed, or any significant effects of the release shall
be mitigated to a level of insignificance in compliance with state and fed-
eral requirements.
(2) If a potential for exposure to significant hazards from surrounding
properties or activities is found to exist, the effects of the potential expo-
sure shall be mitigated to a level of insignificance in compliance with
state and federal requirements.
(g) The project does not have a significant effect on historical re-
sources pursuant to Section 21084.1 of the Public Resources Code.
(h) The project site is not subject to wildland fire hazard, as determined
by the Department of Forestry and Fire Protection, unless the applicable
general plan or zoning ordinance contains provisions to mitigate the risk
of a wildland fire hazard.
(i) The project site does not have an unusually high risk of fire or ex-
plosion from materials stored or used on nearby properties.
(j) The project site does not present a risk of a public health exposure
at a level that would exceed the standards established by any state or fed-
eral agency.
(k) Either the project site is not within a delineated earthquake fault
zone or a seismic hazard zone, as determined pursuant to Section 2622
and 2696 of the Public Resources Code respectively, or the applicable
general plan or zoning ordinance contains provisions to mitigate the risk
of an earthquake or seismic hazard.
(/) Either the project site does not present a landslide hazard, flood
plain, flood way, or restriction zone, or the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a landslide
or flood.
(m) The project site is not located on developed open space.
(n) The project site is not located within the boundaries of a state con-
servancy.
(0) The project has not been divided into smaller projects to qualify for
one or more of the exemptions set forth in sections 15193 to 15195.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21159.21 and 21 159.27, Pubhc Resources Code.
History
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
§ 15193. Agricultural Housing Exemption.
CEQA does not apply to any development project that meets the fol-
lowing criteria.
(a) The project meets the threshold criteria set forth in section 15 192.
(b) The project site meets the following size criteria:
(1) The project site is located in an area with a population density of
at least 1,000 persons per square mile and is two acres or less in area; or
(2) The project site is located in an area with a population density of
less than 1,000 persons per square mile and is five acres or less in area.
(c) The project meets the following requirements regarding location
and number of units.
(1) If the proposed development project is located on a project site
within city limits or in a census-defined place, it must meet the following
requirements:
(A) The proposed project location must be within one of the following:
1. Incorporated city limits; or
2. A census defined place with a minimum population density of at
least 5,000 persons per square mile; or
3. A census-defined place with a minimum population density of at
least 1,000 persons per square mile, unless a public agency that is carry-
ing out or approving the project determines that there is a reasonable pos-
sibility that the project, if completed, would have a significant effect on
the environment due to unusual circumstances or that the cumulative im-
pacts of successive projects of the same type in the same area, over time,
would be significant.
(B) The proposed development project must be located on a project
site that is adjacent, on at least two sides, to land that has been developed.
(C) The proposed development project must meet either of the follow-
ing requirements:
1 . Consist of not more than 45 units, or
2. Consist of housing for a total of 45 or fewer agricultural employees
if the housing consists of dormitories, barracks, or other group living fa-
cilifies.
(2) If the proposed development project is located on a project site
zoned for general agricultural use, it must meet either of the following
requirements:
(A) Consist of not more than 20 units, or
(B) Consist of housing for a total of 20 or fewer agricultural employees
if the housing consists of dormitories, barracks, or other group hving fa-
cihfies.
(d) The project meets the following requirements regarding provision
of housing for agricultural employees:
(1 ) The project must consist of the construction, conversion, or use of
residenUal housing for agricultural employees.
Page 704.4
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15195
(2) If the project lacks public financial assistance, then:
(A) The project must be affordable to lower income households; and
(B) The developer of the development project must provide sufficient
legal commitments to the appropriate local agency to ensure the contin-
ued availability and use of the housing units for lower income households
for a period of at least 15 years.
(3) If public financial assistance exists for the project, then:
(A) The project must be housing for very low, low-, or moderate-
income households; and
(B) The developer of the development project must provide sufficient
legal commitments to the appropriate local agency to ensure the contin-
ued availability and use of the housing units for low- and moderate-
income households for a period of at least 15 years.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 159.22, Public Resources Code.
History
] . New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(0 (Register 2007, No. 30).
§ 15194. Affordable Housing Exemption.
CEQA does not apply to any development project that meets the fol-
lowing criteria:
(a) The project meets the threshold criteria set forth in section 15192.
(b) The project meets the following size criteria: the project site is not
more than five acres in area.
(c) The project meets both of the following requirements regarding
location:
(1) The project meets one of the following location requirements relat-
ing to population density:
(A) The project site is located within an urbanized area or within a cen-
sus-defined place with a population density of at least 5,000 persons per
square mile.
(B) If the project consists of 50 or fewer units, the project site is located
within an incorporated city with a population density of at least 2,500 per-
sons per square mile and a total population of at least 25,000 persons.
(C) The project is located within either an incorporated city or a census
defined place with a population density of at least 1,000 persons per
square mile and there is no reasonable possibility that the project would
have a significant effect on the environment or the residents of the project
due to unusual circumstances or due to the related or cumulative impacts
of reasonably foreseeable projects in the vicinity of the project.
(2) The project meets one of the following site-specific location re-
quirements:
(A) The project site has been previously developed for qualified urban
uses; or
(B) The parcels immediately adjacent to the project site are developed
with qualified urban uses.
(C) The project site has not been developed for urban uses and all of
the following conditions are met:
1. No parcel within the site has been created within 10 years prior to
the proposed development of the site.
2. At least 75 percent of the perimeter of the site adjoins parcels that
are developed with qualified urban uses.
3. The existing remaining 25 percent of the perimeter of the site ad-
joins parcels that have previously been developed for qualified urban
uses.
(d) The project meets both of the following requirements regarding
provision of affordable housing.
(1) The project consists of the construction, conversion, or use of resi-
dential housing consisting of 100 or fewer units that are affordable to
low-income households.
(2) The developer of the project provides sufficient legal commit-
ments to the appropriate local agency to ensure the continued availability
and use of the housing units for lower income households for a period of
at least 30 years, at monthly housing costs deemed to be "affordable rent"
for lower income, very low income, and extremely low income house-
holds, as determined pursuant to Section 50053 of the Health and Safety
Code.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 159.23, Public Resources Code.
History
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
§ 15195. Residential Infill Exemption.
(a) Except as set forth in subdivision (b), CEQA does not apply to any
development project that meets the following criteria:
(1) The project meets the threshold criteria set forth in section 15192;
provided that with respect to the requirement in section 15192(b) regard-
ing community-level environmental review, such review must be certi-
fied or adopted within five years of the date that the lead agency deems
the application for the project to be complete pursuant to Section 65943
of the Government Code.
(2) The project meets both of the following size criteria:
(A) The site of the project is not more than four acres in total area.
(B) The project does not include any single level building that exceeds
100,000 square feet.
(3) The project meets both of the following requirements regarding
location:
(A) The project is a residential project on an infill site.
(B) The project is within one-half mile of a major transit stop.
(4) The project meets both of the following requirements regarding
number of units:
(A) The project does not contain more than 100 residential units.
(B) The project promotes higher density infill housing. The lead
agency may establish its own criteria for determining whether the project
promotes higher density infill housing except in either of the following
two circumstances:
1. A project with a density of at least 20 units per acre is conclusively
presumed to promote higher density infill housing.
2. A project with a density of at least 10 units per acre and a density
greater than the average density of the residential properties within 1 ,500
feet shall be presumed to promote higher density infill housing unless the
preponderance of the evidence demonstrates otherwise.
(5) The project meets the following requirements regarding availabil-
ity of affordable housing: The project would result in housing units being
made available to moderate, low or very low income families as set forth
in either A or B below:
(A) The project meets one of the following criteria, and the project de-
veloper provides sufficient legal commitments to the appropriate local
agency to ensure the continued availability and use of the housing units
as set forth below at monthly housing costs determined pursuant to para-
graph (3) of subdivision (h) of Section 65589.5 of the Government Code.
1 . At least 10 percent of the housing is sold to families of moderate in-
come, or
2. Not less than 10 percent of the housing is rented to families of low
income, or
3. Not less than 5 percent of the housing is rented to families of very
low income.
(B) If the project does not result in housing units being available as set
forth in subdivision (A) above, then the project developer has paid or will
pay in-lieu fees pursuant to a local ordinance in an amount sufficient to
result in the development of an equivalent number of units that would
otherwise be required pursuant to subparagraph (A).
(b) A project that otherwise meets the criteria set forth in subdivision
(a) is not exempt from CEQA if any of the following occur:
(1) There is a reasonable possibility that the project will have a proj-
ect-specific, significant effect on the environment due to unusual cir-
cumstances.
(2) Substantial changes with respect to the circumstances under which
the project is being undertaken that are related to the project have oc-
curred since community-level environmental review was certified or
adopted.
Page 704.5
Register 2007, No. 30; 7-27-2007
§ 15196
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(3) New information becomes available regarding the circumstances
under which the project is being undertaken and that is related to the proj-
ect that was not known, and could not have been known at the time that
community-level environmental review was certified or adopted.
If a project is not exempt from CEQA due to subdivision (b), the analy-
sis of the environmental effects of the project covered in the EIR or the
negative declaration shall be limited to an analysis of the project-specific
effect of the projects and any effects identified pursuant to subdivisions
(b)(2) and (3). '
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 211 39.24, Public Resources Code.
History
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
§ 15196. Notice of Exemption for Agricultural Housing,
Affordable Housing, and Residential Infill
Projects.
(a) When a local agency determines that a project is not subject to
CEQA under Section 15193, 15194, or 15195, and it approves or deter-
mines to carry out that project, the local agency or person seeking project
approval shall file the notice required by Section 21152.1 of the Public
Resources Code, pursuant to Section 15062.
(b) Failure to file the notice required by this section does not affect the
validity of a project.
(c) Nothing in this section affects the time limitations contained in
Section 21 167.
NOTE: Authority cited: Section 21083, Pubhc Resources Code. Reference:
21152.1, Public Resources Code.
History
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Re-
sources Code section 21083(f) (Register 2007, No. 30).
Article 13. Review and Evaluation of EIRs
and Negative Declarations
§15200. Purposes of Review.
The purposes of review of EIRs and negative declarations include:
(a) Sharing expertise,
(b) Disclosing agency analyses,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21000, 21108 and 21152, Public Resources Code; Environmental Defense
Fund V. Coastside County Water District (1972) 27 Cal. App. 3d 695; County of
Inyo V. City of Los Angeles (1977) 71 Cal. App. 3d 185.
History
1. New Article 13 (Sections 15201-15203) filed 2-2-78; effective thirtieth day
thereafter (Register 78, No. 5).
2. Repealer of Article 13 (Sections 15201-15203) and new Article 13 (Sections
15200-15209) filed 7-13-83; effective thirtieth day thereafter (Register 83,
No. 29).
3. Editorial coirection of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio^n 100, title 1, California Code ot'Regulafions (Register 2005, No. 40).
§15201. Public Participation.
Public participation is an essential part of the CEQA process. Each
public agency should include provisions in its CEQA procedures for
wide public involvement, formal and informal, consistent with its exist-
ing activities and procedures, in order to receive and evaluate public reac-
tions to environmental issues related to the agency' s activities. Such pro-
cedures should include, whenever possible, making environmental
information available in electronic format on the Internet, on a web site
maintained or utilized by the public agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21082, 21108 and 21152, Public Resources Code; Environmental
Defense Fund v. Coastside County Water District (1972) 27 Cal. App. 3d 695;
People V. County of Kern (1974) 39 Cal. App. 3d 830; Coun^' oflnvo v. Citv of
Los Angeles (1977) 71 Cal. App. 3d 185.
History
l.Ainendment filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title K California Code of Regulations (Register 2005, No. 40).
§15202. Public Hearings.
(a) CEQA does not require formal hearings at any stage of the environ-
mental review process. Public comments may be restricted to written
communications.
(b) If an agency provides a public hearing on its decision to carry out
or approve a project, the agency should include environmental review as
one of the subjects for the hearing.
(c) A public hearing on the environmental impact of a project should
usually be held when the lead agency determines it would facilitate the
purposes and goals of CEQA to do so. The hearing may be held in con-
junction with and as a part of normal planning activities.
(d) A draft EIR or negative declaration should be used as a basis for
discussion at a public hearing. The hearing may be held at a place where
public hearings are regularly conducted by the lead agency or at another
location expected to be convenient to the public.
(e) Notice of all public hearings shall be given in a timely manner. This
notice may be given in the same form and time as notice for other regular-
ly conducted public hearings of the public agency. To the extent that the
public agency maintains an Internet web site, notice of all public hearings
should be made available in electronic format on that site.
(f) A public agency may include, in its implementing procedures, pro-
cedures for the conducting of pubhc hearings pursuant to this section.
[The next page is 705.]
Page 704.6
Register 2007, No. 30; 7-27-2007
Title 14
Resources Agency
§ 15205
Tlie procedures may adopt existing notice and hearing requirements of
the pubhc agency for regularly conducted legislative, planning, and other
activities.
(g) Tliere is no requirement for a public agency to conduct a public
hearing in connection with its review of an EIR prepared by another pub-
lic agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000, 21082, 21108 and 21 152, Public Resources Code; Concerned Citi-
7.eiis of Palm Desert, Inc. v. Board of Supervisors (1974) 38 Cal. App. 3d 272.
History
1. Amendment of subsection (e) filed 10-26-98; operative 10-26-98 pursuant to
Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, CaJifomia Code of Regulations (Register 2005, No. 40).
§ 1 5203. Adequate Time for Review and Comment.
The lead agency shall provide adequate time for other public agencies
and members of the public to review and comment on a draft EIR or nega-
tive declaration that it has prepared.
(a) Public agencies may establish time periods for review in their im-
plementing procedures and shall notify the public and reviewing agen-
cies of the time for receipt of comments on EIRs. These time periods shall
be consistent with applicable statutes, the State CEQA Guidelines, and
applicable clearinghouse review periods.
(b) A review period for an EIR does not require a halt in other planning
or evaluation activities related to a project. Planning should continue in
conjunction with environmental evaluation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21082, 21108 and 21152, Public Resources Code. Formerly Sections
15160(a) and (e).
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15204. Focus of Review.
(a) In reviewing draft EIRs, persons and public agencies should focus
on the sufficiency of the document in identifying and analyzing the possi-
ble impacts on the environment and ways in which the significant effects
of the project might be avoided or mitigated. Comments are most helpful
when they suggest additional specific alternatives or mitigation mea-
sures that would provide better ways to avoid or mitigate the significant
environmental effects. At the same time, reviewers should be aware that
the adequacy of an EIR is determined in terms of what is reasonably feasi-
ble, in light of factors such as the magnitude of the project at issue, the
severity of its likely environmental impacts, and the geographic scope of
the project. CEQA does not require a lead agency to conduct every test
or perform ail research, study, and experimentation recommended or de-
manded by commentors. When responding to comments, lead agencies
need only respond to significant environmental issues and do not need to
provide all information requested by reviewers, as long as a good faith
effort at full disclosure is made in the EIR.
(b) In reviewing negafive declarations, persons and public agencies
should focus on the proposed finding that the project will not have a sig-
nificant effect on the environment. If persons and public agencies believe
that the project may have a significant effect, they should:
(1) Identify the specfic effect,
(2) Explain why they believe the effect would occur, and
(3) Explain why they believe the effect would be significant.
(c) Reviewers should explain the basis for their comments, and should
submit data or references offering facts, reasonable assumptions based
on facts, or expert opinion supported by facts in support of the comments.
Pursuant to Secfion 15064, an effect shall not be considered significant
in the absence of substantial evidence.
(d) Reviewing agencies or organizations should include with their
comments the name of a contact person who would be available for later
consultation if necessary. Each responsible agency and trustee agency
shall focus its comments on environmental informaUon germane to that
agency's statutory responsibility.
(e) This section shall not be used to restrict the ability of reviewers to
comment on the general adequacy of a document or of the lead agency
to reject comments not focused as recommended by this section.
(f) Prior to the close of the public review period for an EIR or mifigated
negative declaraUon, a responsible or trustee agency which has identified
significant effects on the environment may submit to the lead agency pro-
posed mitigation measures which would address those significant ef-
fects. Any such measures shall be limited to impacts affecting those re-
sources which are subject to the statutory authority of that agency. If
mitigation measures are submitted, the responsible or trustee agency
shall either submit to the lead agency complete and detailed performance
objectives for the mitigation measures, or shall refer the lead agency to
appropriate, readily available guidelines or reference documents which
meet the same purpose.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080, 21081.6, 21080.4, 21 104 and 21 153, Public Resources Code, For-
merly Section 15161; San Joaquin Raptor/Wildlife Rescue Center v. County of
Stanislaus (1996) 42 Cal.App.4th 608; and Leonoffv. Monterey County Board of
Supervisors (\990) 222 Ca\.App3dU31.
History
1. Amendment of section and NOTE filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 1O-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15205. Review by State Agencies.
(a) Draft EIRs and negative declarations to be reviewed by state agen-
cies shall be submitted to the State Clearinghouse, 1400 Tenth Street,
Sacramento, California 95814. For U.S. Mail, submit to P.O. Box 3044,
Sacramento, California 95812-3044. When submitting such documents
to the State Clearinghouse, the public agency shall include, in addition
to the printed copy, a copy of the document in electronic form on a dis-
kette or by electronic mail transmission, if available.
(b) The following environmental documents shall be submitted to the
State Clearinghouse for review by state agencies:
(1) Draft EIRs and negative declarations prepared by a state agency
where such agency is a lead agency.
(2) Draft EIRs and negative declarations prepared by a public agency
where a state agency is a responsible agency, trustee agency, or otherwise
has jurisdicfion by law with respect to the project.
(3) Draft EIRs and negative declarafions on projects identified in Sec-
tion 15206 as being of statewide, regional, or areawide significance.
(4) Draft EIRs, environmental assessments, and findings of no signifi-
cant impact prepared pursuant to NEPA, the Federal Guidelines (Title 40
CFR, Part 1500, commencing with Section 1500.1).
(c) Public agencies may send environmental documents to the State
Clearinghouse for review where a state agency has special expertise with
regard to the environmental impacts involved. The areas of statutory au-
thorities of state agencies are identified in Appendix B. Any such envi-
ronmental documents submitted to the State Clearinghouse shall include,
in addifion to the printed copy, a copy of the document in electronic for-
mat, on a diskette or by electronic mail transmission, if available.
(d) When an EIR or negative declaration is submitted to the State
Clearinghouse for review, the review period set by the lead agency shall
be at least as long as the period provided in the state review system oper-
ated by the State Clearinghouse. In the state review system, the normal
review period is 45 days for EIRs and 30 days for negative declarations.
In excepfional circumstances, the State Clearinghouse may set shorter re-
view periods when requested by the lead agency.
(e) A sufficient number of copies of an EIR, negative declaration, or
mitigated negative declaration, shall be submitted to the State Clearing-
house for review and comment by state agencies. The notice of comple-
tion form required by the State Clearinghouse must be submitted together
with the copies of the EIR and may be submitted together with the copies
of the negative declarafion or mitigated negative declaration. The nofice
of completion form required by the State Clearinghouse is included in
Appendix C. If the lead agency uses the on-line process for submittal of
the notice of completion form to the State Clearinghouse, the form gener-
Page 705
Register 2005, No. 40; 10-7-2005
§ 15206
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ated from the Internet shall satisfy this requirement (refer to www.ceqa-
net.ca.gov).
(f) While the lead agency is encouraged to contact the regional and dis-
trict offices of state responsible agencies, the lead agency must, in all
cases, submit documents to the State Clearinghouse for distribution in or-
der to comply with the review requirements of this section.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083, 21091, 21 104 and 21 153, Public Resources Code.
History
1. Amendment of subsections (a) and (c) filed 10-26-98; operative 10-26-98 pur-
suant to Public Resources Code section 21087 (Register 98. No. 44).
2. Change without regulatory effect amending subsection (a) and Note filed
2-1-2001 pursuant to section 100, title 1, California Code of Reeulations (Reg-
ister 2001, No. .5).
3. Amendment of subsection (e) and amendment of Note tiled 9-7-2004; opera-
tive 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register
2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15206. Projects of Statewide, Regional, or Areawide
Significance.
(a) Projects meeting the criteria in this section shall be deemed to be
of statewide, regional, or areawide significance.
( 1 ) A draft EIR or negative declaration prepared by any public agency
on a project described in this section shall be submitted to the State Clear-
inghouse and should be submitted also to the appropriate metropolitan
area council of governments for review and comment. The notice of
completion form required by the State Clearinghouse must be submitted
together with the copies of the EIR and may be submitted together with
the copies of the negative declaration. The notice of completion form re-
quired by the State Clearinghouse is included in Appendix C. If the lead
agency uses the on-line process for submittal of the notice of completion
form to the State Clearinghouse, the form generated from the Internet
shall satisfy this requirement (refer to www.ceqanet.ca.gov).
(2) When such documents are submitted to the State Clearinghouse,
the public agency shall include, in addition to the printed copy, a copy of
the document in electronic format on a diskette or by electronic mail
transmission, if available.
(b) The lead agency shall determine that a proposed project is of state-
wide, regional, or areawide significance if the project meets any of the
following criteria:
(1) A proposed local general plan, element, or amendment thereof for
which an EIR was prepared. If a negative declaration was prepared for
the plan, element, or amendment, the document need not be submitted for
review.
(2) A project has the potential for causing significant effects on the en-
vironment extending beyond the city or county in which the project
would be located. Examples of the effects include generating significant
amounts of traffic or interfering with the attainment or maintenance of
state or national air quality standards. Projects subject to this subdivision
include:
(A) A proposed residential development of more than 500 dwelling
units.
(B) A proposed shopping center or business establishment employing
more than 1 ,000 persons or encompassing more than 500,000 square feet
of floor space.
(C) A proposed commercial office building employing more than
1,000 persons or encompassing more than 250,000 square feet of floor
space.
(D) A proposed hotel/motel development of more than 500 rooms.
(E) A proposed industrial, manufacturing, or processing plant, or in-
dustrial park planned to house more than 1,000 persons, occupying more
than 40 acres of land, or encompassing more than 650,000 square feet of
floor area.
(3) A project which would result in the cancellation of an open space
contract made pursuant to the California Land Conservation Act of 1965
(Williamson Act) for any parcel of 100 or more acres.
(4) A project for which an EIR and not a negative declaration was pre-
pared which would be located in and would substantially impact the fol-
lowing areas of critical environmental sensitivity:
(A) The Lake Tahoe Basin.
(B) The Santa Monica Mountains Zone as defined by Section 33105
of the Public Resources Code.
(C) The California Coastal Zone as defined in, and mapped pursuant
to. Section 30103 of the Public Resources Code.
(D) An area within 1/4 mile of a wild and scenic river as defined by
Section 5093.5 of the Public Resources Code.
(E) The Sacramento-San Joaquin Delta, as defined in Water Code
Section 12220.
(F) The Suisun Marsh as defined in Public Resources Code Section
29101.
(G) The jurisdiction of the San Francisco Bay Conservation and De-
velopment Commission as defined in Government Code Section 66610.
(5) A project which would substantially affect sensitive wildlife habi-
tats including but not limited to riparian lands, wetlands, bays, estuaries,
marshes, and habitats for endangered, rare and threatened species as de-
fined by Section 15380 of this Chapter.
(6) A project which would interfere with attainment of regional water
quality standards as stated in the approved areawide waste treatment
management plan.
(7) A project which would provide housing, jobs, or occupancy for 500
or more people within 10 miles of a nuclear power plant.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference. Sec-
tion 21083, Public Resources Code.
History
1. Amendment of subsection (b)(5) filed 5-27-97; operative 5-27-97 pursuant to
Government Code secdon 11 343.4(d) (Register 97, No. 22).
2. New subsection (a)(1) designator and new subsection (a)(2) filed 10-26-98; op-
erative 10-26-98 pursuant to Public Resources Code section 21087 (Register
98, No. 44).
3. Change without regulatory effect amending subsection (b)(4)(B) filed
2-1-2001 pursuant to section 1 00, title 1 , California Code of Regulations (Reg-
ister 2001, No. 5).
4. Amendment of subsection (a)(1) and amendment of Note filed 9-7-2004; op-
eradve 9-7-2004 pursuant to Public Resources Code section 21083(e) (Regis-
ter 2004, No. 37).
5. Change without regulatory effect amending subsection (b)(2) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§15207. Failure to Comment.
If any public agency or person who is consulted with regard to an EIR
or negative declaration fails to comment within a reasonable time as spe-
cified by the lead agency, it shall be assumed, absent a request for a spe-
cific extension of time, that such agency or person has no comment to
make. Although the lead agency need not respond to late comments, the
lead agency may choose to respond to them.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
dons 21104 and 21153, Public Resources Code; Cleary v. County of Stanislaus
(1981) 118 Cal. App. 3d 348. Formerly Section 15162.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, dtle 1, California Code of Regulations (Register 2005, No. 40).
§ 15208. Retention and Availability of Comments.
Comments received through the consultation process shall be retained
for a reasonable period and available for public inspection at an address
given in the final EIR. Comments which may be received on a draft EIR
or negative declaration under preparation shall also be considered and
kept on file.
Note: Authority cited: Secdon 21083, Public Resources Code. Reference: Sec-
tions 21104, 21082.1 and 21153, Public Resources Code; Secdon 4, Chapter 480,
Statutes of \9'&\\ People v. County of Kern (1974) 39 Cal. App. 3d 830.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secdon 100, dtle 1, California Code of Regulations (Register 2005, No. 40).
§ 15209. Comments on Initiative of Public Agencies.
Every pubUc agency may comment on environmental documents
dealing with projects which affect resources with which the agency has
Page 706
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15226
•
special expertise regardless of whether its comments were solicited or
whether the effects fall within the legal jurisdiction of the agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21 104 and 211 53, Public Resources Code.
History
1 . Change without regulatory effect amending NOTi; filed 10-6-2005 pursuant to
section 1 00, title 1 , Califomia Code of Regulations (Register 2005, No. 40).
•
Article 14. Projects Also Subject to the
National Environmental Policy Act (NEPA)
§15220. General.
Tliis article applies to projects that are subject to both CEQA and
NEPA. NEPA applies to projects which are carried out, financed, or ap-
proved in whole or in part by federal agencies. Accordingly, this article
applies to projects which involve one or more state or local agencies and
one or more federal agencies.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5, 21083.6 and 21083.7, Public Resources Code; National Environ-
mental Policy Act of 1969, Public Law 91-190 as amended, 42 U.S.C.A.
4321-4347; NEPA Regulations, 40 Code of Federal Regulations (C.F.R.) Parts
1500-1508.
History
1 . New Article 14 (Sections 15220-15228) filed 7-13-83; effective thirtieth day
thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15221 . NEPA Document Ready Before CEQA Document.
(a) When a project will require compliance with both CEQA and
NEPA, state or local agencies should use the EIS or finding of no signifi-
cant impact rather than preparing an EIR or negative declaration if the
following two conditions occur:
(1) An EIS or finding of no significant impact will be prepared before
an EIR or negative declaration would otherwise be completed for the
project; and
(2) The EIS or finding of no significant impact complies with the pro-
visions of these guidelines.
(b) Because NEPA does not require separate discussion of mitigation
measures or growth inducing impacts, these points of analysis will need
to be added, supplemented, or identified before the EIS can be used as an
EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21083.7, Public Resources Code; Section 102(2)(C) of NEPA,
43 U.S.C.A. 4322(2)(C).
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15222. Preparation of Joint Documents.
If a lead agency finds that an EIS or finding of no significant impact
for a project would not be prepared by the federal agency by the time
when the lead agency will need to consider an EIR or negative declara-
tion, the lead agency should try to prepare a combined EIR-EIS or nega-
tive declaration-finding of no significant impact. To avoid the need for
the federal agency to prepare a separate document for the same project,
the lead agency must involve the federal agency in the preparation of the
joint document. This involvement is necessary because federal law gen-
erally prohibits a federal agency from using an EIR prepared by a state
agency unless the federal agency was involved in the preparation of the
document.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21083.7, Public Resources Code; Section 102(2)(D) of NEPA,
43 U.S.C.A. 4322 (2)(D); 40 C.F.R. Part 1506.2.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15223. Consultation with Federal Agencies.
When it plans to use an EIS or finding of no significant impact or to
prepare such a document jointly with a federal agency, the lead agency
shall consult as soon as possible with the federal agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21083.7, Pubhc Resources Code,
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§15224. Time Limits.
Where a project will be subject to both CEQA and the National Envi-
ronmental Pohcy Act, the one year time hmit and the J 05 day time limit
may be waived pursuant to Section 15110.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083.6, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 100, fitle 1, Califomia Code of Regulations (Register 2005, No. 40).
§15225. Circulation of Documents.
(a) Where the federal agency circulated the EIS or finding of no signif-
icant impact for public review as broadly as state or local law may require
and gave notice meeting the standards in Section 15072(a) or 15087(a),
the lead agency under CEQA may use the federal document in the place
of an EIR or negative declaration without recirculating the federal docu-
ment for public review. One review and comment period is enough. Prior
to using the federal document in this situation, the lead agency shall give
notice that it will use the federal document in the place of an EIR or nega-
tive declaration and that it believes that the federal document meets the
requirements of CEQA. The notice shall be given in the same manner as
a notice of the pubhc availability of a draft EIR under Section 15087.
(b) If an EIS has been prepared and filed pursuant to NEPA on the clo-
sure and reuse of a mihtary base and the Lead Agency decides that the
EIS does not fully meet the requirements of CEQA or has not been circu-
lated for public review as state and local law may require, the Lead
Agency responsible for preparation of an EIR for a reuse plan for the
same base may proceed in the following manner:
(1) Prepare and circulate a notice of preparafion pursuant to Section
15082. The notice shall include a description of the reuse plan, a copy of
the EIS, an address to which to send comments, and the deadline for sub-
mitting comments. The notice shall state that the lead agency intends to
utilize the EIS as a draft EIR and requests comments on whether the EIS
provides adequate information to serve as a draft EIR and what specific
additional information, if any, is necessary.
(2) Upon the close of the comment period, the lead agency may pro-
ceed with preparafion and circulation for comment of the draft EIR for
the reuse plan. To the greatest extent feasible, the lead agency shall avoid
duplicafion and utilize the EIS or informafion in the EIS as all or part of
the draft EIR. The EIR shall be completed in compliance with the provi-
sions of CEQA.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21092, Public Resources Code.
History
1 . New subsection (a) designator, new subsections (b)-(b)(2), and amendment of
Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section
11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15226. Joint Activities.
State and local agencies should cooperate with federal agencies to the
fullest extent possible to reduce duplication between the Califomia Envi-
ronmental Quafity Act and the Nafional Environmental Policy Act. Such
cooperafion should, to the fullest extent possible, include:
(a) Joint planning processes,
(b) Joint environmental research and shidies,
(c) Joint public hearings,
(d) Joint environmental documents.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5 and 21083.7, Public Resources Code; 40 C.F.R. Part 1506.2.
Page 707
Register 2005, No. 40; 10-7-2005
§ 15227
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Change without regulatory effect amending NotF; filed 10-6-2005 pursuant to
section 1 00, title 1 . California Code of Regulations (Register 2005, No. 40).
§ 15227. State Comments on a Federal Project.
When a state agency officially comments on a proposed federal project
which may have a significant effect on the environment, the comments
shall include or reference a discussion of the material specified in Section
15126. An EIS on the federal project may be referenced to meet the re-
quirements of this section.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 101, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title iT California Code of Regulations (Register 2005, No. 40).
§ 15228. Where Federal Agency Will Not Cooperate.
Where a federal agency will not cooperate in the preparation of joint
document and will require separate NEPA compliance for the project at
a later time, the state or local agency should persist in efforts to cooperate
with the federal agency. Because NEPA expressly allows federal agen-
cies to use environmental documents prepared by an agency of statewide
jurisdiction, a local agency should try to involve a state agency in helping
prepare an EIR or negative declaration for the project. In this way there
will be a greater chance that the federal agency may later use the CEQA
document and not require the applicant to pay for preparation of a second
document to meet NEPA requirements at a later time.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083.5, Public Resources Code; Section 102(2)(D) of NEPA, 42 U.S.C.A.
4322(2)(D).
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15229. Baseline Analysis for Military Base Reuse Plan
EIRs.
When preparing and certifying an EIR for a plan for the reuse of a mili-
tary base, including when utilizing an Environmental Impact Statement
pursuant to Section 21083.5 of the Public Resources Code, the determi-
nation of whether the reuse plan may have a significant effect on the envi-
ronment may, at the discretion of the lead agency, be based upon the
physical conditions which were present at the time that the federal deci-
sion for the closure or realignment of the base or reservation became fi-
nal. These conditions shall be referred to as the "baseline physical condi-
tions." Impacts which do not exceed the baseline physical conditions
shall not be considered significant.
(a) Prior to circulating a draft EIR pursuant to the provisions of this
Section, the lead agency shall do all of the following, in order:
(1) Prepare proposed baseline physical conditions, identify pertinent
responsible and trustee agencies and consult with those agencies prior to
the public hearing required by subdivision (a)(2) as to the application of
their regulatory authority and permitting standards to the proposed base-
line physical conditions, the proposed reuse plan, and specific, planned
future nonmilitary land uses of the base or reservation. The affected
agencies shall have not less than 30 days prior to the public hearing to re-
view the proposed baseline physical conditions and the proposed reuse
plan and to submit their comments to the lead agency.
(2) Hold a public hearing at which is discussed the federal EIS pre-
pared for, or being prepared for, the closure or realignment of the military
base or reservation. The discussion shall include the significant effects
on the environment, if any, examined in the EIS, potential methods of
mitigating those effects, including feasible alternatives, and the mitiga-
tive effects of federal, state, and local laws apphcable to future nonmih-
tary activities. Prior to the close of the hearing, the lead agency shall spec-
ify whether it will adopt any of the baseline physical conditions for the
reuse plan EIR and identify those conditions. The lead agency shall spec-
ify particular baseline physical conditions, if any, which it will examine
in greater detail than they were examined in the EIS . Notice of the hearing
shall be given pursuant to Section 15087. The hearing may be continued
from time to time.
(3) Prior to the close of the hearing, the lead agency shall do all of the
following:
(A) Specify the baseline physical conditions which it intends to adopt
for the reuse plan EIR, and specify particular physical conditions, if any,
which it will examine in greater detail than were examined in the EIS.
(B) State specifically how it intends to integrate its discussion of the
baseline physical condiUons in the EIR with the reuse planning process,
taking into account the adopted environmental standards of the commu-
nity, including but not limited to, the adopted general plan, specific plan
or redevelopment plan, and including other applicable provisions of
adopted congestion management plans, habitat conservadon or natural
communiues conservadon plans, air quality management plans, inte-
grated waste management plans, and county hazardous waste manage-
ment plans.
(C) State the specific economic or social reasons, including but not
limited to, new job creation, opportunities for employment of skilled
workers, availability of low and moderate-income housing, and eco-
nomic condnuity which support selection of the baseline physical condi-
dons.
(b) An EIR prepared under this section should identify any adopted
baseline physical conditions in the environmental setting secdon. The
baseline physical condidons should be cited in discussions of effects. The
no-project alternative analyzed in an EIR prepared under this secdon
shall discuss the condidons on the base as they exist at the time of prepa-
ration, as well as what could be reasonably expected to occur in the fore-
seeable future if the reuse plan were not approved, based on current plans
and consistent with available infrastructure and services.
(c) All public and private activides taken pursuant to or in furtherance
of a reuse plan for which an EIR was prepared and cerdfied pursuant to
this secdon shall be deemed to be a single project. A subsequent or
supplemental EIR shall be required only if the lead agency determines
that any of the circumstances described in Section 15162 or 15163 exist.
(d) Limitations:
(1) Nothing in this secdon shall in any way limit the scope of review
or determination of significance of the presence of hazardous or toxic
wastes, substances, and materials, including but not limited to, contami-
nated soils and groundwater. The reguladon of hazardous or toxic
wastes, substances, and materials shall not be constrained by this section.
(2) This secdon does not apply to hazardous waste reguladon and re-
mediadon projects undertaken pursuant to Chapter 6.5 (commencing
with Secdon 25100) or Chapter 6.8 (commencing with Secdon 25300)
of Division 20 of the Health and Safety Code or pursuant to the Porter-
Cologne Water Quality Control Act (Water Code Secdon 13000, et seq.)
(3) All subsequent development at the military base or reservadon
shall be subject to all applicable federal, state, or local laws, including but
not limited to, those relating to air quality, water quality, traffic, threat-
ened and endangered species, noise, and hazardous or toxic wastes, sub-
stances, or materials.
(e) "Reuse plan" means the initial plan for the reuse of military base
adopted by a local government, including a redevelopment agency or
joint powers authority, in the form of a general plan, general plan amend-
ment, specific plan, redevelopment plan, or other planning document.
For purposes of this section, a reuse plan also shall include a statement
of development policies, a diagram or diagrams illustradng its provi-
sions, including a designation of the proposed general distribution, loca-
tion, and development intensity for housing, business, industry, open
space, recreation, natural resources, public buildings and grounds, roads,
and other transportation facilities, infrastructure, and other categories of
proposed uses, whether public or private.
(f) This secdon may be applied to any reuse plan EIR for which a notice
of preparation is issued within one year from the date that the federal re-
cord of decision was rendered for the military base or reservation closure
or realignment and reuse, or prior to January 1, 1997, whichever is later,
but only if the EIR is completed and certified within five years from the
date that the federal record of decision was rendered.
•
Page 708
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15251
•
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083.8.1. Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Govemment Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending first paragraph and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
Article 15. Litigation
§ 15230. Time Limits and Criteria.
Litigation under CEQA must be handled under the time limits and cri-
teria described in Sections 21 167 et seq. of the Public Resources Code
and Section 151 12 of these guidelines in addition to provisions in this ar-
ticle.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 167 et seq., Public Resources Code.
History
1. New Article 15 (Sections 15230-15233) filed 7-13-83; effective thirtieth day
thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignadng effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15231 . Adequacy of EIR or Negative Declaration for Use
by Lead and Responsible Agencies.
A final EIR prepared by a lead agency or a negative declaration
adopted by a lead agency shall be conclusively presumed to comply with
CEQA for purposes of use by responsible agencies which were consulted
pursuant to Sections 15072 or 15082 unless one of the following condi-
tions occurs:
(a) The EIR or negative declaration is finally adjudged in a legal pro-
ceeding not to comply with the requirements of CEQA, or
(b) A subsequent EIR is made necessary by Section 15162 of these
guidelines.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.1, 21 166, 21167.2 and 21167.3, Public Resources Code.
History
1. Amendment of section heading filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code secdon 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15232. Request for Hearing.
In a writ of mandate proceeding challenging approval of a project un-
der CEQA, the petitioner shall, within 90 days of filing the petition, re-
quest a hearing or otherwise be subject to dismissal on the court's own
motion or on the motion of any party to the suit.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 167.4, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15233. Conditional Permits.
If a lawsuit is filed challenging an EIR or negative declaration for non-
compliance with CEQA, responsible agencies shall act as if the EIR or
negative declaration complies with CEQA and continue to process the
application for the project according to the time limits for responsible
agency action contained in Govemment Code Section 65952.
(a) If an injunction or a stay has been granted in the lawsuit prohibiting
the project from being carried out, the responsible agency shall have au-
thority only to disapprove the project or to grant a conditional approval
of the project. A conditional approval shall constitute permission to pro-
ceed with a project only when the court action results in a final determina-
tion that the EIR or negative declaration does comply with the provisions
of CEQA (Pubhc Resources Code Section 21167. 3a).
(b) If no injunction or stay is granted in the lawsuit, the responsible
agency shall assume that the EIR or negative declaration fully meets the
requirements of CEQA. The responsible agency shall approve or disap-
prove the project within the time limits described in Article 8, commenc-
ing with Section 15100, of these guidelines and described in Government
Code Section 65952. An approval granted by a responsible agency in this
situation provides only pennission to proceed with the project at the
applicant's risk prior to a final decision in the lawsuit (Public Resources
Code Section 21167.3b).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
don 21167.3, Public Resources Code; Kriebel v. City Council (1980) 112 Cal.
App. 3d 693.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, dtle C California Code of Reguladons (Register 2005, No. 40).
Article 16. EIR Monitor
§15240. EIR Monitor.
The Secretary for Resources may provide for publication of a bulletin
entitled "California EIR Monitor" on a subscription basis to provide pub-
lic notice of amendments to the guidelines, the completion of draft EIRs,
and other matters as deemed appropriate. Inquiries and subscription re-
quests should be sent to the following address:
secretary for resources
attention: california eir monitor
1416 ninth street. room 1311
sacramento, california 9.'58m
NOTE: Authority cited: Secdon 21083, Public Resources Code. Reference: Sec-
tion 21088, Public Resources Code.
History
1 . New Article 16 (Section 1 5240) filed 7-1 3-83; effective thirtieth day thereafter
(Register 83, No. 29).
2. Editorial correcdon of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
secdon 100, dtle 1, California Code of Regulations (Register 2005, No. 40).
Article 17. Exemption for Certified State
Regulatory Programs
§15250. General.
Section 21 080.5 of the Public Resources Code provides that a regula-
tory program of a state agency shall be certified by the Secretary for Re-
sources as being exempt from the requirements for preparing EIRs, nega-
tive declarations, and initial studies if the Secretary finds that the
program meets the criteria contained in that code section. A certified pro-
gram remains subject to other provisions in CEQA such as the policy of
avoiding significant adverse effects on the environment where feasible.
This article provides information concerning certified programs.
NoTE: Authority cited: Secdon 21083, Public Resources Code. Reference: Sec-
don 21080.5, Public Resources Code.
History
1. New Article 17 (Secdons 15250-15253) filed 7-13-83; effecdve thirtieth day
thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignadng effecdve date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
secdon 100, tide 1, California Code of Reguladons (Register 2005, No. 40).
§ 15251. List of Certified Programs.
The following programs of state regulatory agencies have been certi-
fied by the Secretary for Resources as meeting the requirements of Sec-
tion 21080.5:
(a) The regulation of timber harvesting operations by the California
Department of Forestry and the State Board of Forestry pursuant to Chap-
ter 8, commencing with Section 451 1 of Part 2 of Division 4 of the Public
Resources Code.
(b) The regulatory program of the Fish and Game Commission pur-
suant to the Fish and Game Code.
(c) The regulatory program of the California Coastal Commission and
the regional coastal commissions dealing with the consideration and
granting of coastal development permits under the California Coastal Act
of 1976, Division 20 (commencing with Section 30000) of the Public Re-
sources Code.
Page 709
Register 2006, No. 29; 7-21 -2006
§ 15252
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) That portion of the regulatory program of the Air Resources Board
which involves the adoption, approval, amendment, or repeal of stan-
dards, rules, regulations, or plans to be used in the regulatory program for
the protection and enhancement of ambient air quality in California.
(e) The regulatory program of the State Board of Forestry in adopting,
amending, or repealing standards, rules, regulations, or plans under the
Z'berg-Nejedly Forest Practice Act, Chapter 8 (commencing with Sec-
tion 4511) of Part 2 of Division 4 of the Pubhc Resources Code.
(f) The program of the California Coastal Commission involving the
preparation, approval, and certification of local coastal programs as pro-
vided in Sections 30500 through 30522 of the Public Resources Code.
(g) The Water Quality Control (Basin)/208 Planning Program of the
State Water Resources Control Board and the Regional Water Quality
Control Boards.
(h) The permit and planning programs of the San Francisco Bay Con-
servation and Development Commission under the McAteer-Petris Act,
Title 7.2 (commencing with Section 66600) of the Government Code;
and the planning program of the San Francisco Bay Conservation and
Development Commission under the Suisun Marsh Preservation Act, Di-
vision 19 (commencing with Section 29000) of the Public Resources
Code.
(i) The pesticide regulatory program administered by the Department
of Pesticide Regulation and the county agricultural commissioners inso-
far as the program consists of:
(1) The registration, evaluation, and classification of pesticides.
(2) The adoption, amendment, or repeal of regulations and standards
for the licensing and regulation of pesticide dealers and pest control oper-
ators and advisors.
(3) The adoption, amendment, or repeal of regulations for standards
dealing with the monitoring of pesticides and of the human health and en-
vironmental effects of pesticides.
(4) The regulation of the use of pesticides in agricultural and urban
areas of the state through the permit system administered by the county
agricultural commissioners.
(j) The power plant site certification program of the State Energy Re-
sources Conservation and Development Commission under Chapter 6 of
the Warren-Alquist Act, commencing with Public Resources Code Sec-
tion 25500.
(k) The regulatory program of the State Water Resources Control
Board to establish instream beneficial use protection programs.
(/) That portion of the regulatory program of the South Coast Air Qual-
ity Management District which involves the adoption, amendment, and
repeal of regulations pursuant to the provisions of the Health and Safety
Code.
(m) Tlie program of the Delta Protection Commission involving the
preparation and adoption of a Resource Management Plan for the Sacra-
mento-San Joaquin Delta (Pub. Resources Code § 29760 ff.), and the
Commission's review and action on general plan amendments proposed
by local governments to make their plans consistent with the provisions
of the Commission's Resource Management Plan (Pub. Resources Code
§ 29763.5).
(n) The program of the Department of Fish and Game for the adoption
of regulations under the Fish and Game Code.
(o) The program of the Department of Fish and Game implementing
the incidental take permit application process under the California En-
dangered Species Act ("CESA"), Fish and Game Code sections 2080 and
2081, and specifically the regulation governing the Department of Fish
and Game' s role as a "lead agency" when issuing incidental take permits,
found at California Code of Regulations, Title 14, section 783.5(d).
(p) The regulatory program of the Department of Fish and Game for
review and approval of voluntary local programs for routine and ongoing
agricultural activities, as authorized by the California Endangered Spe-
cies Act, Fish and Game Code section 2086.
NOTE: Authority cited: Sections 21083 and 21080.5, Public Resources Code. Ref-
erence: Section 21080.5, Public Resources Code.
History
1. New subsection (m) filed 3-1-89; operative 3-31-89 (Register 89, No. 10).
2. New subsection (n) filed 1 1-9-94; operative 12-9-94 (Register 94, No. 45).
3. New subsection (o) filed 8-27-98; operative 8-27-98 pursuant to Government
Code section 11343.4(d) (Register 98, No. 35).
4. New subsection (p) and amendment of Note filed 3-29-99; operative 3-29-99
pursuant to Government Code section 1 1343.4(d) (Register 99, No. 14).
5. Change without regulatory effect amending subsection (i) and Note filed
2-1-2001 pursuant to section 100, title l,CalifomiaCodeof Regulations (Reg-
ister 2001, No. 5).
6. New subsection (q) filed 3-4-2003; operative 3-4-2003 pursuant to Public Re-
sources Code section 21083 (Register 2003, No. 10).
7. Amendment of subsection (h), repealer of subsection ()) and subsection reletter-
ing filed 7-1 1-2006; operative 7-1 1-2006 pursuant to Public Resources Code
section 21083 (Register 2006, No. 28).
§15252. Substitute Document.
(a) The document used as a substitute for an EIR or negadve declara-
tion in a certified program shall include at least the following items:
(1) A description of the proposed activity, and
(2) Either:
(A) Alternatives to the activity and mitigation measures to avoid or re-
duce any significant or potentially significant effects that the project
might have on the environment, or
(B) A statement that the agency's review of the project showed that the
project would not have any significant or potentially significant effects
on the environment and therefore no alternatives or mitigation measures
are proposed to avoid or reduce any significant effects on the environ-
ment. This statement shall be supported by a checklist or other documen-
tation to show the possible effects that the agency examined in reaching
this conclusion.
(b) The notice of the decision on the proposed activity shall be filed
with the Secretary for Resources.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.5, Public Resources Code.
History
1. Redesignation of first paragraph and subsections (a)-(b)(2) as subsections
(a)-(a)(2)(B) and new subsecfion (b) filed 9-7-2004; operative 9-7-2004 pur-
suant to Public Resources Code secfion 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, tide 1, California Code of Regulations (Register 2005, No. 40).
§ 15253. Use of an EIR Substitute by a Responsible
Agency.
(a) An environmental analysis document prepared for a project under
a certified program listed in Section 15251 shall be used by another
agency granting an approval for the same project where the conditions
in subdivision (b) have been met. In this situation, the certified agency
shall act as lead agency, and the other permitting agencies shall act as re-
sponsible agencies using the certified agency's document.
(b) The conditions under which a public agency shall act as a responsi-
ble agency when approving a project using an environmental analysis
document prepared under a certified program in the place of an EIR or
negative declaration are as follows:
(1) The certified agency is the first agency to grant a discretionary ap-
proval for the project.
(2) The certified agency consults with the responsible agencies, but the
consultation need not include the exchange of written notices.
(3) The environmental analysis document identifies:
(A) The significant environmental effects within the jurisdiction or
special expertise of the responsible agency.
(B) Alternatives or mitigation measures that could avoid or reduce the
severity of the significant environmental effects.
(4) Where written notices were not exchanged in the consultation pro-
cess, the responsible agency was afforded the opportunity to participate
in the review of the property by the certified agency in a regular manner
designed to inform the certified agency of the concerns of the responsible
agency before release of the EIR substitute for public review.
(5) The certified agency established a consultation period between the
certified agency and the responsible agency that was at least as long as
the period allowed for public review of the EIR substitute document.
Page 710
Register 2006, No. 29; 7-21-2006
Title 14
Resources Agency
§ 15265
•
(6) The certified agency exercised the powers of a lead agency by con-
sidering all the significant environmental effects of the project and mak-
ing a finding under Section 15091 for each significant effect.
(c) Certified agencies are not required to adjust their activities to meet
the criteria in subdivision (b). Where a certified agency does not meet the
criteria in subdivision (b):
(1) The substitute document prepared by the agency shall not be used
by other permitting agencies in the place of an EIR or negative declara-
tion, and
(2) Any other agencies granting approvals for the project shall comply
with CEQA in the normal manner. A permitting agency shall act as a lead
agency and prepare an EIR or a negative declaration. Other permitting
agencies, if any, shall act as responsible agencies and use the EIR or neg-
ative declaration prepared by the lead agency.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 2]002.J(d), 21080.5 and 21 165. Public Resources Code,
History
] . Change without regulatory effect amending subsections (a) and (c) and amend-
ing Note filed 10-6-2005 pursuant to section 100, title 1, California Code of
Regulations (Register 2005, No. 40).
Article 18. Statutory Exemptions
§15260. General.
This article describes the exemptions from CEQA granted by the Leg-
islature. The exemptions take several forms. Some exemptions are com-
plete exemptions from CEQA. Other exemptions apply to only part of the
requirements of CEQA, and still other exemptions apply only to the tim-
ing of CEQA compliance.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b), Public Resources Code.
History
1. New Article 18 (Sections 15260-15277) filed 7-13-83; effecdve thirtieth day
thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15261. Ongoing Project.
(a) If a project being carried out by a public agency was approved prior
to November 23, 1970, the project shall be exempt from CEQA unless
either of the following conditions exists:
(1) A substantial portion of public funds allocated for the project have
not been spent, and it is still feasible to modify the project to mitigate po-
tentially adverse environmental effects, or to choose feasible alternatives
to the project, including the altemative of "no project" or halting the proj-
ect; provided that a project subject to the National Environmental Policy
Act (NEPA) shall be exempt from CEQA as an on-going project if, under
regulations promulgated under NEPA, the project would be too far ad-
vanced as of January 1, 1970, to require preparation of an EIS.
(2) A public agency proposes to modify the project in such a way that
the project might have a new significant effect on the environment.
(b) A private project shall be exempt from CEQA if the project re-
ceived approval of a lease, license, certificate, permit, or other entitle-
ment for use from a public agency prior to April 5, 1973, subject to the
following provisions:
(1) CEQA does not prohibit a public agency from considering environ-
mental factors in connection with the approval or disapproval of a proj-
ect, or from imposing reasonable fees on the appropriate private person
or entity for preparing an environmental report under authority other than
CEQA. Local agencies may require environmental reports for projects
covered by this paragraph pursuant to local ordinances during this inter-
im period.
(2) Where a project was approved prior to Decembers, 1972, and prior
to that date the project was legally challenged for noncompliance with
CEQA, the project shall be bound by special rules set forth in Section
21170 of CEQA.
(3) Where a private project has been granted a discretionary govern-
mental approval for part of the project before April 5, 1973, and another
or additional discretionary governmental approvals after April 5, 1973,
the project shall be subject to CEQA only if the approval or approvals af-
ter April 5, 1973, involve a greater degree of responsibility or control
over the project as a whole than did the approval or approvals prior to that
date.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21169. 21170 and 21 171, Public Resources Code; County of Inyo v. Yorty,
32 Cal. App. 3d 795.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15262. Feasibility and Planning Studies.
A project involving only feasibility or planning studies for possible fu-
ture actions which the agency, board, or commission has not approved,
adopted, or funded does not require the preparation of an EIR or negative
declaration but does require consideration of environmental factors. This
section does not apply to the adoption of a plan that will have a legally
binding effect on later activities.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21102 and 21 150, Public Resources Code.
History
1 . Change without regulatory effect amending NOTE filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15263. Discharge Requirements.
The State Water Resources Control Board and the regional boards are
exempt from the requirement to prepare an EIR or a negative declaration
prior to the adoption of waste discharge requirements, except require-
ments for new sources as defined in the Federal Water Pollution Control
Act or in other acts which amend or supplement the Federal Water Pollu-
tion Control Act. The term "waste discharge requirements" as used in this
section is the equivalent of the term "permits" as used in the Federal Wa-
ter Pollution Control Act.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 13389, Water Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15264. Timberland Preserves.
Local agencies are exempt from the requirement to prepare an EIR or
negative declaration on the adopdon of timberland preserve zones under
Government Code Sections 51100et seq. (Gov. Code, Sec. 51119).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 511 19, Government Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15265. Adoption of Coastal Plans and Programs.
(a) CEQA does not apply to activiries and approvals pursuant to the
Cahfomia Coastal Act (commencing with Secrion 30000 of the Public
Resources Code) by:
(1) Any local government, as defined in Secrion 30109 of the Public
Resources Code, necessary for the prepararion and adoprion of a local
coastal program, or
(2) Any state university or college, as defined in Section 301 19, as nec-
essary for the preparation and adoption of a long-range land use develop-
ment plan.
(b) CEQA shall apply to the certification of a local coastal program or
long-range land use development plan by the California Coastal Com-
mission.
(c) This section shifts the burden of CEQA compliance from the local
agency or the state university or college to the California Coastal Com-
mission. The Coastal Commission's program of certifying local coastal
programs and long-range land use development plans has been certified
under Secrion 21080.5, Public Resources Code. See Secrion 15192.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.9, Public Resources Code.
Page 711
Register 2005, No. 40; 10-7-2005
§ 15266
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15266. General Plan Time Extension.
CEQA shall not apply to the granting of an extension of time by the
Office of Planning and Research to a city or county for the preparation
and adoption of one or more elements of a city or county general plan.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.10(a), Public Resources Code.
History
1 . Change without regulatory effect amending NOTi; filed 10-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No. 40).
§ 15267. Financial Assistance to Low or Moderate Income
Housing.
CEQA does not apply to actions taken by the Department of Housing
and Community Development to provide financial assistance for the de-
velopment and construction of residential housing for persons and fami-
lies of low or moderate income, as defined in Section 50093 of the Health
and Safety Code. The residential project which is the subject of the appli-
cation for financial assistance will be subject to CEQA when approvals
are granted by another agency.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.10(b), Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15268. Ministerial Projects.
(a) Ministerial projects are exempt from the requirements of CEQA.
The determination of what is "ministerial" can most appropriately be
made by the particular public agency involved based upon its analysis of
its own laws, and each public agency should make such determination
either as a part of its implementing regulations or on a case-by-case ba-
sis.
(b) In the absence of any discretionary provision contained in the local
ordinance or other law establishing the requirements for the permit, li-
cense, or other entitlement for use, the following actions shall be pre-
sumed to be ministerial;
(1) Issuance of building permits.
(2) Issuance of business licenses.
(3) Approval of final subdivision maps.
(4) Approval of individual utility service connections and disconnec-
tions.
(c) Each public agency should, in its implementing regulations or ordi-
nances, provide an identification or itemization of its projects and actions
wliich are deemed ministerial under the applicable laws and ordinances.
(d) Where a project involves an approval that contains elements of
both a ministerial action and a discretionary action, the project will be
deemed to be discretionary and will be subject to the requirements of
CEQA.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(1), Public Resources Code; Day v. City ofGlendale, 51 Cal. App.
3d 817.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15269. Emergency Projects.
The following emergency projects are exempt from the requirements
of CEQA.
(a) Projects to maintain, repair, restore, demolish, or replace property
or facilities damaged or destroyed as a result of a disaster in a disaster
stricken area in which a state of emergency has been proclaimed by the
Governor pursuant to the California Emergency Services Act, commenc-
ing with Section 8550 of the Government Code. This includes projects
that will remove, destroy, or significantly alter an historical resource
when that resource represents an imminent threat to the public of bodily
harm or of damage to adjacent property or when the project has received
a determination by the State Office of Historic Preservafion pursuant to
Secfion 5028(b) of Public Resources Code.
(b) EiTiergency repairs to publicly or privately owned service facilities
necessary to maintain service essential to the public health, safety or wel-
fare.
(c) Specific actions necessary to prevent or miugate an emergency.
This does not include long-term projects undertaken for the purpose of
preventing or mitigating a situation that has a low probability of occur-
rence in the short-term.
(d) Projects undertaken, carried out, or approved by a public agency
to maintain, repair, or restore an existing highway damaged by fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or land-
slide, provided that the project is within the existing right of way of that
highway and is initiated within one year of the damage occurring. This
exemption does not apply to highways designated as official state scenic
highways, nor any project undertaken, carried out, or approved by a pub-
lic agency to expand or widen a highway damaged by fire, flood, storm,
earthquake, land subsidence, gradual earth movement, or landslide.
(e) Seismic work on highways and bridges pursuant to Secfion 180.2
of the Streets and Highways Code, Secfion 180 et seq.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 080(b)(2), (3), and (4), 2 1080.33 and 21 1 72, Public Resources Code; Cas-
taic Lake Water Agency v. City of Santa Clarita (1995) 41 Cal.App.4th 1257; and
Western Municipal Water District of Riverside County v. Superior Court of San
Bernardino County (l%7) 187 Cal.App.3d 1104.
History
1. Amendmentof section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15270. Projects Which Are Disapproved.
(a) CEQA does not apply to projects which a public agency rejects or
disapproves.
(b) This section is intended to allow an inifial screening of projects on
the merits for quick disapprovals prior to the inifiafion f the CEQA pro-
cess where the agency can determine that the project cannot be approved.
(c) This secfion shall not reUeve an applicant from paying the costs for
an EIR or negative declarafion prepared for his project prior to the lead
agency's disapproval of the project after normal evaluafion and process-
ing.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(5), Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5271 . Early Activities Related to Thermal Power Plants.
(a) CEQA does not apply to acfions undertaken by a public agency re-
lafing to any thermal power plant site or facility, including the expendi-
ture, obUgafion, or encumbrance of funds by a public agency for plan-
ning, engineering, or design purposes, or for the conditional sale or
purchase of equipment, fuel, water (except groundwater), steam, or pow-
er for such a thermal power plant, if the thermal power plant site and re-
lated facihty will be the subject of an EIR or negafive declarafion or other
document or documents prepared pursuant to a regulatory program cerfi-
fied pursuant to Public Resources Code Section 21080.5, which will be
prepared by:
(1) The State Energy Resources Conservafion and Development Com-
mission,
(2) The Public Ufilities Commission, or
(3) The city or county in which the power plant and related facility
would be located.
(b) The EIR, negafive declarafion, or other document prepared for the
thermal power plant site or facility, shall include the environmental im-
pact, if any, of the early acfivities described in this section.
(c) This section acts to delay the fiming of CEQA compliance from the
early acfivities of a utility to the time when a regulatory agency is re-
Page 712
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15278
quested to approve the thermal power plant and shifts the responsibility
for preparing the document to the regulatory agency.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion J 5080(b)(6), Public Resources Code.
History
I . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15272. Olympic Games.
CEQA does not apply to activities or approvals necessary to the bid-
ding for, hosting or staging of, and funding or carrying out of, Olympic
Games under the authority of the International Olympic Committee, ex-
cept for the constaiction of facilities necessary for such Olympic Games.
If the facilities are required by the International Olympic Committee as
a condition of being awarded the Olympic Games, the lead agency need
not discuss the "no project" alternative in an EIR with respect to those
facilities.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(7), Public Resources Code.
History
]. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15273. Rates, Tolls, Fares, and Charges.
(a) CEQA does not apply to the estabUshment, modification, structur-
ing, restructuring, or approval of rates, tolls, fares, and other charges by
public agencies which the public agency finds are for the purpose of:
(1) Meeting operating expenses, including employee wage rates and
fringe benefits,
(2) Purchasing or leasing supplies, equipment, or materials,
(3)Meeting financial reserve needs and requirements,
(4) Obtaining funds for capital projects, necessary to maintain service
within existing service areas, or
(5) Obtaining funds necessary to maintain such intra-city transfers as
are authorized by city charter.
(b) Rate increases to fund capital projects for the expansion of a system
remain subject to CEQA. The agency granting the rate increase shall act
either as the lead agency if no other agency has prepared environmental
documents for the capital project or as a responsible agency if another
agency has already complied with CEQA as the lead agency.
(c) The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this section is claimed
setting forth with specificity the basis for the claim of exemption.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(8), Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15274. Family Day Care Homes.
(a) CEQA does not apply to establishment or operation of a large fami-
ly day care home, which provides in-home care for up to fourteen chil-
dren, as defined in Section 1596.78 of the Health and Safety Code.
(b) Under the Health and Safety Code, local agencies cannot require
use permits for the establishment or operation of a small family day care
home, which provides in-home care for up to eight children, and the es-
tablishment or operation of a small family day care home is a ministerial
action which is not subject to CEQA.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083, Public Resources Code.
History
1 . Amendment of section heading, repealer and new section, and amendment of
Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section
11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending section filed 2-1-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 5).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15275. Specified Mass Transit Projects.
CEQA does not apply to the following mass transit projects:
(a) The institution or increase of passenger or commuter service on rail
lines or high-occupancy vehicle lanes already in use, including the mod-
ernization of existing stations and parking facilities;
(b) Facility extensions not to exceed four miles in length which are re-
quired for transfer of passengers from or to exclusive public mass transit
guideway or busway pubhc transit services.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(l 1), (12), and (13), Public Resources Code.
History
1 . Change without regulatory effect amending NOTE filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15276. Transportation Improvement and Congestion
Management Programs.
(a) CEQA does not apply to the development or adoption of a regional
transportation improvement program or the state transportation improve-
ment program. Individual projects developed pursuant to these programs
shall remain subject to CEQA.
(b) CEQA does not apply to preparation and adoption of a congestion
management program by a county congestion management agency pur-
suant to Government Code Section 65089, et seq.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 2]080(b)(13), Pubhc Resources Code.
History
1. Amendment of secfion heading, section and NOTE filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15277. Projects Located Outside California.
CEQA does not apply to any project or portion thereof located outside
of California which will be subject to environmental impact review pur-
suant to the National Environmental Policy Act of 1 969 or pursuant to a
law of that state requiring preparation of a document containing essen-
tially the same points of analysis as in an environmental impact statement
prepared under the National Environmental Policy Act of 1969. Any
emissions or discharges that would have a significant effect on the envi-
ronment in the State of California are subject to CEQA where a California
public agency has authority over the emissions or discharges.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 2 1 080(b)( 15), Public Resources Code; 58 Opinions of the California Attorney
General 614 (S.O. 75/50).
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15278. Application of Coatings.
(a) CEQA does not apply to a discretionary decision by an air quality
management district for a project consisting of the application of coat-
ings within an existing facility at an automotive manufacturing plant if
the district finds all of the following:
(1) The project will not cause a net increase in any emissions of any
pollutant for which a national or state ambient air quality standard has
been established after the internal emission accounting for previous
emission reductions achieved at the facility and recognized by the dis-
trict.
(2) The project will not cause a net increase in adverse impacts of toxic
air contaminants as determined by a health risk assessment. The term
"net increase in adverse impacts of toxic air contaminants as determined
by a health risk assessmenf ' shall be determined in accordance with the
rules and regulations of the district.
(3) The project will not cause any other adverse effect on the environ-
ment.
(b) The district shall provide a 10-day notice, at the time of the is-
suance of the permit, of any such exemption. Notice shall be published
in two newspapers of general circulation in the area of the project and
shall be mailed to any person who makes a written request for such a no-
tice. The notice shall state that the complete file on the project and the
basis for the district's findings of exemption are available for inspection
and copying at the office of the district.
Page 713
Register 2005, No. 40; 10-7-2005
§ 15279
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(c) Any person may appeal the issuance of a permit based on an ex-
emption under subdivision (a) to the hearing board as provided in Section
42302.1 of the Health and Safety Code. The permit shall be revoked by
the hearing board if there is substantial evidence in light of the whole re-
cord before the board that the project may not satisfy one or more of the
criteria established pursuant to subdivision (a). If there is no such sub-
stantial evidence, the exemption shall be upheld. Any appeal under this
subdivision shall be scheduled for hearing on the calendar of the hearing
board within 10 working days of the appeal being filed. The hearing
board shall give the appeal priority on its calendar and shall render a deci-
sion on the appeal within 21 working days of the appeal being filed. The
hearing board may delegate the authority to hear and decide such an ap-
peal to a subcommittee of its body.
NOTE: Authority died: Section 2 1083, Public Resources Code. Reference: Chap-
ter 1131, Statutes of 1993, Section 1.
History
1. New section filed 5-27-97; operative 3-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15279. Housing for Agricultural Employees.
NOTE: Authority cited: Sections 2 1 083 and 21087, Public Resources Code. Refer-
ence: Section 21080.10, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatoiy effect repealing section filed 10-6-2005 pursuant
to section 100, title'l, California Code of Regulations (Register 2005, No. 40).
§ 15280. Lower-Income Housing Projects.
NOTE: Authority cited: Sections 21 083 and 21 087, Public Resources Code. Refer-
ence: Section 21080.14, Public Resources Code.
History
1 . New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
secdon 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending subsection (a) filed 2-1-2001 pur-
suant to section 100, title 1, California Code of Regulations (Register 2001 , No.
5).
3. Change without regulatory effect repealing section filed 10-6-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5281 . Air Quality Permits.
CEQA does not apply to the issuance, modification, amendment, or re-
newal of any permit by an air pollution control district or air quality man-
agement district pursuant to Title V, as defined in Section 39053.3 of the
Health and Safety Code, or pursuant to an air district Title V program es-
tablished under Sections 42301.10, 42301.11, and 42301.12 of the
Health and Safety Code, unless the issuance, modification, amendment,
or renewal authorizes a physical or operational change to a source or fa-
cility.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.24, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15282. Other Statutory Exemptions
The following is a list of existing statutory exemptions. Each subdivi-
sion summarizes statutory exemptions found in the California Code.
Lead agencies are not to rely on the language contained in the summaries
below but must rely on the actual statutory language that creates the ex-
emption. This list is intended to assist lead agencies in finding them, but
not as a substitute for them. This section is merely a reference tool.
(a) The notification of discovery of Native American burial sites as set
forth in Section 5097.98(c) of the Public Resources Code.
(b) Specified prison facilities as set forth in Sections 21080.01,
21080.02, 21080.03 and 21080.07 of the Public Resources Code.
(c) The lease or purchase of the rail right-of-way used for the San
Francisco Peninsula commute service between San Francisco and San
Jose as set forth in Section 21080.05 of the Public Resources Code.
(d) Any activity or approval necessary for or incidental to project fund-
ing or authorization for the expenditure of funds for the project, by the
Rural Economic Development Infrastructure Panel as set forth in Section
21080.08 of the Public Resources Code.
(e) The conversion of an existing rental mobilehome park to a resident
initiated subdivision, cooperative, or condominium for mobilehomes as
set forth in Section 21080.8 of the Public Resources Code.
(f) Settlements of title and boundary problems by the State Lands
Commission and to exchanges or leases in connection with those settle-
ments as set forth in Section 21080.1 1 of the Public Resources Code.
(g) Any railroad grade separation project which eliminates an existing
grade crossing or which reconstructs an existing grade separation as set
forth in Section 21080.13 of the Public Resources Code.
(h) The adoption of an ordinance regarding second units in a single-fa-
mily or multifamily residential zone by a city or county to implement the
provisions of Sections 65852.1 and 65852.2 of the Government Code as
set forth in Section 21080.17 of the Public Resources Code.
(i) The closing of any public school or the transfer of students from that
public school to another school in which kindergarten or any grades 1
through 12 is maintained as set forth in 21080.18 of the Public Resources
Code.
(j) A project for restriping streets or highways to relieve traffic conges-
tion as set forth in Section 21080.19 of the Public Resources Code.
(k) The installation of new pipeline or maintenance, repair, restora-
tion, removal, or demolition of an existing pipeline as set forth in Section
21080.21 of the Public Resources Code, as long as the project does not
exceed one mile in length.
(/) The activities and approvals by a local government necessary for
the preparation of general plan amendments pursuant to Public Re-
sources Code § 29763 as set forth in Section 21080.22 of the Public Re-
sources Code. Section 29763 of the Public Resources Code refers to local
government amendments made for consistency with the Delta Protection
Commission's regional plan.
(m) Minor alterations to utilities made for the purposes of complying
with Sections 116410 and 116415 of the Health and Safety Code as set
forth in Section 21080.26 of the Public Resources Code.
(n) The adoption of an ordinance exempting a city or county from the
provisions of the Solar Shade Control Act as set forth in Section 25985
of the Public Resources Code.
(o) The acquisition of land by the Department of Transportation if re-
ceived or acquired within a statewide or regional priority corridor desig-
nated pursuant to Section 65081.3 of the Government Code as set forth
in Section 33911 of the Public Resources Code.
(p) The adoption or amendment of a nondisposal facility element as
set forth in Section 41735 of the Public Resources Code.
(q) Cooperative agreements for the development of Solid Waste Man-
agement Facilities on Indian country as set forth in Section 44203(g) of
the Public Resources Code.
(r) Determinations made regarding a city or county0s regional hous-
ing needs as set forth in Section 65584 of the Government Code.
(s) Any action necessary to bring a general plan or relevant mandatory
element of the general plan into compliance pursuant to a court order as
set forth in Section 65759 of the Government Code.
(t) Industrial Development Authority activities as set forth in Section
91543 of the Government Code.
(u) Temporary changes in the point of diversion, place of use, of pur-
pose of use due to a transfer or exchange of water or water rights as set
forth in Section 1729 of the Water Code.
(v) The preparation and adoption of Urban Water Management Plans
pursuant to the provisions of Section 10652 of the Water Code.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 5097.98(c), 21080.01, 21080.02, 21080.03, 21080.05, 21080.07, 21080.08,
Page 714
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15285
21080.8, 21080.11, 21080.13, 21080.17. 21080.18, 21080.19, 21080.21,
21080.22, 21080.26, 25985, 3391 1, 41735 and 44203(g), Public Resources Code.
H [STORY
1. New section filed 5-27-97; operative 5-27-97 pursuant to Govemment Code
section 1 1343.4(d) (Register 97. No. 22).
2. Change without regulatoi^ effect amending first paragraph, repealing subsec-
tion (e), relettering subsections and amending newly designated subsection (m)
and Note filed 10-6-2005 pursuant to section 100, title 1, California Code oif
Regulations (Register 2005, No. 40).
§ 15283. Housing Needs Allocation.
CEQA does not apply to regional housing needs determinations made
by the Department of Housing and Community Development, a council
of governments, or a city or county pursuant to Section 65584 of the Gov-
emment Code.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 65584, Government Code.
History
1 . New section filed 10-26-98: operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15284. Pipelines.
(a) CEQA does not apply to any project consisting of the inspection,
maintenance, repair, restoration, reconditioning, relocation, replace-
ment, or removal of an existing hazardous or volatile liquid pipeline or
any valve, flange, meter, or other piece of equiptnent that is directly at-
tached to the pipeline.
(b) To qualify for this exemption, the diameter of the affected pipeline
must not be increased and the project must be located outside the bound-
aries of an oil refinery. The project must also meet all of the following
criteria:
(1) The affected section of pipeline is less than eight miles in length
and actual construction and excavation activities are not undertaken over
a length of more than one-half mile at a time.
(2) The affected section of pipeline is not less than eight miles distance
from any section of pipeline that had been subject to this exemption in
the previous 1 2 months.
(3) The project is not solely for the purpose of excavating soil that is
contaminated by hazardous materials.
(4) To the extent not otherwise required by law, the person undertak-
ing the project has, in advance of undertaking the project, prepared a plan
that will result in notification of the appropriate agencies so that they may
take action, if necessary, to provide for the emergency evacuation of
members of the public who may be located in close proximity to the proj-
ect, and those agencies, including but not limited to the local fire depart-
ment, police, sheriff, and California Highway Patrol as appropriate, have
reviewed and agreed to that plan.
(5) Project activities take place within an existing right-of-way and
that right-of-way will be restored to its pre-project condition upon com-
pletion of the project.
(6) The project applicant will comply with all conditions otherwise au-
thorized by law, imposed by the city or county as part of any local agency
permit process, and to comply with the Keene-Nejedly California Wet-
lands Preservation Act (Public Resources Code Section 5810, et seq.),
the California Endangered Species Act (Fish and Game Code Section
2050, et seq.), other applicable state laws, and all applicable federal laws.
(c) When the lead agency determines that a project meets all of the cri-
teria of subdivisions (a) and (b), the party undertaking the project shall
do all of the following:
( 1 ) Notify in writing all responsible and trustee agencies, as well as any
public agency with environmental, public health protection, or emergen-
cy response authority, of the lead agency's invocation of this exemption.
(2) Mail notice of the project to the last known name and address of
all organizations and individuals who have previously requested such
notice and notify the public in the affected area by at least one of the fol-
lowing procedures:
(A) Publication at least one time in a newspaper of general circulation
in the area affected by the proposed project. If more than one area is af-
fected, the notice shall be published in the newspaper of largest circula-
tion from among the newspapers of general circulation in those areas.
(B) Posting of notice on and off site in the area where the project is to
be located.
(C) Direct mailing to the owners and occupants of contiguous property
shown on the latest equalized assessment roll.
Tlie notice shall include a brief description of the proposed project and
its location, and the date, time, and place of any public meetings or hear-
ings on the proposed project. This notice may be combined with the pub-
he notice required under other law, as applicable, but shall meet the pre-
ceding minimum requirements.
(3) In the case of private rights-of-way over private property, receive
from the underlying property owner permission for access to the proper-
ty-
(4) Immediately inform the lead agency if any soil contaminated with
hazardous materials is discovered.
(5) Comply with all conditions otherwise authorized by law, imposed
by the city or county as part of any local agency permit process, and to
comply with the Keene-Nejedly California Wetlands Preservation Act
(Public Resources Code Section 5810, et seq.), the California Endan-
gered Species Act (Fish and Game Code Section 2050, et seq.), other
applicable state laws, and all applicable federal laws.
(d) For purposes of this section, "pipehne" is used as defined in subdi-
vision (a) of Govemment Code Section 5101 0.5. This definition includes
every intrastate pipeline used for the transportation of hazardous liquid
substances or highly volatile liquid substances, including a common car-
rier pipeline, and all piping containing those substances located within
a refined products bulk loading facility which is owned by a common car-
rier and is served by a pipeline of that common carrier, and the common
carrier owns and serves by pipeline at least five such facilities in Califor-
nia.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.23, Public Resources Code.
History
1 . New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15285. Transit Agency Responses to Revenue Shortfalls.
(a) CEQA does not apply to actions taken on or after July 1,1995 to
implement budget reductions made by a publicly owned transit agency
as a result of a fiscal emergency caused by the failure of agency revenues
to adequately fund agency programs and facilities. Actions shall be lim-
ited to those directly undertaken by or financially supported in whole or
in part by the transit agency pursuant to Section 15378(a)(1) or (2), in-
cluding actions which reduce or eliminate the availability of an existing
publicly owned transit service, facility, program, or activity.
(b) When invoking this exemption, the transit agency shall make a spe-
cific finding that there is a fiscal emergency. Before taking its proposed
budgetary actions and making the finding of fiscal emergency, the transit
agency shall hold a public hearing. After this public hearing, the transit
agency shall respond within 30 days at a regular public meeting to sug-
gestions made by the public at that initial hearing. The transit agency may
make the finding of fiscal emergency only after it has responded to public
suggestions.
(c) For purposes of this subdivision, "fiscal emergency" means that the
transit agency is projected to have negative working capital within one
year from the date that the agency finds that a fiscal emergency exists.
"Working capital" is defined as the sum of all unrestricted cash, unre-
stricted short-term investments, and unrestricted short-term accounts
receivable, minus unrestricted accounts payable. Employee retirements
funds, including deferred compensation plans and Section 401 (k) plans,
health insurance reserves, bond payment reserves, worker's compensa-
Page 714.1
Register 2005, No. 40; 10-7-2005
§ 15300
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
tion reserves, and insurance reserves shall not be included as working
capital.
(d) This exemption does not apply to the action of any publicly owned
transit agency to reduce or eliminate a transit service, facility, program,
or activity that was approved or adopted as a mitigation measure in any
environmental document certified or adopted by any public agency un-
der either CEQA or NEPA. Further, it does not apply to actions of the Los
Angeles County Metropolitan Transportation Authority.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080 and 21080.32, Public Resources Code.
History
1 . New section filed 1 0-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
sectio'n 1 00, title 1 , California Code of Regulations (Register 2005, No. 40).
Article 19. Categorical Exemptions
§15300. Categorical Exemptions.
Section 21084 of the Public Resources Code requires these guidelines
to include a hst of classes of projects which have been determined not to
have a significant effect on the environment and which shall, therefore,
be exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources has found that
the following classes of projects listed in this article do not have a signifi-
cant effect on the environment, and they are declared to be categorically
exempt from the requirement for the preparation of environmental docu-
ments.
NOTE; Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Renumbering and amendment of former Article 8 (Sections 15100-15129) to
Article 19 (Sections 15300-15329) filed 7-13-83; effective thirtieth day there-
after (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5300.1 . Relation to Ministerial Projects.
Section 21080 of the Public Resources Code exempts from the appU-
cation of CEQA those projects over which public agencies exercise only
ministerial authority. Since ministerial projects are already exempt,
Categorical Exemptions should be applied only where a project is not
ministerial under a public agency's statutes and ordinances. The inclu-
sion of activities which may be ministerial within the classes and exam-
ples contained in this article shall not be construed as a finding by the Sec-
retary for resources that such an activity is discretionary.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15300.2. Exceptions.
(a) Location. Classes 3, 4, 5, 6, and 1 1 are qualified by consideration
of where the project is to be located — a project that is ordinarily insignifi-
cant in its impact on the environment may in a particularly sensitive envi-
ronment be significant. Therefore, these classes are considered to apply
in all instances, except where the project may impact on an environmen-
tal resource of hazardous or critical concern where designated, precisely
mapped, and officially adopted pursuant to law by federal, state, or local
agencies.
(b) Cumulative Impact. All exemptions for these classes are inapplica-
ble when the cumulative impact of successive projects of the same type
in the same place, over time is significant.
(c) Significant Effect. A categorical exemption shall not be used for
an activity where there is a reasonable possibility that the activity will
have a significant effect on the environment due to unusual circum-
stances.
(d) Scenic Highways. A categorical exemption shall not be used for a
project which may result in damage to scenic resources, including but not
limited to, trees, historic buildings, rock outcroppings, or similar re-
sources, within a highway officially designated as a state scenic highway.
This does not apply to improvements which are required as mitigation by
an adopted negative declaration or certified EIR.
(e) Hazardous Waste Sites. A categorical exemption shall not be used
for a project located on a site which is included on any list compiled pur-
suant to Section 65962.5 of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for
a project which may cause a substantial adverse change in the signifi-
cance of a historical resource.
NoTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21084 and 21084.1, Public Resources Code; Wildlife Alive v. Chickering
( 1 977) 1 8 Cal .3dl 90; League for Protection of Oakland 's A rchitectural and His-
toric Resources v. City of Oakland (\991) 52 Cal.App.4th 896; Citizens for Re-
sponsible Development in West Hollywood v. City of West Hollywood (1995) 39
CaJ.App.4th 925; City of Pasadena v. State of California (1993) 14 Cal.App.4th
810; Association for the Protection etc. Values v. City of Ukiah (1991) 2
Cal.App.4th 720; and Baird v. County of Contra Costa (1995) 32 Cal.App.4th
1464.
History
1 . Amendment of subsection (b). new subsecfions (d)-(O and amendment of Note
filed 10-26-98; operafive 10-26-98 pursuant to Public Resources Code section
21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15300.3. Revisions to List of Categorical Exemptions.
Any public agency may, at any time, request that a new class of Cate-
gorical Exemptions be added, or an existing one amended or deleted.
This request must be made in writing to the Office of Planning and Re-
search and shall contain detailed information to support the request. The
granting of such request shall be by amendment to these guidelines.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15300.4. Application by Public Agencies.
Each public agency shall, in the course of establishing its own proce-
dures, list those specific activities which fall within each of the exempt
classes, subject to the qualification that these lists must be consistent with
both the letter and the intent expressed in the classes. Public agencies may
omit from their implementing procedures classes and examples that do
not apply to their activities, but they may not require EIRs for projects
described in the classes and examples in this article except under the pro-
visions of Section 15300.2.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15301. Existing Facilities.
Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private struc-
hares, facilities, mechanical equipment, or topographical features, in-
volving negligible or no expansion of use beyond that existing at the time
of the lead agency's determination. The types of "existing facilities"
itemized below are not intended to be all-inclusive of the types of proj-
ects which might fall within Class 1. The key consideration is whether
the project involves negligible or no expansion of an existing use.
Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior par-
titions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly-owned utilities
used to provide electric power, natural gas, sewerage, or other public util-
ity services;
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Title 14
Resources Agency
§ 15303
(c) Existing highways and streets, sidewalks, gutters, bicycle and pe-
destrian trails, and similar facilities (this includes road grading for the
purpose of public safety).
(d) Restoration or rehabilitation ofdeteriorated or damaged structures,
facilities, or mechanical equipment to meet current standards of public
health and safety, unless it is determined that the damage was substantial
and resulted from an environmental hazard such as earthquake, land-
slide, or flood;
(e) Additions to existing structures provided that the addition will not
result in an increase of more than:
(1 ) 50 percent of the floor area of the staictures before the addition, or
2.500 square feet, whichever is less; or
(2) 10.000 square feet if:
(A) The project is in an area where all public services and facilities are
available to allow for maximum development permissible in the General
Plan and
(B) The area in which the project is located is not environmentally sen-
sitive.
(f) Addition of safety or health protection devices for use during con-
struction of or in conjunction with existing structures, facilities, or me-
chanical equipment, or topographical features including navigational de-
vices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native growth, and water
supply reservoirs (excluding the use of pesticides, as defined in Section
12753, Division 7, Chapter 2, Food and Agricultural Code);
(i) Maintenance offish screens, fish ladders, wildlife habitat areas, ar-
tificial wildlife waterway devices, streamflows, springs and waterholes,
and stream channels (clearing of debris) to protect fish and wildlife re-
sources;
(j) Fish stocking by the California Department of Fish and Game;
(k) Division of existing multiple family or single-family residences
into common-interest ownership and subdivision of existing commer-
cial or industrial buildings, where no physical changes occur which are
not otherwise exempt;
(/) Demolition and removal of individual small structures listed in this
subdivision;
(2) A duplex or similar multifamily residential structure. In urbanized
areas, this exemption applies to duplexes and similar structures where not
more than six dwelling units will be demolished.
(3) A store, motel, office, restaurant, and similar small commercial
structure if designed for an occupant load of 30 persons or less. In urban-
ized areas, the exemption also applies to the demolition of up to three
such commercial buildings on sites zoned for such use.
(4) Accessory (appurtenant) structures including garages, carports,
patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and appurtenant
structures under the supervision of the Department of Water Resources.
(n) Conversion of a single family residence to office use.
(o) Installation, in an existing facility occupied by a medical waste
generator, of a steam sterilization unit for the treatment of medical waste
generated by that facility provided that the unit is installed and operated
in accordance with the Medical Waste Management Act (Section
1 17600, et seq., of the Health and Safety Code) and accepts no offsite
waste.
(p) Use of a single-family residence as a small family day care home,
as defined in Section 1596.78 of the Health and Safety Code.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code; Bloom v. McGiirk (1994) 26 Cal.App.4th
1307.
History
1 . Amendment of subsections (c), (k), (/)(l)-(3) and (o), and amendment of Note
filed 5-27-97; operative 5-27-97 pursuant to Government Code section
11 343.4(d) (Register 97, No. 22).
2. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (h) filed 2-1-2001 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2001 , No.
3).
4. Change without regulatory effect amending subsection (k)(l) and NOTi; filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 1 5302. Replacement or Reconstruction.
Class 2 consists ofreplacement or reconstruction of existing structures
and facilities where the new structure will be located on the same site as
the structure replaced and will have substantially the same purpose and
capacity as the structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to
provide earthquake resistant structures which do not increase capacity
more than 50 percent;
(b) Replacement of a commercial structure with a new structure of
substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or
facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facili-
ties to underground including connection to existing overhead electric
utility distribution lines where the surface is restored to the condition ex-
isting prior to the undergrounding.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15303. New Construction or Conversion of Small
Structures.
Class 3 consists of construction and location of limited numbers of
new, small facilities or structures; installation of small new equipment
and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are
made in the exterior of the structure. The numbers of structures described
in this section are the maximum allowable on any legal parcel. Examples
of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a resi-
dential zone. In urbanized areas, up to three single-family residences
may be constructed or converted under this exemption.
(b) A duplex or similar multi-family residential structure totaling no
more than four dwelling units. In urbanized areas, this exemption applies
to apartments, duplexes, and similar structures designed for not more
than six dwelling units.
(c) A store, motel, office, restaurant or similar structure not involving
the use of significant amounts of hazardous substances, and not exceed-
ing 2500 square feet in floor area. In urbanized areas, the exemption also
applies to up to four such commercial buildings not exceeding 10,000
square feet in floor area on sites zoned for such use if not involving the
use of significant amounts of hazardous substances where all necessary
public services and facilities are available and the surrounding area is not
environmentally sensitive.
(d) Water main, sewage, electrical, gas, and other utility extensions,
including street improvements, of reasonable length to serve such con-
struction.
(e) Accessory (appurtenant) structures including garages, carports,
patios, swimming pools, and fences.
(f) An accessory steam sterilization unit for the treatment of medical
waste at a facility occupied by a medical waste generator, provided that
the unit is installed and operated in accordance with the Medical Waste
Management Act (Section 117600, et seq., of the Health and Safety
Code) and accepts no offsite waste.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. New subsection (f) and amendment of Note filed 5-27-97; operative 5-27-97
pursuant to Government Code section 1 1343.4(d) (Register 97, No. 22).
Page 714.3
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§ 15304
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Amendment filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15304. Minor Alterations to Land.
Class 4 consists of minor public or private alterations in the condition
of land, water, and/or vegetation which do not involve removal of
healthy, mature, scenic trees except for forestry and agricultural pur-
poses. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that
grading shall not be exempt in a waterway, in any wetland, in an officially
designated (by federal, state, or local government action) scenic area, or
in officially mapped areas of severe geologic hazard such as an Alquist-
Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone,
as delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of exist-
ing conventional landscaping with water efficient or fire resistant land-
scaping.
(c) Filling of earth into previously excavated land with material com-
patible with the natural features of the site.
(d) Minor alterations in land, water, and vegetation on existing offi-
cially designated wildlife management areas or fish production facilities
which result in improvement of habitat for fish and wildlife resources or
greater fish production.
(e) Minor temporary use of land having negligible or no permanent ef-
fects on the environment, including carnivals, sales of Christmas trees,
etc.
(f) Minor trenching and backfilling where the surface is restored.
(g) Maintenance dredging where the spoil is deposited in a spoil area
authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way.
(i) Fuel management activities within 30 feet of structures to reduce
the volume of flammable vegetation, provided that the activities will not
result in the taking of endangered, rare, or threatened plant or animal spe-
cies or significant erosion and sedimentation of surface waters.This ex-
emption shall apply to fuel management activities within 100 feet of a
structure if the public agency having fire protection responsibility for the
area has determined that 100 feet of fuel clearance is required due to extra
hazardous fire conditions.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Amendment of subsections (a) and (b) and new subsection (i) filed 10-26-98;
operative 1 0-26-98 pursuant to Public Resources Code section 2 1 087 (Register
98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15305. Minor Alterations in Land Use Limitations.
Class 5 consists of minor alterations in land use limitations in areas
with an average slope of less than 20%, which do not result in any
changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard, and set back variances not
resulting in the creation of any new parcel;
(b) Issuance of minor encroachment permits;
(c) Reversion to acreage in accordance with the Subdivision Map Act.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15306. Information Collection.
Class 6 consists of basic data collection, research, experimental man-
agement, and resource evaluation activities which do not result in a seri-
ous or major disturbance to an environmental resource. These may be
strictly for information gathering purposes, or as part of a study leading
to an action which a public agency has not yet approved, adopted, or
funded.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Pubhc Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1. California Code of Regulations (Register 2005, No. 40).
§ 15307. Actions by Regulatory Agencies for Protection of
Natural Resources.
Class 7 consists of actions taken by regulatory agencies as authorized
by state law or local ordinance to assure the maintenance, restoration, or
enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment. Examples include but are
not limited to wildlife preservation activities of the State Department of
Fish and Game. Construction activities are not included in this exemp-
tion.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15308. Actions by Regulatory Agencies for Protection of
the Environment.
Class 8 consists of actions taken by regulatory agencies, as authorized
by state or local ordinance, to assure the maintenance, restoration, en-
hancement, or protection of the environment where the regulatory pro-
cess involves procedures for protection of the environment. Construction
activities and relaxation of standards allowing environmental degrada-
tion are not included in this exemption.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code; International Longshoremen's and Ware-
housemen's Union v. Board of Supervisors, (1981) 116 Cal. App. 3d 265.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15309. Inspections.
Class 9 consists of activities limited entirely to inspections, to check
for performance of an operation, or quality, health, or safety of a project,
including related activities such as inspection for possible mislabeling,
misrepresentation, or adulteration of products.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15310. Loans.
Class 10 consists of loans made by the Department of Veterans Affairs
under the Veterans Farm and Home Purchase Act of 1 943, mortgages for
the purchase of existing structures where the loan will not be used for new
construction and the purchase of such mortgages by financial institu-
tions. Class 10 includes but is not limited to the following examples:
(a) Loans made by the Department of Veterans Affairs under the Vet-
erans Farm and Home Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies by
the Public Employees Retirement System and by the State Teachers Re-
tirement System.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, Utle 1, California Code of Regulafions (Register 2005, No. 40).
§ 1 531 1 . Accessory Structures.
Class 1 1 consists of construction, or placement of minor structures ac-
cessory to (appurtenant to) existing commercial, industrial, or institu-
tional facilities, including but not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items such as lifeguard
towers, mobile food units, portable restrooms, or similar items in gener-
Page 714.4
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15320
•
ally the same locations from time to lime in publicly owned parks, sta-
diums, or other facilities designed for public use.
NOTE: Authority cited; Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15312. Surplus Government Property Sales.
Class 12 consists of sales of surplus government property except for
parcels of land located in an area of statewide, regional, or areawide con-
cern identified in Section i5206(b)(4). However, even if the surplus
property to be sold is located in any of those areas, its sale is exempt if:
(a) The property does not have significant values for wildlife habitat
or other environmental purposes, and
(b) Any of the following conditions exist:
(1) The property is of such size, shape, or inaccessibility that it is inca-
pable of independent development or use; or
(2) The property to be sold would qualify for an exemption under any
other class of categorical exemption in these guidelines; or
(3) The use of the property and adjacent property has not changed
since the time of purchase by the public agency.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15313. Acquisition of Lands for Wildlife Conservation
Purposes.
Class 13 consists of the acquisition of lands for fish and wildlife con-
servation purposes including (a) preservation offish and wildlife habitat,
(b) establishing ecological reserves under Fish and Game Code Section
1 580, and (c) preserving access to public lands and waters where the pur-
pose of the acquisition is to preserve the land in its natural condition.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15314. Minor Additions to Schools.
Class 1 4 consists of minor additions to existing schools within existing
school grounds where the addition does not increase original student ca-
pacity by more than 25% or ten classrooms, whichever is less. The addi-
tion of portable classrooms is included in this exemption.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15315. Minor Land Divisions.
Class 15 consists of the division of property in urbanized areas zoned
for residential, commercial, or industrial use into four or fewer parcels
when the division is in conformance with the General Plan and zoning,
no variances or exceptions are required, all services and access to the pro-
posed parcels to local standards are available, the parcel was not involved
in a division of a larger parcel within the previous 2 years, and the parcel
does not have an average slope greater than 20 percent.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 531 6. Transfer of Ownership of Land in Order to Create
Parks.
Class 16 consists of the acquisition, sale, or other transfer of land in
order to establish a park where the land is in a natural condition or con-
tains historical or archaeological resources and either:
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural condi-
tion or preserve the historic or archaeological resources. CEQA will ap-
ply when a management plan is proposed that will change the area from
its natural condition or cause substantial adverse change in the signifi-
cance of the historic or archaeological resource.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21084, 21083.2, and 21084.1, Public Resources Code.
History
1. Amendment of section and Note filed 10-26-98; operative 10-26-98 pursuant
to Public Resources Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§ 15317. Open Space Contracts or Easements.
Class 17 consists of the establishment of agricultural preserves, the
making and renewing of open space contracts under the Williamson Act,
or the acceptance of easements or fee interests in order to maintain the
open space character of the area. The cancellation of such preserves, con-
tracts, interests, or easements is not included and will normally be an ac-
tion subject to the CEQA process.
NoTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 531 8. Designation of Wilderness Areas.
Class 18 consists of the designation wilderness areas under the Cali-
fornia Wilderness System.
NOTE: Authority cited: Section 21083, Public Resources Code, Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15319. Annexations of Existing Facilities and Lots for
Exempt Facilities.
Class 19 consists of only the following annexations:
(a) Annexations to a city or special district of areas containing existing
public or private structures developed to the density allowed by the cur-
rent zoning or pre-zoning of either the gaining or losing governmental
agency whichever is more restrictive, provided, however, that the exten-
sion of utility services to the existing facilities would have a capacity to
serve only the existing facilities.
(b) Annexations of individual small parcels of the minimum size for
facilities exempted by Section 15303, New Construction or Conversion
of Small Structures.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15320. Changes in Organization of Local Agencies.
Class 20 consists of changes in the organization or reorganization of
local governmental agencies where the changes do not change the geo-
graphical area in which previously existing powers are exercised. Exam-
ples include but are not limited to:
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having identical powers.
(c) Merger with a city of a district lying entirely within the boundaries
of the city.
Note: Authority cited: Section 21083, Public Resources Code. Reference; Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
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Register 2005, No. 40; 10-7-2005
§ 15321
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 5321 . Enforcement Actions by Regulatory Agencies.
Class 21 consists of::
(a) Actions by regulatory agencies to enforce or revoke a lease, permit,
license, certificate, or other entitlement for use issued, adopted, or pre-
scribed by the regulatory agency or enforcement of a law, general rule,
standard, or objective, administered or adopted by the regulatory agency.
Such actions include, but are not limited to, the following:
(1 ) The direct referral of a violation of lease, permit, license, certifi-
cate, or entitlement for use or of a general rule, standard, or objective to
the Attorney General, District Attorney, or City Attorney as appropriate,
for judicial enforcement.
(2) The adoption of an administrative decision or order enforcing or
revoking the lease, permit, license, certificate, or entitlement for use or
enforcing the general rule, standard, or objective.
(b) Law enforcement activities by peace officers acting under any law
that provides a criminal sanction.
(c) Construction activities undertaken by the public agency taking the
enforcement or revocation action are not included in this exemption.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15322. Educational or Training Programs Involving No
Physical Changes.
Class 22 consists of the adoption, alteration, or termination of educa-
tional or training programs which involve no physical alteration in the
area affected or which involve physical changes only in the interior of ex-
isting school or training structures. Examples include but are not limited
to:
(a) Development of or changes in curriculum or training methods.
(b) Changes in the grade structure in a school which do not result in
changes in student transportation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15323. Normal Operations of Facilities for Public
Gatherings.
Class 23 consists of the normal operations of existing facilities for
public gatherings for which the facilities were designed, where there is
a past history of the facility being used for the same or similar kind of pur-
pose. For the purposes of this section, "past history" shall mean that the
same or similar kind of activity has been occurring for at least three years
and that there is a reasonable expectation that the future occurrence of the
activity would not represent a change in the operation of the facility. Faci-
lities included within this exemption include, but are not limited to, race-
tracks, stadiums, convention centers, auditoriums, amphitheaters, plane-
tariums, swimming pools, and amusement parks.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 1 5324. Regulations of Working Conditions.
Class 24 consists of actions taken by regulatory agencies, including
the Industrial Welfare Commission as authorized by statute, to regulate
any of the following:
(a) Employee wages,
(b) Hours of work, or
(c) Working conditions where there will be no demonstrable physical
changes outside the place of work.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
I . Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15325. Transfers of Ownership in Land to Preserve
Existing Natural Conditions and Historical
Resources.
Class 25 consists of the transfers of ownership of interests in land in
order to preserve open space, habitat, or historical resources. Examples
include but are not limited to:
(a) Acquisition, sale, or other transfer of areas to preserve the existing
natural conditions, including plant or animal habitats.
(b) Acquisition, sale, or other transfer of areas to allow continued agri-
cultural use of the areas.
(c) Acquisition, sale, or other transfer to allow restoration of natural
conditions, including plant or animal habitats.
(d) Acquisition, sale, or other transfer to prevent encroachment of de-
velopment into flood plains.
(e) Acquisition, sale, or other transfer to preserve historical resources.
(f) Acquisition, sale, or other transfer to preserve open space or lands
for park purposes.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Amendment of section heading and section filed 10-26-98; operative
10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No.
44).
2. New subsection (f) filed 9-7-2004; operative 9-7-2004 pursuant to Public Re-
sources Code secfion 21083(e) (Register 2004, No. 37).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15326. Acquisition of Housing for Housing Assistance
Programs.
Class 26 consists of actions by a redevelopment agency, housing au-
thority, or other public agency to implement an adopted Housing Assis-
tance Plan by acquiring an interest in housing units. The housing units
may be either in existence or possessing all required permits for construc-
tion when the agency makes its final decision to acquire the units.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, dtle 1, California Code of Regulations (Register 2005, No. 40).
§15327. Leasing New Facilities.
(a) Class 27 consists of the leasing of a newly constructed or previous-
ly unoccupied privately owned facility by a local or state agency where
the local governing authority determined that the building was exempt
from CEQA. To be exempt under this section, the proposed use of the fa-
cility:
(1) Shall be in conformance with existing state plans and policies and
with general, community, and specific plans for which an EIR or negative
declaration has been prepared,
(2) Shall be substantially the same as that originally proposed at the
time the building permit was issued,
(3) Shall not result in a traffic increase of greater than 10% of front ac-
cess road capacity, and
(4) Shall include the provision of adequate employee and visitor park-
ing facilities.
(b) Examples of Class 27 include, but are not limited to:
(1) Leasing of administrative offices in newly constructed office
space.
(2) Leasing of client service offices in newly constructed retail space.
(3) Leasing of administrative and/or client service offices in newly
constructed industrial parks.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fion 21084, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 2005, No. 40).
•
Page 714.6
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15332
§ 15328. Small Hydroelectric Projects at Existing Facilities.
Class 28 consists of the installation of hydroelectric generating facili-
ties in connection with existing dams, canals, and pipelines where:
(a) The capacity of the generating facilities is 5 megawatts or less,
(b) Operation of the generating facilities will not change the flow re-
gime in the affected stream, canal, or pipeline including but not limited
to:
(1) Rate and volume of flow,
(2) Temperature,
(3) Amounts of dissolved oxygen to a degree that could adversely af-
fect aquatic life, and
(4) Timing of release.
(c) New power lines to connect the generating facilities to existing
power lines will not exceed one mile in length if located on a new right
of way and will not be located adjacent to a wild or scenic river.
(d) Repair or reconstruction of the diversion stmcture will not raise the
normal maximum surface elevation of the impoundment.
(e) There will be no significant upstream or downstream passage of
fish affected by the project.
(f) The discharge from the power house will not be located more than
300 feet from the toe of the diversion structure.
(g) The project will not cause violations of applicable state or federal
water quality standards.
(h) The project will not entail any construction on or alteration of a site
included in or eligible for inclusion in the National Register of Historic
Places, and
(i) Construction will not occur in the vicinity of any endangered, rare,
or threatened species.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . Amendment of subsection (i) and Note filed 5-27-97 ; operative 5-27-97 pur-
suant to Government Code section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15329. Cogeneration Projects at Existing Facilities.
Class 29 consists of the installation of cogeneration equipment with a
capacity of 50 megawatts or less at existing facilities meeting the condi-
tions described in this section.
(a) At existing industrial facilities, the installation of cogeneration fa-
cilities will be exempt where it will:
(1) Result in no net increases in air emissions from the industrial facil-
ity, or will produce emissions lower than the amount that would require
review under the new source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws.
(b) At commercial and industrial facilities, the installation of cogener-
ation facilities will be exempt if the installation will:
(1) Meet all the criteria described in subdivision (a),
(2) Result in no noticeable increase in noise to nearby residential struc-
tures,
(3) Be contiguous to other commercial or institutional structures.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. Change without regulatory effect amending subsection (b)(1) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 15330. Minor Actions to Prevent, Minimize, Stabilize,
Mitigate or Eliminate the Release or Threat of
Release of Hazardous Waste or Hazardous
Substances.
Class 30 consists of any minor cleanup actions taken to prevent, mini-
mize, stabilize, mitigate, or eliminate the release or threat of release of
a hazardous waste or substance which are small or medium removal ac-
tions costing $1 million or less.
(a) No cleanup action shall be subject to this Class 30 exemption if the
action requires the onsite use of a hazardous waste incinerator or thermal
treatment unit or the relocation of residences or businesses,or the action
involves the potential release into the air of volatile organic compounds
as defined in Health and Safety Code Section 251 23.6, except for small
scale in situ soil vapor extraction and treatment systems which have been
permitted by the local Air Pollution Control District or Air Quality Man-
agement District. All actions must be consistent with applicable state and
local environmental permitting requirements including, but not limited
to, off-site disposal, air quality rules such as those governing volatile or-
ganic compounds and water quality standards, and approved by the regu-
latory body with jurisdiction over the site.
(b) Examples of such minor cleanup actions include but are not limited
to:
(1) Removal of sealed, non-leaking drums or barrels of hazardous
waste or substances that have been stabilized, containerized and are des-
ignated for a lawfully permitted destination;
(2) Maintenance or stabilization of berms, dikes, or surface impound-
ments;
(3) Construction or maintenance of interim or temporary surface caps;
(4) Onsite treatment of contaminated soils or sludges provided treat-
ment system meets Title 22 requirements and local air district require-
ments;
(5) Excavation and/or offsite disposal of contaminated soils or sludges
in regulated units;
(6) Application of dust suppressants or dust binders to surface soils;
(7) Controls for surface water am-on and run-off that meets seismic
safety standards;
(8) Pumping of leaking ponds into an enclosed container;
(9) Constaiction of interim or emergency ground water treatment sys-
tems;
(10) Posting of warning signs and fencing for a hazardous waste or
substance site that meets legal requirements for protection of wildlife.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. New section filed 10-26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending first paragraph filed 2-1-2001 pur-
suant to section 100, title 1, California Code of Regulations (Register 2001, No.
5).
3. Redesignation of portions of first paragraph as subsections (a)-(b), amendment
of newly designated subsection (a) and redesignation of former subsections
(a)-(j) as subsections (b)(l)-(10) filed 9-7-2004; operative 9-7-2004 pursuant
to Public Resources Code section 21083(e) (Register 2004, No. 37).
4. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15331. Historical Resource Restoration/Rehabilitation.
Class 31 consists of projects limited to maintenance, repair, stabiliza-
tion, rehabilitation, restoration, preservation, conservation or recon-
struction of historical resources in a manner consistent with the Secretary
of the Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstruct-
ing Historic Buildings (1995), Weeks and Grimmer.
NoTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1. New section filed lC^26-98; operative 10-26-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 44).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 40).
§ 15332. In-Fill Development Projects.
Class 32 consists of projects characterized as in-fill development
meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designa-
tion and all applicable general plan policies as well as with applicable
zoning designation and regulations.
Page 714.7
Register 2005, No. 40; 10-7-2005
§ 15333
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) The proposed development occurs within city hmits on a project
site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or
threatened species.
(d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public
services.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
] . New section filed 1 2-23-98; operative 1 2-23-98 pursuant to Public Resources
Code section 21087 (Register 98, No. 52).
§ 15333. Small Habitat Restoration Projects.
Class 33 consists of projects not to exceed five acres in size to assure
the maintenance, restoration, enhancement, or protection of habitat for
fish, plants, or wildlife provided that:
(a) There would be no significant adverse impact on endangered, rare
or threatened species or their habitat pursuant to section 15065,
(b) There are no hazardous materials at or around the project site that
may be disturbed or removed, and
(c) The project will not result in impacts that are significant when
viewed in connection with the effects of past projects, the effects of other
current projects, and the effects of probable future projects.
(d) Examples of small restoration projects may include, but are not
limited to:
(1) revegetation of disturbed areas with native plant species;
(2) wetland restoration, the primary purpose of which is to improve
conditions for waterfowl or other species that rely on wetland habitat;
(3) stream or river bank revegetation, the primary purpose of which is
to improve habitat for amphibians or native fish;
(4) projects to restore or enhance habitat that are carried out principally
with hand labor and not mechanized equipment.
(5) stream or river bank stabilization with native vegetation or other
bioengineering techniques, the primary purpose of which is to reduce or
eliminate erosion and sedimentation; and
(6) culvert replacement conducted in accordance with published
guidelines of the Department of Fish and Game or NOAA Fisheries, the
primary purpose of which is to improve habitat or reduce sedimentation.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21084, Public Resources Code.
History
1 . New section filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Article 20. Definitions
§15350. General.
The definitions contained in this article apply to terms used throughout
the guidelines unless a term is otherwise defined in a particular section.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21083, Public Resources Code.
History
1. New Article 20 (Sections 15350-15387) filed 7-13-83; effective thirtieth day
thereafter (Register 83, No. 29).
2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83, No. 29).
3. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15351. Applicant.
"Applicant" means a person who proposes to carry out a project which
needs a lease, permit, license, certificate, or other entitlement for use or
financial assistance from one or more public agencies when that person
applies for the governmental approval or assistance.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21065, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15352. Approval.
(a) "Approval" means the decision by a public agency which commits
the agency to a definite course of action in regard to a project intended
to be carried out by any person. The exact date of approval of any project
is a matter determined by each public agency according to its rules, regu-
lations, and ordinances. Legislative action in regard to a project often
constitutes approval.
(b) With private projects, approval occurs upon the earhest commit-
ment to issue or the issuance by the public agency of a discretionary con-
tract, grant, subsidy, loan, or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for use of the project.
NOTE: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
tions 21061 and 21065, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15353. CEQA.
"CEQA" means the California Environmental Quahty Act, California
Public Resources Code Sections 21000 et seq.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fion 21050, Public Resources Code.
History
1. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§15354. Categorical Exemption.
"Categorical exemption" means an exemption from CEQA for a class
of projects based on a finding by the Secretary for Resources that the class
of projects does not have a significant effect on the environment.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fions 21080(b)(10) and 21084, Public Resources Code.
History
1. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15355. Cumulative Impacts.
"Cumulative impacts" refer to two or more individual effects which,
when considered together, are considerable or which compound or in-
crease other environmental impacts.
(a) The individual effects may be changes resulting from a single proj-
ect or a number of separate projects.
(b) The cumulative impact from several projects is the change in the
environment which results from the incremental impact of the project
when added to other closely related past, present, and reasonably foresee-
able probable future projects. Cumulative impacts can result from indi-
vidually minor but collectively significant projects taking place over a
period of time.
NOTE: Authority cited: Secfion 21083, PubUc Resources Code. Reference: Sec-
tion 21083(b), Public Resources Code; Whitman v. Board of Supervisors, 88 Cal.
App. 3d 397.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15356. Decision-Making Body.
"Decision-making body" means any person or group of people within
a public agency permitted by law to approve or disapprove the project at
issue.
NOTE: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
fion 21003(b), Public Resources Code; Kleist v. City ofGlendale (1976) 56 Cal.
App. 3d 770.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§15357. Discretionary Project
"Discretionary project" means a project which requires the exercise of
judgment or deliberation when the public agency or body decides to ap-
Page 714.8
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15366
prove or disapprove a particular activity, as distinguished from situations
where the public agency or body merely has to determine whether there
has been conformity with applicable statutes, ordinances, or regulations.
A timber harvesting plan submitted to the State Forester for approval un-
der the requirements of the Z'berg-Nejedly Forest Practice Act of 1973
(Pub. Res. Code Sections 451 1 et seq.) constitutes a discretionary project
within the meaning of the California Environmental Quality Act. Section
21065(c).
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(a), Public Resources Code; Johnson v. State of California (1968) 69
Cal. 2d 782; People v. Deparlment of Housing and Comnnniitv Development
(197.5) 45 Cai. App. 3d 185; Day v. Cit^' of Glendale (1975) 51 Cal. App. 3d 817;
N.R.D.C. V. Areata National Corp. (1976) 59 Cal. App. 3d 959.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15358. Effects.
"Effects" and "impacts" as used in these guidelines are synonymous.
(a) Effects include:
( 1 ) Direct or primary effects which are caused by the project and occur
at the same time and place.
(2) Indirect or secondary effects which are caused by the project and
are later in time or farther removed in distance, but are still reasonably
foreseeable. Indirect or secondary effects may include growth-inducing
effects and other effects related to induced changes in the pattern of land
use, population density, or growth rate, and related effects on air and wa-
ter and other natural systems, including ecosystems.
(b) Effects analyzed under CEQA must be related to a physical change.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21068 and 21100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15359. Emergency.
"Emergency" means a sudden, unexpected occurrence, involving a
clear and imminent danger, demanding immediate action to prevent or
mitigate loss of, or damage to life, health, property, or essential public
services. Emergency includes such occurrences as fire, flood, earth-
quake, or other soil or geologic movements, as well as such occurrences
as riot, accident, or sabotage.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(2), (3) and (4), Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15360. Environment.
"Environment" means the physical conditions which exist within the
tirea which will be affected by a proposed project including land, air, wa-
ter, minerals, flora, fauna, ambient noise, and objects of historic or aes-
thetic significance. The area involved shall be the area in which signifi-
cant effects would occur either directly or indirectly as a result of the
project. The "environment" includes both natural and man-made condi-
tions.
NOTE: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
tion 21060.5, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15361. Environmental Documents.
"Environmental documents" means initial studies, negative declara-
tions, draft and final EIRs, documents prepared as substitutes for EIRs
and negative declarations under a program certified pursuant to Public
Resources Code Section 21080.5, and documents prepared under NEPA
and used by a state or local agency in the place of an initial study, negative
declaration, or an EIR.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21061, 21080(b), 21080.5, 21108 and 21 152, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15362. EIR — Environmental Impact Report.
"EIR" or "environmental impact report" means a detailed statement
prepared under CEQA describing and analyzing the significant environ-
mental effects of a project and discussing ways to mitigate or avoid the
effects. The contents of an EIR are discussed in Article 9, commencing
with Section 151 20 of these guidelines. The term "EIR" may mean either
a draft or a final EIR depending on the context.
(a) Draft EIR means an EIR containing the information specified in
Sections 15122 through 15131.
(b) Final EIR means an EIR containing the information contained in
the draft EIR, comments either verbatim or in summary received in the
review process, a list of persons commenting, and the response of the lead
agency to the comments received. The final EIR is discussed in detail in
Section 15132.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21061, 21100 and 21151, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15363. EIS — Environmental Impact Statement.
"EIS" or "Environmental Impact Statement" means an environmental
impact document prepared pursuant to the National Environmental
Policy Act (NEPA). NEPA uses the term EIS in the place of the term EIR
which is used in CEQA.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21083.5, 21083.6 and 21083.7, Public Resources Code; 43 U.S.C.A.
4322(2)(c).
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15364. Feasible.
"Feasible" means capable of being accomplished in a successful man-
ner within a reasonable period of time, taking into account economic, en-
vironmental, legal, social, and technological factors.
NotE: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
tions 21002, 21002.1, 21004, 21061.1, 21080.5 and 21081, Public Resources
Code; Section 4, Chapter 1438 of the Statutes of 1982.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
secfion 100, title 1, California Code of Reguladons (Register 2005, No. 40).
§15365. Initial Study.
"Initial study" means a preliminary analysis prepared by the lead
agency to determine whether an EIR or a negative declaration must be
prepared or to identify the significant environmental effects to be ana-
lyzed in an EIR. Use of the initial study is discussed in Article 5, com-
mencing with Section 15060.
NotE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
fions 21080.1, 21080.2, 21080.3 and 21100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15366. Jurisdiction by Law.
(a) "Jurisdiction by law" means the authority of any public agency:
(1) To grant a permit or other entitlement for use,
(2) To provide funding for the project in question, or
(3) To exercise authority over resources which may be affected by the
project.
(b) A city or county will have jurisdiction by law with respect to a proj-
ect when the city or county having primary jurisdiction over the area in-
volved is:
(1 ) The site of the project;
(2) The area in which the major environmental effects will occur; and/
or
Page 714.9
Register 2(K)5, No. 40; 10-7-2005
§ 15367
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(3) The area in which reside those citizens most directly concerned by
any such environmental effects.
(c) Where an agency having jurisdiction by law must exercise discre-
tionary authority over a project in order for the project to proceed, it is
also a responsible agency, see Section 1538 J , or the lead agency, see Sec-
tion 15367.
Note. Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.3, 21080.4, 21 104 and 21153, Public Resources Code,
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15367. Lead Agency.
"Lead agency" means the public agency which has the principal re-
sponsibility for carrying out or approving a project. The lead agency will
decide whether an EIR or negative declaration will be required for the
project and will cause the document to be prepared. Criteria for determin-
ing which agency will be the lead agency for a project are contained in
Section 15051.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21165, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2005, No. 40).
§15368. Local Agency.
"Local agency" means any public agency other than a state agency,
board, or commission. Local agency includes but is not limited to cities,
counties, charter cities and counties, districts, school districts, special
districts, redevelopment agencies, local agency formation commissions,
and any board, commission, or organizational subdivision of a local
agency when so designated by order or resolution of the governing legis-
lative body of the local agency.
NOTE: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
tions 21062 and 21151, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title C California Code of Regulations (Register 2005, No. 40).
§15369. Ministerial.
"Ministerial" describes a governmental decision involving little or no
personal judgment by the public official as to the wisdom or manner of
carrying out the project. The public official merely applies the law to the
facts as presented but uses no special discretion or judgment in reaching
a decision. A ministerial decision involves only the use of fixed standards
or objective measurements, and the public official cannot use personal,
subjective judgment in deciding whether or how the project should be
carried out. Common examples of ministerial permits include automo-
bile registrations, dog licenses, and marriage licenses. A building permit
is ministerial if the ordinance requiring the permit limits the public offi-
cial to determining whether the zoning allows the structure to be built in
the requested location, the structure would meet the strength require-
ments in the Uniform Building Code, and the applicant has paid his fee.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(b)(1), Public Resources Code; Johnson v. State of California, 69 Cal.
2d 782; Day v. City ofGlendale, 51 Cal. App. 3d 817.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15369.5. Mitigated Negative Declaration.
"Mitigated negative declaration" means a negative declaration pre-
pared for a project when the initial study has identified potentially signifi-
cant effects on the environment, but (1) revisions in the project plans or
proposals made by, or agreed to by, the applicant before the proposed
negative declaration and initial study are released for public review
would avoid the effects or mitigate the effects to a point where clearly no
significant effect on the environment would occur, and (2) there is no
substantial evidence in light of the whole record before the public agency
that the project, as revised, may have a significant effect on the environ-
ment.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21064.5, Public Resources Code.
History
1. New section filed 5-27-97; operative 5-27-97 pursuant to Government Code
section 1 1 343.4(d) (Register 97. No. 22).
2. Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
sectio'n 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15370. Mitigation.
"Mitigation" includes:
(a) Avoiding the impact altogether by not taking a certain action or
parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the ac-
tion and its implementation.
(c) Rectifying the impact by repairing, rehabihtating, or restoring the
impacted environment.
(d) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute
resources or environments.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002, 21002.1, 21081 and 21100(c), Pubhc Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15371. Negative Declaration.
"Negative declaration" means a written statement by the lead agency
briefly describing the reasons that a proposed project, not exempt from
CEQA, will not have a significant effect on the environment and there-
fore does not require the preparation of an EIR. The contents of a negative
declaration are described in Section 15071.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080(c), Pubhc Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 1 5372. Notice of Completion.
"Notice of completion" means a brief notice filed with the Office of
Planning and Research by a lead agency as soon as it has completed a
draft EIR and is prepared to send out copies for review. The contents of
this notice are explained in Section 15085.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 161, Public Resources Code.
History
1. Amendment filed 1-30-86; effective thirtieth day thereafter (Register 86, No.
5).
2. Change without regulatory effect amending section and Note filed 10-6-2005
pursuant to section 100, title 1 , California Code of Regulations (Register 2005,
No. 40).
§15373. Notice of Determination.
"Notice of determination" means a brief notice to be filed by a public
agency after it approves or determines to carry out a project which is sub-
ject to the requirements of CEQA. The contents of this notice are ex-
plained in Sections 15075 and 15094.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21 108(a) and 21 152, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15374. Notice of Exemption.
"Notice of exemption" means a brief notice which may be filed by a
public agency after it has decided to carry out or approve a project and
has determined that the project is exempt from CEQA as being ministeri-
al, categorically exempt, an emergency, or subject to another exemption
from CEQA. Such a notice may also be filed by an applicant where such
a determination has been made by a public agency which must approve
the project. The contents of this notice are explained in Section 15062.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21108(b) and 21152(b), Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, CaUfomia Code of Regulations (Register 2005, No. 40).
Page 714.10
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15380
§15375. Notice of Preparation.
"Notice of preparation" means a brief notice sent by a lead agency to
notify the responsible agencies, trustee agencies, the Office of Planning
and Research, and involved federal agencies that the lead agency plans
to prepare an EIR for the project. The purpose of the notice is to solicit
guidance from those agencies as to the scope and content of the environ-
mental information to be included in the EIR. Public agencies are free to
develop their own formats for this notice. The contents of this notice are
described in Section 1 5082.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21080.4, Public Resources Code.
History
1 . Change without regulatory effect amending section and Note filed 10-6-2005
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2005,
No. 40).
§ 15376. Person.
"Person'' includes any person, firm, association, organization, part-
nership, business, trust, corporation, limited liability company, compa-
ny, district, city, county, city and county, town, the state, and any of the
agencies and political subdivisions of such entities, and, to the extent per-
mitted by federal law, the United States, or any of its agencies or political
subdivisions.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21066, Public Resources Code.
History
1. Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant
to Government Code section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending section and Note filed 10-6-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 40).
§ 15377. Private Project.
A "private project" means a project which will be carried out by a per-
son other than a governmental agency, but the project will need a discre-
tionary approval from one or more governmental agencies for:
(a) A contract or financial assistance, or
(b) A lease, permit, license, certificate, or other entitlement for use.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21065, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of RegulaUons (Register 2005, No. 40).
§ 15378. Project.
(a) "Project" means the whole of an action, which has a potential for
resulting in either a direct physical change in the environment, or a rea-
sonably foreseeable indirect physical change in the environment, and
that is any of the following:
(1 ) An activity directly undertaken by any public agency including but
not limited to public works construction and related activities clearing or
grading of land, improvements to existing public structures, enactment
and amendment of zoning ordinances, and the adoption and amendment
of local General Plans or elements thereof pursuant to Government Code
Sections 65100-65700.
(2) An activity undertaken by a person which is supported in whole or
in part through public agency contracts, grants, subsidies, loans, or other
forms of assistance from one or more public agencies.
(3) An activity involving the issuance to a person of a lease, permit,
license, certificate, or other entitlement for use by one or more public
agencies.
(b) Project does not include:
(1) Proposals for legislation to be enacted by the State Legislature;
(2) Continuing administrative or maintenance activities, such as pur-
chases for supplies, personnel-related actions, general policy and proce-
dure making (except as they are applied to specific instances covered
above);
(3) The submittal of proposals to a vote of the people of the state or of
a particular community that does not involve a public agency sponsored
initiative. {Stein v. City of Santa Monica, (1980) 110 Cal. App. 3d 458;
Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.4th 165);
(4) The creation of government funding mechanisms or other govern-
ment fiscal activities, which do not involve any commitment to any spe-
cific project which may result in a potentially significant physical impact
on the environment.
(5) Organizational or administrative activities of governments that
will not result in direct or indirect physical changes in the environment.
(c) The term "project" refers to the activity which is being approved
and which may be subject to several discretionary approvals by govern-
mental agencies. The term "project" does not mean each separate govem-
tnental approval.
(d) Where the lead agency could describe the project as either the
adoption of a particular regulation under subdivision (a)( I ) or as a devel-
opment proposal which will be subject to several governmental approv-
als under subdivisions (a)(2) or (a)(3), the lead agency shall describe the
project as the development proposal for the purpose of environmental
analysis. This approach will iinplement the lead agency principle as de-
scribed in Article 4.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21065, Public Resources Code; Kaufman and Broad-South Bav, Inc. v. Mor-
gan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullcrton Joint
Union High School District v. State Board of Education, (1982) 32 Cal. 3d 779;
Simi Valley Recreation and Park District v. Local Agency Formation Commission
of Ventura Count}' {191 5) 5] C:i\.App3d 6AS; and Communities for a Better Envi-
ronment V. California Resources Agency (2002) 103 Cal.App.4th 98.
History
1. Amendment of subsection (b)(3), repealer and new subsection (b)(5) and
amendment of NOTE filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
2. Amendment of subsection (a) and NOTE filed 5-27-97; operative 5-27-97 pur-
suant to Government Code section 1 1343.4(d) (Register 97, No. 22).
3. Amendment of subsections (b)(])-(5) and amendment of NOTE filed 10-26-98;
operative 1 0-26-98 pursuant to Public Resources Code section 2 1 087 (Register
98, No. 44).
4. Change without regulatory effect repealing subsection (b)(5) and amending
Note filed 7-22-2003 pursuant to section 100, title I, California Code of Regu-
lations (Register 2003, No. 30).
5. Amendment of subsection (b)(3) and new subsection (b)(5) filed 9-7-2004; op-
erative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Regis-
ter 2004, No. 37).
6. Change without regulatory effect amending subsection (d) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulafions
(Register 2005, No. 40).
§15379. Public Agency.
"Public agency" includes any state agency, board, or commission and
any local or regional agency, as defined in these guidelines. It does not
include the courts of the state. This term does not include agencies of the
federal government.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21063, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed 1 0-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15380. Endangered, Rare or Tlireatened Species.
(a) "Species" as used in this section means a species or subspecies of
animal or plant or a variety of plant.
(b) A species of animal or plant is:
(1) "Endangered" when its survival and reproduction in the wild are
in immediate jeopardy from one or more causes, including loss of habitat,
change in habitat, overexploitation, predation, competition, disease, or
other factors; or
(2) "Rare" when either:
(A) Although not presently threatened with extinction, the species is
existing in such small numbers throughout all or a significant portion of
its range that it may become endangered if its environment worsens; or
(B) The species is likely to become endangered within the foreseeable
future throughout all or a significant porfion of its range and may be con-
sidered "threatened" as that term is used in the Federal Endangered Spe-
cies Act.
(c) A species of animal or plant shall be presumed to be endangered,
rare or threatened, as it is listed in:
(1) Secfions 670.2 or 670.5, Title 14, California Code of Regulations;
or
Page 714.11
Register 2005, No. 40; 10-7-2005
§ 15381
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2)Title50. Code of Federal Regulations Sections 17.11 or 17. 12 pur-
suant to the Federal Endangered Species Act as rare, threatened, or en-
dangered.
(d) A species not included in any listing identified in subdivision (c)
shall nevertheless be considered to be endangered, rare or threatened, if
the species can be shown to meet the criteria in subdivision (b).
(e) This definition shall not include any species of the Class Insecta
which is a pest whose protection under the provisions of CEQA would
present an overwhelming and overriding risk to man as determined by:
(1) The Director of Food and Agriculture with regard to economic
pests; or
(2) The Director of Health Services with regard to health risks.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21001(c), Public Resources Code.
History
1. Amendment of section heading, subsections (c), (c)(1) and (d), and Note Filed
5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d)
(Register 97, No. 22).
2. Change without regulatory effect amending subsection (d) and Note filed
10-6-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 40).
§ 1 5381 . Responsible Agency.
"Responsible agency" means a public agency which proposes to carry
out or approve a project, for which a lead agency is preparing or has pre-
pared an EIR or negative declaration. For the purposes of CEQA, the
term "responsible agency" includes all public agencies other than the
lead agency which have discretionary approval power over the project.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21167.2 and 21167.3, Public
Resources Code.
History
1 . Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1 , California Code of Regulations (Register 2005, No. 40).
§ 15382. Significant Effect on the Environment.
"Significant effect on the environment" means a substantial, or poten-
tially substantial, adverse change in any of the physical conditions within
the area affected by the project including land, air, water, minerals, flora,
fauna, ambient noise, and objects of historic or aesthetic significance. An
economic or social change by itself shall not be considered a significant
effect on the environment. A social or economic change related to a phys-
ical change may be considered in determining whether the physical
change is significant.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21068, 21083, 21100 and 21151, Public Resources Code; Hecton v. People
of the State of California, 58 Cal. App. 3d 653.
History
1. On November 23, 1986 the regulation (Title 14, § 895.1) became effective
which clarifies the Board's regulatory interpretation of "effect" and "impact"
as specified in CEQA (Public Resources Code § 21068 and § 21080.5(d)(2) and
(3)) (Register 86, No. 4).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15383. State Agency.
"State agency" means a governmental agency in the executive branch
of the State Government or an entity which operates under the direction
and control of an agency in the executive branch of State Government
and is funded primarily by the State Treasury.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21 100, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulafions (Register 2005, No. 40).
§ 15384. Substantial Evidence.
(a) "Substantial evidence" as used in these guidelines means enough
relevant information and reasonable inferences from this information
that a fair argument can be made to support a conclusion, even though
other conclusions might also be reached. Whether a fair argument can be
made that the project may have a significant effect on the environment
is to be determined by examining the whole record before the lead
agency. Argument, speculation, unsubstantiated opinion or narrative, ev-
idence which is clearly erroneous or inaccurate, or evidence of social or
economic impacts which do not contribute to or are not caused by physi-
cal impacts on the environment does not constitute substantial evidence,
(b) Substantial evidence shall include facts, reasonable assumptions
predicated upon facts, and expert opinion supported by facts.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080, 21082.2, 21 168 and 21 168.5, Public Resources Code; No Oil, Inc. v.
C/A' of'Los Angeles (1974) 1 3 Cal. 3d 68; Riinnini> Fence Corp. v. Superior Court
(1 975) 5 1 Cal. App. 3d 400; Friends ofB Street v. OYv ofHavward(\ 980) 1 06 Cal.
App. 3d 988.
History
1 . Amendment of section and Note filed 5-27-97; operative 5-27-97 pursuant
to Government Code section 1 1343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§15385. Tiering.
"Tiering" refers to the coverage of general matters in broader ElRs
(such as on general plans or policy statements) with subsequent narrower
ElRs or ultimately site-specific EIRs incorporating by reference the gen-
eral discussions and concentrating solely on the issues specific to the EIR
subsequently prepared. Tiering is appropriate when the sequence of EIRs
is:
(a) From a general plan, policy, or program EIR to a program, plan, or
policy EIR of lesser scope or to a site-specific EIR.
(b) From an EIR on a specific action at an early stage to a subsequent
EIR or a supplement to an EIR at a later stage. Tiering in such cases is
appropriate when it helps the lead agency to focus on the issues which are
ripe for decision and exclude from consideration issues already decided
or not yet ripe.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21003, 21061 and 21 100, Public Resources Code.
History
1 . Change without regulatory effect amending Note filed lC^-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15386. Trustee Agency.
"Trustee agency" means a state agency having jurisdiction by law over
natural resources affected by a project which are held in trust for the peo-
ple of the State of California. Trustee agencies include: (a) The California
Department of Fish and Game with regard to the fish and wildlife of the
state, to designated rare or endangered native plants, and to game refuges,
ecological reserves, and other areas administered by the department.
(b) The State Lands Commission with regard to state owned "sover-
eign" lands such as the beds of navigable waters and state school lands.
(c) The State Department of Parks and Recreation with regard to units
of the State Park System.
(d) The University of California with regard to sites within the Natural
Land and Water Reserves System.
NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21080.3 and 21080.4, Public Resources Code.
History
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
§ 15387. Urbanized Area.
"Urbanized area" means a central city or a group of contiguous cities
with a population of 50,000 or more, together with adjacent densely pop-
ulated areas having a population density of at least 1,000 persons per
square mile. A lead agency shall determine whether a particular area
meets the criteria in this section either by examining the area or by refer-
ring to a map prepared by the U.S. Bureau of the Census which designates
the area as urbanized. Maps of the designated urbanized areas can be
found in the California EIR Monitor of February 7, 1979. The maps are
also for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402. The maps are sold in sets only
as Stock Number 0301-3466. Use of the term "urbanized area" in Sec-
tion 15182 is limited to areas mapped and designated as urbanized by the
U.S. Bureau of the Census.
NOTE: Authority cited: Sections 21 083 and 21087, Public Resources Code. Refer-
ence: Secfions 21080.7, 21083 and 21084, Public Resources Code.
Page 714.12
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15387
Appendix A
CEQA PROCESS FLOW CHART
Publk ogancy cl«termin«t
whctlwr the odivity ii a
"project"
• -" Not a projftct
Project
Public ogency deteiininei if
the project ii exempt
Statutory exemption ^
_ _ Ccrtegorical exemption ^ ~ ^
Not exempt
1
Public ogeiKy evaluotet project to
determine if iftere it a pottibility that
the project may liave o ugnHicont
effect on environment
No pottible lignifi- ^
cant effect
Possible signif icont effect
i— L
No furt{>er action
required under
CEQA
Determination of lead ogency where
nwre than 1 public agency is involved
ftespontibie
agency
(tetpond to informal con-
suHolion
X
leod ogency
Leod ogency preporet
initial study
lead agency decision to
prepore El(( or Negative
Oeclorcriion
"7
Respond to Notice of
Preporation as to contents
of draft Ellt
— ContwKotion
EIR
L
Negative Oecioroiion
Lead agency sends Notice
of Preporcrtion do responsi-
ble ogency
leod ogency prepares
draft EIR
Comments en odequocy of
draft EIR or Negotive
Oectorolion
Leod ogency files Notice of Com-
pletion and gives public notice of
qvoilobility of draft EIR
leod ogency gives public
notice of ovoilobility of
Negotive DecloTotion
Public review period
Public review period
Decision mailing body considen
Unci EUt or Negative Oedoro*
tiew prepofed by leod ogency
Leod agency prepores finol EIR
including responses to com-
ments on draft EIR
Findings on feasibility of reduc-
ing or ovoiding s«gnificant en-
^
Consideration and approval
of final EIR by decision mok-
ingbody
Decision on Protect 1
Consideration and ap-
proval of t^egotive
Declaration by decision
molting body
Findings on ftoiibiiity of
reducing or ovoiding signifi-
cant environmenial effect*
Stole ogencies
File Notice of Dedoro-
tionw/OPR
loccri ogerKies
File Notke of Oetermi-
notion w/Co. Clerfi
Decision on project
State agencies local ogencies
NOTE: This flow chart is intended
'merely to illustrate the EIR
process contemplated by
these GuideliiMi. The
language contoined in the
Guidel«i>es controls in case of
discrepancies.
File Notice of Determination
w/OPR
File Notice of Determination
with Cowtty Clerk
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21000-21 176, Public Resources Code.
History
Amendment of Appendix A filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5). For prior history, see Registers 80, No. 19 and 73, No. 50.
Page 714.13
Register 2005, No. 40; 10-7-2005
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
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AREAS OF SPECIAL EXPER-
TISE OF STATE DEPART-
MENTS IN SUBJECTS OF
ENVIRONMENTAL CON-
CERN
X
it
X
?
X
—1 Air qualilv and air pollution control
X
X
fcj Chemical contannnation and food products
s
>J
j^ Coastal areas, wetlands, estuaries, waterfowl
refuges and beaches
a
X
X
^ Congestion in urhan areas, housing and
building displacement
X
X
(ji Oisease control
X
X
^ Electric energy generation and supply
<o
X
X
X
^sj Environmental effects with special
im-
X
X
_, P9Ct In low-income neiglibnrhoods
00 FTood plams andwaterSbcdis
M
X ' nq Food additives and food sanilarion
X
X
X
O Herbicides
X
>M Historic and archaeological sites
K
X
•O
^ Human ecology
X
X
r^ Microbiological contamination
— ' Mineral land reclamation
r** Natural gas energy development
generation and suppiv
^
o
X
Q. Navigable airways
Ui
"^z Navigable waterways
X
X
X
06 Noise control and abatement
y
X
^ Parks, forests, trees and out-
door
»
X
X
Kj recreation areas
Q Pesticides
X
X
1^ Radiation and radiological health
-
X
X
X
X
X
NJ Regional comprehensive planning
X
X
^ Rodent control
X
u
^ Sanitation and waste systems
X
Lft Shellfish sanitation
X
M Soil and plant life, sedimentation, ero-
^ sion,
X
X
X
»^j a|id.hvdrplo"i£ conditions
^ ToxicliiaferS^
X
X
X
■w
^ Transportah'on and handling of hazardous
X
X
KJ Water quality and water
"C pollution control
M
Ui
O l^ish and wildlife
t^
^
CJ Activities with special impact on regional juris-
"* dictions
lO
J^ Water project formulation
At
W Geothermal energy
tJ Oil and petroleum develop-
ment.
'
^^ Statewide land usi^patlerns
^ Open Space policy
M
y Statewide overview — cumulative impact of
separate proiects
X
W Seismic Hazards
Page 714.14
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15387
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X
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X
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X
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Coastal areas, wetlands, estuaries, waterfowl
refuges and beaches
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|j^ Congestion in urban areas, housing and
building displacement
>«
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K
X
X
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^ Electric energy generation and supply
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>4 Environmental effects with special
im-
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X
X
X
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-_ pact in low-income neighborhoods
09 r mod plains ann watersheds
<0 Food additives and food sanitation
X
X
X
^
^ Herbicides
M
K
X
N3
N3
— < Historic and archaeological sites
Tl
X
X
1,^ Human ecology
M
X
u
(jt Microbiological contamination
X
X
K
X
^ Mineral land reclamation
r
X
Ol
X
X
hi
rj Natural gas energy development
generation and supply
5^
^ Navigable airways
S
X
X
z.
lO
X
"^ Navigable waterways
^
** Noise control and abatement
X
X
X
X
X
ti
^
X
^ Parks, forests, trees and out-
door
X
X
X
X
lO ;£creatjon areas
g Pesticides
K
X
z.
^ Radiation and radiological health
K
>r
X
X
M
X
X
X
jT
M
><
X
INS
NJ Regional comprehensive planning
X
X
U Rodent control
M
K
X
CO
X
z
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4k. Sanitation and waste systems
X
X
"^ Shellfish sanitation
»•
X
X
X
X
K
t.
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iv> Soil and plant life, sedimentation, ero-
^ sion,
X
X
X
X
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j^j and hydrolo|ic tondihons
*«l Toxic materials
X
X
X
,j0 Transportation and handling of hazardous
materials
X
K
X
X
z
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■* Water quality and water pollution control
■
•o
X
X
"Z
'si
O Fish and wildlife
»
S
X
z
U Activities with special impact on regional juris-
-' dictions
M
X
S
X
X
fr.
X
U
K) Water project formulation
M
M
X
X
X
X
^
^j Geothermal energy
K>
K
X
X
K
JjJ Oil and petroleum develop-
ment, . - ...
M
K
X
X
K
U> generation and supply
^ Statewide land use patterns
»
n
M
K
X
ls>
sg
iVl
Ch Open Space policy
M
X
Jj* Statewide overview — cumulative impact of
separate projects
M
X
M
53
s
fp Seismic Hazards
Page 714.14(a)
Register 2005, No. 40; 10-7-2005
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix B
Footnotes
No.
1. Food and Agriculture — Effects on plants and animals.
2. Food and Agriculture — Protection of food and fiber.
3. Food and Agriculture — Agricultural, dairy and feed lot systems.
4. Food and Agriculture — As pertains to transportation, handling, storage and de-
contamination of pesticides.
5. Food and Agriculture — Pesticide effects, predatory animal control, bird con-
trol.
6. California Highway Patrol — Enforcement of motor vehicle regulations.
7. Health Ser\'ices — Beach sanitation, water pollution, solid waste and mosquito
control.
8. Health Services — Pertains to health component.
9. Health Seii'ices — Most of these are strongly related to health.
10. Health Sen'ices — Pertains to noise.
1 1 . Health Sen'ices — Pertains to personal and environmental health components.
12. Health Serx'ices — As it may pertain to human health hazards.
13. Health Sen'ices — Pertains to coinprehensive health planning.
14. Colorado River Board — As pertains to the Colorado, New and Alamo Rivers.
15. Fish and Game — As field development and distribution systems may affect
fish and wildlife.
16. Fish and Game — As may affect migrating and resident wildlife.
17. Fish and Game — As excessive noise may affect wildlife.
18. Fish and Game — As water quality may affect fish and wildlife.
19. Parks and Recreation — In impacted areas only.
-In areas of Board's jurisdiction only — the Sacramento-
-As may pertain to water quality.
20. Reclamation Board-
San Joaquin Valley.
2 1 . State Water Resources Control Board-
22. Forestry — With respect to forest land.
23. Forestry — (6) and (32) — As related to fire protection or State (fire protection)
responsibility land.
lA.Air Resources Board— {A), (22), (32), (33), and (36)— As may pertain to resi-
dential, commercial, industrial or transportation growth.
25. San Francisco Bay Consei-vation and Development Commission — (3), (17),
(19), and (30) — With respectto San Francisco Bay, Suisun Bay and adjacent shore
areas.
26. California Coastal Commission— 0). (4), (6), (8), (11), (12), (14), (15), (17).
(19), (22), (23), (26), (29), (30), (31), (34), (35), and (36)— With respect to effects
within the California Coastal Zone.
27. California Tahoe Regional Planning Agency — With respect to effects in the
Tahoe Basin.
28. Native American Heritage Commission — With respect to places of special reli-
gious or social significance to Native Americans including archaeological sites,
cemeteries, and places of worship.
Note: Authority cited: Secfion 21083, Public Resources Code. Reference: Sec-
tions 21080.3, 21080.4, 21104, and 21 153, Public Resources Code.
History
1 . Amendment of Appendix B filed 12-15-73 as an emergency; effective upon fil-
ing. Certificate of Compliance included (Register 73, No. 50).
2. Amendment of Appendix B filed 10-8-76; effective thirtieth day thereafter
(Register 76, No. 41). NOTE: Order designated that compliance with this
amendment is authorized but not mandatory before 1-1-77.
3. Amendment of Appendix B and Footnotes filed 5-8-80; effective thirtieth day
thereafter (Register 80, No. 19).
Page 714.14(b)
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15387
Appendix C
Notice of Completion & Environmental Document Tra
ouse, P.O. Box 3044, Sacramento, CA 95812-3044
insmittal
For U.S. Mail: State Clearingh
SCH#
For Hand Deliveiy/Street Add
ress:
1400 Tenth Street, Sacramento
CA 95814
Project Title:
Lead Agency:
Con
Phoi
tact Person:
Mailing Address:
le;
City:
Zip:
County:
Project Location:
County:
City/Nearest Community:
Total Acres:
Cross Streets:
Zip Code:
Assessor's Parcel No.
Section:
Twp
.
Range:
Base:
Within 2 miles: State Hwy#:
Waterways:
Airports:
Railways;
Schools: _
Document Type:
CEQA:
NEPA:
Other:
D NOP
D
Draft EIR
D
NOI
D
Joint Document
D Early Cons
D
Supplement to EIR
D
EA
D
Final Document
D Neg Dec
D
Subsequent EIR
D
Draft EIS
D
Other:
D Mit Neg Dec
n
Other
D
FONSI
Local Action Type:
D General Plan Update
D
Master Plan
D
Use Permit
D
Coastal Permit
D General Plan Amendment
D
Planned Unit Development
D
Land Division (Subdivision, etc.)
D
Other:
D General Plan Element
D
D
Site Plan
Rezone
D
D
Annexation
Redevelopment
n Community Plan
D Specific Plan
D
Prezone
Development Type:
\Z] Residential: Units
Acres
□
Water Facilities:
Type
MGD
n Office: Sg. ft.
Acres Employees
D
Transportation:
Type
n Commercial: Sq.ft.
Acres Employees
D
Mining:
Mineral
D Industrial: Sc/.fi.
Acres Employees
D
Power:
Type
MW
D Educational
D
Waste Treatment:
Type
MGD
n Recreational
□
Hazardous Waste:
Other:
Type
Project Issues That May Have A Significant Or Potentially Significant Impact:
n Aesthetic/Visual
D
Economic/Jobs
D
Public Services/Facilities
□
Traffic/Circulation
D Agricultural Land
D
Fiscal
D
Recreation/Parks
D
Vegetation
D Air Quality
D
Flood Plain/Flooding
D
Schools/Universities
□
Water Quality
D Archeological/Historical
D
Forest Land/Fire Hazard
D
Septic Systems
D
Water Supply/Groundwater
D Biological Resources
D
Geologic/Seismic
D
Sewer Capacity
D
Wetland/Riparian
n Coastal Zone
D
Minerals
D
Soil Erosion/Compaction/Grading
D
Growth Inducement
n Drainage/Absorption
D
Noise
D
Solid Waste
D
Land Use
D
Population/Housing Balance
D
Toxic/Hazardous
D
Cumulative Effects
Other
Page 714.14(c)
Register 2005, No. 40; 10-7-2005
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix C
Notice of Completion & Environmental Document Transmittal (continued)
Present Land Use/Zoning/General Plan Designation:
Project Description: (please use a separate page if necessary)
NOTE: The State Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice
or Preparation or previous draft document) please fdl in.
Reviewing Agenices Checklist
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below.
Air Resources Board
Boating & Waterways, Department of
California Highway Patrol
Caltrans District #
Caltrans Division of Aeronautics
Caltrans Planning
Coachella Valley Mountains Conservancy
Coastal Commission
Colorado River Board
Conservation, Department of
Corrections, Department of
Delta Protection Commission
Education, Department of
Office of Public School Construction
Energy Commission
Fish & Game Region #
Food & Agriculture, Department of
Forestry & Fire Protection
General Services, Department of
Health Services, Department of
Housing & Community Development
Integrated Waste Management Board
Native American Heritage Commission
Office of Emergency Services
Office of Historic Preservation
Parks & Recreation
Pesticide Regulation, Department of
I*ublic Utilities Commission
Reclamation Board
Regional WQCB#
Resources Agency
S.F. Bay Conservation & Development Commission
San Gabriel & Lower Los Angeles Rivers
& Mountains Conservancy
San Joaquin River Conservancy
Santa Monica Mountains Conservancy
State Lands Commission
SWRCB: Clean Water Grants
SWRCB: Water Quality
SWRCB: Water Rights
Tahoe Regional Planning Agency
Toxic Substances Control, Department of
Water Resources, Department of
Other:
Other:'
Local Public Review Period (to be filled in by lead agency)
Starting Date
Ending Date
Lead Agency (Complete if applicable):
Consulting Firm:
Address:
Applicant:
Address:
City/State/Zip: _
City/State/Zip:
Contact:
Phone: ( )
Phone: (
Signature of Lead Agency Representative_
Date;
Revised 2005
Note-. Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tion 21161, Public Resources Code.
History
1 . Amendment of Appendix C filed 12-14-73 as an emergency; effective upon fil-
ing. Certificate of Compliance included (Register 73, No. 5).
2. Amendment of Appendix C filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5).
Repealer and new appendix filed 9-7-2004; operative 9-7-2004 pursuant to
Public Resources Code section 21083(e) (Register 2004, No. 37).
Change without regulatory effect repealing and adopting new Appendix C and
amending Note filed 10-6-2005 pursuant to secfion 100, title 1, California
Code of Regulations (Register 2005, No. 40).
Page 714.14(d)
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15387
•
Appendix D
Notice of Determination
TO:
□ Office of Planning and Research
For U.S. Mail:
F'.O. Box 3044
Sacramento, CA 95812-3044
□ County Clerk
County of;
Street Address:
1400 Tenth Street
Sacramento, CA 95814
Address:
FROM:
Public Agency:_
Address:
Contact:
Phone:
Lead Agency (if different from above):
Address:
Contact:
Phone:
SUBJECT: Filing of Notice of Determination in compUance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):
Project Title:
Project Location (include county):
Project Description:
This is to advise that the
project on
has approved the above described
(D Lead Agency or □ Responsible Agency)
and has made the following determinations regarding the above described project:
(Date)
The project [D will D will not] have a significant effect on the environment.
□ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
D A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
Mitigation measures [D were D were not] made a condition of the approval of the project.
A mitigation reporting or monitoring plan [D was D was not] adopted for this project.
A statement of Overriding Considerations [D was D was not] adopted for this project.
Findings [D were D were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to the Gener-
al Public at:
Signature (Public Agency)
Date:
Title:
Date Received for filing at OPR:
Revised 2005
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
lions 21000-21 174, Public Resources Code.
History
1 . New Appendix D filed 12-14-73 as an emergency; effective upon filing. Certif-
icate of Compliance included (Register 73, No. 50).
2. Repealer and new Appendix D filed 1-3-75; designated effective 4-1-75 (Reg-
ister 75, No. 1).
3. Amendment filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).
4. Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No.
19).
5. Amendment of Appendix D filed 1-30-86; effective thirtieth day thereafter
(Register 86, No. 5).
6. Amendment filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources
Code section 21083(e) (Register 2004, No. 37).
7. Change without regulatory effect repealing and adopting new Appendix D and
amending Note filed 10-6-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 40).
Page 714.14(e)
Register 2005, No. 40; 10-7-2005
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix E
Project Location — City
Project Location — County
Notice of Exemption
TO: □ Office of Planning and Research FROM:
1400 Tenth Street
Sacramento, California 95814
□ County Clerk
County of
Project Title
Project Location — Specific
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out Project
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption. State type and section number:
•
[The next page is 714.15.]
Page 714.14(f)
Register 2005, No. 40; 10-7-2005
Title 14
Resources Agency
§ 15387
Reasons why project is exempt:
Contact Person
Area Code Telephone Extension
11" filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approv-
ing the project?
Yes No
Date Received for Filing
Signature
Title
Note: Authority cited: Sections 2 1083 and 21087, Public Resources Code. Refer-
ence: Sections 21 108, 21 152 and 21 167, Public Resources Code.
History
1. New Appendix - filed 3-26-74 as an emergency; effective upon filing (Register
74, No. 13).
2. Certificate of Compliance filed 6-26-74 (Register 74, No. 26).
3. Amendment filed 1-3-75; designated effective 4-1-75 (Register 75, No. 1).
4. Amendment of Appendix = filed 1-30-86; effecfive thirtieth day thereafter
(Register 86, No. 5).
5. Change without regulatory effect amending Note filed 7-22-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 30).
Appendix F
Energy Conservation
I. Introduction
The goal of conserving energy implies the wise and efficient use of en-
ergy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on natural gas and oil, and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project de-
cisions, the California Environmental Quality Act requires that EIRs in-
clude a discussion of the potential energy impacts of proposed projects,
with particular emphasis on avoiding or reducing inefficient, wasteful
and unnecessary consumption of energy.
Energy conservation implies that a project's cost effectiveness be re-
viewed not only in dollars, but also in terms of energy requirements. For
many projects, lifetime costs may be determined more by energy effi-
ciency than by initial dollar costs.
II. EIR Contents
Potentially significant energy implications of a project should be con-
sidered in an EIR. The following list of energy impact possibilities and
potential conservation measures is designed to assist in the preparation
of an EIR. In many instances specific items may not apply or additional
items may be needed.
A. Project Description may include the following items:
1. Energy consuming equipment and processes which will be used
during construction, operation and/or removal of the project. If appropri-
ate, this discussion should consider the energy intensiveness of materials
and equipment required for the project.
2. Total energy requirements of the project by fuel type and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
5. Total estimated daily trips to be generated by the project and the ad-
ditional energy consumed per trip by mode.
B. Environmental Setting may include existing energy supplies and
energy use patterns in the region and locality.
C. Environmental Impacts may include:
1 . The project' s energy requirements and its energy use efficiencies by
amount and fuel type for each stage of the project's life cycle including
construction, operation, maintenance and/or reinoval. If appropriate, the
energy intensiveness of materials maybe discussed.
2. The effects of the project on local and regional energy supplies and
on requireinents for additional capacity.
3. The effects of the project on peak and base period demands for elec-
tricity and other forms of energy.
4. The degree to which the project complies with existing energy stan-
dards.
5. The effects of the project on energy resources.
6. The project's projected transportation energy use requirements and
its overall use of efficient transportation alternatives.
D. Mitigation Measures may include:
1 . Potential measures to reduce wasteful, inefficient and unnecessary
consumption of energy during construction, operation, maintenance and/
or removal. The discussion should explain why certain measures were in-
corporated in the project and why other measures were dismissed.
2. The potential of siting, orientation, and design to minimize energy
consumption, including transportation energy.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy systems.
5. Energy conservation which could result from recycling efforts.
E. Alternatives should be compared in terms of overall energy con-
sumption and in terms of reducing wasteful, inefficient and unnecessary
consumption of energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient and
unnecessary consumption of energy during the project construction, op-
eration, maintenance and/or removal that cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a discussion of
how the project preempts future energy development or future energy
conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared by
calculating the energy costs over the lifetime of the project.
I. Growth Inducing Effects may include the estimated energy con-
sumption of growth induced by the project.
Note: Authority cited: Sections 21 083 and 21087, Public Resources Code. Refer-
ence: Sections 21000-21 176. Public Resources Code.
History
1. New Appendix F filed 12-31-74 as an emergency; designated effective 1-7-75
(Register 75, No. 1).
2. Certificate of Compliance filed 4-29-75 (Register 75, No. 18).
3. Repealer and new Appendix F filed 10-8-76; effective thirtieth day thereafter
(Register 76, No. 41 ). NOTE: Order designates that compliance with this appen-
dix is authorized but not mandatory before 1-1-77.
4. Amendment of Section II filed 5-8-80; effective thirtieth day thereafter (Regis-
ter 80, No. 19).
5. Change without regulatory effect amending section II.D.2. filed 2-1-2001 pur-
suant to section 100, fitle 1, California Code of Regulations (Register 2001, No.
5).
Page 714.15
Register 2003, No. 30; 7-25-2003
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix G
Environmental Checklist Form
1. Project title:
•
2. Lead agency name and address:
3. Contact person and phone number:
4. Project location:
5. Project sponsor's name and address:
6. General plan designation:
7. Zoning:
8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support,
or off-site features necessary for its implementation. Attach additional sheets if necessary.)
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
Page 714.16
Register 2003, No. 30; 7-25-2003
Title 14 Resources Agency § 15387
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Signifi-
cant Impact" as indicated by the checklist on the following pages.
l—l Aesthetics •— I Agriculture Resources I— » Air Quality
CH Biological Resources [U Cultural Resources IZI Geology/Soils
□ Hazards & Hazardous Materials LJ HydrologyAVater Quality L I Land Use/Planning
□ Mineral Resources C] Noise LJ Population/Housing
□ Public Services □ Recreation D Transportation/Traffic
|~1 Utilities/Service Systems D Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I 1 I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I I I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.
A MITIGATED NEGATIVE DECLARATION will be prepared.
I — I I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I I I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated"
impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I I I find that although the proposed project could have a significant effect on the environment, because all potenUally significant
effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and
(b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is required.
Signature Date
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead;
agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"
answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive
receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumuladve as well as project-level, indirect
as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact
is potenfially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there
is substantial evidence that an effect may be significant. If there are one or more "Potenfially Significant Impact" entries when the determinafion
is made, an EIR is required.
4) "Negative Declarafion: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigafion measures has re-
duced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mifigation mea-
sures, and briefly explain how they reduce the effect to a less than significant level (mitigafion measures from "Earlier Analyses," as described
in (5) below, may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in
an earlier EIR or negafive declaration. Section 15063(c)(3)(D). In this case, a brief discussion should idenfify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately ana-
lyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mifigafion
based on the earlier analysis.
Page 714. 1 7 Register 2001, No. 5; 2 -2 -2001
§ 15387 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitiga-
tion measures which were incorporated or refined from the earlier document and the extent to which they address site-specific
conditions for tlie project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning
ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discus-
sion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions
from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
Page 714.18 Register 2001, No. 5; 2-2-2001
Title 14
Resources Agency
§ 15387
SAMPLE QUESTION:
'Issues:
L AESTHETICS— Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
Potentially
Significant
Impact
Less Than
Significant
Vith
Mitigation
Incoiporated
Less Than
Significant
Impact
No
Impact
D
D
D
D
D
D
n
D
D
n
D
D
d D
D
D
D
II. AGRICULTURE RESOURCES: In determining whether
impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997) prepared
by the California Dept. of Conservation as an optional model
to use in assessing impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of j I
Statewide Importance (Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program
of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a r~]
Williamson Act contract?
c) Involve other changes in the existing environment which, due Q
to their location or nature, could result in conversion of Farmland,
to non-agricultural use?
III. AIR QUALITY — Where available, the significance criteria
established by the applicable air quality management or air
pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b)
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial number
of people?
D
Violate any air quality standard or contribute substantially to i — i
an existing or projected air quality violation?
D
D
D
n
n
n
D
D
D
D
D
D D
D
D
D
D
D
D
D
D
Page 714.19
Register 2(X)1, No
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
IV. BIOLOGICAL RESOURCES— Would the project:
a) Have a substantial adverse effect, either directly or through \_]
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat [_j
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected Q
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any Q
native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting \~\
biological resources, such as a tree preservation policy
or ordinance?
f) Conflict with the provisions of an adopted Habitat I I
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation
plan?
V. CULTURAL RESOURCES— Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS— Would the project:
a) Expose people or structures to potential substantial | |
adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as delineated on r~J
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Pubhcation 42.
D
n
n
D
D
D
D
D
D
D
n
n
n
n
n
n
D
n
n
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Page 714.20
Register 2001. No. 5; 2-2-2001
Title 14
Resources Agency
§ 15387
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide,
lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-i-B
of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste disposal systems
where sewers are not available for the disposal of waste
water?
VII. HAZARDS AND HAZARDOUS MATERIALS—
Would the project:
a) Create a significant hazard to the pubHc or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within
one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing
or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D
n
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
n
D
D
D
D
D
D
D
D
n
D
D
D
D
D
D
D
D
□
D
D
D
D
D
D
n
n
D
D
D
n
D
D
D
n
Page 714.21
Register 2001, No. 5; 2-2-2001
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
Vin. HYDROLOGY AND WATER QUALITY— Would
the project:
a) Violate any water quality standards or waste discharge | |
requirements?
b) Substantially deplete groundwater supplies or interfere lJ
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or
planned uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site | |
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the Q
site or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off-site?
e) Create or contribute runoff water which would exceed Q
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
IX. LAND USE AND PLANNING— Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat conservation plan or Q
natural community conservation plan?
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
n
n
D
D
n
n
n
n
D
n
n
Page 714.22
Register 2001. No. 5; 2-2-2001
Title 14
Resources Agency
§ 15387
•
X. MINERAL RESOURCES— Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
XI. NOISE—
Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general plan
or noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing without
the project?
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels?
Potentially
Significant
Impact
D
D
n
Less Than
Significant
Vith
Mitigation
Incorporated
n
D
D
Less Than
Significant
Impact
D
D
D
No
Impact
D
D
n
D
D
D
D
D
D
D
D
D
D
D
D
n
D
D
D
D
D
D
D
D
D
D
D
XII. POPULATION AND HOUSING— Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or directly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
D
D
D
D
D
D
D
n
D
D
D
Page 714.23
Register 2001, No. 5; 2-2-2WI1
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
Xm. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times
or other performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XIV. RECREATION—
D
D
D
D
n
D
D
D
D
D
□
D
D
D
D
D
n
D
n
D
D
D
D
D
D
D
D
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
XV. TRANSPORTATION/TRAFFIC— Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of I — 1
service standard established by the county congestion management
agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
n
D
D
n
D
D
D
D
D
D
D
D
D
n
D
•
•
Page 714.24
Register 2001, No. 5; 2-2-2001
Title 14
Resources Agency
§ 15387
•
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
n
n
D
n
XVL UTILITIES AND SERVICE SYSTEMS—
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing facilities,
the construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted capacity to Q
accommodate the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations I — I
related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE—
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or
animal or ehminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
D
D
c) Does the project have environmental effects which will cause i — i
substantial adverse effects on human beings, either directly or
indirectly?
n
n
n
D
D
D
n
n
n
D
D
n
D
n
n
n
n
D
D
n
n
n
n
n
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Refer-
ence: Sections 21080(c), 21080.1, 21080.3, 21082.L 21083, 21083.3, 21093,
21094 and 21151, Public Resources Code; Sundstrom v. County of Mendocino,
202 Cal.App.3d 296 (1988); Leonoff v. Monterey Board of Super\nsors, 222
Cal.App.3d 1337 (1990).
History
1. New Appendix G filed 10-8-76; effective thirtieth day thereafter (Register 76,
No 41). NOTE: Order designated that compliance with this appendix is autho-
rized but not mandatory before 1-1-77.
Page 714.25
Register 2001, No. 5; 2-2-2001
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Amendment of subsections (n) and (o) filed 2-2-78; effective thirtieth day
thereafter (Register 78, No. 5).
3. Amendment of subsections (j) and (v) and new subsections (y) and (z) filed
5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
4. Amendment of first paragraph and subsection (c) filed 5-27-97; operative
5-27-97 pursuant to Govermnent Code section 11343.4(d) (Register 97, No.
22).
5. Repealer of former Appendix G and relettering and amendment of former Ap-
pendix I to new Appendix G filed 10-26-98; operative 10-26-98 pursuant to
Public Resources Code section 21087 (Register 98, No. 44).
6. Change without regulatory effect amending Appendix G filed 2-1-2001 pur-
suant to section 100, title 1, California Code ofRegulations (Register 2001, No.
5).
Appendix H
Environmental Information Form
(To be completed by applicant)
Date Filed
GENERAL INFORMATION
1 . Name and address of developer or project sponsor:
2. Address of project:
Assessor's Block and Lot Nuinber
3. Name, address, and telephone number of person to be contacted
concerning this project:
4. Indicate number of the permit application for the project to which
this form pertains:
5. List and describe any other related permits and other public approv-
als required for this project, including those required by city, regional,
state and federal agencies:
6. Existing zoning district:
7. Proposed use of site (Project for which this form is filed):
PROJECT DESCRIPTION
8. Site size.
9. Square footage.
10. Number of floors of construction.
1 1 . Amount of off-street parking provided.
12. Attach plans.
13. Propose scheduling.
14. Associated projects.
15. Anticipated incremental development.
16. If residential, include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household size expected.
17. If commercial, indicate the type, whether neighborhood, city or re-
gionally oriented, square footage of sales area, and loading facilities.
18. If industrial, indicate type, estimated employment per shift, and
loading facilities.
19. If institutional, indicate the major function, estimated employment
per shift, estimated occupancy, loading facilities, and community bene-
fits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning
application, state this and indicate cleariy why the application is required.
Are the following items applicable to the project or its effects? Discuss
below all items checked yes (attach additional sheets as necessary).
YES NO
21. Change in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration of ground
contours.
22. Change in scenic views or vistas from existing residential
areas or public lands or roads.
23. Change in pattern, scale or character of general area of
project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in vicinity.
26. Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of existing drainage patterns.
27. Substantial change in existing noise or vibration levels in
the vicinity.
28. Site on filled land or on slope of 10 percent or more.
29. Use of disposal of potentially hazardous materials, such
as toxic substances, flammables or explosives.
30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.).
31. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
32. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project, including
information on topography, soil stabiUty, plants and animals, and any
cultural, historical or scenic aspects. Describe any existing structures on
the site, and the use of the structures. Attach photographs of the site.
Snapshots or polaroid photos will be accepted.
34. Describe the surrounding properties, including information on
plants and animals and any cultural, historical or scenic aspects. Indicate
the type of land use (residential, commercial, etc.), intensity of land use
(one-family, apartment houses, shops, department stores, etc.), and scale
of development (height, frontage, set-back, rear yard, etc.). Attach pho-
tographs of the vicinity. Snapshots or polaroid photos will be accepted.
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and information re-
quired for this initial evaluation to the best of my ability, and that the
facts, statements, and information presented are true and correct to the
best of my knowledge and belief.
Date
(Signature)
For
Note: This is only a suggested form. Public agencies are free to devise their own
format for initial studies.)
Note: Authority cited; Sections 21083 and 21087, Public Resources Code. Refer-
ence: Sections 21000-21 176, Public Resources Code.
History
1 . New Appendix H filed 10-8-76; effective thirtieth day thereafter (Register 76,
No. 40). NOTE: Order designates that compliance with this appendix is autho-
rized but not mandatory before 1-1-77.
2. Amendment filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5).
Appendix I
TO:
(Responsible Agency)
Notice of Preparation
FROM:
(Lead Agency)
(Address)
(Address)
SUBJECT: Notice of Preparation of a Draft Environmental Impact
Report
will be the Lead Agency and will prepare an
environmental impact report for the project identified below. We need to
know the views of your agency as to the scope and content of the environ-
mental information which is germane to your agency's statutory respon-
sibilities in connection with the proposed project. Your agency will need
to use the EIR prepared by our agency when considering your permit or
other approval for the project.
The project description, location, and the probable environmental ef-
fects are contained in the attached materials. A copy of the Initial Study
□ is, □ is not, attached.
Due to the time limits mandated by State law, your response must be
sent at the earliest possible date but not later than 30 days after receipt of
this notice.
•
Page 714.26
Register 2001, No. 5; 2-2-2001
•
Title 14 Resources Agency § 15387
Please send your response to at the address Reference: California Administrative Code, Title 14, Sections 13035.7, 15054.3,
shown above. We will need the name for a contact person in your agency. 15066.
Project Title: History
Project Aonlicant if any ' • ^^^PC'^'^i' s"'' "^w Appendix ] filed 8-19-94; operative 9-19-94 (Register 94,
^ ' No. 33). For prior history, see Register 80, No. 19.
_. 2. Relettering of former Appendix 1 to Appendix G and relettering of former Ap-
^^^^^ pendix .1 to new Appendix ] filed 10-26-98; operative 10-26-98 pursuant to
Telephone Public Resources Code section 21087 (Register 98, No. 44).
Page 714.27 Register 2001, No. 5; 2-2-2001
§ 15387
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
FIRST TIER EIR
(15152)
Later Project
EIR
STAGED EIR
(15167)
Appendix J
Examples of Tiering EIR's
• project encompasses separate but related projects such as general plan, zoning, develop-
ment
• later tiers move from general to specific analysis of projects
• later project is consistent with general plan or zoning
• initial study must examine significant effects not covered in prior EIR
• later EIR must state lead agency is using tiering concept and must comply with section
15152
• one large project will require a number of discretionary approvals from govt, agencies
and one of those approvals will occur more than two years before constaiction com-
mences
Supplement to the
Staged EIR
supplements to the staged EIR are prepared for later government agency approvals on
the same overall project if information available at the time of that later approval would
permit consideration of additional environmental impacts, mitigation measures or rea-
sonable alternatives
PROGRAM EIR
(15168)
Subsequent Project
EIR
MASTER EIR
(15175)
Focused EIR
(15177)
series of actions or activities that can be characterized as one large project and are related
either:
geographically
as logical parts of a change of activities
in connection with rules, regulations, plans or other general criteria governing a continu-
ing program
as individual activities carried out under common authority (statutory or regulatory) and
having similar environmental effects which can be mitigated in similar ways
only if subsequent activity has effects not examined in the previously certified program
EIR will additional environmental documentation be required (if subsequent activity has
no new effects, that activity is covered by the program EIR)
alternative to project, staged, or program EIR
can be used for:
- general plan (or gen. plan element, amendment, or update)
- redevelopment plan projects (public or private)
- project consisting of phases or smaller individual projects
- other activities described in 15175
after five years from initial certification, adopting authority must review the Master EIR
and prepare subsequent or supplemental EIR if substantial changes have occurred with
resepct to circumstances under which the original Master EIR was adopted
no new EIR is required for subsequent projects within the scope of the Master EIR
which cause no additional significant effect
a subsequent. Focused EIR is required only where:
- substantial new/additional information shows adverse environmental effects not ex-
amined in Master EIR or more significant than described in EIR, or
- substantial new/additional information shows mitigation measures previously deter-
mined to be infeasible are now feasible and will avoid/reduce the significant effects to
a level of insignificance
Page 714.28
Register 2001, No. 5; 2-2-2001
Title 14
Resources Agency
§ 15387
SPECIAL SITUATIONS/EIRs
Multiple-family residential development/residential and commercial or retail mixed-use development (PRC 21158.5 and Guideline
§ 15179.5)
• project is multiple-family residential development up to 100 units oris a residential and commercial or retail mixed-use development of not more
than 100,000 square feet
• if project complies with procedures in section 21 158.5, only a focused EIR need be prepared, notwithstanding the fact that the project wasn't identi-
fied in the Master EIR
Redevelopment Project (15180)
• all public and private activities or undertakings in furtherance of a redevelopment plan (public or private) constitute a single project
• the redevelopment plan EIR is treated as a program EIR
• no subsequent EIR is required for individual components of the redevelopment plan unless substantial changes or substantial new information trig-
gers a subsequent EIR or supplement to an EIR pursuant to (sections 15162 or 15163)
Housing/neighborhood commercial facilities (15181)
• a project involving construction of housing or neighborhood commercial facilities in an urbanized area
• a prior EIR for a specific plan, local coastal program, or port master plan may be used as the EIR for such a project (no new EIR need be prepared)
provided section 15181 procedures are complied with
Projects Consistent with Community Plan, General Plan, or Zoning (15183)
• a project which is consistent with a community plan adopted as part of a general plan or zoning ordinance or a general plan of a local agency and
where there was an EIR certified for the zoning action or master plan
• the EIR for the residential project need only examine certain significant environmental effects, as outlined in section 15183
Regulations on Pollution Control Equipment (PRC section 21 159)
• section 21 159 requires environmental analysis of reasonably foreseeable methods of compliance at the time of adoption of rule or regulation requir-
ing the installation of pollution control equipment
• an EIR prepared at the time of adoption of the rule or regulation is deemed to satisfy the requirement of section 21 159
Installation of Pollution Control Equipment (PRC section 21 159.1)
• a focused EIR is permitted where project 1) consists solely of installation of pollution control equipment; 2) is required by rule or regulation adopted
by the State Air Resources Board, an air pollution control district or air quality management district, the State Water Resources Control Board,
a California regional water quality control board, the Dept. of Toxic Substances Control, or the California Integrated Waste Management Board;
and 3) meets the procedural requirements outlined in section 21159.1
History
1. New Appendix J filed 2-2-78; effective thirtieth day thereafter (Register 78,
No. 5).
2. Reiettering of former Appendix J to Appendix I and new Appendix J filed
10-26-98; operative 10-26-98 pursuant to Public Resources Code section
2]087(Register98, No. 44).
Appendix K
Criteria for Shortened Clearinghouse Review
Under exceptional circumstances, and when requested in writing by
the lead agency, the State Clearinghouse in the Office of Planning and
Research (OPR) may shorten the usual review periods for proposed neg-
ative declarations, mitigated negative declarations and draft EIRs sub-
mitted to the Clearinghouse. A request must be made by the decision-
making body of the lead agency, or by a properly authorized
representative of the decision-making body.
A shortened review period may be granted when any of the following
circumstances exist:
(1) The lead agency is operating under an extension of the one-year
period for completion of an EIR and would not otherwise be able to com-
plete the EIR within the extended period.
(2) The public project apphcant is under severe time constraints with
regard to obtaining financing or exercising options which cannot be met
without shortening the review period.
(3) The document is a supplement to a draft EIR or proposed negative
declaration or mitigated negative declaration previously submitted to the
State Clearinghouse.
(4) The health and safety of the community would be at risk unless the
project is approved expeditiously.
(5) The document is a revised draft EIR, or proposed negative declara-
tion or mitigated negative declaration, where changes in the document
are primarily the result of comments from agencies and the public.
Shortened review cannot be provided to a draft EIR or proposed nega-
tive declaration or mitigated negative declaration which has already be-
gun the usual review process. Prior to requesting shortened review, the
lead agency should have already issued a notice of preparation and re-
ceived comments from applicable State agencies, in the case of an EIR,
or consulted with applicable State agencies, in the case of a proposed neg-
ative declaration or mitigated negative declaration.
No shortened review period shall be granted unless the lead agency has
contacted and obtained prior approval for a shortened review from the
applicable state responsible and trustee agencies. No shortened review
shall be granted for any project which is of statewide, regional, or area-
wide significance, as defined in Section 15206 of the guideHnes.
History
1 . New Appendix K filed 7-1 3-83; effective thirtieth day thereafter (Register 83,
No. 29).
2. Editorial correcfion of 7-13-83 order redesignating effective date to 8-1-83
filed 7-14-83 (Register 83. No. 29).
3. Repealer of Appendix K and reiettering of former Appendix L to new Appendix
K filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code sec-
fion 21087 (Register 98, No. 44).
Page 714.29
Register 2006, No. 30; 7-28-2006
§ 15411
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Appendix L
Notice of Completion of Draft EIR
Project Title
Project Location — Specific
Project Location — City
Project Location — County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency _
Division
Address Where Copy of EIR is Available
Review Period
Contact Person
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sec-
tions 21092, 21 152 and 21 153, Public Resources Code.
History
1. New Appendix L filed 9-7-2004; operative 9-7-2004 pursuant to Public Re-
sources Code section 21083(e) (Register 2004, No. 37). For prior history, see
Register 98, No. 44.
2. Change without regulatory effect amending Note filed 10-6-2005 pursuant to
section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Chapter 4.
Resources Agency-
Interest Code
-Conflict of
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409(a), that the printing of the regulations constituting the Conflict
of Interest Code is impractical and these regulations being of limited and
particular application, these regulations are not published in full in the
California Code of Regulations. The regulations are available to the pub-
lic for review or purchase at cost at the following locations:
RESOURCES AGENCY
1416 NINTH STREET, ROOM 1311
SACRAMENTO, CALIFORNIA 95814
FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814
Area Code
Phone Extension
ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 4, Division 6
of Title 14 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 4. Resources Agency — Conflict of Interest Code
Section
1541 1 . General Provisions
Appendix
NoTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Sections 87300 et seq.. Government Code.
History
1. New Chapter 4 (Sections 1541 1-15454, not consecutive) filed 2-2-78; effec-
tive thirtieth day thereafter. Approved by Fair Political Practices Commission
12-7-77 (Register 78, No. 5)
2. Repealer of Chapter 4 (Articles 1-5, Sections 15411-15454, not consecutive)
and new Chapter 4 (Section 1541 1 and Appendix) filed 2-26-81 ; effective thir-
tieth day thereafter. Approved by FairPohtical Practices Commission 12-1-80
(Register 81, No. 9).
3. Amendment of section and appendix filed 11-21-95; operative 12-21-95. Ap-
proved by Fair Political Practices Commission 9-28-95. Submitted to OAL for
printing only (Register 95, No. 47).
4. Amendment of general provisions and appendix filed 7-28-2006; operative
8-27-2006. Approved by Fair Political Practices Commission 5-24-2006
(Register 2006, No. 30).
* * *
Page 714.30
Register 2006, No. 30; 7-28-2006
in.
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 6.3. Office of Planning and Research
Vol. 19
XHOIVISOIM
^ ^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
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Title 14
Office of Planning and Research
Table of Contents
Division 6.3. Office of Planning and Research
Table of Contents
Page
Page
Chapter 1 .
Article 1.
§ 16000.
Article 2.
§ 16001.
Article 3.
§ 16002.
Article 4.
§ 16010.
§ 16011.
§ 16012.
§ 16013.
§ 16014.
Regulations for Designation of
Lead Agency for the Preparation
of Environmental Documents 715
General 715
Authority.
Purpose 715
Purpose.
Pohcy 715
Policy.
Submission of Dispute to
OPR 715
Definitions.
General.
Dispute, What Constitutes.
Public Agency Consultation.
Request for Designation.
§ 16015.
§ 16016.
Article 5.
§ 16020.
§ 16021.
§ 16022.
Article 6.
§ 16030.
§ 16031.
§ 16032.
§ 16033.
§ 16034.
§ 16035.
Article 7.
§ 16040.
§ 16041.
Statement of Contentions: List of
Interested Persons.
Distribution of Statement.
Designation on the
Statements
Designation on the Statements.
Designation: Findings.
Designation: Form.
Hearing
Hearing: When Called.
Presiding Officer.
Order of Proceedings.
Presentations.
Summary of Hearing.
Designation: Findings.
Administrative Record
Administrative Record.
Final Decision.
716
716
717
Page i
(2^t-2000)
Title 14
Office of Planning and Research
§ 16015
Division 6.3.
Office of Planning and
Research
•
Chapter 1. Regulations for Designation of
Lead Agency for the Preparation of
Environmental Documents
Article 1. General
§16000. Authority.
The regulations contained herein are prescribed by the Director of the
Office of Planning and Research pursuant to authority granted inDiv. 13,
Pub. Resources Code and Title 7, Division 1, Chapter 1.5, Gov. Code,
and to implement, interpret or make specific Section 21 165 of the Pub.
Resources Code consistent with the Guidelines for Implementation of the
California Environmental Quality Act of 1970 (Div. 6, Title 14, Cal.
Adm. Code) and to establish criteria and procedures for designation of
the lead agency for the preparation of environmental documents in the
event of a dispute between two or more public agencies.
Note. Authority cited: Section 21082, Public Resources Code and Title 7, Divi-
sion 1, Chapter 1.5, Gov. Code. Reference: Section 21165, Public Resources
Code.
History
1. New Division 6.3 (§§ 16000 through 16041) filed 4-12-74; effective thirtieth
day thereafter (Register 74, No. 5).
2. Amendment filed 1 1-22-78; effective thirtieth day thereafter (Register 78, No.
47).
Article 2. Purpose
§16001. Purpose.
The purpose of these regulations is to specify the criteria and proce-
dures to be followed by the Office of Planning and Research in resolving
lead agency disputes.
Article 3. Policy
§16002. Policy.
It is the policy of the Office of Planning and Research that these regula-
tions implement the principles, objectives and criteria for the designation
of a lead agency specified in the State Guidelines.
Article 4. Submission of Dispute to OPR
§16010. Definitions.
Words used in these regulations, unless otherwise defined, shall have
the meaning ascribed to them in the State Guidelines. In addition, the fol-
lowing definitions not contained in the State Guidelines are used:
(a) State Guidelines means the Guidelines for Implementation of the
California Environmental Quality Act of 1970 adopted by the Secretary
for Resources (Div. 6, Title 14, Cal. Adm. Code Sections 15000-15180).
(b) OPR means the Office of Planning and Research.
(c) Director means the Director of the Office of Planning and Research
or the Director's designee.
(d) Interested Person means pubUc agencies having jurisdiction over
the project, public agencies which approve or comment on the project,
consultants hired with respect to the project, and individuals or groups
known to be interested in the project.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1. Repealer of Article 4 (Sections 16010-16017) and new Article 4 (Sections
16010-16016, not consecutive) filed 1 l-22-78;effective thirtieth day thereaf-
ter (Register 78, No. 47).
§16011. General.
In the event a dispute arises between two or more public agencies as
to which agency shall be a "lead agency" pursuant to the State Guide-
lines, the following procedures and criteria shall apply.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division I,
Chapter 1 .5. Government Code Reference Section 2 11 65, Public Resources Code.
§ 1 601 2. Dispute, What Constitutes.
As used in these regulations, "dispute" means a contested, active dif-
ference of opinion between two or more public agencies as to which shall
prepare environmental documents. A dispute exists where each such
pubhc agency claims that it either has or does not have the obligation to
prepare such environmental documents. OPR will not designate the lead
agency in the absence of such a dispute.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
§ 16013. Public Agency Consultation.
Prior to submission of a request for designation to OPR, the disputing
agencies, or the disputing agencies and the project applicant for a project
described in subdivision (c) of Section 21065 if such applicant requests
the designation, shall consult with each other in an effort to resolve the
dispute pursuant to the State Guidelines. Such consultation should in-
clude efforts to designate a lead agency by agreement. Such agencies or
applicant may request OPR to assist in arranging for this consultation.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
§ 1 601 4. Request for Designation.
A request for designation of the lead agency pursuant to this Article
shall be made in writing to the Director. It shall be signed by an executive
of the public agency making the request, or by the project apphcant for
a project described in subdivision (c) of Section 21065 if such applicant
requests the designation. A complete request shall set forth:
(a) The general nature of the dispute,
(b) The other disputing agencies,
(c) Written information showing that the requesting agency or project
applicant and the other disputing agencies have consulted pursuant to
Section 16013 in an effort to resolve the dispute,
(d) A statement of contentions pursuant to Section 16015 from the
agency or project applicant requesting the designation, and
(e) Written information showing that the agency or applicant request-
ing the designation has given notice in writing to, and such notice has
been received by, all disputing agencies and the project applicant, stating
that; i) the dispute is being submitted to OPR for resolution; and that, ii)
each disputing agency is required to prepare and send a statement of con-
tentions to OPR within 10 days after receipt of such notice.
OPR may require as a part of the application that notice of the request
be published in newspapers of general circulation where the lead agency
dispute exists. Such notice may allow for submission of written com-
ments on or before a specified date, and it may also state whether or not
a hearing will be held, and may specify the time and place of the hearing.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
§ 1 601 5. Statement of Contentions: List of Interested
Persons.
(a) In the event that the lead agency dispute is not resolved by consulta-
tion pursuant to Section 16013, and upon a request for designation made
pursuant to Section 16014, the Director shall require a statement of con-
tentions from each disputing agency and from the project applicant if re-
questing the designation, and may require a statement of contentions
from the project applicant if not requesting the designation.
Page 715
(4-1-90)
§ 16016
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) Each disputing agency shall prepare a writien statement of conten-
tions in support of its claim as to which agency should or should not be
the lead agency. The statement shall contain the following information:
(1) A description of the project.
(2) A description of the agency's responsibility for constaicting, ap-
proving, supervising, and financing the project as a whole.
(3) Citation of the agency's general governmental powers relating to
the project.
(4) Data outlining all aspects of the agency's relationship to the proj-
ect.
(5) The date the agency first undertook formal action, if any, on the
project and a chronology of actions taken and to be taken concerning the
project.
(6) A list of all interested persons who might comment on the project.
(7) Such other information as the Director may require.
(c) The project applicant requesting the designation, or a project appli-
cant required by the Director pursuant to subdivision (a), shall prepare
a written statement of contentions which shall contain the following in-
formation:
(1 ) A description of the project.
(2) A list of all interested persons who might comment on the project.
(3) A brief statement as to which disputing agency, if any, the applicant
believes is appropriate to adequately fulfill the requirements of CEQA
and complies with the lead agency criteria set forth in State Guidelines
Section 15065, and the applicant's reasons in support thereof.
(4) Such other information as the Director determines would assist in
designating the appropriate lead agency.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
§ 1 601 6. Distribution of Statement.
Each disputing agency shall mail a copy of the statement of conten-
tions to all other disputing agencies, to the applicant, and to OPR within
10 calendar days after the agency receives the notice specified in Section
16014. If an agency requested the designation, the agency shall mail such
statement to all other disputing agencies and to the applicant when the
agency submits a completed request to OPR. Each disputing agency shall
make such statement or an informative summary thereof available to all
interested persons upon request. If an informative summary is used, in-
terested persons shall be given the full statement of contentions upon re-
quest.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
Article 5. Designation on the Statements
§ 16020. Designation on the Statements.
The Director may designate a lead agency on the basis of the com-
pleted requests and written statements, or may require a hearing. The Di-
rector may request additional written information from any disputing
agency, applicant, or interested person without extending the time period
for designation provided in Section 16021. Written notice of such request
shall be given to all disputing agencies and the project applicant if the
applicant has been required to submit a statement of contentions.
Note. Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1 . Amendment filed 1 1-22-78; effective thirtieth day thereafter (Register 78, No.
47).
§ 16021. Designation: Findings.
In making a designation of lead agency, the Director shall find which
of the disputing agencies is most appropriate to carry out the obligations
of a lead agency. In making this finding, the Director shall consider the
capacity of each such agency adequately to fulfill the requirements of
CEQA. In addifion, the Director shall consider the lead agency criteria
set forth in the State Guidelines Section 15065. Generally, such criteria
will control unless the Director finds that another agency has greater ca-
pacity to carry out the requirements of CEQA. The designation shall be
made within 21 calendar days of receipt by OPR of the completed request
for designation.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1. Amendment filed 1 1-22-78; effecfive thirtieth day thereafter (Register 78, No.
47).
§ 16022. Designation: Form.
The designafion shall be in writing and it shaU be published in the Cali-
fornia EIR Monitor and made available to all public agencies involved
in the dispute and to all interested persons. The designafion shall name
the lead agency and it shall include findings upon which the designafion
is made. It shall be signed by the director.
Article 6. Hearing
§16030. Hearing: When Called.
If the Director finds on the basis of consultation pursuant to Secfion
16013 or the completed request for designafion that the dispute involves
issues of general application to other projects, or is of regional or state-
wide impact, or that the project involves substanfial public interest or
concern, the Director may require a hearing prior to making a designa-
tion. Nofice of the fime and place of the hearing shall be published in
newspapers of general circulafion where the dispute exists and be sent to
all interested parfies, disputing agencies, and the applicant not later than
7 calendar days after receiving the completed request for designation.
NOTE: Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1 . Amendment filed 1 1-22-78; effective thirtieth day thereafter (Register 78, No.
47).
§16031. Presiding Officer.
The presiding officer at the hearing shall be the Director or any other
person designated by the Director.
NOTE; Authority cited: Division 13, Public Resources Code; Title 7, Division 1,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1 . Amendment filed 1 1 -22-78; effective thirtieth day thereafter (Register 78, No.
47).
§ 16032. Order of Proceedings.
(a) The hearing will ordinarily proceed in the following order:
(1 ) Idenfificafion of the dispute and a brief, fair summary of correspon-
dence received by the presiding officer.
(2) Presentafion by or on behalf of the dispufing agency which initially
submitted a request for cerfification pursuant to Secfion 16014, if such
agency wishes to expand upon the material contained in its statement of
contenfions.
(3) Other dispufing agencies wishing to expand upon the material con-
tained in their statement of contenfions.
(4) Other speakers concerning the dispute. Any person wishing to
speak shall be heard.
(b) Quesfions by the presiding officer may be asked at any fime during
any presentafions.
(c) A record of the testimony may be made.
§16033. Presentations.
Presentations shall be to the point, shall be as brief as possible and shall
assume that OPR is familiar with the dispute from reading the statement
of contenfions.
•
Page 716
(4-1-90)
Title 14
Office of Planning and Research
§ 16041
§16034. Summary of Hearing.
The presiding officer may prepare a summary of the testimony at the
hearing and shall prepare a recommended decision. The director shall
consider the summary and recommended decision together with the
statement of contentions and any other material presented at the hearing
in making his decision.
§ 16035. Designation: Findings.
The provisions of Section 16021 shall apply to a designation made
pursuant to this Article.
Article 7. Administrative Record
§16040. Administrative Record.
For the purposes of any court proceeding, the administrative record of
OPR shall be deemed to be the request or requests for designation, the
statement of contentions, the correspondence received with regard to the
dispute, evidence introduced at the hearing, if any, the record of the hear-
ing, if one is made, the hearing summary and recommended decision, and
any other evidence considered by the Director.
NOTE; Authority cited: Division 13, Public Resources Code; Title 7, Division I,
Chapter 1.5, Government Code. Reference: Section 21165, Public Resources
Code.
History
1 . Amendment filed 1 1-22-78; effective thirtieth day thereafter (Register 78, No.
47).
§ 16041. Final Decision.
The decision of the director, whether made under Article 5. or 6. of this
Division, shall be final and binding on the parties to the dispute.
Page 717
(4-1-90)
,^Bu
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 7. California Integrated Waste Management Board
Vol. 19
XHOIVISOM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
California Integrated Waste Management Board
Table of Contents
Division 7. California Integrated Waste Management Board
Table of Contents
Page
Page
Chapter 1.
Article 1.
General Provisions 719
Article 2.
Emergency Waiver of
Standards
719
§ 17000.
Waiver of Standards.
§ 17001.
Purpose and Limitations of Waiver.
§ 17002.
Reporting Requirement.
§ 17003.
Effect on Other Standards.
§ 17004.
Diversion Requirements.
§ 17005.
LEA Report to the Board.
§ 17006.
Executive Director's Duties and
Powers Relative to the Waiver.
§ 17008.
Waiver of Standards.
§ 17009.
Purpose and Limitations of Waiver.
§ 17010.
Reporting Requirement.
§ 17011.
Effect on Other Standards,
Ordinances, Regulations and Laws.
§ 17012.
Diversion Requirements.
§ 17013.
LEA Report to the Board.
§ 17014.
Executive Director's Duties and
Powers Relative to the Waiver.
§ 17015.
LEA Report to the Board.
§ 17016.
Executive Director's Duties and
Powers Relative to the Waiver.
§ 17050.
§ 17051.
§ 17052.
§ 17053.
§ 17054.
§ 17055.
§ 17056.
§ 17057.
§ 17058.
17059.
17060.
17062.
Chapter 2.
Contracting with
Architectural, Engineering,
Environmental, Land
Surveying and Construction
Project Management Firms 720.1
§ 17020.
Definitions.
§ 17021.
Publication of Request for
Qualifications.
§ 17022.
Selection Criteria.
§ 17023.
Selection of Firms.
§ 17024.
Negotiation of Contract.
§ 17025.
Contract Agreement.
§ 17026.
Contracting in Phases.
§ 17027.
Emergency Contracting.
§ 17028.
Small Business Participation.
§ 17029.
Unlawful Activities and Conflict of
Interest.
Article 3.
Implementation of Federal
Laws
§ 17031.
Regional Boundaries.
§ 17032.
Agencies.
Article 4.
Public Records
§ 17041.
Scope and Applicability.
§ 17042.
Disclosure Policy.
§ 17043.
Requests for Public Records.
§ 17044.
Submittal of Trade Secrets.
§ 17045.
Submittal of Confidential or
Proprietary Data.
§ 17046.
Disclosure of Trade Secrets and
Confidential or Proprietary Data.
§ 17047.
Scope.
Article 5.
Unreliable Contractors,
Subcontractors, Borrowers
and Grantees
720.3
720.4
720.5
Article L
§ 17100.
Article 2.
§ 17105.
§ 17106.
Article 3.
§ 17110.
§17111.
§ 17112.
§17113.
§ 17114.
§ 17115.
§ 17116.
§ 17117.
§ 17118.
§ 17119.
§ 17120.
§ 17121.
§ 17122.
§ 17123.
§ 17124.
Article 4.
§ 17125.
§ 17126.
Article 5.
§ 17127.
§ 17128.
Article 6.
§ 17129.
§ 17130.
§ 17131.
§ 17132.
§ 17133.
§ 17134.
Grounds for Placement on
Unreliable List.
Board Agreement for Contract,
Grant or Loan.
Board Agreement for Contract,
Grant or Loan with Proposed
Subcontractor.
Board Subcontractors.
ExecuUve Director Finding.
Appeal to Board.
Final Finding.
Hearing.
Reconsideration of Placement on
Unreliable List.
Pending Award.
Declaration.
Existing Law.
Planning Guidelines and
Procedures for Preparing,
Revising and Amending County
Solid Waste Management Plans 720.7
Authority 720.7
Authority.
Purpose and Intent 720.8
Purpose.
Intent.
Definitions 720.8
General.
Agency.
Amendment.
Board.
Implementation.
Plan.
Planning Periods.
Region.
Regional Issues.
Regional Planning Agency.
Report.
Resource Recovery.
Revision.
Solid Waste.
Solid Waste Management.
Compliance and
CompatibiUty 721
Compliance with the California
Environmental Quality Act
(CEQA).
Compatibility of the Plan.
Responsibility 721
Planning Responsibility.
Planning Liaison.
Contents of the Plan 721
General.
Objecfives and Measures to Achieve
Objectives.
Identification of Solid Wastes.
Storage of Wastes for Collection.
Collecdon System.
Disposal and Processing of Wastes.
Page i
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
Article 7
Article 8
i! 17135.
Resource Recovery.
§ 17136.
Plan Administration.
§ 17137.
Economic Feasibility.
§ 17138.
Enforcement Program.
§ 17139.
Implementation of the Plan.
7.
Procedures for Preparing and
Revising Plans 722
§ 17140.
Plan Preparation.
§ 17141.
Revision Preparation.
§ 17142.
Participation.
§ 17143.
Informing the Public.
§ 17144.
Public Hearings or Meetings.
§ 17145.
Submittal of Preliminary Draft to
Cities.
§ 17146.
Submittal of Final Draft to Cities.
§ 17147.
Approval by Cities of Plans and
Revisions.
§ 17148.
Submittal of the Preliminary Draft
to the Regional Agency.
§ 17149.
Submittal of the Final Draft to the
Regional Agency.
§ 17150.
Approval by the County.
§ 17151.
Submittal of Preliminary Draft to
the Board.
§ 17152.
Submittal of Final Plan to the
Board.
§ 17153.
Approval by the Board.
§ 17154.
Resubmission of Deficient Plan.
8.
Procedures for Amending
Plans 723
§ 17155.
Preparing Amendments.
§ 17156.
Participation.
§ 17157.
Informing the Pubhc.
§ 17158.
Public Hearings or Meetings.
§ 17159.
Regional Agency Review.
§ 17160.
City Approval of Amendments.
§ 17161.
Approval by the County.
§ 17162.
Submittal to Board for Preliminary
Review.
§ 17163.
Submittal to Board for Approval.
§ 17164.
Approval by Board.
§ 17165.
Resubmission of Deficient
Amendment.
Chapter 3.
Minimum Standards for Solid
Article 1.
General 723
§ 17200.
Authority.
§ 17201.
Compliance with Laws and
Regulations.
Article 2.
Purpose and Intent 724
§ 17202.
Purpose.
§ 17203.
Intent.
§ 17204.
Intent of Standards.
§ 17205.
Health Related Standards.
§ 17206.
Waivers.
Article 3.
Emergency Waiver of
Standards 724
§ 17210.
Scope and Applicability.
§ 17210.1.
Definitions.
§ 17210.2.
Purpose and Limitations of an
Emergency Waiver.
§ 17210.3.
Request for an Emergency Waiver.
§ 17210.4.
Granting an Emergency Waiver.
§ 17210.5.
Reporting Requirements for a Solid
Waste Facility Operator.
§ 17210.6.
Reporting Requirements for an
Enforcement Agency.
§ 17210.7.
Selection of a Sohd Waste Facility
for Emergency Disposal and
Diversion.
§ 17210.8.
§ 17210.9.
Article 3.5.
S 17211.
§ 17211.1.
§ 17211.2.
§ 17211.3.
§ 17211.4.
§ 17211.5.
§ 17211.6.
§ 17211.7.
§ 17211.8.
§ 17211.9.
Article 4.
§ 17225.
§ 17225.1.
§ 17225.2.
§ 17225.3.
§ 17225.4.
§ 17225.5.
§ 17225.6.
§ 17225.7.
§ 17225.8.
§ 17225.9.
§ 17225.10.
§17225.11.
§ 17225.12.
§ 17225.13.
§ 17225.14.
§ 17225.15.
§ 17225.16.
§ 17225.17.
§ 17225.18.
§ 17225.19.
§ 17225.20.
§ 17225.21.
§ 17225.22.
§ 17225.23.
§ 17225.24.
§ 17225.25.
§ 17225.26.
§ 17225.27.
§ 17225.28.
§ 17225.29.
§ 17225.30.
§ 17225.31.
§ 17225.32.
§ 17225.33.
§ 17225.34.
§ 17225.35.
§ 17225.36.
§ 17225.37.
§ 17225.38.
§ 17225.39.
§ 17225.40.
§ 17225.41.
§ 17225.42.
§ 17225.43.
§ 17225.44.
§ 17225.45.
§ 17225.46.
§ 17225.47.
§ 17225.48.
§ 17225.49.
§ 17225.50.
§ 17225.51.
Authority of an Enforcement
Agency.
Executive Director's Powers and
Duties Relative to the Emergency
Waiver.
Temporary Waiver of Terms 726
Scope and Applicability.
Definitions.
Purpose and Limitation of a
Stipulated Agreement.
Request for a Temporary Stipulated
Agreement.
Issuing a Stipulated Agreement.
Contents of a Stipulated Agreement.
Reporting Requirements for a Solid
Waste Facility Operator
Reporting Requirements for an
Enforcement Agency.
Authority of an Enforcement
Agency.
Board Review of Stipulated
Agreements.
Definitions 729
General.
Abandoned Vehicles.
Active Face.
Agricultural Solid Wastes.
Approval Agency.
Ashes.
Baling.
Board.
Bulky Waste.
Cell.
Collection.
Combustible Refuse.
Commercial Solid Wastes.
Collection Vehicle or Equipment.
Composting.
Construction and Demolition
Wastes.
Cover Material.
Daily Cover.
Dead Animals.
Decomposition Gases.
Department.
Disposal Area.
Disposal Site or Site.
Disposal Site Owner.
Dump.
"EA." (CIWMB)
Fill.
Final Cover.
Final Site Face.
Flue.
Garbage.
Groups of Wastes.
Hazardous Wastes.
Incinerator.
Incinerator Residue.
Industrial Wastes.
Infectious Wastes.
Institutional Solid Wastes.
Intermediate Cover.
Landfill.
Leachate.
Liquid Wastes.
Litter.
Local Government.
Non-Combustible Refuse.
Nuisance.
Open Burning.
Operating Area.
Operator.
Person.
Premises.
Processing.
Page ii
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
Page
§ 17225.52.
§ 17225.53.
S 17225.54.
§ 17225.55.
§ 17225.56.
§ 17225.57.
§ 17225.58.
§ 17225.59.
§ 17225.60.
§ 17225.61.
§ 17225.62.
§ 17225.63.
§ 17225.64.
§ 17225.65.
§ 17225.66.
§ 17225.67.
§ 17225.68.
§ 17225.69.
§ 17225.70.
§ 17225.71.
§ 17225.72.
§ 17225.73.
§ 17225.74.
Article 4.1.
Putrescible Wastes.
Refuse.
Recycling.
Removal.
Removal Frequency.
Residential Refuse.
Resource Recovery.
Rubbish.
Runoff.
Salvaging.
Sanitary Landfill.
Scavenging.
Septic Tank Pumpings.
Sewage Sludge.
Shredding.
Sludge.
Small Volume Transfer Station.
Solid Wastes or Wastes.
Solid Waste Management.
Street Refuse.
Transfer/Processing Station or
Station.
Vector.
Written Approval.
Waste Tire Program
Definitions
§ 17225.701.
§ 17225.705.
§ 17225.710.
§ 17225.715.
§ 17225.717.
§ 17225.720.
§ 17225.725.
§ 17225.735.
§ 17225.750.
§ 17225.755.
§ 17225.760.
§ 17225.770.
§ 17225.795.
§ 17225.800.
§ 17225.820.
Article 4.5.
§ 17258.1.
§ 17258.2.
§ 17258.10.
§ 17258.16.
§ 17258.20.
§ 17258.21.
§ 17258.23.
§ 17258.24.
§ 17258.29.
§ 17258.60.
§ 17258.61.
§ 17258.73.
§ 17258.74.
Article 5.
§ 17301.
§ 17302.
§ 17311.
§ 17312.
§ 17313.
§ 17314.
§ 17315.
§ 17316.
§17317.
§ 17331.
§ 17332.
§ 17333.
732
Altered Waste Tire.
Store.
Applicant.
Baled Tires.
Collection.
Crumb Rubber.
Design.
Waste Tire.
Operation.
Operator.
Owner.
Passenger Tire Equivalents (PTE).
Store.
Substantial Change.
Used Tire Dealer.
Implementation of Federal
Municipal Solid Waste
Landfill Minimum Standards 733
Purpose, Scope, and Applicability.
Definitions.
Airport Safety.
Closure of Existing Landfills.
Procedures for Excluding the
Receipt of Hazardous Waste.
Cover Material Requirements.
Explosive Gases Control.
Air Criteria.
Recordkeeping Requirements.
Closure Criteria.
Postclosure Care Requirements.
Financial Assurance for Corrective
Action.
Allowable Mechanisms for
Corrective Action.
Solid Waste Storage and
Removal Standards 735
§ 17334.
Ownership of Waste Materials.
§ 17341.
Equipment Construction.
§ 17342.
Equipment Safety.
§ 17343.
Equipment Parking.
§ 17344.
Identification of Operator.
§ 17345.
Inspection of Equipment.
Article 5.4.
Waste Tire Monofill
Regulatory Requirements 736
§ 17346.
Authority and Scope.
§ 17346.1.
Definitions.
§ 17346.2.
Regulatory Tier for Waste Tire
Monofill Facilities.
§ 17346.3.
Applicability of State Minimum
Standards.
§ 17346.4.
Waste Tire Monofill Facility
Records.
§ 17346.5.
Report of Facility Information for
Waste Tire Monofill Facilities.
§ 17346.6.
Design and Construcfion Standards.
§ 17346.7.
Siting Criteria.
§ 17347.
Closure and Postclosure
Maintenance Criteria.
§ 17347.1.
Closure and Postclosure
Maintenance Plans.
§ 17348.
Corrective Action Criteria.
§ 17349.
Financial Assurances for Closure,
Postclosure Maintenance, Corrective
Action and Operating Liability.
Article 5.5.
Waste Tire Storage and
Disposal Standards 736.3
§ 17350.
Applicability.
§ 17351.
Fire Prevention Measures.
§ 17352.
Facility Access and Security.
§ 17353.
Vector Control Measures.
§ 17354.
Storage of Waste Tires Outdoors.
§ 17355.
Disposal of Waste Tires at Solid
Waste Facilities.
§ 17356.
Indoor Storage.
Article 5.6.
Nonhazardous Petroleum
Applicability of Standards.
Conformance with Plan.
General.
Storage.
Design Requirements.
Operator Responsibility.
Garbage Containers.
Identification of Containers.
Use of Container.
Frequency of Refuse Removal.
Regulation of Operators.
Operator Qualifications.
Article 5.7.
Contaminated Soil
Operations and Facilities
Regulatory Requirements 736.5
§17360. Authority and Scope.
§17361. Definitions.
§ 17362.0. Regulatory Tiers for Contaminated
Soil Operations and Facilities.
§17362.1. Excluded Operations.
§ 17362.2. Contaminated Soil
Transfer/Processing Operations.
§ 17362.3. Contaminated Soil Disposal
Faciliries.
§ 17363. Standardized Contaminated Soil
Solid Waste Facilities Permit Terms
and Conditions.
§ 17364.0. Contaminated Soil Operation and
Facility Standards.
§17364.1. Siting on Landfills.
§ 17364.2. General Design Requirements.
§ 17364.3. General Operafing Standards.
§ 17365. General Record Keeping
Requirements.
§ 17366. Contaminated Soil Operation and
Facility Restoration.
Hazardous Waste Disposal
Facilities Disposing
Nonhazardous,
Nonputrescible, Industrial
Solid Waste Regulatory
Requirements 737
§ 17367. Authority and Scope.
§ 17368. Definitions.
Page iii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 17369. Regulatory Tier for Hazardous
Waste Disposal Facilities
Codisposing Nonhazardous,
Nonputrescible, Industrial Solid
Waste.
Article 5.95. Construction and Demolition
Waste and Inert Debris
§ 17370.1.
General Operating Standard.
§17370.2.
Record Keeping Requirements.
rticle 5.8.
Nonhazardous Ash Regulatory
Tier Requirements 738. l
§ 17375.
Authority and Scope.
§ 17376.
Definitions.
§ 17377.0.
Regulatory Tiers for Nonhazardous
Ash Operations and Facilities.
§ 17377.1.
Excluded Operations.
§ 17377.2.
Nonhazardous Ash
Transfer/Processing Operations.
§ 17377.3.
Nonhazardous Ash
Disposal/MonofiU Facilities.
§ 17378.0.
Applicability of State Minimum
Standards for Nonhazardous Ash
Operations and Facilities.
§ 17378.1.
Siting on Landfills.
§ 17378.2.
General Design Requuements.
§ 17378.3.
Operating Standards.
§ 17379.0.
General Record Keeping
Requirements.
§ 17379.1.
Nonhazardous Ash Operation and
Facility Restoration.
Disposal Regulatory
Requirements 738.14
§ 17387.
Authority and Scope.
§ 17387.5.
Purpose.
§ 17388.
Definitions.
§ 17388.1.
Regulatory Tiers Placement for CD!
Waste and Inert Debris Disposal
Operations and Facilities.
§ 17388.2.
Excluded Acfivities.
§ 17388.3.
Inert Debris Engineered Fill
Operations.
§ 17388.4.
Inert Debris Type A Disposal
Facilities.
§ 17388.5.
GDI Waste Disposal Facilifies.
§ 17388.6.
Public Hearing.
§ 17389.
Record Keeping Requirements for
Operations.
§ 17390.
Operation Plan.
Article 6.0.
Transfer/Processing
Operations and Facilities
Regulatory Requirements 738.19
§ 17400.
Authoiity and Scope.
§ 17401.
Applicability of Standards.
§ 17402.
Definitions.
§ 17402.5.
Definitions and Related Provisions
Article 5.9. Construction and Demolition
and Inert Debris Transfer/
Processing Regulatory
Requirements 738.5
§ 17380.
Authority and Scope.
§ 17380.1.
Purpose.
§ 17381.
Definitions.
§ 17381.1.
Activities That Are Not Subject to
the Construcdon and
Demolition/Inert Debris Regulatory
Requirements.
§ 17381.2.
Regulatory Tiers Placement for GDI
Debris and Inert Debris Processing
Operations and Facilities.
§ 17382.
Excluded Activities.
§ 17383.
State Minimum Standards.
§ 17383.1.
Multiple Wood Debris Ghipping and
Grinding Activities.
§ 17383.2.
Activities at Solid Waste Facilities.
§ 17383.3.
G&D Wood Debris Ghipping and
Grinding Operations and FaciUties.
§ 17383.4.
Small Volume Construction and
Demolirion/Inert Debris Processing
Operations.
§ 17383.5.
Medium Volume Construction and
Demolition/Inert Debris Processing
Facilities.
§ 17383.6.
Large Volume Construction and
Demolirion/Inert Debris Processing
Facilifies.
§ 17383.7.
Inert Debris Type A Processing
Operations.
§ 17383.8.
Inert Debris Type A and Type B
Processing Facilities.
§ 17383.9.
Emergency Gonstrucfion and
Demolition/Inert Debris Processing
Operafions.
§ 17383.10.
Public Hearing.
§ 17384.
Approval of Storage Time Limit
Altemafives.
§ 17384.1.
Final Site Cleanup.
§ 17385.
Pre-Exisfing Permits.
§ 17386.
Operafion Plans.
§ 17403.0.
§ 17403.1.
§ 17403.2.
§ 17403.3.
§ 17403.4.
§ 17403.5.
§ 17403.6.
§ 17403.7.
§ 17403.8.
§ 17403.9.
§ 17405.0.
Article 6.1.
§ 17406.1.
§ 17406.2.
Article 6.2.
§ 17407.1.
§ 17407.2.
§ 17407.3.
§ 17407.4.
§ 17407.5.
§ 17407.6.
§ 17408.1.
§ 17408.2.
§ 17408.3.
§ 17408.4.
§ 17408.5.
§ 17408.6.
§ 17408.7.
§ 17408.8.
§ 17409.1.
§ 17409.2.
§ 17409.3.
Regarding Activities That Are Not
Subject to the Transfer/Processing
Regulatory Requirements.
Regulatory Tiers Requirements for
Transfer/Processing Operafions and
Facilities.
Excluded Operations.
Sealed Containers Transfer
Operations.
Limited Volume Transfer
Operafions.
Direct Transfer Facility.
Emergency Transfer/Processing
Operations.
Medium Volume
Transfer/Processing Facilities.
Large Volume Transfer/Processing
Facilities.
Facility Plan.
Transfer/Processing Report.
Applicability of State Minimum
Standards.
Siting and Design
Sifing on Landfills.
General Design Requirements.
Operating Standards
Burning Wastes and Open Burning.
Cleaning.
Drainage Control.
Dust Control.
Hazardous, Liquid, and Special
Wastes.
Liquid Wastes.
Litter Control.
Medical Wastes.
Noise Control.
Non-Salvageable Items.
Nuisance Control.
Maintenance Program.
Personnel Health and Safety.
Protection of Users.
Roads.
Sanitary Facilities.
Scavenging and Salvaging.
744
744
Page iv
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
Page
§ 17409.4.
Signs.
§ 17519.
Processing Operations.
§ 17409.5.
Loadchecking.
§ 17520.
Storage of Salvage.
§ 17409.6.
Parking.
§17521.
Removal.
§ 17410.1.
Solid Waste Removal.
§ 17522.
Non-Salvageable Items.
§ 17410.2.
Supervision and Personnel.
§ 17531.
Nuisance Control.
§ 17410.3.
Training.
§ 17532.
Dust Control.
§ 17410.4.
Vector, Bird and Animal Control.
§ 17533.
Vector and Bird Control.
§ 17411.
Written Approval Required.
§ 175.34.
Drainage Control.
§ 17412.
Compliance with Conditions.
§ 17535.
Litter Control.
§ 17413.
Conformance with Plan.
§ 17536.
Noise Control.
Article 6.3.
Record Keeping
§ 17537.
§ 17538.
Odor Control.
Traffic Control.
Requirements 744.3
§ 17546.
General.
§ 17414.
Record Keeping Requirements,
§ 17547.
Standby Equipment.
§ 17414.1.
Documentation of Enforcement
§ 17548.
Transfer Vehicles.
Agency Approvals, Determinations,
§ 17549.
Inspection of Equipment.
and Requirements.
§ 17550.
Housekeeping.
§ 17556.
General.
Article 6.35.
Additional Operating
§ 17557.
Station Maintenance Program.
Requirements for Facilities
§ 17561.
Burning Wastes.
Only 744.3
§ 17562.
Hazardous Wastes.
§ 17563.
Infectious Wastes.
§ 17415.1.
Communications Equipment.
§ 17564.
Liquid Wastes.
§ 17415.2.
§ 17416.1.
Fire Fighting Equipment.
Housekeeping.
Article 7.1.
Disposal Site Standards —
§ 17416.2.
Lighting.
General 744.6
§ 17416.3.
Equipment.
§ 17601.
Applicability of Standards.
§ 17418.1.
Site Security.
§ 17602.
Site Owner and Site Operator.
§ 17418.2.
Site Attendant.
§ 17603.
Change of Ownership.
§ 17418.3.
Traffic Control.
§ 17606.
Recording.
§ 174I9.I.
Visual Screening.
§ 17607.
Periodic Site Review.
§ 17419.2.
Water Supply.
§ 17608.
Conformance with Plan.
Article 6.4.
Transfer/Processing Station
§ 17616.
Report of Disposal Site
Information.
Standards 744.4
§ 17617.
Site Modifications.
§ 17420.
§ 17421.
Applicability of Standards.
Exclusions.
Anicle 7.2.
Disposal Site Siting and
§ 17422.
Design.
Design 745
§ 17423.
Plan of Operation.
§ 17626.
Design Responsibility.
§ 17424.
Records.
§ 17627.
Ultimate Use of Site.
§ 17425.
Small Volume Transfer Station
§ 17628.
General Design Parameters.
Operation.
§ 17629.
Public Health Design Parameters.
§ 17426.
Cleaning and Waste Removal
Frequency.
Report of Station Information.
Article 7.3.
Disposal Site Records 745
§ 17441.
§ 17636.
Weight/Volume Records.
§ 17442.
Station Modifications.
§ 17637.
Subsurface Records.
§ 17451.
Design Responsibility.
§ 17638.
Special Occurrences.
§ 17452.
General Design Parameters.
§ 17639.
Inspection of Records.
§ 17453.
Public Health Design Parameters.
§ 17646.
Availability.
§ 17461.
Weight Volume Records.
§ 17647.
Training.
§ 17462.
Special Occurrences.
§ 17648.
Supervision.
§ 17463.
Inspection of Records.
§ 17649.
Site Attendant.
§ 17471.
Availability.
Article 7.4.
Disposal Site Improvements 745
§ 17472.
Training.
§ 17656.
Identification Signs.
§ 17473.
§ 17474.
Supervision.
Attendant.
§ 17657.
§ 17658.
Entry Signs.
Site Security.
§ 17481.
Identification Signs.
§ 17659.
Access Roads.
§ 17482.
Entry Signs.
§ 17660.
Internal Roads.
§ 17483.
Station Security.
§ 17484.
Roads.
Article 7.5.
Disposal Site Operations 745
§ 17485.
Visual Screening.
§ 17666.
Sanitary Facilities.
§ 17486.
Station Construction.
§ 17667.
Water Supply.
§ 17491.
Sanitary Facilities.
§ 17668.
Communications Facilities.
§ 17492.
Water Supply.
§ 17669.
Lighting.
§ 17493.
Communications Facilities.
§ 17670.
Personnel Health and Safety.
§ 17494.
Lighting.
§ 17671.
Availability.
§ 17495.
Fire Fighting Equipment.
§ 17672.
Training.
§ 17496.
Protection of Users.
§ 17673.
Supervision.
§ 17497.
Personnel Health and Safety.
§ 17674.
Site Attendant.
§17511.
Confined Unloading.
§ 17676.
Confined Unloading.
§ 17512.
Cleaning.
§ 17677.
Spreading and Compacting.
§17513.
Solid Waste Removal.
§ 17678.
Slopes and Cuts.
§ 17514.
Parking.
§ 17679.
Final Site Face.
§ 17515.
Scavenging.
§ 17680.
Stockpiling.
§ 17516.
Salvaging Permitted at Transfer
§17681.
Availability of Cover Material.
Stations.
§ 17682.
Cover.
§ 17517.
Volume Reduction.
§ 17683.
Performance Standards.
§ 17518.
Processing Area.
Pace
§ 17684.
V
Intermediate Cover.
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
ii 17685.
Final Cover.
S 17686.
Scavenging.
§ 17687.
Salvaging Permitted.
§ 17688.
Volume Reduction and Energy
Recovery.
§ 17689.
Processing Area.
§ 17690.
Storage of Salvage.
§ 17691.
Removal.
§ 17692.
Non-Salvageable Items.
§ 17693.
General.
§ 17694.
Standby Equipment.
§ 17695.
General.
§ 17696.
Operating Site Maintenance.
Article 7.6.
Disposal Site Controls
S 17701.
Nuisance Control.
§ 17702.
Animal Feeding.
§ 17703.
Fire Control.
§ 17704.
Leachate Control.
§ 17705.
Gas Control.
§ 17706.
Dust Control.
§ 17707.
Vector and Bird Control.
§ 17708.
Drainage and Erosion Control.
§ 17709.
Contact with Water.
§ 17710.
Grading of Fill Surfaces.
§ 17711.
Litter Control.
§ 17712.
Noise Control.
§ 17713.
Odor Control.
§ 17714.
Traffic Control.
§ 17715.
Ponded Liquid.
§ 17726.
General.
§ 17727.
Standby Equipment.
§ 17731.
General.
§ 17732.
Operating Site Maintenance.
§ 17733.
Inspection upon Completion.
§ 17734.
Completed Site Maintenance.
§ 17735.
Recording.
§ 17741.
Burning Wastes.
§ 17742.
Hazardous Wastes.
§ 17743.
Liquid Wastes.
§ 17744.
Dead Animals.
§ 17751.
Periodic Site Review.
Article 7.8.
Disposal Site Standards
Closure and Postclosure
§ 17760.
Scope and Applicability.
§ 17761.
Definitions.
§ 17763.
Time Frames for Closure.
§ 17764.
Partial Closure.
§ 17765.
Closure of Treatment Units.
§ 17766.
Emergency Response Plan.
§ 17767.
Security at Closed Sites.
§ 17768.
Inspection Upon Completion.
§ 17771.
Structure Removal.
§ 17772.
Decommissioning of Environmental
Control Systems.
§ 17773.
Final Cover.
§ 17774.
Construction Quality Assurance.
§ 17776.
Final Grading.
§ 17777.
Final Site Face.
§ 17778.
Final Drainage.
§ 17779.
Slope Protection and Erosion
Control.
§ 17781.
Leachate Control During Closure
and Postclosure.
§ 17782.
Ground Water Monitoring During
Closure and Postclosure.
§ 17783.
Gas Monitoring and Control During
Closure and Postclosure.
§ 17783.3.
Monitoring.
§ 17783.5.
Perimeter Monitoring Network.
§ 17783.7.
Structure Monitoring.
§ 17783.9.
Monitored Parameters.
§ 17783.11.
Monitoring Frequency.
§ 17783.13.
Reporting
§ 17783.15.
Control.
§ 17783.17.
Exemptions.
§ 17787.
§ 17788.
§ 17789.
§ 17792.
§ 17793.
Recording.
Postclosure Maintenance.
Review of Postclosure Maintenance
Activities.
Change of Ownership During
Closure or Postclosure
Maintenance.
Notification During Postclosure
Maintenance.
747
§ 17796.
Postclosure Land Use.
Article 8.
Agricultural Solid Waste
Management Standards 752
§ 17801.
Intent of Standards.
§ 17802.
Applicability of Standards.
§ 17803.
Compliance with Laws and
Regulations.
§ 17804.
Conformance with Plan.
§ 17805.
Appeals.
§ 17810.1.
Manure.
§ 17810.2.
Confined Animals.
§ 17810.3.
Enforcement Agency Inspection.
§ 17810.4.
Excessive Vectors.
§ 17810.5.
Excessive Odor, Dust and Feathers.
§ 17820.
Agricultural Solid Wastes As a
Public Health/Well-Being Hazard.
§ 17821.
Inspection of Agricultural
Operations
§ 17822.
Conection of Adverse Public
HealthAVell-Being Conditions.
§ 17823.
Agricultural Wastes Management
Practices.
§ 17823.1.
Animal Manure.
§ 17823.2.
Vegetable or Fruit Crop Field
Residues.
§ 17823.3.
Vegetable or Fruit Crop Processing
Wastes.
§ 17823.4.
Dust, Hair and Feathers.
§ 17823.5.
Dead Animals.
§ 17824.
Management of Agriculture Waste
Ponds, Lagoons, Ditches and
Pipelines.
Article 9.
Litter Receptacle Standards 755
§ 17830.
Purpose.
§ 17831.
Limitations.
§ 17832.
Responsibility.
§ 17833.
Placement of Receptacles.
§ 17834.
Receptacle Design.
§ 17835.
Receptacle Maintenance.
§ 17836.
Special Design and Maintenance
Limitafions.
§ 17837.
Receptacle Marking.
§ 17838.
Prohibited Acts.
§ 17839.
Penalties.
§ 17840.
Compliance.
Chapter 3.1. Compostable Materials Handling
Operations and Facilities
R
egulatory Requirements
. . 755
Article 1.
General
.. 755
§ 17850.
Authority and Scope.
§ 17851.
Scope.
§ 17852.
Definitions.
§ 17853.
Definitions.
§ 17853.0.
Approval of Alternatives.
Article 2.
Regulatory Tiers for
Composting Operations and
Facilities
.. 758
§ 17854.
Compostable Materials Handling
Facility Permit Requirements.
§ 17855.
Excluded Activities.
§ 17855.2.
Prohibitions.
§ 17855.3.
Permit Name.
Page
VI
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Title 14
California Integrated Waste Management Board Table of Contents
Page Page
Pre-Existing Permits and §17883. Coinpliance with Laws and
Notifications. Regulations.
Agricultural Material Composting §17885. General Requirements.
Operations. § 17886. Compliance Period.
Green Material Composting § 17887. Environmental Health Standards.
Operations and Facilities. § 17889. Compliance Monitoring Program.
Green Material Composting §17891. Noncompliance and Green
Operations and Facilities. Composting Permit Modification.
Animal Material Composting § 17893. Specific Exemptions.
Facilities. §17895. Reporting Requirements.
Sewage Sludge Composting
Facilities. Chapter 3.5. Standards for Handling and
Biosolids Composting at POTWs. Disposal of Asbestos Containing
Mixed Solid Waste Composting '^ '^
Facilities. Waste 763
Application Process for Green * ^- i i r^ i
Compost Permit. Article 1. General 763
Research Composting Operations. § 17897. Purpose, Scope and Applicability.
Chipping and Grinding Operations §17897.10. Definitions.
and Facilities. §17897.15. Schedules of Compliance.
^^"'"•S^- Article 2. Standards 764
Report of Facility §17897.16. General Standards.
Information 762 §17897.18. Design and Operating
Requirements.
Report of Composting Site § 17897.19. Additional Requirements.
Information. § 17897.20. Inspection Requirements.
Odor Impact Minimization Plan.
, ,. , ^ Article 3. Excavation Requirements 765
Standardized Composting ^ ^^g^^ ,j Excavation Requirements.
Permit Terms and * • , ^ ^, , t^ ^^
„ ,. . Article 4. Closure and Post Closure 766
Conditions 762 . ,^„„-, . . „ ,
§ 17897.24. General.
General Terms and Conditions.
Article 5. LEA Standards and
Composting Operation and Authorization 766
Facihty Siting and Design § ^^^^^^S. Authorized ACW Program.
Standards 762
Siting on Landfills. Chapter 4. Resource Conservation Programs 766
General Design Requirements. *-ii t-. i-^,.x^ i
Article 1. Recycling Market Development
Composting Operating Zone Designation Process 766
Standards 762.1 § 17900. introduction.
General Operating Standards. §17901. Definitions.
Training. §17902. How does a Recycling Maiket
_ . , TT I . Development Zone designation
Environmental Health cycle start?
Standards 762.1 § 17903. What is the deadline for getting my
Sampling Requirements. application to the Board?
Maximum Metal Concentrations. § ^^904. What if the Board receives my
Pathogen Reduction. application after the deadline?
Clean Green Material Processing § ^"^^05. What do I need to include m my
Requirements. Zone application?
Green Material Processing § ^^^06. What will the Board consider when
Requirements. reviewmg my application?
§ 17907. What information must be included
Composting Operation and in my recycling market development
Facility Records 762.3 „ .^q„„ P'f";. .^ ,.
^ ,^ , ^, §17908. What happens if my recycling
General Record Keeping ^^^^ development plan is
Requirements. accepted?
Comoostino Facility Site ^ 17909. What are statewide recycling market
. ^ development objectives?
Restoration 762.4 § ]79I0. What happens if the Board
Site Restoration. designates my area as a Zone?
Geological Siting Requirements. §17911. I have completed all conditions
General Facility Design listed in my Notification. When can
Requirements. I get final designation?
General Facility Operations § 17912. When does my final designation
Procedures for Exempted and become effective?
Non-Exempted Composting §17913. Do I have to submit regular reports?
Facilities. §17913.5. Can a Zone Terminate Its Zone
General Facility Operations Designation?
Procedures for Non-Exempted §17914. Can a Zone be redesignated?
Composting Facilities. §17914.5. What is the Board's process for
Record Maintenance Requirements. reviewing Zone redesignation
Site Closure Standards. applications and redesignating
Purpose, Scope, and Applicability. Zones?
§ 17855.4.
§ 17856.
§ 17857.
§ 17857.1.
§ 17858.
§ 17859.
§ 17859.1.
§ 17860.
§ 17861.
§ 17862.
§ 17862.1.
§ 17862.2.
Article 3.
§ 17863.
§ 17863.4.
Article 4.
§ 17864.
Article 5.
§ 17865.
§ 17866.
Article 6.
§ 17867.
§ 17867.5.
Article 7.
§ 17868.1.
§ 17868.2.
§ 17868.3.
§ 17868.4.
§ 17868.5.
Article 8.
§ 17869.
Article 9.
§ 17870.
§ 17871.
§ 17873.
§ 17875.
§ 17876.
§ 17877.
§ 17879.
§ 17881.
Page vii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 17915. Do composting industries qualify
for the incentives offered in a
Recycling Market Development
Zone?
§ 17946.
Who Must Certify That Compliance
With This Article Is Met?
§ 17916.
Resource Recovery Facility (Site).
§ 17917.
Solid Wastes or Wastes.
§ 17918.
Solid Waste Management.
§ 17919.
Transfer Station.
§ 17920.
Waste Processing Facility (Site).
§ 17921.
Environmental Impact Report
Notice of Completion.
§ 17925.
Purpose.
§ 17926.
Filing of Notice of Intent.
§ 17927.
Facility Location and Information.
§ 17928.
Land Use Approval.
§ 17929.
Justification of Need.
Article 1.1.
Recycling Market Development
Revolving Loan Program 767
§ 17930.
Purpose of the Recycling Market
Development Revolving Loan
Program.
§ 17931.
Definitions.
§ 17932.
Eligible Applicants.
§ 17932.1.
Tire Recycling Projects.
§ 17933.
Priority Projects.
§ 17934.
Loan Amounts.
§ 17934.1.
Uses of Funds.
§ 17934.3.
Fees.
§ 17934.5.
Interest Rate.
§ 17935.
Application Process.
§ 17935.1.
Application Content.
§ 17935.2.
Loan Agreement.
§ 17935.3.
Process for Preliminary Review.
§ 17935.4.
Process for Board Staff Review.
§ 17935.5.
Establishment of the Loan
Committee.
§ 17935.55.
Process for Loan Committee
Review.
§ 17935.6.
Board Approval.
§ 17936.
Auditing of Expenditures of Loan
Proceeds.
§ 17937.
Coordination with the County.
§ 17938.
Determination of Findings by the
Board.
§ 17939.
Determination of
Non-Conformance.
§ 17946.5.
Documentation Requirements.
§ 17947.
Auditing.
§ 17948.
Proprietary Information.
§ 17948.5.
Letters of Non-Objection.
§ 17949.
Violations and Penalties.
Article 4.
Recycled Content Newsprint 780
§ 17950.
Regulatory Effect of Questions and
Answers.
§ 17952.
Purpose and Definitions.
§ 17954.
Who Must Comply with These
Regulations?
§ 17956.
Who Must Certify?
§ 17958.
Newsprint Consumer Requirements.
§ 17960.
Newsprint Supplier Requirements.
§ 17962.
Newsprint Manufacturer
Requirements.
§ 17964.
Quality Standards.
§ 17966.
Comparable Price.
§ 17968.
Availability Within a Reasonable
Period of Time.
§ 17970.
Auditing.
§ 17972.
Failure to Meet Goals.
§ 17974.
Penalties.
Article 5.
Article 1.2. Leveraging the Recycling
Market Development Zone
Revolving Loan Fund 770
§17939.1. Purpose of Leveraging the
Revolving Loan Fund.
§ 17939.2. Definition.
§ 17939.3. Types of Leveraging Entities and
Programs.
§ 17939.4. Leveraging Activities.
§ 17939.5. Loan Sale.
Article 2. Recycling Investment Tax
Credit Program 770.1
§ 17940. Regulatory Effect of Questions.
§ 17941. Recycling Investment Tax Credit
Program.
Rigid Plastic Packaging
Container Program 770.1
§ 17942. Regulatory Effect of Questions and
Answers; Effective Dates.
§ 17943. Purpose and Definitions.
§17944. Container Requirements.
§ 17944.2. How Will Waivers Be Granted?
§ 17944.5. Exempt Rigid Plastic Packaging
Containers.
§ 1 7945 . Who Must Compl y With These
Regulations?
§ 17975.
§ 17976.
§ 17977.
§ 17978.
§ 17979.
§ 17979.1.
§ 17979.3.
§ 17979.5.
§ 17980.
§ 17980.5.
§ 17981.
§ 17982.
§ 17983.
§ 17983.5.
§ 17984.
§ 17985.
Article 3.
Article 6.
§ 17987.
§ 17987.1.
§ 17987.2.
§ 17987.3.
§ 17987.4.
§ 17987.5.
Recycled Content Trash Bag
Program 785
Regulatory Effect of Questions and
Answers.
Purpose and Definitions.
Who Must Comply With These
Regulations?
Who Must Certify?
Requirements for Manufacturers of
Regulated Trash Bags.
Recycled Plastic Postconsumer
Materia] That Cannot Be Used for
Compliance.
Exemption For Trash Bags Using
Adhesive, Heat Affixed Straps;
Petition for Variance.
Requirements for Wholesalers of
Regulated Trash Bags.
Requirements for Suppliers of
Recycled Plastic Postconsumer
Material (RPPCM) for Use in
Regulated Trash Bags.
What If I Determine During A
Reporting Period That I Cannot
Meet The Recycled Plastic
Postconsumer Material (RPPCM)
Content Requirements?
Failure To Meet Recycled Plastic
Postconsumer Material (RPPCM)
Content Requirements.
Minimum Recycled Plastic
Postconsumer Material (RPPCM)
Quality Standards.
Availability Within a Reasonable
Period of Time.
Recordkeeping Requirements.
Auditing.
Penaldes.
At-Store Recycling Program
Recordkeeping, Reporting
and Measurement 790
Scope.
Applicability.
Definitions.
Recordkeeping.
Filing of Annual Report.
Submittal of Confidential,
Proprietary Data or Trade Secrets.
Page viii
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
Page
Chapter 4.5. Farm and Ranch Solid Waste
Cleanup and Abatement Grant
Program 792
Article 1 . Authority 792
§ 17990. Scope.
Article 2. Definitions 793
S 17991. Definitions.
Article 3. Eligibility Requirements 793
§ 17992.1. Purpose.
§17992.2. Funding Eligibility.
§17992.3. Site Eligibility.
§ 17992.4. Eligible and Ineligible Remedial
Actions.
Article 4. Grant Process 794
§ 17993.1. Grant Application Filing Period.
§ 17993.2. Grant Amounts.
§ 17993.3. Contents of the Grant Application
Package.
§ 17993.4. Review of Grant Applications.
§17993.5. Grant Criteria.
§ 17993.6. Local Agency Grant Agreement for
Cleanup.
§ 17993.7. Grant Agreement for
Reimbursements.
Article 5. Property Owner Grant
Application Request 794.1
§ 17994.1 . Request Process for Cleanup.
§ 17994.2. Request Process for Reimbursement
of Prior Cleanups.
§ 17994.3. Property Owner Appeal Rights.
Chapter 5. Enforcement of Solid Waste
Standards and Administration of
Sohd Waste Facility Permits;
Loan Guarantees 794.2
Article 1. Definitions and General
Provisions 794.2
§ 18010. Scope.
§18011. Defmitions.
§ 18012. Mailing and Delivery.
§ 18013. Mailing Documents to the Board.
§18020. Maintenance of Files.
Article 2. Designation of a Local
Agency and the Appointment
of Hearing Panels or
Hearing Officer 795
§ 18050. Scope.
§ 18051. Designation of a Local Agency.
§ 18052. Redesignation of Existing LEAs.
§ 1 8053. Distribution of Notice of
Designation.
§18054. Review of Designation.
§ 18055. Effective Date of Designation.
§ 18056. Local Governing Body Withdrawal
of LEA Designation.
§ 18060. Appointment of Hearing Panel(s) or
Hearing Officers.
Article 2. 1 . LEA Certification
Requirements 797
§ 18070. Scope.
§18071. Types of Certification.
§18072. Technical Expertise.
§18073. Adequacy of Staff Resources.
§ 18074. Adequacy of Budget Resources.
§18075. Training Requirements.
§ 18076. Request for and Review of
Certification.
§ 18077.
Enforcement Program Plan (EPP).
§ 18078.
Directory of Enforcement Agencies,
Hearing Panels, and Hearing
Officers.
icle 2.2.
LEA Performance Standards,
Evaluation Criteria, and
Duties and
Responsibilities 800
§ 18080.
Scope.
§ 18081.
LEA Performance Standaids and
Evaluation Criteria.
§ 18082.
LEA Duties and Responsibilities for
Permitting and Closure or
Postclosure.
§ 18083.
LEA Duties and Responsibilities for
Inspections.
§ 18084.
LEA Duties and Responsibilities for
Enforcement.
icle 2.3.
Board Actions over LEAs 802
§ 18085.
§ 18086.
§ 18087.
§ 18088.
Article 2.3.
§ 18090.0.
§ 18090.1.
§ 18090.2.
§ 18090.3.
§ 18091.1.
§ 18092.0.
§ 18093.0.
§ 18093.1.
§ 18094.0.
Article 3.0.
§ 18100.
§ 18101.
§ 18102.
§ 18103.
§ 18103.1.
§ 18103.2.
§ 18103.3.
§ 18104.
§ 18104.1.
§ 18104.2.
§ 18104.3.
§ 18104.4.
§ 18104.5.
§ 18104.6.
§ 18104.7.
§ 18104.8.
§ 18104.9.
§ 18105.
§ 18105.1.
§ 18105.2.
§ 18105.3.
§ 18105.4.
§ 18105.5.
§ 18105.6.
§ 18105.7.
§ 18105.8.
§ 18105.9.
§ 18105.10.
§ 18105.11.
Article 3.1.
§ 18200.
§ 18200.1.
Ground for Board Actions over
LEAs.
Types of Board Actions over LEAs.
Process for Board Actions over
LEAs.
Board Acting as Enforcement
Agency.
LEA Grants 803
Purpose and Scope.
Grant Eligibility.
Grant Award.
Use of LEA Grant Funds.
Grant Application.
Review of Grant Application.
Grant Requirements.
Payment of Grant Funds.
Auditing.
Regulatory Tier
Requirements 804
Scope.
Definitions.
Excluded Solid Waste Handling.
Enforcement Agency Notification.
Filing Requirements.
Record Keeping Requirements.
Termination of Operation.
Registration Permit.
Filing Requirements.
Enforcement Agency Processing
Requirements.
Record Keeping Requirements.
Completeness Appeal.
Change in Operation.
Change in Owner.
Permit Review & Reissuance.
Suspend/Revoke.
Voiding of a Registration Permit.
Standardized Permit.
Filing Requirements.
Enforcement Agency Processing
Requirements.
Record Keeping Requirements.
Completeness Appeal.
Board Processing Requirements.
Appeal of Decision.
Change in Operation.
Change in Owner.
Permit Review and Reissuance.
Suspend/Revoke.
Voiding of a Standardized Permit.
Application for Solid Waste
Facilities Permits 804.5
Scope.
Definitions.
Page ix
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 18201.
Form of Application and Supporting
Documents (Application Package).
§ 18202.
Amendments to Application.
§ 18203.
Filing of Application and
Transmittal of Copies.
§ 18204.
Public Notice and Comment.
§ 18205.
Investigation of Application.
§ 18206.
Environmental Review.
§ 18207.
Proposed Permit: Board Review.
§ 18208.
Issuance of Permit; Final
Environmental Determination.
§ 18209.
Denial of Permit.
§ 18210.
Notice of Operation Prior to August
15, 1977.
§ 18211.
Application for Revision of a
Permit.
§ 18212.
Reinstatement of Suspended and
Revoked Permits.
J} 18213.
Review of Permits.
§ 18215.
Exemptions from Requirement of a
Permit.
§ 18216.
Notice of Change of Address.
§ 18217.
Notice of Change of Ownership of
Property.
Article 3.1.1.
Temporary Solid Waste
Facilities Permits 805
§ 18218.
Scope and Applicability.
§ 18218.1.
Definitions.
§ 18218.2.
Authority to Issue Temporary
Permits.
§ 18218.3.
Requirement to Obtain a Temporary
Permit.
§ 18218.4.
Standards Applicable to Facilities.
§ 18218.5.
Notification of Availability of a
Temporary Permit.
i^ 18218.6.
Application for a Temporary Permit.
§ 18218.7.
Enforcement Agency Processing
Requirements for a Temporary
Permit.
§ 18218.8.
Board Processing Requirements.
§ 18218.9.
Form of Temporary Permit.
Article 3.2.
Reports of Facility
Information 806.2(b)
§ 18220.
Report of Green Composting Site
Information.
§ 18221.
Report of Station Information.
§ 18221.5.
Facility Plan.
§ 18221.6.
Transfer/Processing Report.
§ 18222.
Report of Disposal Site
Information.
§ 18223.
Facility Plan for Medium Volume
Construction and Demolition/Inert
Debris Processing Facilities and
Medium Volume C&D Wood Debris
Chipping and Grinding Facilities.
§ 18223.5.
Facility Reports for Construction
and Demolition/Inert or Inert Debris
Facilities and Large Volume C&D
Wood Debris Chipping and
Grinding Facilities.
§ 18223.6.
Disposal Facility Plan.
§ 18224.
Report of Contaminated Soil
Disposal Site Information.
§ 18225.
Nonhazardous, Nonputrescible,
Industrial Solid Waste Codisposal
Plan.
§ 18226.
Report of Nonhazardous Ash
Disposal Site Information.
§ 18227.
Report of Composting Site
Information.
§ 18231.
Definitions.
§ 18232.
Amount of Requued Coverage.
§ 18233.
Acceptable Mechanisms and
Combinations of Mechanisms.
§ 18234.
Trust Fund.
§ 18235.
Government Securities.
§ 18236.
Insurance.
§ 18237.
Self-Insurance and Risk
Management.
§ 18238.
Financial Means Test.
§ 18239.
Corporate Guarantee.
§ 18240.
Insurance and Environmental Fund,
§ 18241.
Substitution of Mechanisms by
Operator.
§ 18242.
Cancellation or Nonrenewal by a
Provider of Financial Assurance.
§ 18243.
Bankruptcy or Other Incapacity of
Operator or Provider of Financial
Assurance.
§ 18244.
Recordkeeping and Reporting.
§ 18245.
Release of an Operator from the
Requirements.
Article 3.3.
§ 18230.
Financial Responsibility for
Operating Liability
Claims 806.2(0
Scope and Applicability.
Article 3.4. Application and Approval of
Closure and Postclosure
Maintenance Plans 806.2(g)
§18250. Scope and Applicability.
§ 18251. Definirions.
§ 1 8255. Submittal of Closure and
Postclosure Maintenance Plans.
§ 1 8256. Operation of a Solid Waste Landfill
Without Approved Closure and
Postclosure Maintenance Plans.
§18257. Maintenance of Closure and
Postclosure Maintenance Plans.
§ 1 8260. Closure and Postclosure General
Performance Standard.
§18261. Preliminary Closure Plan.
§ 18261.3. Contents of the Preliminary Closure
Plan.
§ 18262. Final Closure Plan.
§ 18262.3. Contents of the Final Closure Plan.
§ 1 8263. Closure Cost Estimates.
§18264. Preliminary Postclosure
Maintenance Plan.
§ 1 8264.3. Contents of the Preliminary
Postclosure Maintenance Plan.
§ 18265. Final Postclosure Maintenance Plan.
§ 1 8265.3. Contents of the Final Postclosure
Maintenance Plan.
§ 18266. Postclosure Maintenance Cost
Estimates.
§ 18267. Form of Application for Review of
Closure and Postclosure
Maintenance Plans.
§18268. Filing of Application and
Transmittal of Copies.
§18269. Public Notice.
§ 18270. Evaluarion of Closure and
Postclosure Maintenance Plans.
§ 18271. Approval of Closure and
Postclosure Maintenance Plans.
§ 18272. Amendment of Closure and
Postclosure Maintenance Plans.
§ 1 8275. Certificarion of Closure.
§ 18276. Revision of Plans During Closure
and Postclosure Maintenance.
§18277. Release From Postclosure
Maintenance.
Article 3.5. Financial Responsibility for
Closure and Postclosure
Maintenance 806.4
§ 18280. Scope and Applicability.
§ 18281. Definitions.
§ 18282. Amount of Required Coverage.
Page X
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
§ 18283. Acceptable Mechanisms and
Combinations of Mechanisms.
§18284. Trust Fund.
§ 18285. Enterprise Fund.
§ 1 8286. Government Securities.
§18287. Letter of Credit.
§18288. Surety Bond.
§ 1 8289. Financial Means Test.
§18290. Pledge of Revenue.
§ 18291. Guarantee.
§18292. Federal Certification.
§ 18293. Substitution of Mechanisms by
Operator.
§ 18294. Cancellation or Nonrenewal by a
Provider of Financial Assurance.
§ 18295. Bankruptcy or Other Incapacity of
Operator or Provider of Financial
Assurance.
Article 6.
§ 18296.
Depository Trust Fund.
§ 18297.
Record Keeping and Reporting.
§ 18298.
Release of an Operator from the
Requirements.
Article 4.
Enforcement by EA and Review
by Board 806.7
§ 18301.
Scope.
§ 18302.
Written Complaints of Alleged
Violations.
§ 18303.
Investigations.
§ 18304.
Notices and Orders.
§ 18304.1.
Types of Notices and Orders;
Enforcement Thereof
§ 18304.2.
Final Orders.
§ 18304.3.
Mandated Enforcement Actions.
§ 18304.4.
Notice of Compliance Status.
§ 18304.5.
Notification of Enforcement.
§ 18305.
Enforcement of Notices and Orders.
§ 18306.
Emergency Actions.
§ 18307.
Actions to Suspend or Revoke a
Permit.
§ 18308.
Enforcement Actions by Boaid.
§ 18309.
Use of Performance Standards.
§ 18310.
Statement of Intent.
§ 18311.
Failure to Meet Performance
Standards.
§ 18312.
Review of Performance Standards.
§ 18313.
Inspection.
Article 5.
Enforcement by Board 806.1 1
§ 18350.
Enforcement Actions by Board.
§ 18351.
Assumption of Duties of EA.
§ 18352.
Filing of Papers.
§ 18353.
Hearing Panel.
§ 18354.
Appeals.
§ 18355.
Fee Schedules.
Article 5.1.
Inventory of Solid Waste
Facilities Which Violate
State Minimum Standards 806.12
§ 18360.
Authority and Scope.
§ 18361.
Definitions.
§ 18362.
Notice of Intent to List a Facility for
Inclusion on the Inventory.
§ 18363.
Rescission of the Notice of Intent to
List a Facility on the Inventory.
§ 18364.
Inclusion of a Facility on the
Inventory.
§ 18365.
Compliance Schedule.
§ 18366.
Removal of a Family from the
Inventory.
§ 18367.
Publishing the Inventory.
§ 18368.
Penalties.
§ 18400.
§ 18401.
§ 18402.
§ 18403.
§ 18404.
§ 18405.
§ 18406.
§ 18407.
§ 18408.
§ 18409.
§ 18410.
§ 18411.
§ 18412.
§ 18413.
Chapter 5.9.
Chapter 6.
Page
Criteria, Priority and
Administration of the Loan
Guarantee Program Provided
Pursuant to the Waste
Disposal Site Hazard
Reduction Act of 1987 806.12(a)
Definitions.
Loan Guarantee Criteria.
Priority.
Loan Guarantee Size.
Loan Guarantee Period.
Percentage of Guarantee.
Reserve Ratio.
Loan Interest.
Application for Loan Guarantees;
Fees.
Board's Actions on Applications.
Report of Fund Condition.
Default Claim Procedures.
Terms of Guarantee.
Conditions of Guarantee.
California Integrated Waste
Management Board — Conflict of
Interest Code 806.32
Permitting of Waste Tire
Facilities and Waste Tire
Hauler Registration and Tire
Manifests
806.33
Article 1.
General
806.33
§ 18420.
§ 18421.
§ 18422.
Applicability.
Scope.
Definitions.
Article 2.
Review of Permit
Applications
806.34
§ 18423.
§ 18424.
Filing of Applicafion.
Amendments to Application.
Article 3.
Permit Issuance, Renewal,
Revision, Revocation,
Denial, Suspension,
Reinstatement, Change of
Owner, Operator, and/or
Address
806.35
§ 18425.
§ 18426.
§ 18427.
§ 18428.
Permit Issuance.
Permit Renewal.
Permit Revision.
Change of Owner, Operator, and/or
Address.
Article 3.5.
Enforcement Criteria for
Waste Tire Facilities
806.36
§ 18429.
§ 18430.
Penalty Schedule for Administrative
Complaints.
Reinstatement of Suspended and
Revoked Permits.
Article 4. Permit Application 806.38
§ 18431. Application.
§18432. Operation Plan.
§18433. Emergency Response Plan.
§18434. Reduction/Elimination Plan.
§18435. Closure Plan.
Article 5. Closure 806.39
§ 18440. Closure Commencement.
§18441. Closure Conditions.
Page xi
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Title 14
Page
Page
§ 18442.
Closure Plan.
Article 6.
Inspection of Waste Tire
Facilities 806.40
§ 18443.
Inspection.
Article 7.
Records 806.40
§ 18445.
Record Keeping.
§ 18447.
Retention of Records.
§ 18448.
Certification of Records.
Article 8.5.
Waste Tire Hauler
Registration and
Manifesting Requirements
for Used and Waste Tire
Haulers, Retreaders, Used
and Waste Tire Generators,
and Used and Waste Tire End-
Use Facilities 806.41
§ 18449.
Scope.
§ 18450.
Definitions.
§ 18451.
Applicability of These Regulations.
§ 18452.
Exemptions from Registration As a
Waste Tire Hauler.
§ 18453.
Exemption Certification for
Agricultural Purposes or Common
Carrier Hauling Used or Waste Tires
on a Return Trip.
§ 18453.1.
Cost to Receive an Exemption from
Waste Tire Hauler Registration.
§ 18453.2.
Valid Exemption Period and
Renewal.
§ 18453.3.
When Should an Exemption Be
Renewed?
§ 18454.
Waste Tire Hauler Initial
Registration.
§ 18454.1.
Who Must Obtain an Initial Waste
Tire Hauler Registration?
§ 18454.2.
When Should I Obtain an Initial
Waste Tire Hauler Registration?
§ 18454.3.
How Long Is the Initial Waste Tire
Hauler Registration Valid?
§ 18454.4.
How Do I Obtain an Initial Waste
Tire Hauler Registration?
§ 18454.5.
Are There any Costs for the Initial
Waste Tire Hauler Registration?
§ 18455.
Waste Tire Hauler Renewal
Registration.
§ 18455.1.
How do I Renew the Waste Tire
Hauler Registration?
§ 18455.2.
When Should 1 Renew a Waste Tire
Hauler Registration?
§ 18455.3.
Are There any Costs for Renewal of
the Waste Tire Hauler Registration?
§ 18456.
Waste Tire Hauler Registration
Application and Retreader
Self-Certification Form.
§ 18456.1.
Waste Tire Hauler Surety Bond
Application Process.
§ 18456.2.
Waste Tire Hauler Registration
Process.
§ 18456.2.1.
Retreader Self-Certification
Process.
§ 18456.3.
Changes in Information Provided or
Lost Registration Documents.
§ 18456.4.
Temporary Registration of Alternate
Vehicles.
§ 18456.6.
What will the Board do with the
Initial Waste Tire Hauler
Registration Application Once it is
Submitted for Review?
§ 18456.7.
What will the board do with the
Waste Tire Hauler Registration
Renewal Application Once it is
Submitted for Review?
§ 1 8456.8. When the Waste Tire Hauler
Registration Application is
Approved, What Documents Will be
Provided to Me?
§ 18456.9. If an Applicant Wishes to Obtain
Registration for an Additional
Vehicle, Does a New Application
Need to be Submitted?
§ 18456.10. If a Registered Vehicle has been
Sold or is no Longer Used for Waste
Tire Hauhng, Must I Inform the
Board?
§ 18456.11. How Do 1 Notify the Board of a
Change in Business Ownership?
§ 18456.12. Do 1 Need to Notify the Board if 1
Change my Address?
§ 1 8456. 1 3. What If I Lose the Decal(s) or
Registranon(s)?
§ 18457. Waste Tire Hauler Registration
Denial, Suspension, and
Revocation.
§ 18457.1 . Waste Tire Hauler Registration
Suspension.
§ 18458. Request for Hearing of Denial,
Suspension, or Revocation of Waste
Tire Hauler Registration.
§ 1 8458. 1 . What Steps Can I Take for Board
Reconsideration of my Waste Tire
Hauler Application?
§18459. Waste Tire Manifest System
Requirements.
§ 18459.1. Tire Program Identification
Number.
§ 18459.1.2. Electronic Data Transfer and
Web-Based Data Entry
Requirements.
§ 1 8459.2. Waste Tire Hauler Manifest Form
Signature Requirements.
§ 18459.2. 1 . Submittal of the Comprehensive
Trip Log, Manifest Form, Tire Trip
Log, Retreader Trip Log, and
Electronic Reporting to the Board.
§ 18459.3. Maintenance of Comprehensive Trip
Logs, Retreader Trip Logs, Manifest
Forms and Tire Trip Logs.
§ 18459.4. Who Signs the Manifest?
§ 18459.5. Who Receives Copies of the
Manifest and When?
§ 18459.6. Who Keeps Copies of the Manifest
and for How Long?
§ 18459.7. Where Do I Get Waste Tire Hauler
Manifest Forms CIWMB-62?
§ 18460. Waste Tire Hauler Manifest System
Requirements.
§ 1 8460. 1 . Waste Tire Manifest System
Requirements for Agricultural Uses
Exemption.
§ 1 8460. 1.1. Waste Tire Manifest System
Requirements for Common Carrier
Exemption.
§ 18460.2. Waste Tire Manifest System
Requirements for Waste Tire
Haulers.
§ 1 8460.2.1 . Waste Tire Manifest System
Requirements for Retreaders.
§ 1 8460.3. What if the Tire DealerAVaste Tire
Generator Does Not Properly
Complete the Manifest Form?
§ 18460.4. What are Legally Authorized Waste
Tire Sites?
§ 18461. Manifest System Requirements for
Waste Tire End-Use Facilities.
•
Page xii
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
•
§ 1 8461 . 1 . My Site Accepts Waste Tires. What
Shall I do as the Operator of a
Destination Facility if a Waste Tire
Hauler Who is Not Registered With
the Board and/or Has No Manifest
Delivers Waste Tires to My Site?
§ 1 8461 .2. How Can 1 Demonstrate That My
Facility is Authorized to Accept
Waste Tires?
§ 18462. Manifest System Requirements for
Waste Tire Generators.
§ 1 8462.1 . Can I Give Tires to a Person
Wanting to Haul my Waste Tires but
Who Doesn't Have a Registration or
is Not Exempt From the
Registration?
§ 18499.
Article 11.
§ 18462.2.
Do I need to Know the Destination
Site or Collection Facility for the
Waste Tires?
§ 18463.
Civil Penalties.
§ 18464.
Amount of Civil Penalties and
Administrative Penalty Schedule.
§ 18465.
Criteria to Impose a Civil Penalty.
§ 18466.
Procedure for Imposing Civil
Penalties.
icle 9.
Financial Assurance
Requirements for Closure of
a Major Waste Tire
Facility 806.53
§ 18470.
Scope and Applicability.
§ 18471.
Definitions.
§ 18472.
Closure Cost Estimate Adjustments.
§ 18473.
Acceptable Mechanisms and
Combination of Mechanisms.
§ 18474.
Trust Fund.
§ 18475.
Surety Bond.
§ 18476.
Letter of Credit.
§ 18477.
Government Securities.
§ 18478.
Enterprise Fund.
§ 18478.5.
Stale Approved Mechanism.
§ 18479.
Substitution of Mechanisms by
Operator.
§ 18480.
Bankruptcy or Other Incapacity of
an Operator or Provider of Financial
Assurance.
§ 18481.
Recordkeeping and Reporting
Requirements.
§ 18482.
Release from Financial Assurance
Requirements for Closure Costs.
Article 10.
Financial Responsibility for
Operating Liability Claims
of Major Waste Tire
Facilities
§ 18499.1,
§ 18499.2
§ 18499.3
§ 18499.4,
§ 18499.5,
§ 18499.6,
§ 18499.7,
§18499.8.
§ 18499.9.
apter 7.
Article 1.
§ 18500.
Article 1.1.
§ 18502.
Article 2.
§ 18504.
§ 18505.
§ 18506.
Article 2.1.
§ 18510.
§ 18511.
§ 18512.
§ 18515.
§ 18520.
§ 18521.
§ 18522.
Article 2.2.
§ 18530.
§ 18531.
§ 18532.
§ 18533.
§ 18533.1.
§ 18534.
§ 18534.1.
§ 18535.
§ 18536.
§ 18536.1.
806.58
§ 18485.
Scope and Applicability.
§ 18486.
Definitions.
§ 18487.
Amount of Required Coverage.
§ 18488.
Acceptable Mechanisms and
Combinations of Mechanisms.
§ 18489.
Trust Fund.
§ 18490.
Government Securities.
§ 18491.
Insurance.
§ 18492.
Self-Insurance and Risk
Management.
§ 18493.
Financial Means Test.
§ 18494.
Corporate Guarantee.
§ 18494.5.
State Approved Mechanism.
§ 18495.
Substitution of Mechanisms by
Operator.
§ 18496.
Cancellation or Nonrenewal by a
Provider of Financial Assurance.
§ 18497.
Bankruptcy or Other Incapacity of
Operator or Provider of Financial
Assurance.
§ 18498.
Recordkeeping and Reporting.
Article 3.
Article 4.
Article 5.
Chapter 7.2.
Article 1.
§ 18570.
Article 2.
§ 18571.
Article 3.
§ 18572.
§ 18573.
Article 4.
Page
Release of an Operator from the
Requirements.
Financial Assurances
Enforcement Procedures for
Major Waste Tire
Facilities 806.65
Scope and Applicability.
Definitions.
Notice of Violation.
Issuance of Notice and Order,
Cleanup and Abatement Order,
and/or Stipulated Notice and Order.
Compliance Options.
Penalty Calculations.
Processing and Collection of Civil
Penalty.
Appeals Process.
Continued or Recurring Violations.
Special Waste Standards 806.66
General 806.66
Scope.
Definitions 806.66
Definitions.
General Provisions 806.66(a)
Scope and Applicability.
Programs Eligible for Funding.
Grant Application Process.
Non-Discretionary
Grants 806.66(b)
Grant Eligibility.
Grant Application Period.
Grant Amount.
Contents of the Grant Application.
Review of Grant Application.
Payment of Grant Funds.
Auditing Requirements.
Discretionary Grants 806.67
Grant Eligibility.
Grant Application Period.
Grant Amount.
Contents of the Grant Application.
Contents of the Grant Proposal.
Review of Grant Application.
Selection of Grant Recipient.
Payment of Grant Funds.
Grant Agreement.
Terms and Conditions of a Grant
Agreement.
Used Oil Collection
Demonstration Grant 806.69
General Provisions 806.69
Grants 806.69
Playground Safety and Recycling
Act Grant Program 806.69
General 806.69
Authority and Purpose.
Definitions 806.69
Definitions.
Eligible Local Public
Agencies and Eligible
Projects 806.69
Eligible Local Public Agencies.
Eligible Projects.
Selection Process 806.70
Page xiii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
§ 18574.
§ 18575.
§ 18576.
Article 5.
Aliocation of Funds.
Criteria.
Requests Exceeding Funds.
Grant Amount and Eligible
Costs
806.70
§ 18577.
§ 18578.
§ 1 8579.
§ 18580.
Chapter 8.
Grant Amount.
Eligible Costs.
Ineligible Costs.
Payments.
Used Oil Recycling Program 806.70(a)
Article 1.
§ 18600.
§ 18601.
Article 2.
§ 18610.
§ 18611.
§ 18612.
§ 18613.
§ 18614.
§ 18614.1.
§ 18615.
§ 18616.
Article 2.1.
§ 18619.1.
§ 18619.2.
§ 18619.3.
§ 18619.4.
§ 18619.5.
Article 3.
§ 18620.
§ 18621.
General Provisions and
Definitions
Introduction.
Definitions.
806.70(a)
General Recordkeeping
Requirements 806.70(b)
Scope and Applicability.
Will the Board Examine My Books
and Records to Determine Whether 1
Comply with These Regulations?
Are the Reports and Information
that 1 Submit to the Board Public
Documents?
Articles 3, 4, and 5 of this Chapter
Describe Specific Records that 1
Must Maintain. How Must 1
Maintain These Records?
Articles 3, 4, and 5 of this Chapter
Contain Specific Reporting
Requirements. How Do 1 Submit
Reports, Notices, and Applicable
Supporting Documents to the
Board?
What If My Report Does Not
Contain All of the Information
Required by Section 18614 of this
Article?
When are Reports Due to the
Board?
On What Date is a Report,
Complaint, Payment, Notice or
Other Information Considered to be
Submitted to the Board?
Recordkeeping, Auditing, and
Administrative Actions for
Entities Claiming Recycling
Incentives 806.72
Scope and Apphcability.
Will The Board Examine My Books,
Records, and Operations to
Determine Whether 1 Am in
Compliance With The Program
Requirements?
How Must Records Be Maintained
to Satisfy The Requirements of This
Chapter?
Are the Reports and Information
That I Submit to the Board Public
Documents?
What Happens If My Certified or
Registered Used Oil Collection
Program Is Not In Compliance With
the Requirements of the Act or of
This Chapter?
§ 18622.
§ 18623.
§ 18624.
§ 18625.
Article 3.1.
§ 18626.
§ 18626.99.
§ 18627.
Article 4.
§ 18630.
§ 18631.
§ 18632.
§ 18633.
18634.
Article 5.
§ 18640.
§ 18641.
§ 18642.
§ 18643.
§ 18643.0.
§ 18643.1.
§ 18643.2.
§ 18643.3.
§ 18643.4.
§ 18643.5.
§ 18643.6.
§ 18643.7.
§ 18644.
Article 6.0.
§ 18650.0.
§ 18650.1.
§ 18650.2.
§ 18650.3.
Oil Manufacturers
Applicability.
As an Oil Manufacturer, What
Records Am I Required to
Maintain?
806.73
§ 18650.4.
§ 18650.5.
Page
As an Oil Manufacturer, What
Reports Must I Submit to the
Board?
What Date is Considered the Date of
Sale?
How Should Payments be Made to
the Board and When Are They
Due?
How Do 1 Notify Those Who
Purchase Lubricating Oil From Me
That the Fee Has Been Paid?
Exemptions 806.74
Exemption Certificates.
Certificate of Registration.
Refund of Lubricating Oil Payment.
Used Oil Haulers 806.74
Scope and Applicability.
As a Used Oil Hauler, What Records
Am 1 Required to Maintain?
What Specific Information Am I
Required to Include on Each
Modified Manifest Receipt?
Am I Required to Provide Any
Specific Information to the
Recipients of the Used Oil I
Deliver?
As a Used Oil Hauler, What Reports
Must 1 Submit to the Board?
Used Oil Recycling
Facilities
806.75
Scope and Applicability.
As the Operator of a Used Oil
Recycling Facility, What Records
Am I Required to Maintain?
As an Operator of a Used Oil
Recycling Facility, What Reports
Must I Submit to the Board?
Records of Transaction.
Who May Become a Certified Used
Oil Recycling Facility?
Why Should I Become a Certified
Used Oil Recycling Facility?
As An Operator of a Used Oil
Recycling Facihty, Must I Apply
For Certificafion/Recertification of
the Facility?
How Does The Board Certify or
Recertify a Used Oil Recycling
Facility?
As an Operator of a Used Oil
Recycling Facihty, What Should 1
Do With the Certificate That the
Board Issues to Me?
How Long Is a Certificate Valid?
Is the Certificate Transferrable?
Is There a List of Certified Used Oil
Recycling Facilities Available?
Annual Report.
Used Oil Collection Center
Certification and Operation
Standards 806.77
Scope and Applicability.
Who May Apply for Certification?
How Do I Apply for Certification?
What Information Am 1 Required to
Provide in the Application for
Certification?
How Does the Board Process an
Applicafion for Certification of a
Used Oil Collection Center?
May a Person Withdraw an
Application for Certificafion?
Page
XIV
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
§ 18650.6.
§ 18630.61.
§ 18650.7.
§ 18650.8.
§ 18650.9,
§ 18651.0.
§ 18651.1.
§ 18651.2.
§ 18651.3.
§ 18651.4.
§ 18651.5.
§ 18651.6.
§ 18651.7.
§ 18651.8.
§ 18651.9.
Article 6.1.
§ 18653.0.
§ 18653.1.
§ 18653.2.
§ 18653.3.
§ 18653.4.
As the Operator of a Certified Used
Oil Collection Center, Might There
Ever be an Occasion When I Will
Need to Submit a New
Application?
As the Operator of a Certified Used
Oil Collection Center, What Should
I Do if I Decide to Cease Collection
Center Operations?
What Should I Do with the
Certificate Once 1 Have Received
It?
When Does My Certificate Expire?
Is a Certificate Transferrable or
Assignable?
What Must I Do with a Certificate
Sign Once I Have Received It?
What If Local Zoning Ordinances
Prevent Posting of the Sign
Provided by the Board?
What Are the Required Operational
Procedures for Certified Used Oil
Collection Centers?
How Do I Calculate the Amount of
Recycling Incentive I Owe to a
Person Delivering Used Oil?
As the Operator of a Certified Used
Oil Collection Center, How Do 1
Comply with the Act's Requirement
for Periodic Advertising in Local
Media?
As a Certified Used Oil Collection
Center, How Can 1 Determine If
Used Oil is Contaminated in Excess
of That Which Would Occur
Through Normal Use?
Under What Conditions Will a
Contaminated Used Oil Shipment
Be Eligible for Reimbursement of
Disposal Costs, Pursuant to Section
48660.5 of the Public Resources
Code?
What Constitutes One Shipment in
Regards to Reimbursement of
Disposal Costs, Pursuant to Section
48660.5 of the Public Resources
Code?
How Do I Apply for Reimbursement
of Additional Disposal Costs
Pursuant to Public Resources Code
Section 48660.5?
Must Certified Used Oil Collection
Centers Maintain Written
Procedures to Prevent the
Acceptance of Contaminated Used
Lubricating Oil?
Registration Requirements
for Industrial Generators,
Operators of Curbside
Collection Programs, and
Electric Utilities
§ 18653.5.
§ 18653.6.
§ 18654.
Article 7.
§ 18655.1.
§ 18655.2.
§ 18655.3.
§ 18655.4.
§ 18655.5.
§ 18655.51.
§ 18655.6.
§ 18655.7.
§ 18655.8.
§ 18655.9.
§ 18656.0.
Article 8.
§ 18658.0.
§ 18658.1.
§ 18658.2.
§ 18658.3.
Article 8.1.
§ 18659.0.
§ 18659.1.
§ 18659.2.
§ 18659.3.
806.82
Scope and Applicability.
Purpose.
As an Industrial Generator, Operator
of Curbside Collection Program, or
Electric Utility, How Do I Register
to Receive Payment of Recychng
Incentives?
What Information Am I Required to
Provide in the Application for
Registration?
What Will the Board Do with the
Application for Registration Once It
is Submitted for Review?
§ 18659.4.
§ 18659.5.
Chapter 8.2.
Article 1.
§ 18660.5.
Article 2.0.
Page
As an Industrial Generator, Operator
of a Curbside Collection Program,
or an Electric Utility, May I
Withdraw an Application for
Registration?
As an Industrial Generator, an
Operator of a Curbside Collection
Program, or an Electric Utility
Which Has Already Registered,
Might There Ever Be an Occasion
When I Will Need to Submit a New
Application?
How Does the Board Calculate Used
Oil Recycling Rates?
Recycling Incentive
Payments 806.84
Who Can Receive Recycling
Incentive Payments?
On What Used Oil Can a Recycling
Incentive Be Paid?
When Can an Incentive Claim Be
Submitted?
How Long After Used Oil Is Hauled
Away, or Used to Generate
Electricity By an Electric Utility
Must an Incentive Claim Be
Submitted?
How Do Incentive Claims Relate to
Quarterly Reports, as Described in
Public Resource Code Section
48670?
If I Operate More Than One
Certified Used Oil Collection
Center, May I Submit a Single
Recycling Incentive Claim?
What Must Be Submitted With an
Incentive Claim?
Where Are Incentive Claims
Submitted?
What Records Must I Keep to
Support an Incentive Claim?
What Happens If My Incentive
Claim is Rejected?
How Long Will It Take for the
Board to Process My Claim?
General Provisions for Used
Oil Recycling Grants 806.86
Scope and Applicability.
Programs Eligible for Funding.
Grant Application Process.
Grant Application Period.
Local Government Block
Grants 806.87
Grant Amount.
Contents of the Grant Application.
Review of Grant Application.
Terms and Conditions of a Grant
Agreement.
Payment of Grant Funds.
Auditing.
Electronic Waste Recovery and
Recycling 806.88
General 806.88
Definitions.
Electronic Waste Payment
System — Applicability and
Limitations, Document
Submittals, Records, Audits
and Net Cost Report 806.88(b)
Page XV
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
Page
§ 18660.6.
Applicability and Limitations.
§ 18660.7.
Document Submittals.
§ 18660.8.
Records.
§ 18660.9.
Audits.
§ 18660.10.
Net Cost Report.
Article 2.1.
Electronic Waste Payment
System — Applications for
Approval 806.88(e)
§ 18660.11.
General Application Requirements.
§ 18660.12.
Additional Application
Requirements for Collectors.
§ 18660.13.
Additional Application
Requirements for Recyclers.
§ 18660.14.
Additional Application
Requirements for Dual Entities.
§ 18660.15.
CIWMB Review of Applications.
§ 18660.16.
Approval Term and Applications for
Renewal.
§ 18660.17.
Prohibited Activities.
§ 18660.18.
Changes to an Approved
Application.
§ 18660.19.
Appeal of Denial, Suspension or
Revocation of Approval.
Article 2.2.
Electronic Waste Payment
System — Business
Requirements 806.88(i)
§ 18660.20.
Requirements for an Approved
Collector.
§ 18660.21.
Requirements for an Approved
Recycler.
Article 2.3.
Electronic Waste Payment
System — Recycling Payment
Claims 806.88(k)
§ 18660.22.
General Requirements for Recycling
Payment Claims.
§ 18660.23.
Additional Requirements for
§ 18660.35.
Manufacturer Registration.
§ 18660.36.
Requirements for a Registered
Manufacturer.
§ 18660.37.
Manufacturer Payment Claims.
§ 18660.38.
CIWMB Review of Manufacturer
Payment Claims.
§ 18660.39.
Appeal of Denied or Adjusted
Manufacturer Payment Claims.
Article 3.
Manufacturer Reporting
806.88(r)
§ 18660.41.
Reporting Requirements.
Article 4.
Consumer Information
Required of a
Manul'acturer
806.88(s)
§ 18660.42.
Requirements,
Article 5.
Confidential, Proprietary
and Trade Secret
Information
806.88(s)
§ 18660.43.
Requirements.
Chapter 9. Planning Guidelines and
Procedures for Preparing and
Revising Countywide Integrated
Waste Management Plans 806.88(t)
Definitions 806.88(t)
Authority.
Definitions.
Article 3.
§ 18700.
§ 18720.
Article 6.1.
§ 18722.
§ 18724.
§ 18726.
§ 18660.24.
§ 18660.25.
§ 18660.30.
§ 18660.31.
Article 2.4.
§ 18660.32.
§ 18660.33.
§ 18660.34.
Article 2.5.
Recycling Payment Claims to
Demonstrate Cancellation of CRTs
or CRT-Containing CEWs Through
Crushing or Shredding.
Additional Requirements for
Recycling Payment Claims to
Demonstrate Cancellation of CRTs
or CRT-Containing CEWs Through
Dismantling to a Bare CRT After
Relieving the Vacuum.
Additional Requirements for
Recycling Payment Claims to
Demonstrate Cancellation of
Non-CRT-Containing CEWs.
CIWMB Review of Recychng
Payment Claims.
Appeal of Denied or Adjusted
Recycling Payment Claims.
Electronic Waste Payment
System — Cancellation
Methods, Recovery Payment
Rate, and Combined Recovery
and Recycling Payment
Rate 806.88(0)
Cancellation Methods.
Standard Statewide Recovery
Payment Rate.
Standard Statewide Combined
Recovery and Recycling Payment
Rate.
Electronic Waste Payment
System — Manufacturer
Payments 806.88(p)
Solid Waste Generation
Studies 806.92
Solid Waste Generation
Studies — General Requirements.
Additional Requirements and
Guidelines for the Initial Solid
Waste Generation Study.
Solid Waste Generation Studies for
Revised SRR Elements.
Appendix 1
§18726.1.
806.97
Calculation of Maximum Disposal
Tonnage.
§ 18726.2.
Calculation of Minimum Diversion
Tonnage.
Article 6.2.
Source Reduction and
Recycling Elements 806.99
§18730.
Scope.
§18731.
Goals and Objectives.
§ 18732.
Solid Waste Generation Analysis.
§ 18733.
Model Component Format.
§ 18733.1.
Component Objectives.
§ 18733.2.
Existing Conditions Description.
§ 18733.3.
Evaluation of Alternatives.
§ 18733.4.
Selection of Programs.
§ 18733.5.
Program Implementation.
§ 18733.6.
Monitoring and Evaluation.
§ 18734.
Source Reduction Component
Specific Requirements.
§ 18734.1.
Source Reduction Component
Objectives.
§ 18734.2.
Source Reduction Component
Existing Conditions Description.
§ 18734.3.
Evaluation of Source Reduction
Program Alternatives.
§ 18735.
Recycling Component Specific
Requirements.
§ 18735.1.
Recycling Component Objectives.
§ 18735.2.
Recycling Component Program
Existing Conditions Description.
§ 18735.3.
Evaluation of Recycling Program
Alternatives.
§ 18735.4.
Selection of Recycling Program.
§ 18735.5.
Recycling Program Implementation.
§ 18736.
Composting Component Specific
Requirements.
Page xvi
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Title 14
California Integrated Waste Management Board
Table of Contents
§ 18736.1.
§ 18736.2.
§ 18736.3.
§ 18736.4.
§ 18737.
§ 18737.1.
§ 18737.2.
§ 18738.
§ 18738.1.
§ 18738.2.
§ 18738.3.
§ 18738.4.
§ 18738.5.
§ 18740.
§ 18744.
§ 18746.
§ 18748.
Article 6.3.
§ 18750.
§ 18751.
§ 18751.1.
§ 18751.2.
§ 18751.2.1
§ 18751.3.
§ 18751.4.
§ 18751.5.
§ 18751.6.
§ 18751.7.
§ 18751.8.
Article 6.4.
§ 18752.
§ 18753.
§ 18753.5.
§ 18754.
§ 18754.5.
Article 6.5.
§ 18755.
§ 18755.1.
§ 18755.3.
§ 18755.5.
§ 18756.
§ 18756.1.
§ 18756.3.
Page
Composting Component Objectives.
Composting Component Program
Existing Conditions Description.
Evaluation of Composting Program
Alternatives.
Selection of Composting Program.
Special Waste Component.
Special Waste Component
Objectives.
Special Waste Component Existing
Conditions Description.
Household Hazardous Waste
Component Specific Requirements.
Household Hazardous Waste
Component Objectives.
Household Hazardous Waste
Existing Conditions Description.
Evaluation of Household Hazardous
Waste Program Alternatives.
Selection of Household Hazardous
Waste Program.
Implementation of Household
Hazardous Waste Programs.
Education and Public Information
Component.
Facility Capacity Component.
Funding Component.
Integration Component.
Household Hazardous Waste
Elements 806.111
Scope.
Household Hazardous Waste
Element Specific Requirements.
Household Hazardous Waste
Element Goals and Objectives.
Household Hazardous Waste
Existing Conditions Description.
Evaluation of Household Hazardous
Waste Program Alternatives.
Selection of Household Hazardous
Waste Program.
Implementation of Household
Hazardous Waste Program.
Monitoring and Evaluafion.
Education and Public Information.
Funding.
Nondisposal Facility
Element 806.113
Scope.
Description of Nondisposal
Facilities within a Jurisdiction.
Description of Nondisposal
Facilities outside a Jurisdiction.
Description of Transfer Stations
within a Jurisdiction.
Description of Transfer Stations
outside a Jurisdiction.
Siting Elements 806.1 14
General Requirements.
Goals and Policies.
Disposal Capacity Requirements.
Description of Existing Solid Waste
Disposal Facilities.
Criteria for Establishing New or for
Expanding Existing Solid Waste
Disposal Facilities.
Proposed Facility Location and
Description.
Consistency with City and County
General Plans for New or Expanded
Solid Waste Disposal Facilities.
§ 18756.5.
§ 18756.7,
Article 6.6.
§ 18757.
§ 18757.1.
§ 18757.3.
§ 18757.5.
§ 18757.7.
§ 18758.
Article 7.
Page
Strategies for Disposing of Solid
Waste in Excess of Capacity When
New or Expanded Sites Are Not
Available.
Siting Element Implementation.
Countywide and Regional
Agency Integrated Waste
Management Plans 806.116
General Requirements.
Goals and Objectives.
County and Regional Agency
Profile and Plan Administration.
Description of Cuirent Solid Waste
Management Practices.
Summary of Source Reduction and
Recycling Elements, Household
Hazardous Waste Elements and
Nondisposal Facility Elements.
Countywide and Regional Agency
Integrated Waste Management Plan
Financing.
Procedures for Preparing and
Revising City, Regional
Agency and County Source
Reduction and Recycling
Elements, and Household
Hazardous Waste Elements
and City and County
Nondisposal Facility
Elements
806.118
§ 18760.
Applicability.
§ 18761.
Local Task Force (LTF).
§ 18762.
SRRE, HHWE, and NDFE
Preparation.
§ 18763.
Circulation of the Preliminary Draft
SRRE and HHWE for Review.
§ 18764.
Review of the Preliminary Draft
SRRE and HHWE.
§ 18765.
Review of the Final Draft SRRE,
HHWE and NDFE.
§ 18766.
Public Participation; Notice; Local
Adoption of SRRE, HHWE and
NDFE.
§ 18766.5.
Revision of the SRRE prior to
Board Approval.
§ 18767.
Submittal of City or Regional
Agency SRRE, HHWE, and NDFE
to the County and County NDFE to
the Cities.
§ 18768.
Submittal of the SRRE, HHWE, and
NDFE to the Board.
§ 18769.
Board Approval of SRREs,
HHWEs, and NDFEs.
§ 18770.
Amendment or Revision, and
Resubmittal of the Amended or
Revised SRRE, HHWE, and NDFE.
§ 18770.5.
Board Approval of Revised or
Amended SRREs, HHWEs, and
NDFEs.
§ 18771.
Annual Report: Review and
Revision of City, Regional Agency
or County SRREs.
§ 18772.
Board's Biennial Review of the
City, Regional Agency, or County
SRRE and HHWE.
§ 18773.
Board Approval of Revised SRRE
and HHWE.
§ 18774.
One- Year Time Extension for
Meeting Diversion Requirements.
§ 18774.5.
Two-Year Time Extension for
Meeting Diversion Requirements.
Page xvii
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
§ 18775. Reduction in Diversion and
Planning Requirements.
§ 18775.2. Sludge Diversion.
§ 1 8775.4. Use of Excluded Waste Types for
Baseline Diversion Credit.
Article 8. Procedures for Preparing and
Revising Siting Elements,
Summary Plans, and
Countywide and Regional
Agency Integrated Waste
Management Plans 806.126
§ 18776. Procedures for the Preparation and
Submittal of the Siting Element and
Summary Plan.
§ 1 8777. Role of the Lock Task Force.
§ 18778. Public Participation in the
Preparation of the Preliminary Draft
Siting Element and Summary Plan.
§ 18779. Procedures for the Preparation and
Review of the Preliminary Draft
Siting Element and Summary Plan.
§ 18780. Procedures for the Preparation of the
Final Draft Siting Element and
Surrunary Plan.
§ 18781. Local Task Force Review Process.
§ 18782. Notice Requirements for Public
Hearings.
§ 18783. Local Adoption of the Final Draft
Siting Element and Summary Plan,
and the Countywide and Regional
Agency Integrated Waste
Management Plans.
§18784. Submittal of Countywide and
Regional Agency Integrated Waste
Management Plan to the Board for
Approval.
§ 18785. Board Approval of Countywide and
Regional Agency Integrated Waste
Management Plan.
§ 18786. Resubmittal of County wide and
Regional Agency Integrated Waste
Management Plans or Designated
Sections of Countywide and
Regional Agency Integrated Waste
Management Plans After a Finding
of Deficiency.
Annual Review of Progress Towards
Solid Waste Disposal Goals.
Five- Year Review and Revision of
the Countywide or Regional Agency
Integrated Waste Management Plan.
Board Approval of the Plan
Revision.
Resubmittal of a Deficient Plan
Revision.
Resubmittal of a Deficient Plan
Revision.
Annual Report
Regulations 806.131
§ 18794.0. General Requirements and Due
Dates.
§ 18794.1. Goal Achievement Calculations.
§ 1 8794.2. Reporting Requirements for
Calculations.
§ 18794.3. SRRE/NDFE and HHWE
Implementation.
§ 18794.4. Siting Element and Summary Plan
Status.
§ 18794.5. Status of Qualifying Conditions for
Board-approved Petitions for
Reduction.
§ 18794.6. Addressing an Area-of-Concem, or
Conditionally Approved Planning
Documents.
Page
§ 18787.
§ 18788.
§ 18789.
§ 18790.
§ 18791.
Article 9.0.
Article 9.1.
Adjustment Method for
Calculating Changes in
Waste Generation Tonnage ... 806.135
§ 18797.0.
Scope and Purpose.
§ 18797.1.
Definitions.
§ 18797.2.
Adjustment Factor Sources.
§ 18797.3.
Adjustment Method Calculation.
§ 18797.4.
Reporting Requirements.
Article 9.2.
Disposal Reporting
System 806.137
§ 18800.
Scope and Purpose.
§ 18801.
Definitions.
§ 18801.1.
Use of Soil for Alternative Daily
Cover, Alternative Intermediate
Cover, or Beneficial Reuse.
§ 18802.
Records: Retention. Access, and
Audits.
§ 18803.
Applicability and Alternative
Reporting Systems.
§ 18804.
Non-Compliance.
§ 18805.
Origin Survey Frequency.
§ 18806.
Identifying a Jurisdiction of Origin.
§ 18807.
Disposal Reporting Due Dates.
§ 18808.
Disposal Reporting Requirements
for a Hauler.
§ 18808.1.
Signage for a Hauler. (Not
applicable)
§ 18808.2.
Scales and Weighing Requirements
for a Hauler. (Not applicable)
§ 18808.3.
Training Requirements for a Public
Contract Hauler.
§ 18808.4.
Hauler Records: Retention, Access,
and Investigations.
§ 18808.5.
Identifying Jurisdiction of Origin.
§ 18808.6.
Frequency of Origin Surveys.
§ 18808.7.
Determining Origin of Waste for a
Hauler.
§ 18808.8.
Applicability of Alternative
Reporting Systems.
§ 18808.9.
Public Contract Hauler Export
Reports: Content, Timing, and
Distribution.
§ 18808.10.
Export Reporting Due Dates for a
Public Contract Hauler.
§ 18808.11.
Non-Compliance.
§ 18809.
Disposal Reporting Requirements
for a Station.
§ 18809.1.
Signage at a Station.
§ 18809.2.
Scales and Weighing Requirements
at a Station.
§ 18809.3.
Training Requirements for a
Station.
§ 18809.4.
Stafion Records: Retention, Access,
and Investigadons.
§ 18809.5.
Identifying Jurisdiction of Origin.
§ 18809.6.
Frequency of Origin Surveys.
§ 18809.7.
Determining Origin of Waste at a
Station.
§ 18809.8.
Applicability of Alternative
Reporting Systems.
§ 18809.9.
Station Disposal Reports: Content,
Timing, and Distribution.
§ 18809.10.
Disposal Reporting Due Dates for a
Station.
§ 18809.11.
Non-Compliance.
§ 18810.
Disposal Reporting Requirements
for a Landfill.
§ 18810.1.
Signage at a Landfill.
§ 18810.2.
Scales and Weighing Requirements
at a Landfill.
§ 18810.3.
Training Requirements for a
Landfill.
§ 18810.4.
Landfill Records: Retention, Access,
and Investigations.
§ 18810.5.
Identifying Jurisdicfion of Origin.
Page xviii
(7-25-2008)
Title 14
California Integrated Waste Management Board
Table of Contents
Page
Page
•
•
8810.6. Frequency of Origin Surveys.
8810.7. Determining Origin of Waste at a
Landfill.
8810.8. Applicability of Alternative
Reporting Systems.
8810.9. Landfill Disposal Reports: Content,
Timing, and Distribution.
8810.10. Disposal Reporting Due Dates for a
Landfill.
8810.11. Non-Compliance.
881 L Disposal Reporting Requirements
for a Transformation Facility.
8811.1. Signage at a Transformation
Facility.
881 1 .2. Scales and Weighing Requirements
at a Transformation Facility.
8811.3. Training Requirements for a
Transformation Facility.
881 1.4. Transformation Facility Records:
Retention, Access, and
Investigations.
8811.5. Identifying .lurisdiction of Origin.
88 1 1 .6. Frequency of Origin Surveys.
8811.7. Determining Origin of Waste at a
Transformation Facility.
8811.8. Applicability of Alternative
Reporting Systems.
881 1 .9. Transformation Facility Disposal
Reports: Content, Timing, and
Distribution.
8811.10. Disposal Reporting Due Dates for a
Transformation Facility.
8811.11. Non-Compliance.
8812. Disposal Reporting Requirements
for an Agency.
8812.1. Signage for an Agency. (Not
applicable)
8812.2. Scales and Weighing Requirements
for an Agency. (Not applicable)
8812.3. Training Requirements for an
Agency.
8812.4. Agency Records: Retention, Access,
and Investigations.
8812.5. Identifying Jurisdiction of Origin.
8812.6. Frequency of Origin Surveys.
8812.7. Determining Origin of Waste for an
Agency.
8812.8. Applicability of Alternative
Reporting Systems.
8812.9. Agency Disposal Reports: Content,
Timing, and Distribution.
8812.10. Disposal Reporting Due Dates for
an Agency.
8812.11. Non-Compliance.
8813. Disposal Reporting Requirements
for a Jurisdiction.
8813.1. Signage for a Jurisdiction. (Not
applicable)
8813.2. Scales and Weighing Requirements
for a Jurisdiction. (Not applicable)
8813.3. Training Requirements for a
Jurisdiction.
8813.4. Jurisdiction Records: Retention,
Access, and Investigations.
8813.5. Identifying Jurisdiction of Origin.
8813.6. Frequency of Origin Surveys.
881 3.7. Determining Origin of Waste for a
Jurisdiction. (Not applicable)
8813.8. Applicability of Alternative
Reporting Systems.
8813.9. Jurisdiction Disposal Reports:
Content, Timing, and Distribution.
8813.10. Disposal Reporting Due Date
Information.
8813.11. Non-Compliance.
8814. Disposal Reporting Requirements
for a District.
§
18814.1.
18814.2.
§
18814.3.
18814.4.
§
§
18814.5.
18814.6.
18814.7.
§
18814.8.
§
18814.9.
§
18814.10.
§
18814.11.
Article 9.3.
Signage for a District.
Scales and Weighing Requirements
for a District.
Training Requirements for a District
District Records: Retention, Access,
and Investigations
Identifying Jurisdiction of Origin.
Frequency of Origin Surveys.
Determining Origin of Waste for a
District.
Applicability of Alternative
Reporting Systems.
District Disposal Reports: Content,
Timing, and Distribution.
Disposal Reporting Due Dates for a
District.
Non-Compliance.
Adjustment Method for
Calculating Changes in
Waste Generation
Tonnage 806.l38(y)
§ 18827.
Scope and Purpose.
§ 18828.
Definitions.
§ 18829.
Adjustment Factor Sources.
§ 18830.
Adjustment Method Calculation.
§ 18831.
Reporting Requirements.
Appendix
A
806.139
Chapter 10.
Solid Waste Cleanup Program
806.298
Article 1.
Authority
806.298
§ 18900.
Scope.
Article 2.
Definitions
806.298
§ 18901.
Definitions.
Article 3.
Site Selection and Ranking
Criteria
806.299
§ 18902.
Site Eligibility.
§ 18903.
Site Prioritization.
§ 18904.
Eligible and Ineligible Remedial
Actions.
Article 4.
Loans to Local
Governments
806.299
§ 18905.
Purpose.
§ 18906.
Loan Eligibility.
§ 18907.
Loan Requirements.
§ 18908.
Loan Application Process.
§ 18909.
Preliminary Review of Loan
Applications.
§ 18910.
Review of Complete Loan
Applications and Board Approval
§ 18911.
Loan Agreement.
§ 18912.
Financial Condition Notification.
Article 5.
Grants to Public Entities to
Abate Illegal Disposal
Sites
806.301
§ 18913.
Purpose.
§ 18914.
Grant Eligibility.
§ 18915.
Grant Requirements.
§ 18916.
Grant Application Process.
§ 18917.
Preliminary Review of Grant
Applications.
§ 18918.
Review of Complete Grant
Applications and Board Approval.
§ 18919.
Grant Agreement.
Article 6.
Matching Grants to Public
Entities
806.302
§ 18920.
Purpose.
§ 18921.
Matching Grant Eligibility.
§ 18922.
Matching Grant Requirements.
§ 18923.
Matching Grant Application
Process.
Page xix
(7-25-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Page
§ 18924. Preliminary Review of Matching
Grant Applications.
§ 18925. Review of Complete Matching
Grant Applications and Board
Approval.
§ 18926. Matching Grant Agreement.
§ 18927. Financial Condition Notification.
Article 7.
Page
Board Managed
Remediations 806.303
!? 18928.
Purpose.
§18929.
Cost Recovery.
§ 18930.
Responsible Parties Identification.
§ 18931.
Eligibility.
§ 18932.
Board Approval.
•
Page XX
(7-25-2008)
Title 14
California Integrated Waste Management Board
§ 17008
Division 7. California Integrated Waste
Management Board
Chapter 1. General Provisions
Article 1 . Emergency Waiver of Standards
§ 1 7000. Waiver of Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New article 1 heading and section filed 2-1 1-93 as an emergency; operative
2-1 1-93 (Register93, No. 7). A Certificate of Compliance must be transmitted
to OAL 6-1 1-93 or emergency language will be repealed by operation of law
on the following day. For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 93,
No. 46).
3. New section filed 11-12-93 as an emergency; operative 11-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of History 3 (Register 95, No. 36).
5. Repealed by operation of Government Code section 1 1346.1(g) (Register 95,
No. 36).
§ 1 7001 . Purpose and Limitations of Waiver.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 2-1 1-93 as an emergency; operative 2-11-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 93,
No. 46).
3. New section filed 1 1-12-93 as an emergency; operative 11-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 1 1346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95, No. 36).
§ 17002. Reporting Requirement.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 2-1 1-93 as an emergency; operative 2-1 1-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93,
No. 46).
3. New section filed 11-12-93 as an emergency; operative 1 1-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95, No. 36).
§ 1 7003. Effect on Other Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1 . New section filed 2-1 1-93 as an emergency; operative 2-1 1-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 93,
No. 46).
3. New section filed 1 1-12-93 as an emergency; operative 11-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 1 1346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95. No. 36).
§ 17004. Diversion Requirements.
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 2-1 1-93 as an emergency; operative 2-1 1-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-1 1-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 93,
No. 46).
3. New section filed 1 1-12-93 as an emergency; operative 1 1-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-1 2-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 1 1346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95, No. 36).
§ 1 7005. LEA Report to the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 2-1 1-93 as an emergency; operative 2-1 1-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-11-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code secfion 1 1346.1(g) (Register 93,
No. 46).
3. New section filed 1 1-12-93 as an emergency; operative 11-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95, No. 36).
§ 17006. Executive Director's Duties and Powers Relative
to the Waiver.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1 . New section filed 2-1 1-93 as an emergency; operative 2-1 1-93 (Register 93,
No. 7). A Certificate of Compliance must be transmitted to OAL 6-1 1-93 or
emergency language will be repealed by operation of law on the following day.
For prior history, see Register 93, No. 4.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 93,
No. 46).
3. New section filed 1 1-12-93 as an emergency; operative 1 1-12-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL 3-12-94
or emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 95,
No. 6).
5. Editorial correction of History 3, adding History 4, and deleting text (Register
95, No. 36).
§ 1 7008. Waiver of Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-1 9-94 as an emergency; operative 9-1 9-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
Page 719
Register 96, No. 22; 5-31 -96
§ 17009
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operative 9-1 5-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-1 5-96
or emergency language will be repealed by operation of law on the following
day.
7. Repealed by operation of Government Code secfion 1 1346.1(g) (Register 96,
No. 22).
§ 17009. Purpose and Limitations of Waiver.
NOTE: Authority cited; Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021 , Public Resources Code.
History
1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94,
No. 3). A Cenificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operation of law on the following
day.
5. New section refiled 5-1 8-95 as an emergency; operafive 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-1 5-95
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operafive 9-15-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96
or emergency language will be repealed by operafion of law on the following
day.
7. Repealed by operafion of Government Code secfion 11346.1(g) (Register 96,
No. 22).
§ 17010. Reporting Requirement.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 1-21-94 as an emergency; operafive 1-21-94 (Register 94,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 9-1 9-94 as an emergency; operafive 9-19-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operafion of law on the following
day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operafive 9-15-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15--96
or emergency language will be repealed by operafion of law on the following
day.
7. Repealed by operafion of Government Code section 1 1346.1(g) (Register 96,
No. 22).
§ 1 701 1 . Effect on Other Standards, Ordinances,
Regulations and Laws.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021 , Public Resources Code.
History
1. New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94,
No. 3). A Cerfificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operafion of law on the following
day. For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-1 9-94 as an emergency; operative 9-1 9-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-1 7-95
or emergency language will be repealed by operation of law on the fol-
lowing day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operation of law on the following
day.
5. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 9-1 5-95 as an emergency; operative 9-1 5-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96
or emergency language will be repealed by operafion of law on the following
day.
7. Repealed by operafion of Government Code secfion 11346.1(g) (Register 96,
No. 22).
§17012. Diversion Requirements.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 40002, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 1-21-94 as an emergency; operative 1-21-94 (Register 94,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-1 6-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9- 1 9-94 as an emergency; operative 9-1 9-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operafion of law on the following
day.
5. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96
or emergency language will be repealed by operation of law on the following
day.
7. Repealed by operafion of Government Code section 1 1346.1(g) (Register 96,
No. 22).
§ 1 701 3. LEA Report to the Board.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 1-21-94 as an emergency; operafive 1-21-94 (Register 94,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 93, No. 14.
2. New section refiled 5-1 9-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-19-94 as an emergency; operafive 9-19-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operation of law on the following
day.
5. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
Page 720
Register 96, No. 22; 5-31-96
Title 14
California Integrated Waste Management Board
§ 17022
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-1 5-96
or emergency language will be repealed by operation of law on the following
day.
7. Repealed by operation of Government Code section 1 1346.1(g) (Register 96,
No. 22).
§ 17014. Executive Director's Duties and Powers Relative
to the Waiver.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1 . New section filed 1-21-94 as an emergency; operative 1-21-94 (Register 94,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-23-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 93, No. 14.
2. New section refiled 5-19-94 as an emergency; operative 5-19-94 (Register 94,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-94
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-19-94 as an emergency; operative 9-19-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-19-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-95
or emergency language will be repealed by operation of law on the following
day.
5. New section refiled 5-1 8-95 as an emergency; operafi ve 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operadon of law on the following
day.
6. New section refiled 9-15-95 as an emergency; operative 9-15-95 (Register 95,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-15-96
or emergency language will be repealed by operation of law on the following
day.
7. Repealed by operation of Government Code section 1 1346.1(g) (Register 96,
No. 22).
§ 1 701 5. LEA Report to the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1 . New section filed 10-5-92 as an emergency; operafi ve 10-5-92 (Register 92,
No. 41). A Certificate of Compliance must be transmitted to OAL 2-2-93 or
emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 93,
No. 14).
§ 17016. Executive Director's Duties and Powers Relative
to the Waiver.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-5-92 as an emergency; operative 10-5-92 (Register 92,
No. 41). A Ceitificate of Compliance must be transmitted to OAL 2-2-93 or
emergency language will be repealed by operation of law on the following day.
2. Repealed by operadon of Government Code section 11346.1(g) (Register 93,
No. 14).
Article 2. Contracting with Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§ 17020. Definitions.
As used in these regulations:
(a) "Architectural, engineering, environmental, land surveying ser-
vices," and "construction project management" have the respective
meanings set forth in Section 4525 of the Government Code.
(b) "Board" means the California Integrated Waste Management
Board or the Board's designee authorized to contract for architectural,
engineering, environmental, land surveying and construction project
management services on behalf of the board.
(c) "Firm" means any individual, firm, partnership, corporation, asso-
ciation, or other legal entity permitted by law to practice the profession
of architecture, engineering, environmental services, land surveying, or
construction project management.
(d) "MAVBE" means Minority Business Enterprise and/or Women
Business Enterprise.
(e) "DVBE" means Disabled Veteran Business Enterprise.
(f) "Small Business Firm" has the meaning set forth in Section
14837(c) of the Government Code.
NOTE: Authority cited: Secfion 40502, Public Resources Code; Section 4526,
Government Code. Reference: Sections 4525 and 4526, Government Code; Sec-
fions 45402 and 45403, Public Resources Code.
History
1. New section filed 8-1-91 as an emergency; operafive 8-1-91 (Register 92, No.
3). A Certificate of Compliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of secfion
transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring History 1 . (Register 92, No. 18).
§ 1 7021 . Publication of Request for Qualifications.
(a) The board shall publish a Request for Qualifications (RFQ) for ex-
pected architectural, engineering, environmental, land surveying and
construction project management services in the State Contracts Register
and in statewide publications of appropriate professional societies.
(b) The announcement shall include the following information: a con-
tract identification number, a brief description of services required; loca-
tion, budget, and duration; eligibility and preferences; submittal require-
ments and deadlines; and name and telephone number of board contact
for questions on the publication.
NOTE: Authority cited: Secfion 4526, Government Code; Secfion 40502, Public
Resources Code. Reference: Secfions 4526, 4527 and 4529.5, Government Code;
Sections 45402 and 45403, Public Resources Code.
History
1. New secfion filed 8-1-91 as an emergency; operafive 8-1-91 (Register 92, No.
3). A Certificate of Compliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of secfion
transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17022. Selection Criteria.
The board shall select firms based on their ability to perform the spe-
cific functions outlined in the RFQ. The criteria for selection will include:
(a) Overall professional experience, reliability, and continuity of the
firm as related to the tasks described in the RFQ.
(b) Professional experience of the firm in executing contracts of a sim-
ilar nature.
(c) Adequacy of personnel numbers within specific disciplines re-
quired to complete the work required by the RFQ.
(d) Experience and training of key personnel as related to the work de-
scribed in the RFQ.
(e) Adequacy of number of principal(s) which are intended to be as-
signed to the contract.
(f) Knowledge of applicable regulations and technology associated
with the contract.
(g) Quality and timeliness of recently completed or nearly completed
projects which were similar to the work described in the RFQ.
(h) Specialized qualifications for the services to be performed.
(i) Compliance with MAVBE and DVBE goals or good faith effort pur-
suant to Public Contract Code section 10115 et seq.
These factors shall be weighted by the board according to the nature
of the project, the needs of the State and complexity and special require-
ments of the specific project.
Page 720.1
Register 96, No. 22; 5-31-96
§ 17023
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 4526, Government Code; Section 40502. Public
Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code;
Sections 45402 and 45403, Public Resources Code.
History
1. New section filed 8-1 -9 J as an emergency; operative 8-1-91 (Register 92. No.
3). A Certificate of Compliance must be transmitted toOAL ] 1-29-9 1 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section
transmitted to OAL 1 1-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register 92, No. 18).
§17023. Selection of Firms.
After expiratiofi of the deadline date in the publications, the board shall
review and rank eligible firms on file at the board using the selection cri-
teria contained in Section 17022. The board shall conduct interviews
with no less than the top three ranked firms to discuss qualifications and
methods for furnishing the required services. From the firms with which
discussions are held, the board shall select no less than three, in order of
preference, based upon the established criteria, who are deemed to be the
most highly qualified to provide the services required.
NOTE: Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code;
Sections 45402 and 45403, Public Resources Code.
History
1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3), A Certificate of Compliance must be transnutted to OAL 11-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section
transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial conection restoring History 1. (Register 92, No. 18).
§17024. Negotiation of Contract.
(a) The board shall request a detailed Fee Proposal from the best quali-
fied firm and shall require a State's Estimate of Fees to be prepared by
board staff prior to negotiations. The State's estimate shall remain confi-
dential until award of contract or abandonment of any further procedure
for the services to which it relates. If the board determines the State's esti-
mate to be unrealistic for any reason, the board shall require the estimate
to be reevaluated and modified if necessary.
(b) The board shall attempt to negotiate a contract with the best quali-
fied firm. Should the board be unable to negotiate a satisfactory contract
with the firm considered to be the most qualified at fair and reasonable
compensation, negotiations with that firm shall be terminated. The board
shall then undertake negotiations with the second most qualified firm.
Failing accord, negotiations shall be terminated. The board shall then un-
dertake negotiations with the third most qualified firm. Failing accord,
negotiations shall be terminated. Should the board be unable to negotiate
a satisfactory contract with any of the selected firms, the board may select
additional firms in the manner prescribed above and continue the negoti-
ation procedure until an agreement is reached.
NOTE: Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Section 4528, Government Code; Sections 45402
and 45403, Public Resources Code.
History
1 . New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate of Compliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-91 order including amendment of section
transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring History 1. (Register 92, No. 18).
§ 1 7025. Contract Agreement.
(a) After successful negotiations, the board and the firm shall complete
and sign the contract agreement.
(b) In instances where the State effects a necessary change in the con-
tract during the course of performance of the services, the firm's compen-
sation may be adjusted by mutual written agreement.
NOTE: Authority cited: Section 4526, Government Code; Section 40.502, Public
Resources Code. Reference: Section 4528, Government Code; Sections 45402
and 45403, Public Resources Code.
History
1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate ofCompliance must be transmitted to OAL 11-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 8-1-91 order including amendment of section
transmitted to OAL 1 1-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial coiTection restoring History 1 . (Register 92, No. 1 8).
§ 17026. Contracting in Phases.
Should the board determine that it is necessary or desirable to have a
given project performed in phases, it will not be necessary to negotiate
the total contract price in the initial instance, provided that the board shall
have determined that the firm is best qualified to perform the whole proj-
ect at reasonable cost, and the contract contains provisions that the state,
at its option, may utilize the firm for other phases and the firm will accept
a fair and reasonable price for subsequent phases to be later negotiated,
mutually-agreed upon and reflected in a subsequent written instrument.
The procedure with regard to estimates and negotiation shall otherwise
be applicable.
NOTE: Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Section 4526, Government Code; Sections 45402
and 45403, Public Resources Code.
History
1 . New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate ofCompliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 8-1-91 order including amendment of section
transmitted to OAL U-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring History 1. (Register 92, No. 18).
§17027. Emergency Contracting.
Where the board makes a finding of emergency, the board may negoti-
ate a contract for such services without following procedures in Sections
17020 - 17029. The finding of emergency must include a finding that
conditions at a solid waste facility pose an imminent threat to life or
health and insufficient time exists to implement the foregoing procedures
to secure services. The selection criteria will be the same as those listed
in Section 17022 and fees will still be negotiated as described in Section
17024. The announcement, formal ranking, and interviewing proce-
dures, as specified in Sections 17021 and 17023 may be by-passed.
NOTE; Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Sections 45001 , 45002, 45402 and 45403, PubUc Re-
sources Code.
History
1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate ofCompliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 8-1-91 order including amendment adopting
this section transmitted to OAL 11-26-91 and filed 12-26-91 (Register 92, No.
13).
3. Editorial correction restoring History 1. (Register 92, No. 18).
§ 17028. Small Business Participation.
The board shall endeavor to provide copies of announcements for ser-
vices to Small Business Firms that have indicated an interest in receiving
such announcements. Failure of the board to send a copy of an announce-
ment to any firm shall not invalidate any selection or contract.
NOTE: Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Sections 4526 and 4527, Government Code; Sections
45402 and 45403, Public Resources Code.
History
1 . New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate ofCompliance must be transmitted to OAL 1 1-29-91 or emer-
gency language will be repealed by operation of law on the following day.
[The next page is 720.3.]
Page 720.2
Register 96, No. 22; 5-31-96
Title 14
California Integrated Waste Management Board
§ 17032
2. Certificate of Compliance as to 8-1-91 order including amendment of section
transmitted to OAL 1 1-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring HiSTCmv I. (Register 92, No. 18).
§ 17029. Unlawful Activities and Conflict of Interest.
Practices which might result in unlawful activity, including, but not
limited to, rebates, kickbacks, or other unlawful consideration are pro-
hibited. Additionally, a board employee shall not participate in the selec-
tion process if the employee has a relationship of a type specified in sec-
tion 87100 of the Government Code, with a person or business entity
seeking a contract subject to this chapter.
NOTE: Authority cited: Section 4526, Government Code; Section 40502, Public
Resources Code. Reference: Section 4526, Government Code; Sections 45402
and 45403, Public Resources Code.
History
1. New section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No.
3). A Certificate ofCompliance must be transmitted to OAL 11-29-91 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 8-1-91 order including amendment of section
transmitted to OAL 1 1-26-91 and filed 12-26-91 (Register 92, No. 13).
3. Editorial correction restoring History 1 . (Register 92, No. 18).
Article 3. Implementation of Federal Laws
§ 17031. Regional Boundaries.
Pursuant to § 4006(a) of the Resource Conservation and Recovery Act
of 1976, P.L. 94-580, 42 USC § 6946, the following boundaries are iden-
tified for solid waste management in California:
(a) The boundaries of each of the 58 counties in California for address-
ing local issues;
(b) The boundaries of the jurisdiction of each of the ten Metropolitan
Councils of Governments and of the California Tahoe Regional Planning
Agency for addressing regional issues. These boundaries are as follows:
(1 ) The boundaries of the area lying within the jurisdiction of the Asso-
ciation of Bay Area Governments which include the Counties of Alame-
da, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara,
Solano and Sonoma;
(2) The boundaries of the area lying within the jurisdiction of the Asso-
ciation of Monterey Bay Area Governments which include the Counties
of Monterey and Santa Cruz;
(3) The boundaries of the area lying within the jurisdiction of the Com-
prehensive Planning Organization of the San Diego Region which in-
clude the County of San Diego;
(4) The boundaries of the area lying within the jurisdiction of the Sac-
ramento Regional Area Planning Commission which include the Coun-
ties of Sacramento, Sutter, Yolo and Yuba and the City of Roseville;
(5) The boundaries of the area lying within the jurisdiction of the
Southern California Association of Governments which include the
Counties of Imperial, Los Angeles, Orange. Riverside, San Bernardino
and Ventura;
(6) The boundaries of the area lying within the jurisdiction of the
Council of Fresno County Governments which include the County of
Fresno;
(7) The boundaries of the area lying within the jurisdiction of the Kern
County Council of Governments which include the County of Kern;
(8) The boundaries of the area lying within the jurisdiction of the San
Joaquin County Council of Governments which include the County of
San Joaquin;
(9) The boundaries of the area lying within the jurisdiction of the Santa
Barbara County — Cities Area Planning Council which include the
County of Santa Barbara;
(10) The boundaries of the area lying within the jurisdiction of the Sta-
nislaus Area Association of Governments which include the County of
Stanislaus; and
(11) The boundaries of the area lying within the jurisdiction of the Cal-
ifornia Tahoe Regional Planning Agency which include that part of Lake
Tahoe within the jurisdiction of the State of California, the adjacent parts
of the Counties of El Dorado and Placer lying within the Tahoe Basin in
the State of California, and that additional and adjacent part of the County
of Placer outside of the Tahoe Basin in the State of California which hes
southward and eastward of a line starting at the intersection of the basin
cresthne and the north boundary of Section 1, thence west to the north-
west comer of Section 3, thence south to the intersection of the basin
Crestline and the west boundary of Section 10; all sections referring to
Township 15 North, Range 16 East, MDB&M;
(c) Tlie boundaries of the State of California for addressing statewide
issues.
Comment: This regulation may be modified from time to time identi-
fying additional or different regional boundaries pursuant to Section
4006(a) of the Act. The method for identifying unspecified State, region-
al and local issues will be set forth in the regulation concerning identifica-
tion of agencies and their responsibilities. Regional issues will be deter-
mined by the State Solid Waste Management Board with the advice of
the affected counties and regional agencies.
History
1. New Article 3 (Section 17031) filed 12-13-77; effective thirtieth day thereafter
(Register77, No. 51).
§17032. Agencies.
Pursuant to Section 4006(b) of the Resource Conservation and Recov-
ery Act of 1976, P.L. 94-580, 42 USC Section 6946 and Section 66793
of the Government Code, the following responsible agencies are identi-
fied for solid waste management in California:
(a) Within each of the counties in California, the Boards of Supervisors
are responsible, with the approval of a majority of the cities within the
county which contain a majority of the population of the incorporated
area of the county, for local planning and implementation of solid waste
management in accordance with Section 66780 of the Government Code
with the following exceptions:
(1) Within the County of Alameda, the Alameda County SoUd Waste
Management Authority is responsible for solid waste planning and im-
plementation;
(2) Within the County of Merced, the Merced County Solid Waste Ad-
visory Board is responsible for solid waste planning and implementation;
(3) Within the County of Santa Clara, the Solid Waste Planning Com-
mittee is responsible for solid waste planning and implementation;
(4) Within the County of Ventura, the Ventura Regional County Sani-
tation District is responsible for solid waste planning and implementation
with the approval of a majority of the cities within the county which con-
tain a majority of the population of the incorporated area of the county;
(5) Within the County of Los Angeles, the Los Angeles County Solid
Waste Management Committee is the responsible countywide agency
for solid waste planning. Implementation shall be accomplished by those
responsible agencies identified in the Los Angeles County Solid Waste
Management Plan.
(b) Regional issues will be determined by the State Solid Waste Man-
agement Board with the advice of the affected counties and regional
agencies.
(c) For regional planning, the following agencies are identified:
(1) The Associafion of Bay Area Governments is responsible for re-
gional issues for solid waste management planning within the boundaries
of the area including the Counties of Alameda, Contra Costa, Marin, San
Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma;
(2) The Sacramento Regional Area Planning Commission is responsi-
ble for regional issues for solid waste management planning within the
boundaries of the area including the Counties of Sacramento, Sutter,
Yolo, Yuba, and the City of Roseville;
(3) The Southern California Association of Governments is responsi-
ble for regional issues for solid waste management planning within the
boundaries of the area including the Counties of Imperial, Los Angeles,
Orange, Riverside, and San Bernardino.
(4) The California Tahoe Regional Planning Agency is responsible for
regional issues for solid waste management planning within the bound-
aries of the area including that part of Lake Tahoe within the jurisdicdon
Page 720.3
Register 94, No. 48; 12-2-94
§ 17041
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
of the State of California, the adjacent parts of the Counties of El Dorado
and Placer lying within the Tahoe Basin in the State of California, and
that additional and adjacent part of the County of Placer outside of the
Tahoe Basin in the State of California which lies southward and eastward
of a line starting at the intersection of the basin crestline and the north
boundary of Section 1 , thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west bound-
ary of Section 10; all sections referring to Township 15, North, Range 16
East, M.D.B.&M.
(d) For statewide solid waste management planning and implementa-
tion the following are identified:
(1) The State Solid Waste Management Board is responsible for solid
waste management planning and implementation within the boundaries
of the State of California;
(2) The State Department of Health is responsible for hazardous waste
management planning and implementation within the boundaries of the
State of California.
Comment: The State Solid Waste Management Board widely distrib-
uted to the interested public a request for nominations of agencies. Based
on the nominations received, a proposed regulation was drafted and cir-
culated for comment prior to two public hearings; one on April 4, 1978
in the State Building, 455 Golden Gate Avenue, Room 1200, San
Francisco, California, and the other on April 5, 1978 in the Inglewood
City Hall, One Manchester Boulevard, Community Room, Inglewood,
California. This regulation was finally considered at a regularly sched-
uled public State Solid Waste Management Board Meeting on April 21 ,
1978, and was adopted at that time as amended.
NOTE: Authority cited: Section 66790, Government Code, Section 6946, 42
United States Code and Section 4006, 90 Stat. 2816, P.L. 94-580, Federal Re-
source Conservation and Recovery Act of 1976. Reference: Section 66793, Gov-
ernment Code.
History
1. New section filed 4-27-78; effective thirtieth day thereafter (Register 78, No.
17).
Article 4. Public Records
§ 1 7041 . Scope and Applicability.
This article shall apply to all requests to the Board pursuant to the Cali-
fornia Public Records Act (Government Code sections 6250 et seq.) for
the disclosure of public records or for maintaining the confidentiality of
data received by the Board.
NOTE: Authority cited: Section 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Section 6150 et seq.. Government
Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
History
1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1.
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of
Note to OAL 10-13-94 and filed 1 1-28-94 (Register 94, No. 48).
§17042. Disclosure Policy.
It is the policy of the Board that all records not exempted from disclo-
sure by state or federal law shall be available for public inspection as pro-
vided in the California Public Records Act, Government Code section
6250 et seq. Requests for records that are not exempt from disclosure by
state or federal law, and which are determined as provided in this article
to be confidential or proprietary shall be evaluated to determine whether,
on the facts of the particular case, the public interest served by not making
the record public clearly outweighs the public interest served by disclo-
sure of the record.
NOTE; Authority cited: Section 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Section 6250 et seq., Government
Code: Sections 40062, 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
HrSTORY
1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate ofCompliance must be transmitted lo OAL by 10-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1.
2. Certificate ofCompliance as to 6-16-94 order transmitted with amendment of
section and Note to OAL 10-13-94 and filed 1 1-28-94 (Register 94, No. 48).
§ 17043. Requests for Public Records.
All requests for public records, as defined in Government Code sec-
tion 6252, shall be made in writing to the Board's custodian of records,
and shall be addressed as follows:
Custodian of Records
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
NOTE: Authority cited: Section 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Secfion 6250 et seq.. Government
Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
History
1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1.
2. Certificate of CompUance as to 6-1 6-94 order transmitted with amendment of
NOTE to OAL 10-13-94 and filed 1 1-28-94 (Register 94, No. 48).
§ 17044. Submittal of Trade Secrets.
Any person submitting to the Board any records containing data
claimed to be a "trade secret," as defined in Public Resources Code sec-
tion 40062, shall at the time of submission, identify all information which
the person believes is a trade secret, and shall provide the name, address
and telephone number of the individual to be contacted if the Board re-
ceives a request for disclosure of or seeks to disclose the data claimed to
be trade secret. Any information not identified by the person as a trade
secret shall be made available to the public, unless exempted from disclo-
sure by another provision of law.
NOTE; Authority cited: Section 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Section 6250e/je^., Government
Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxafion Code.
History
1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate ofCompliance must be u-ansmitted to OAL by 10-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1 .
2. Certificate ofCompliance as to 6-16-94 order transmitted with amendment of
section and Note to OAL 10-1 3-94 and filed 1 1-28-94 (Register 94, No. 48).
§ 17045. Submittal of Confidential or Proprietary Data.
Any person submitting to the Board any records containing data
claimed to be confidential or proprietary, or to be otherwise exempt from
disclosure under Government Code section 6250 et seq., or under other
applicable provisions of law shall, at the time of submission, identify in
writing the portions of the records containing such data as "confidential"
or "proprietary," and shall provide the name, address and telephone num-
ber of the individual to be contacted if the Board receives a request for
disclosure of or seeks to disclose the data claimed to be confidential.
NOTE: Authority cited: Secfion 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Section 6250 er.se^.. Government
Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxafion Code.
History
1. New secfion filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate ofCompliance must be transmitted to OAL by 10-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1.
2. Certificate ofCompliance as to 6-16-94 order transmitted with amendment of
secfion and Note to OAL 10-1 3-94 and filed 11 -28-94 (Register 94, No. 48).
§ 17046. Disclosure of Trade Secrets and Confidential or
Proprietary Data.
(a) This section shall apply to all data in the custody of the Board:
(1) which is designated "trade secret," as defined in Public Resources
Code section 40062,
Page 720.4
Register 94, No. 48; 12-2-94
Title 14
California Integrated Waste Management Board
§ 17050
(2) which is considered by the Board or identified by the person who
submitted the data to be confidential or proprietary data,
(3) which is received from a federal, state or local agency with a confi-
dential or proprietary data designation, or
(4) which is exempt from disclosure under Government Code section
6250 et seq., or under other applicable provisions of law.
(b) Confidential or proprietary information shalJ include, but is not
limited to:
(1) personal or business-related financial data, customer client lists,
supplier lists and other information of a proprietary or confidential busi-
ness nature provided by persons in applications, reports, returns, certifi-
cations or other documents submitted to the Board which if released
would result in harmful effects on the person's competitive position;
(2) tax information prohibited from disclosure, pursuant to the Reve-
nue and Taxation Code.
(c) Upon receipt of a request from a member of the public that the
Board disclose data claimed to be trade secret, confidential or proprietary
information, or if the Board, upon its own initiative, seeks to disclose
such data, the Board shall inform the individual designated pursuant to
section 17045 in writing that disclosure of the data is sought, and that a
determination is being made as to whether any or all of the information
has been properly identified as trade secret, confidential or proprietary
information.
(1) If the Board determines that the information is not trade secret, con-
fidential or proprietary information, the Board shall notify the person
who furnished the information by certified mail. The person who fur-
nished the information shall have 30 days after receipt of this notice to
provide the Board with a complete justification and statement of the
grounds on which the trade secret, confidential or proprietary informa-
tion claim is being made. The justification and statement shall be sub-
mitted to the Board by certified mail. The deadline for filing the justifica-
tion may be extended by the Board upon a showing of good cause made
prior to the deadline specified for its receipt.
(A) The justification and statement submitted in support of a claim of
trade secret, confidential or proprietary information shall include, but is
not limited to, the following:
( 1 ) a specific description of the data claimed to be entitled to treatment
as trade secret, confidential or proprietary information;
(2) a statement as to whether it is asserted that the data is a trade secret,
is confidential or proprietary information, that disclosure of the data
would result in harmful effects on the person's competitive position, and
if so, the nature and extent of such anticipated harmful effects;
(3) any statutory or regulatory provisions under which the claim of
trade secret, confidentiality or proprietary is asserted;
(4) the period of time for which trade secret, confidential or proprietary
treatment is requested;
(5) the extent to which the data has been disclosed to others and wheth-
er its trade secret, confidential or proprietary status has been maintained
or its release restricted;
(6) trade secret, confidentiality or proprietary determinations, if any,
made by other public agencies as to all or part of the data and a copy of
any such determination, if available.
(B) Documentation, as specified in (A), in support of a claim of trade
secret, confidentiality or proprietary may be submitted to the Board prior
to the time disclosure is sought.
(2) The Board shall determine whether the information is protected as
trade secret, confidential or proprietary information within 15 days after
receipt of the justification and statement or, if no justification and state-
ment is filed, within 45 days of the notice required by paragraph (1). The
Board shall notify the person who fumished the information and any
party who has requested the information pursuant to a public records re-
quest of the determination, by certified mail.
(3) If the Board determines that the information is not protected as
trade secret, confidential or proprietary information, the notice required
by paragraph (2) shall also specify a date, not sooner than 15 days after
the date of mailing of the notice, when the information shall be made
available to the public.
(d) Except as provided in subdivision (c), the Board may release infor-
mation submitted and designated as trade secret, confidential or propri-
etary information to the following under the following conditions:
(1) Other governmental agencies, and the Legislature, may receive in-
formation that has been compiled or aggregated from confidential infor-
mation, but does not reveal the specific sources of the information, when
the information has been requested in connection with a local enforce-
ment agency's or the Board's responsibilities under this division or for
use in making reports.
(2) to the state or any state agency in judicial review for enforcement
proceedings involving the person furnishing the information.
(e) Should judicial review be sought of a determination issued in ac-
cordance with section (c), the person requesting the data and/or the per-
son making the claim of trade secret, confidential or proprietary informa-
tion status in relation to the data, may be made a party or parties to the
litigation to justify the determination.
NOTE: Authority cited: Section 6253, Government Code; Sections 40502, 42297
and 42325, Public Resources Code. Reference: Section 6250 <?/^5'^^., Government
Code; Sections 40062. 42323 and 42783, Public Resources Code; and Sections
17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code.
History
1. New section filed 6-16-94 as an emergency; operative 6-16-94 (Register 94,
No. 24). A Certificate of Compliance must be transmitted to OAL by 1 0-14-94
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 89, No. 1 .
2. Certificate of Compliance as to 6-16-94 order transmitted with amendment of
section and Note to OAL 10-13-94 and filed 11-28-94 (Register 94, No. 48).
§17047. Scope.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
Article 5. Unreliable Contractors,
Subcontractors, Borrowers and Grantees
§ 17050. Grounds for Placement on Unreliable List.
The following are grounds for a finding that a contractor, any subcon-
tractor that provides services for a board agreement, grantee or borrower
is unreliable and should be placed on the board's Unreliable Contractor,
Subcontractor, Grantee or Borrower List ("Unreliable List"). The pres-
ence of one of these grounds shall not automatically result in placement
on the Unreliable List. A finding must be made by the Executive Director
in accordance with section 17054, and there must be a final decision on
any appeal that may be filed in accordance with section 17055 et seq.
(a) Disallowance of any and/or all claim(s) to the board due to fraudu-
lent claims or reporting; or
(b) The filing of a civil action by the Attorney General for a violation
of the False Claims Act, Government Code section 12650 et. seq; or
(c) Default on a board loan, as evidenced by written notice from board
staff provided to the borrower of the default; or
(d) Foreclosure upon real property loan collateral or repossession of
personal property loan collateral by the board; or
(e) Filing voluntary or involuntary bankruptcy, where there is a find-
ing based on substantial evidence, that the bankruptcy interfered with the
board contract, subcontract, grant or loan; or
(f) Breach of the terms and conditions of a previous board contract, any
subcontract for a board agreement, grant, or loan, resulting in termination
of the board contract, subcontract, grant or loan by the board or prime
contractor; or
(g) Placement on the board's chronic violator inventory established
pursuant to Public Resources Code section 44104 for any owner or oper-
ator of a solid waste facility; or
(h) The person, or any partner, member, officer, director, responsible
managing officer, or responsible managing employee of an entity has
been convicted by a court of competent jurisdiction of any charge of
fraud, bribery, collusion, conspiracy, or any act in violation of any state
Page 720.5
Register 2000, No. 1; 1-7-2000
§ 17051
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
or federal antitrust law in connection with the bidding upon, award of, or
performance under any board contract, subcontract, grant or loan; or
(i) The person or entity is on the list of unreliable persons or entities,
or similar list, of any other federal or California state agency; or
(j) The person or entity has violated an Order issued in accordance with
section 18304; or,
(k) The person or entity has directed or transported to, has or accepted
waste tires at, a site where the operator is required to have but does not
have a waste tire facility permit; or
(/) The person or entity has transported waste tires without a waste tire
hauler registration; or,
(m) The person or entity has had a solid waste facil ity or waste tire per-
mit or a waste tire hauler registration denied, suspended or revoked; or,
(n) The person or entity has abandoned a site or taken a similar action
which resulted in corrective action or the expenditure of funds by the
Board to remediate, clean, or abate a nuisance at the site; or
(0) The following are additional grounds for a finding that, a person
or entity described below should be placed on the Unreliable List:
(1) The person or entity owned 20% or more of an entity on the Unreli-
able List at the time of the activity that resulted in its placement on the
Unreliable List;
(2) The person held the position of officer director, manager, partner,
trustee, or any other management position with significant control (Prin-
cipal Manager) in an entity on the Unreliable List at the time of the activ-
ity that resulted in its placement on the Unreliable List;
(3) The entity includes a Principal Manager who:
1. Was a Principal Manager in an entity on the Unreliable List at the
time of the activity that resulted in its placement on the Unreliable List;
or,
2. Owned 20% or more of an entity on the Unreliable List at the time
of the activity that resulted in its placement on the Unreliable List;
(4) The entity has a person who owns 20% or more of the entity, if that
person:
1. Was a Principal Manager in an entity on the Unreliable List at the
time of the activity that resulted in its placement on the Unreliable List;
or,
2. Owned 20% or more of an entity on the Unreliable List at the time
of the activity that resulted in its placement on the Unreliable List.
(5) The entity has another entity which owns 20% or more of the entity,
if that other entity:
1. Is on the Unrehable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time
of the activity that resulted in its placement on the Unreliable List.
(6) Subsection (o) is not intended to apply to a person or entity that pur-
chases or otherwise obtains an entity on the Unreliable List subsequent
to its placement on the Unreliable List.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New article 5 (sections 17050-17062) and section filed 1-7-2000; operative
2-6-2000 (Register 2000, No. 1).
§ 1705L Board Agreement for Contract, Grant or Loan.
(a) The Board shall not award a contract or grant, or approve a loan to
any person or entity on the Unreliable List, for up to three years from the
date of placement on the Unreliable List.
(b) This prohibition does not apply to Block Grants awarded pursuant
to Public Resources Code section 48690.
(c) This prohibition does not apply when the contract, grant or loan is
for the purpose of resolving the chronic violations which led to the person
or entity's placement on the Unreliable List in accordance with section
17050(g).
NoTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§ 17052. Board Agreement for Contract, Grant or Loan
with Proposed Subcontractor.
The board shall not award a contract or grant or approve a loan with
any person or entity who has proposed to enter into a subcontract with
any person or entity who would provide .services for the main agreement,
if that person or entity is on the Unreliable List, for up to three years from
the date of placement on the Unreliable List.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c).
47200(a), 4802 1 (b), 48 1 00, 48 1 01 , 4863 1 , 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17053. Board Subcontractors.
The board shall not give approval for a contractor, grantee or borrower
to enter into a subcontract with any person or entity who provides ser-
vices for the main agreement, if that person or entity is on the Unreliable
List, for up to three years from the date of placement on the Unreliable
List.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956. 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631 , 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§ 17054. Executive Director Finding.
(a) The Executive Director may make a proposed finding of unreliabil-
ity based on the occurrence of any event in Section 17050. The proposed
finding may be made at any time within 3 years after Board staff discover
that one or more of the events in Section 17050 may have occurred.
(b) In making such a finding, the Executive Director shall take into
consideration mitigating factors which indicate that the person or entity
is in fact reliable. These factors shall include, but are not limited to the
following:
(1) Whether the violation, breach, or unlawful act was serious or mate-
rial;
(2) The presence or absence of any intention to conceal, deceive, or
mislead;
(3) Whether the violation, breach, or unlawful act was deliberate, neg-
ligent, or inadvertent;
(4) Whether the violation, breach, or unlawful act was an isolated oc-
currence, had happened previously, or is part of a pattern and practice;
(5) Whether the person or entity cooperated with local, state or federal
authorities or took remedial action to correct, address, or prevent a future
violation, breach, or unlawful act.
(6) The degree to which restitution, or other compensation, has been
paid.
(c) After the Executive Director has made a proposed finding of unreli-
ability, the Executive Director shall notify the person or entity of the pro-
posed finding by certified or registered mail.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 4802 1 (b), 48 1 00, 48 1 01 , 4863 1 , 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17055. Appeal to Board.
A person or entity who wishes to appeal the Executive Director's pro-
posed finding of unreliability may, within 30 calendar days from the date
notification was sent, submit to the Executive Director a written request
for an appeal hearing before the board. The request shall state the grounds
on which appeal is requested, including the factual and legal argument
and supporting authorities.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
Page 720.6
Register 2000, No. 1; 1-7-2000
Title 14
California Integrated Waste Management Board
§ 17100
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17056. Final Finding.
(a) If the Executive Director does not receive a request for appeal with-
in 30 calendar days from the date notice of the proposed finding was sent,
the finding shall become final, and the person or entity shall be added to
the Unreliable List.
(b) If a person or entity appeals the proposed finding, but withdraws
the appeal or fails to attend the scheduled hearing, the proposed finding
shall become final upon withdrawal of the appeal or failure to attend the
hearing, and the person or entity shall be added to the Unreliable List.
(c) If a person or entity appeals the proposed finding of unreliability
and the board upholds the Executive Director's finding, the proposed
finding shall become final and the person or entity shall be added to the
Unreliable List.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12] 66, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17057. Hearing.
The appeal to the board will be heard at a board meeting according to
the following guidelines. The board has the right to augment these guide-
lines with specific time frames and procedures to fit within the board's
agenda deadlines and meeting format. The appellant may request that the
hearing be conducted in closed session to the extent authorized by law
and shall indicate the basis for such a request.
(a) The board shall schedule a hearing within 60 days from the appel-
lant's request for hearing.
(b) Prior to the hearing, board staff will inform appellant of the date
for the hearing and provide a copy of the agenda item. The appellant's
request for appeal will be included in the agenda item. Appellant may
submit additional information for consideration at the board meeting.
(c) The hearing need not be conducted according to the technical rules
relating to civil procedure, evidence and witnesses which would apply in
a court of law.
(d) The hearing shall not be governed by the Administrative Procedure
Act, Government Code sections 11340 et. seq.
(e) The Chairman of the Board may limit evidence and presentations
to the issues relevant to the appeal.
(f) There may be a presentation by board staff and/or attorneys and a
presentation by appellant and/or its attorneys.
(g) Oral testimony offered by any witness shall be under oath.
(h) The attorneys for the board and appellant shall not cross examine
each other's witnesses.
(i) Rebuttal testimony may be offered.
(j) After considering all presentations and evidence, the board shall
vote to uphold or overturn the proposed finding of unreliability made by
the Executive Director. A vote to uphold the finding means that the appel-
lant will be added to the Unreliable List for up to three years from the date
of the board meeting. A vote to overturn the Executive Director's finding
means that the appellant will not be added to the Unreliable List. In the
case of a tie vote, the appellant shall not be added to the Unreliable List.
NOTE: Authority cited: Secdon 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Secfion 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§ 17058. Reconsideration of Placement on Unreliable List.
At any time after eighteen months and prior to three years since place-
iTient on the Unreliable List, a person or entity may submit a written re-
quest to the Executive Director requesting that the final finding of unreU-
abihty be vacated. This request may be submitted once only during the
three year term of the Unreliable List. The Executive Director will recon-
sider the finding of unreliability based on the evidence submitted in the
request, if the Executive Director finds that there is sufficient evidence
to deem the person or entity rehable, they will be removed from the list.
If there is not sufficient evidence to deem the person or entity reliable,
then placement on the Unreliable List remains to the end of the three-
year term.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b). 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631 , 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17059. Pending Award.
When an appeal hearing has been requested, if there is a pending award
or approval of a contract, subcontract, grant or loan, and if appellant can
show that it is otherwise entitled to the award or approval, the agreement
shall not be awarded or approved until such time as the appeal has been
heard and the proposed finding of unreliability has become final or va-
cated. This section is not intended to affect existing contracts, grants, or
loans.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c). 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 481 00, 48101, 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§17060. Declaration.
All applicants for board contracts, subcontracts, grants and loans shall
submit to the board and all subcontractors shall submit to the prime con-
tractor who will submit to the Board, a declaration under penalty of perju-
ry stating that none of the events in Section 17050 have occurred with re-
spect to the applicant, or subcontractor, within the preceding three years.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101, 48631 , 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Section 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
§ 17062. Existing Law.
Placement of a person or entity on the Unreliable List is not intended
to limit the Board's ability to seek additional redress or take corrective
action as may be allowed by law due to the occurrence of an event listed
in section 1 7050.
NotE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c),
47200(a), 48021(b), 48100, 48101 , 48631, 48632, 48643, 48655 and 48690, Pub-
lic Resources Code; and Secfion 12166, Public Contracts Code.
History
1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).
Chapter 2. Planning Guidelines and
Procedures for Preparing, Revising and
Amending County Solid Waste Management
Plans
Article 1. Authority
§17100. Authority.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1 . Repealer of Chapter 2 (sections 17100-17179, not consecutive) and new chap-
ter 2 (sections 1 7100-17165, not consecufive) filed 1 1-9-78; effective thirtieth
day thereafter (Register 78, No. 45). For former history, see Registers 76, No.
15; 76, No. 5; 75, No. 50; 75, No. 23; 74, No. 18.
Page 720.7
Register 20(X), No. 1; 1-7-2000
§ 17105
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 1 00, title 1 . Califomia Code of Reeulations; operative 3-4-91 (Register
91, No. 14).
Article 2. Purpose and Intent
§17105. Purpose.
NOTE; Authority cited: Sections 66783 and 66790, Govemment Code. Reference:
Sections 66780 and 66780.5, Govemment Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, Califomia Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§17106. Intent.
NOTE: Authority cited: Sections 66783 and 66790, Govemment Code. Reference:
Sections 66780 and 66780.5, Govemment Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1 , Califomia Code of Regulations; operative 3-4-91 (Register
91, No. 14).
Article 3. Definitions
§17110. General.
NOTE: Authority cited: Sections 66783 and 66790, Govemment Code. Reference:
Sections 66780 and 66780.5, Govemment Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 1 00. title 1 , California Code of Regulations; operative 3-4-9 1 (Register
91, No. 14).
§17111. Agency.
NotE; Authority cited: Sections 66783 and 66790, Govemment Code. Reference:
Sections 66780 and 66780.5, Govemment Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, Califomia Code ofRegulations; operative 3^-91 (Register
91, No. 14).
§17112. Amendment.
NOTE: Authority cited: Sections 66783 and 66790, Govemment Code. Reference:
Sections 66780 and 66780.5, Govemment Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 1 00, title 1 , Califomia Code of Regulations; operative 3^-9 1 (Register
91, No. 14).
[The next page is 721.]
Page 720.8
Register 2000, No. 1; 1-7-2000
Title 14
California Integrated Waste Management Board
§ 17130
•
•
§17113. Board.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repeahng section filed 3-^-91 pursuant to
section 1 00, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 1 4. Implementation.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5. Government Code.
HfSTORY
1. Change without regulatoi-y effect repealing section filed 3-4-91 pursuant to
section 100, title 1 , California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§17115. Plan.
NOTE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 1 6. Planning Periods.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17117. Region.
NOTE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 1 8. Regional Issues.
NOTE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
secfion 100, title 1 , California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17119. Regional Planning Agency.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3^1-91 (Register
91, No. 14).
§17120. Report.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17121. Resource Recovery.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17122. Revision.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title I, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§17123. Solid Waste.
NotE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^1-91 pursuant to
section 100. fitle 1 , California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17124. Solid Waste Management.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, fitle 1 , California Code ofRegulations; operative 3^-91 (Register
91, No. 14).
Article 4. Compliance and Compatibility
§ 17125. Compliance with the California Environmental
Quality Act (CEQA).
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100. title 1, California Code ofRegulations; operative 3^-91 (Reeister
91, No. 14).
§ 1 71 26. Compatibility of the Plan.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, titie 1, California Code ofRegulations; operative 3-^-91 (Register
91, No. 14).
Article 5. Responsibility
§ 17127. Planning Responsibility.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3^-91 (Register
91, No. 14).
§ 17128. Planning Liaison.
NotE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
Article 6. Contents of the Plan
§17129. General.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 17130. Objectives and Measures to Achieve Objectives.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, titie 1 , California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
Page 721
Register 92, Nos. 15-17; 4-24-92
§ 17131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 71 31 . Identification of Solid Wastes.
NOTE; Authority cited: Sections 66783 and 66790, Governineni Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section fded 3^-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 32. Storage of Wastes for Collection.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Codeof Regulations; operative 3-4-91 (Register
91, No. 14).
§17133. Collection System.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3^1—91 (Register
91, No. 14).
§ 17134. Disposal and Processing of Wastes.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
secfion 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 17135. Resource Recovery.
NOTE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17136. Plan Administration.
Note: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17137. Economic Feasibility.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^1—91 pursuant to
section 1 00, fitle 1 , California Code of Regulafions; operati ve 3-4-9 1 (Register
91, No. 14).
§17138. Enforcement Program.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-^-91 pursuant to
section 100, fitle 1, California Code of Regulafions; operative 3-4-91 (Register
91, No. 14).
§ 17139. Implementation of the Plan.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3-4-91 pursuant to
secfion 1 00, fitle 1 , California Code of Regulafions; operafi ve 3-4-9 1 (Register
91, No. 14).
Article 7. Procedures for Preparing and
Revising Plans
§ 17140. Plan Preparation.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, titie 1, California Code of Regulafions; operative 3-4-91 (Register
91. No. 14).
§ 1 71 41 . Revision Preparation.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
secfion 100, fitle 1, Cafifomia Code of Regulafions; operafi ve 3-4-91 (Register
91, No. 14).
§17142. Participation.
NOTE; Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3^t-91 pursuant to
secfion 100, fitle 1 , California Code of Regulafions; operafi ve 3-4-91 (Register
91, No. 14).
§ 17143. Informing the Public.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3-4-91 pursuant to
secfion 100, title 1, California Code of Regulafions; operafive 3-4-91 (Register
91, No. 14).
§ 17144. Public Hearings or Meetings.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4—91 pursuant to
secfion 100, fitle 1 , Califomia Code of Regulafions; operative 3-4-91 (Register
91, No. 14).
§ 17145. Submittal of Preliminary Draft to Cities.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
secfion 100, fitle 1, Califomia Code of Regulafions; operafive 3-4-91 (Register
91, No. 14).
§ 1 71 46. Submittal of Final Draft to Cities.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4—91 pursuant to
section 100, title 1, Califomia Code ofRegulations; operafive 3-4-91 (Register
91, No. 14).
§ 17147. Approval by Cities of Plans and Revisions.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3-4-91 pursuant to
secfion 100, fitle 1 , Califomia Code ofRegulations; operafive 3^4-91 (Register
91, No. 14).
§ 17148. Submittal of the Preliminary Draft to the Regional
Agency.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repeaUng section filed 3-4—91 pursuant to
section 100, fitle 1, Califomia Codeof Regulations; operafive 3-4-91 (Register
91, No. 14).
•
Page 722
Register 92, Nos. 15-17; 4-24-92
Title 14
California Integrated Waste Management Board
§ 17200
§ 17149. Submittal of the Final Draft to the Regional
Agency.
NOTE: Authorily cited: Seclioiis 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
I. Change without regulatory effect repealing section fried 3-4-91 pursuant to
section 1 00. title 1 , California Code of Regulations: operative 3-4-9 1 (Register
91, No. 14).
§ 17150. Approval by the County.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 51 . Submittal of Preliminary Draft to the Board.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatoi^ effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operafive 3-4-91 (Register
91, No. 14).
§ 17152. Submittal of Final Plan to the Board.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 17153. Approval by the Board.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 17154. Resubmission of Deficient Plan.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
Article 8. Procedures for Amending Plans
§17155. Preparing Amendments.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§17156. Participation.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 58. Public Hearings or Meetings.
NOTE: Authority cited: Sections 66783 and 66790, Govennnent Code. Reference:
Sections 66780 and 66780.5, Goveniment Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title l,CalifomiaCodeof Regulations; operative 3-4-91 (Register
91, No. 14).
§17159. Regional Agency Review.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Goveniment Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 60. City Approval of Amendments.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 1 71 61 . Approval by the County.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3^-91 (Register
91, No. 14).
§ 17162. Submittal to Board for Preliminary Review.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1 , California Code of Regulafions; operative 3^-91 (Register
91, No. 14).
§ 17163. Submittal to Board for Approval.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, ntle 1 , California Code ofRegulations; operative 3-^-91 (Register
91, No. 14).
§ 17164. Approval by Board.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California CodeofRegulations; operative 3^-91 (Register
91, No. 14).
§ 17165. Resubmission of Deficient Amendment.
NOTE: Authority cited: Sections 66783 and 66790, Government Code. Reference:
Sections 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing secfion filed 3^^-91 pursuant to
section 100, ntle 1, California Code ofRegulations; operative 3^-91 (Register
91, No. 14).
Chapter 3. Minimum Standards for Solid
Waste Handling and Disposal
Article 1. General
§ 17157. Informing the Public.
NOTE: Authority cited: Secfions 66783 and 66790, Government Code. Reference:
Secfions 66780 and 66780.5, Government Code.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, fifie 1, California Code of Regulafions; operafive 3-4-91 (Register
91, No. 14).
§17200. Authority.
The regulations contained herein are promulgated pursuant to Public
Resources Code (PRC) sections 43020 and 43021 and Health and Safety
Code section 4520. No provision in chapter 3 shall be construed as a limi-
tation or restriction upon the board's right to exercise discretion which
is vested in it by law. Nor shall any provision be construed to limit or re-
Page 723
Register 97, No. 25; 6-20-97
§ 17201
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
strict counties and cities from promulgating enactments which are as
strict as or stricter than the regulations contained in this chapter. Howev-
er, no city or county may promulgate enactments which are inconsistent
with the provisions of this chapter. Any reference in this chapter to an en-
forcement agency shall be deemed to mean the enforcement agency
created pursuant to Public Resources Code sections 43200 - 43219.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Section 1 1 125, Government Code; Sections 43020-43021, Pub-
lic Resources Code.
History
1. New chapter 3 (articles 1-7, sections 17200-17751, not consecutive) filed
5-1-75; effective ihinieth day thereafter (Regi,ster 75, No. 18).
2. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
sectio'n 100, title CCalifornia Code of Regulations (Register 91, No. 27).
§ 17201. Compliance with Laws and Regulations.
Nothing in these standards shall be construed as relieving an owner,
operator, or designer from the obligation of obtaining all required per-
mits, licenses, or other clearances, and complying with all orders, laws,
regulations, or other requirements of other approval, regulatory or en-
forcement agencies, such as, but not limited to, the Department, local
health entities, water and air quality control boards, local land use autho-
rities, fire authorities, etc.
is included in a section, it is identified by the letters "SWM." In all other
cases the standards are Solid Waste Management Standards.
§17206. Waivers.
History
1 . Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
Article 2. Purpose and Intent
§ 17202. Purpose.
The purpose of these regulations is to promote the health, safety and
welfare of the people of the State of California, and to protect the environ-
ment by establishing minimum standards for the handling of solid
wastes.
History
1. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17203. Intent.
By adopting these standards, the board hereby sets forth performance
standards for solid waste handling activities which are of state concern,
as required by Public Resources Code section 43021, and sets forth mini-
mum substantive requirements for operators' submission of information
concerning individual soHd waste facilities.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40000, 40001 and 40002, Public Resources Code.
History
1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title irCahfornia Code of Regulations (Register 91, No. 27).
3. Amendment Filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17204. Intent of Standards.
These standards are intended to describe required levels of perform-
ance rather than detailed requirements. Wherever possible, operators and
designers will be permitted flexibility in meeting the objectives set by the
standards. Where the term "adequate" or the phrase "as approved by the
enforcement agency" is used, the operator will usually propose a method,
physical improvement, or other appropriate means to comply with a stan-
dard. The enforcement agency may thereupon accept, modify, reject, or
replace the operator's proposal, and shall incorporate the means of com-
pliance into the operator's permit, if applicable and appropriate.
History
1 . Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
§17205. Health Related Standards.
These regulations contain both Health related standards and standards
related to Solid Waste Management. The Health Standards are desig-
nated by the letter "H." When a Solid Waste Management Standard also
Article 3. Emergency Waiver of Standards
§ 17210. Scope and Applicability.
(a) This Article informs an operator who holds a valid solid waste faci-
lities permit of the process for applying for an einergency waiver of stan-
dards (waiver) in the event of a state of emergency or local emergency.
The waiver grants an operator temporary relief from specific standards
imposed by this Division or specific terms or conditions of a solid waste
facilities permit issued pursuant to this Division. This Article imple-
ments and makes specific those provisions of Section 43035 of the Public
Resources Code relating to the integrated waste management disaster
plan.
(b) This Article is not intended to limit the authority of the state or a
local agency during a disaster or emergency.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40001 . 40002, 40051 , 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 43021 of the Public Resources Code.
History
1. New article 3 (sections 17210-17210.9) and section filed 8-21-96; operative
9-20-96 (Register 96, No. 34). For prior history see Register 78, No, 8.
§17210.1. Definitions.
(a) "Agency" means the local agency responsible for compiling the
disposal information from haulers and operators. The county is the
agency, unless a region is given the responsibility as part of a regional
agreement.
(b) "Board" means the California Integrated Waste Management
Board.
(c) "Disaster" means a natural catastrophe such an an earthquake, fire,
flood, landslide, or volcanic eruption, or, regardless of cause, any explo-
sion, fire, or flood.
(d) "Disaster Debris" means nonhazardous solid waste caused by or
directly related to a disaster.
(e) "Diversion" means the directing of solid waste from disposal or
transformation by means of recycling, reuse, or composting.
(f) "Emergency Waiver of Standards" means the document signifying
approval by an enforcement agency which allows an operator, who holds
a valid solid waste facilities permit, the ability to deviate from specified
state minimum solid waste standards or terms or conditions of a solid
waste facilities permit issued pursuant to this Division. The waiver ap-
plies to the origin of waste; the rate of inflow for storage, transfer, or dis-
posal of waste; the type and moisture content of solid waste; the hours of
facility operation; and the storage time before the transfer or disposal of
wastes, at a solid waste facility. This includes the establishment of a lo-
cally-approved temporary transfer or processing site, if authorized by
the enforcement agency.
(g) "Enforcement Agency" means the agency designated pursuant to
the requirements set forth in Public Resources Code, sections 43200
through 43221, or the Executive Director of the Board in the event that
the enforcement agency (EA) is incapable of responding due to the nature
of the emergency.
(h) "Extent Feasible" is evidenced by the use of maximum efforts to
recycle, reuse, or otherwise divert from disposal as much of the debris
and other nonhazardous waste received by the solid waste facility as pos-
sible, as determined by the operator.
(i) "Jurisdiction of Origin" means the incorporated city or the unincor-
porated area of the country where the waste originated.
(j) "Local Emergency" means the duly proclaimed existence of condi-
tions of disaster or of extreme peril to the safety of persons and property
within the territorial limits of a county, city and county, or city, as de-
scribed in Government Code section 8558(c), which conditions are likely
Page 724
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17210.5
to be beyond the control of the services, personnel, equipment, and facili-
ties of that political subdivision and require the combined forces of other
political subdivisions to combat, as stated in the proclamation by the gov-
erning body of a county, city and county, or city, or by an official so des-
ignated by ordinance adopted by such governing body to issue such proc-
lamation.
(k) "State of Emergency" means the duly proclaimed existence of con-
ditions of disaster or of extreme peril to the safety of persons and property
within the state, as described in Government Code section 8558(b),
which conditions, by reason of their magnitude, are or are likely to be be-
yond the control of the services, personnel, equipment, and facilities of
any single county, city and county, or city, and require the combined
forces of a mutual aid region or regions to combat, as stated in a procla-
mation by the Governor.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 17210.2. Purpose and Limitations of an Emergency
Waiver,
(a) An emergency waiver may only be issued when there has been a
proclamation of a state of emergency or local emergency, as those terms
are defined in this Article.
(b) An EA may approve and issue a waiver for the express purpose of
enabling an operator of an existing permitted solid waste facility, a local-
ly-approved temporary transfer or processing site, or a locally-approved
temporary compostable material handling activity, to accept disaster de-
bris and other nonhazardous wastes, in a manner not consistent with the
terms and conditions of the relevant solid waste facilities permit or appli-
cable state minimum standards, during the recovery phase of a state of
emergency or local emergency.
(c) The waiver may apply to specified state minimum solid waste stan-
dards or a specific term or condition of a solid waste facilities permit at
an existing solid waste facility, a locally-approved temporary transfer or
processing site, or a locally-approved temporary compostable material
handling activity, which are related to the following: the origin of waste;
the rate of inflow for storage, transfer, processing, or disposal of waste;
the type and moisture content of solid waste; the hours of facility opera-
tion; and the storage time before transfer, processing, or disposal of non-
hazardous waste.
(d) The effective period of an initial waiver, once granted by the EA,
shall not exceed 1 20 days. Upon receipt of the reports required in section
17210.5, the EA may extend the effective period of a waiver, as neces-
sary, to assist in the recovery from an emergency.
(e) All other state minimum standards and permit conditions which are
not the subject of the waiver shall remain in effect.
(t) A waiver may be modified, canceled, or revoked by the EA without
advance notice should the EA determine that any of the following occurs:
(1) The use of such a waiver will cause or contribute to a public health
and safety or environmental problem;
(2) The terms of the waiver are not being used expressly to handle the
state of emergency or local emergency and are not in the best interest of
the public health and safety;
(3) The waiver is no longer necessary;
(4) The solid waste facility operator is not utilizing disaster debris di-
version programs to the extent feasible.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 43002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
2. Amendment of subsections (a)-(c) filed 6-18-2007 as an emergency; operative
6-1 8-2007 (Register 2007, No. 25). A Certificate of Compliance must be trans-
mitted to OAL by 12-17-2007 or emergency language will be repealed by op-
eration of law on the following day.
3. Amendment of subsections (a)-(c) refiled 12-17-2007 as an emergency; opera-
tive 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be
transmitted to OAL by 3-1 7-2008 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order transmitted to OAL
3-13-2008 and filed 4-25-2008 (Register 2008. No. 17).
§ 1 721 0.3. Request for an Emergency Waiver,
(a) An operator may apply to an EA for a waiver after a disaster or
emergency situation as defined in this Article, has been declared. The
waiver shall only be granted with the express approval of the EA follow-
ing a proclamation of emergency or declaration of disaster at the local or
state levels.
(b) To obtain a waiver, a solid waste facility operator shall submit a
written request to the EA. The request for a waiver shall include, but not
be hmited to, the following information:
(1) A listing of the existing solid waste facilities permit terms and con-
ditions to be waived in order to facihtate recovery and disposal of disaster
debris in the event of a declared disaster or emergency;
(2) A statement of the remaining disposal capacity of the solid waste
disposal facility at the time of the request;
(3) A description of all facihty-related diversion programs and on-site
recycling facilities; and
(4) A listing of locally-approved temporary transfer or processing
sites to be used to store disaster debris for future reuse or recycling.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40001, 40002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 17210.4, Granting an Emergency Waiver.
(a) The EA may grant a waiver during the proclamation of emergency
upon making the following findings:
(1) If the waiveris for an existing permitted solid waste facility the op-
erator applying for the waiver holds a valid solid waste facilities permit;
(2) The waiver will not pose a threat to public health and safety or the
environment;
(3) The operator identifies and implements, the the extent feasible, di-
version programs to maximize diversion through reuse, recycling, or
composUng of disaster-related waste.
(b) Within 7 days of receipt of the solid waste facility operator's re-
quest for a waiver, the EA shall notify the solid waste facility operator in
writing whether or not the request for waiver has been granted. If the pro-
posed waiver is not granted, the EA's notification shall contain reasons
for the denial. The solid waste facility operator may reapply for the waiv-
er at a later date or submit necessary documentation to receive the waiver
immediately.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
2. Amendment of subsection (a)(]) filed 6-18-2007 as an emergency; operative
6-1 8-2007 (Register 2007, No. 25). A Certificate of Compliance must be trans-
mitted to OAL by 12-17-2007 or emergency language will be repealed by op-
eration of law on the following day.
3. Amendment of subsection (a)(1) refiled 12-17-2007 as an emergency; opera-
tive 12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be
transmitted to OAL by 3-17-2008 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order transmitted to OAL
3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§ 1 721 0,5, Reporting Requirements for a Solid Waste
Facility Operator.
(a) The solid waste facility operator shall submit a written report to the
EA and the local county agency (agency) within 90 days of activation of
the waiver and every 90 days thereafter for the effective period of the acti-
vated waiver.
(b) The written report shall include the following informafion:
(1) The daily amount of disaster debris received, diverted, and dis-
posed at the facility;
(2) The jurisdiction of origin for the disaster debris received at the fa-
cility;
Page 725
Register 2008, No. 17; 4-25-2008
§ 17210.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(3) The increase in tonnage or volume of waste received per day during
the effective period of the activated waiver; and
(4) The faciUties used to process the disaster debris.
(c) If pursuant to section 17210.2(d) of this Article, the waiver is ex-
tended beyond 1 20 days, the operator shall submit a report, as described
in subparagraph (b), to the EA and agency. The report shall be submitted
once every 90 days until the end of the effective period of the waiver.
(d) After the activated waiver expires, the solid waste facility operator
shall continue to submit the information requested in item (b) above to
any EA and agency, every 90 days, until there is no longer any discern-
able disaster related waste being processed or stored at the facility.
NOTE; Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
] . New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 17210.6. Reporting Requirements for an Enforcement
Agency.
(a) The EA shall transmit a copy of the approved waiver to the Board
within 15 days of its issuance.
(b) The EA shall submit a copy of the operator's written reports to the
board within 30 days of the receipt of the reports.
NOTE: Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 1 721 0.7. Selection of a Solid Waste Facility for
Emergency Disposal and Diversion.
(a) In the event of a state emergency or local emergency, the EA shall
do the following:
(1) Assist a local government within its jurisdiction by providing a list
of solid waste disposal facilities which have been granted a waiver. The
list shall include site capacity for acceptance of waste, hours of operation,
daily tonnage limits during the emergency, and on-site recycling and di-
version for disaster-related debris.
(2) Survey the solid waste facilities within its jurisdiction and deter-
mine the diversion programs available at the facilities. Diversion infor-
mation will be made available by the EA to an affected local jurisdiction
and to the pubhc during a declared emergency.
NOTE; Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
1 . New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 1 721 0,8. Authority of an Enforcement Agency.
(a) An EA may approve waivers of minimum standards and specific
terms or conditions of a solid waste facilities permit, as needed, to re-
spond to a disaster or emergency situation, as defined in section 17210.1.
NOTE; Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 43021 of the Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
§ 17210.9. Executive Director's Powers and Duties
Relative to the Emergency Waiver.
(a) Once the waiver is issued, the Executive Director of the Board shall
review all EA waiver approvals. The Executive Director may condition,
limit, suspend, or terminate an operator's use of a waiver, if it is deter-
mined that use of the waiver would cause harm to public health and safe-
ty, or the environment.
(b) The Executive Director may condition, limit, suspend, or terminate
an operator' s use of a waiver if it is found that the operator has not utilized
reasonably available waste diversion programs as identified in its waiver
documentation.
(c) The Executive Director shall report to the Board at a regularly
scheduled meeting any granting of a waiver, and all determinations made
concerning the waiver.
Note; Authority cited: Sections 40502 and 43035, Public Resources Code. Refer-
ence: Sections 40002, 43020, 43021 and 43035, Public Resources Code.
History
1. New section filed 8-21-96; operative 9-20-96 (Register 96, No. 34).
Article 3.5. Temporary Waiver of Terms
§ 1 721 1 . Scope and Applicability.
(a) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (the
Act), commencing at Section 40000 of the Public Resources Code, as
amended. These Regulations should be read together with the Act.
(b) The purpose of this Article is to provide a means for an enforce-
ment agency (EA) to authorize a temporary waiver from specific terms
and conditions of a solid waste facilities permit for a limited period dur-
ing a temporary emergency as defined in Section 17211.1(b). This Ar-
ticle does not authorize relief from requirements of State Minimum Stan-
dards, set out in Title 14, California Code of Regulations, Chapter 3, or
other standard or requirement adopted by the Board.
(c) Pursuant to this Article, an Enforcement Agency (EA) may issue
a stipulated agreement defined in Section 1721 1. 1(a) that provides a tem-
porary waiver of specific terms and conditions of a solid waste facilities
permit during a temporary emergency.
(d) This article informs an operator, who holds a valid solid waste faci-
lities permit, of the process for requesting a stipulated agreement in the
event of an temporary emergency.
(e) This Article is not intended to limit the authority of the state or a
local agency, including the EA or the Board to enforce the terms and
conditions of a solid waste facilities permit that are not subject to the stip-
ulated agreement. State Minimum Standards, and provisions of the Act.
Note; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 45011(a), Public Resources Code.
History
1. New article 3.5 (sections 17211-17211.9) and section filed 11-1-2001 as an
emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of
Compliance must be transmitted to OAL by 3-1-2002 or emergency language
will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code secUon 1 1346.1(g) (Register 2002,
No. 10).
3. New article 3.5 (sections 17211-17211.9) and section filed 3-4-2002 as an
emergency; operadve 3-2-2002 (Register 2002, No. 10). A Certificate of Com-
pliance must be transmitted to OAL by 7-1-2002 or emergency language will
be repealed by operation of law on the following day.
4. New article 3.5 (sections 1721 1-1721 1 .9) and section refiled 6-20-2002 as an
emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Com-
pliance must be transmitted to OAL by 10-31-2002 or emergency language
will be repealed by operafion of law on the following day.
5. New article 3.5 (sections 1721 1-1721 1 .9) and section refiled 10-24-2002 as an
emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of
Compliance must be transmitted to OAL by 3-3-2003 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§17211.1. Definitions.
In addition to the definitions set forth in Section 17210.1 of Article 3,
of this Chapter, the following definitions apply to this Article 3.5:
(a) "Stipulated agreement" means an enforceable document written by
the EA, pursuant to Division 30, Public Resources Code, Section
4501 1 (a), that provides a temporary waiver of specified terms and condi-
tions of a solid waste facilities permit issued to an operator pursuant to
this Division. The stipulated agreement is subject to appeal through the
appeal process set out in Division 30, Public Resources Code, Parts 5 and
6.
(b) "Temporary emergency" means a temporary, unforeseeable cir-
cumstance, which results in a situation where it is necessary, in order to
protect the public health and safety or the environment as determined by
the EA, to waive specified terms and conditions of a solid waste facilities
permit. "Temporary emergency" does not include competitive market
changes or a failure on the part of the operator, the EA or a local govern-
ment agency to plan for reasonably foreseeable future events. Further,
Page 726
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17211.4
because they are not unforeseeable, circumstances resulting from a labor
controversy arising from issues at one or more solid waste facilities are
not a "temporary emergency" with respect to the facility or facilities at
which the labor controversy occurs.
NOTE: Authority cited; Section 40502, Public Resources Code. Reference: Sec-
lion 4501 1(a) and Division 30, Parts 5 and 6, Public Resources Code.
History
1. New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transinitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1 346. J (g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance mus( be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-3 1 -2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§ 1 721 1 .2. Purpose and Limitation of a Stipulated
Agreement.
(a) A stipulated agreement may only be used in the event of a tempo-
rary emergency.
(b) A stipulated agreement may only be used when the EA and opera-
tor agree that the circumstance contributing to the temporary emergency
was unforeseeable.
(c) An EA may use a stipulated agreement for the express purpose of
enabling an operator of an existing permitted solid waste facility to oper-
ate in a manner not consistent with the terms and conditions of the solid
waste facilities permit.
(d) The operator must comply with the terms and conditions of the sol-
id waste facilities permit until such time as a stipulated agreement is pro-
vided by the EA.
(e) The term of the stipulated agreement once granted by the EA, shall
not exceed 90 days. The EA may grant one or more extensions of 90 days
or less as allowed in Section 17211.6.
(f) AH permit terms and conditions, which are not the subject of the
stipulated agreement, shall remain in effect.
(g) A stipulated agreement may be modified; cancelled, or revoked by
the EA without advance notice should the EA determine that any of the
following occurs:
(1) The use of the stipulated agreement causes or contributes to, or
threatens to cause or contribute to, harm to the public health and safety
or the environment;
(2) The terms of the stipulated agreement are not being used expressly
to handle a temporary emergency and are not in the best interest of the
public health and safety or the environment;
(3) The solid waste facilities permit has been revised to include terms
and conditions that address the temporary emergency.
(4) The temporary emergency no longer exists (so the stipulated agree-
ment is no longer necessary).
(h) A stipulated agreement shall be cancelled or revoked by the EA
without advance notice should the EA determine that the operator is not
in compliance with the time frames and requirements included in the stip-
ulated agreement under Section 17211.5(c) and (d).
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 4501 J (a). Public Resources Code.
History
1 . New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repeiiled by operation of Government Code section 1 1346. 1 (g) (Register 2002,
No. 10).
3. New section filed 3^-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmiued to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-31-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002. No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§ 1 721 1 .3. Request for a Temporary Stipulated Agreement.
(a) An operator may make a request to an EA for a stipulated agree-
ment.
(b) To obtain a stipulated agreement, the operator shall submit a writ-
ten request to the EA. The request for the stipulated agreement shall in-
clude the following information:
(1) A description of the temporary emergency, including a description
of how the circumstance was unforeseeable, which justifies a waiver.
(2) The specific changes in operation or design at the facility required
to address the temporary emergency.
(3) The specific terms and conditions of the facility's existing solid
waste facilities permit from which the operator is requesting a waiver.
(4) A requested date to begin implementation of the stipulated agree-
ment.
(5) Actions the operator will take so the stipulated agreement is no
longer needed including milestones and associated timelines with specif-
ic dates.
(6) Evidence acceptable to the EA that the operation of the facility un-
der a stipulated agreement is compliant with all applicable land use en-
titlements, all other permits affecting the facility, all applicable federal,
state, and local laws and regulations, and the California Environmental
Quality Act.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 4501 1(a), Public Resources Code.
History
1. New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code secfion 1 1 346. 1 (g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-31-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
§ 1 721 1 .4. issuing a Stipulated Agreement.
(a) The EA may issue a stipulated agreement upon making the follow-
ing determinations:
(1) A temporary emergency exists.
(2) The operator requesting a stipulated agreement holds a valid solid
waste facilities permit for the facility.
(3) The operator is in compliance and has demonstrated good faith in
maintaining compliance with state minimum standards and the terms and
conditions of the existing solid waste facilities permit.
Page 727
Register 2008, No. 17; 4-25-2008
§ 17211.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(4) It is necessary to waive specified terms and conditions of a solid
waste facilities permit in order to protect the public health and safety or
the environment.
(5) Operation under the stipulated agreement will not pose a threat to
public health and safety or the environment.
(6) Any restrictions, conditions, or terms contained in the stipulated
agreement have been agreed upon by the EA and the operator.
(7) A stipulated agreement may not be used for a recurring temporary
emergency addressed by a previous stipulated agreement.
(b) Within 5 working days of receipt of the operator's request for a
stipulated agreement, the EA shall notify the operator in writing whether
or not the request for a stipulated agreement has been granted. If the pro-
posed stipulated agreement is not granted, the EA's notification shall
contain reasons for the denial. The solid waste facility operator may
again request the stipulated agreement at a later date or submit necessary
documentation to receive the stipulated agreement.
(c) If a stipulated agreement is not requested or a request is denied, the
EA may address the changes required to address the temporary emergen-
cy through the processes and mechanisms included in Chapter 5, Article
4.
(d) In the event the Executive Director conditions, limits, suspends, or
terminates an operator's use of a stipulated agreement pursuant to Sec-
tion 17211. 9(a), the EA shall not find that an operator has violated any
of the specific terms and conditions waived by the stipulated agreement
for a violation occurring during the period between the EA's written ap-
proval of the stipulated agreement and the effective date of the Executive
Director's action under Section 17211.9(a) when the Executive Direc-
tor's action has the effect of setting aside or limiting the waiver of any
such specific terms and conditions.
Note-. Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 45011(a), Public Resources Code.
History
1. New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-3 1 -2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (a)(4), subsecfion renumbering and new subsection
(d) filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
§ 1 721 1 .5. Contents of a Stipulated Agreement.
Contents of a stipulated agreement are as follows, but not limited to:
(a) Specific terms and conditions of the solid waste facilities permit
that are subject to the stipulated agreement.
(b) Justification for providing the stipulated agreement, including evi-
dence supporting the finding made by the EA.
(c) The specific changes in operation or design at the facility required
to address the temporary emergency.
(d) Term of the stipulated agreement, including commencement date,
termination date and whether request for one or more extensions will be
entertained under appropriate and specified circumstances.
(e) Actions the operator will take including milestones and associated
timelines with specific dates to revise its solid waste facilities permit or
to modify its operations so that the facihty will no longer need the stipu-
lated agreement.
(f) Actions the EA will take if applicable to assist the operator to revise
its solid waste facilities permit or to modify its operations or design so
that the facility will no longer require the stipulated agreement.
(g) Evidence, demonstrated through the signatures of both the opera-
tor and the EA, that the operator and EA have agreed to the requirements
set out in the stipulated agreement.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
rion 4501 1(a), Public Resources Code.
History
1 . New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code secfion 1 1 346. 1(g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-31-2002 or emergency language will be repealed by operafion of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14),
§ 1 721 1 .6. Reporting Requirements for a Solid Waste
Facility Operator
(a) The solid waste facility operator shall submit a written report to the
EA withinlO days prior to the termination date of the stipulated agree-
ment.
(b) The written report shall include:
(1) Information regarding changes in operation or design that took
place as a result of the stipulated agreement.
(2) Description of steps taken to find a longer term and/or permanent
solution to address the unforeseeable circumstance.
(3) Either a request to discontinue the stipulated agreement on a date
certain, or a request to continue the stipulated agreement for another 90
days.
(c) If the stipulated agreement is extended beyond the initial 90 days,
the operator shall submit a subsequent report, as described in subpara-
graph (b), to the EA. The report shall be submitted once every 10 days
prior to the termination date of each extension of the stipulated agree-
ment.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
rion 45011(a), Public Resources Code.
History
1. New secfion filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operafion of Government Code secfion 1 1346.1(g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operafive 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operafive 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-31-2002 or emergency language will be repealed by operation of law on the
following day.
5. New secfion refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-^2003 (Register 2003, No. 14).
Page 728
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17225
§ 1 721 1 .7. Reporting Requirements for an Enforcement
Agency.
(a) The EA shall transmit a copy of the stipulated agreement request
and stipulated agreement to the Board within 5 working days of it being
granted.
(1) The transmitted stipulated agreement will be accompanied by sup-
porting written documentation of the information by which the LEA
made the determinations required in Section 1721 1.4(a).
(b) The EA shall transmit a copy of the stipulated agreement request
and verification of denial to the Board within 5 working days of the stipu-
lated agreement denial.
( 1 ) The transmitted stipulated agreement will be accompanied by sup-
porting written documentation of the information by which the LEA
made the determinations required in Section 1721 1 .4(b).
(c) The EA shall transmit a copy of verification of an extension of a
stipulated agreement to the Board with in 5 working days of it being
granted.
(d) The EA shall submit a copy of the operator's written reports to the
Board within 5 working days of the receipt of the reports.
(e) The EA shall provide an oral report to the Board during the next
regularly scheduled meeting after an extension of a stipulated agreement.
(f) Within 24 hours following the EA's issuance of a stipulated agree-
ment, the EA shall submit a notice for publication in a daily newspaper
of general circulation in the community in which the solid waste facility
is located and shall submit a notice to the Board to be posted on the
Board's web page.
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tion 4501 1(a), Public Resources Code.
History
1 . New section filed 1 1-I-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 11 346. 1(g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-31-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (b)(1) filed 2-28-2008; operative 3-29-2008 (Reg-
ister 2008, No. 9).
§ 1 721 1 .8. Authority of an Enforcement Agency.
(a) An EA may approve a waiver through a stipulated agreement ad-
dressing specific terms or conditions of a solid waste facilities permit, as
needed, to respond to a temporary emergency, as defined in Section
172n.l.
(b) For reasons noted in Section 1721 L2(g) the EA may cancel or re-
voke a stipulated agreement and choose to address the situation through
mechanisms found in Chapter 5, Article 4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 4501 1(a), Public Resources Code.
History
1 . New section filed 1 1-1-2001 as an emergency; operafive 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2002,
No. 10).
3. New secfion filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-3 1-2002 or einergency language will be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operative 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4^1-2003 (Register 2003, No. 14).
§ 1 721 1 .9. Board Review of Stipulated Agreements.
(a) Once a stipulated agreement is issued and the EA has provided a
copy to the Board pursuant to Section 1 7211 .7(a), the Executive Director
of the Board shall review all EA approvals. The Executive Director may,
after consulting with the EA, condition, limit, suspend, or terminate an
operator's use of a stipulated agreement if he or she finds that imple-
mentation of the agreement as issued is not consistent with Section
1721 L4 or may adversely affect public health and safety, or the environ-
ment.
(b) The Executive Director shall report to the Board at the next regular-
ly scheduled meeting any issuance of a stipulated agreement, denial of
a stipulated agreement, extension of a stipulated agreement, or any other
action taken by an EA pursuant to this Article and shall report any action
taken by the Executive Director to condition, limit, suspend or terminate
a stipulated agreement, including the basis on which the Executive Direc-
tor took such action.
(c) The Executive Director may delegate his or her duties under this
section to any employee of the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 45011(a), Public Resources Code.
History
1. New section filed 1 1-1-2001 as an emergency; operative 1 1-1-2001 (Register
2001, No. 44). A Certificate of Compliance must be transmitted to OAL by
3-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2002,
No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register
2002, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2002 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register
2002, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-3 1 -2002 or emergency language w il I be repealed by operation of law on the
following day.
5. New section refiled 10-24-2002 as an emergency; operafive 1 1-1-2002 (Reg-
ister 2002, No. 43). A Certificate of Compliance must be transmitted to OAL
by 3-3-2003 or emergency language will be repealed by operation of law on
the following day.
6. Cerfificate of Compliance as to 10-24-2002 order transmitted to OAL
2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
Article 4. Definitions
§17225. General.
(a) Unless the context requires another construction, the definitions set
forth in this article and in Division 30 of the Public Resources Code shall
govern the construction of this chapter. No definitions which are present
in Division 30 of the Pubhc Resources Code are repeated herein. Conse-
quently, those definitions should be read in conjunction with the ones set
forth herein.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40000, 40001 and 40002, Public Resources Code; Title 40, Code of Federal
Regulations, Secfion 258.2.
History
1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
secfion 100, title 1, California Code of Regulations (Register 91, No. 27).
Page 729
Itegister 2008, No. 17; 4-25-2008
§ 17225.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Amendment of section and Note filed 7-12-93 as an emergency; operative
7-12-93 (Register 93, No. 29). A Ceitificate of Compliance must be transmitted
to OAL by 1 1 -9-93 or emergency language will be repealed by operation of law
on the following day.
4. Amendment of section and Note refiled 1 1-9-93 as an emergency; operative
1 1-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted
to OAL by 4-26-93 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Coinpliance as to 11 -9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
6. Repealer of subsection (b) filed 6-18-97; operative 7-18-97 (Register 97, No.
25).
§ 1 7225.1 . Abandoned Vehicles.
"Abandoned Vehicles" includes vehicles, with or without motor pow-
er, including cars, tracks, trailers, mobilehomes, buses, etc., left on pub-
lic or private property for an extended period of time and usually in an
inoperable or hazardous condition.
§17225.2. Active Face.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7225.3. Agricultural Solid Wastes.
"Agricultural Sohd Wastes" include wastes resulting from the produc-
tion and processing of farm or agricultural products, including manures,
pranings and crop residues wherever produced.
§17225.4. Approval Agency.
"Approval Agency" includes any agency with regulatory powers re-
garding solid waste generation, collection, transportation, processing or
disposal and includes, but is not hmited to the Board, the Department,
California Regional Water Quality Control Boards, local air pollution
control districts, local enforcement agencies, local health entities and lo-
cal land use authorities.
§17225.5. Ashes.
"Ashes" includes the residue from the combustion of any solid or liq-
uid materials.
§17225.6. Baling.
"Baling" includes the process of compressing and binding solid
wastes.
§17225.7. Board.
History
1 . Change without regulatory effect repealing Section 1 7225.7 filed 8-1 7-89 pur-
suant to Section 100, Title 1, California Code of Regulations (Register 89, No.
35).
§17225.8. Bulky Waste.
"Bulky Waste" includes large items of solid waste such as appliances,
furniture, large auto parts, trees, branches, stumps and other oversize
wastes whose large size precludes or complicates their handling by nor-
mal collection, processing or disposal methods.
§17225.9. Cell.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.10. Collection.
"Collection" means the act of collecting solid waste at the place of
waste generation by an approved collection agent (public or private) and
is distinguished from "removal."
§ 1 7225.1 1 . Combustible Refuse.
"Combustible Refuse" means any burnable refuse.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 17225.12. Commercial Solid Wastes.
"Commercial Solid Wastes" include all types of solid wastes gener-
ated by stores, offices and other commercial sources, excluding resi-
dences, and excluding industrial wastes.
§ 17225.13. Collection Vehicle or Equipment.
"Collection Vehicle or Equipinent" includes any vehicle or equipment
used in the collection of residential refuse or cominercial solid wastes.
§17225,14. Composting.
"Composting" includes a controlled microbial degradation of organic
wastes yielding a safe and nuisance free product.
§ 17225.15. Construction and Demolition Wastes.
"Construction and Demolition Wastes" include the waste building
materials, packaging and rubble resulting from construction, remodel-
ing, repair and demolition operations on pavements, houses, commercial
buildings and other structures.
§ 17225.16. Cover Material.
History
1 . Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.17. Daily Cover.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7225.1 8. Dead Animals.
"Dead Animals" include those animals whose carcasses require dis-
posal.
§ 17225.19. Decomposition Gases.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.20. Department.
History
1 . Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.21. Disposal Area.
"Disposal Area" means that portion of a disposal site which has re-
ceived or is receiving solid wastes.
§ 17225.22. Disposal Site or Site.
History
1 . Repealer filed 2-21-78; effecfive thirtieth day thereafter (Register 78, No. 8).
§ 17225.23. Disposal Site Owner.
History
1. Repealer filed 2-21-78; effecfive thirtieth day thereafter (Register 78, No. 8).
§17225.24. Dump.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.25. "EA."(CIWMB)
"EA" means enforcement agency as defined in PRC Section 401 30.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 40000, 4000 1 , 40002, Public Resources Code; Title 40, Code of Federal Reg-
ulations, Secfion 258.2.
History
1. New section filed 7-10-2003; operafive 8-9-2003 (Register 2003, No. 28).
§17225.26. Fill.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.27. Final Cover.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.28. Final Site Face.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Page 730
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17225.40
§17225.29. Flue.
"Flue" includes any duct or passage for air, gases, or the like, such as
a stack or chimney.
§17225.30. Garbage.
"Garbage" includes all kitchen and table food waste, and animal or
vegetable waste that attends or results from the storage, preparation,
cooking or handling of food stuffs.
§ 1 7225.31 . Groups of Wastes.
History
1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
2. Change without regulatory effect repealing Section 17225.31 filed 8-17-89
pursuant to Section 100, Title 1, California Code of Regulations (Register 89,
No. 35).
§ 1 7225.32. Hazardous Wastes.
"Hazardous Wastes" include any waste material or mixture of wastes
which is toxic, corrosive, flammable, an irritant, a strong sensitizer,
which generates pressure through decomposition, heat or other means,
if such a waste or mixture of wastes may cause substantial personal inju-
ry, serious illness or harm to humans, domestic animals, or wildlife, dur-
ing, or as an approximate result of any disposal of such wastes or mixture
of wastes as defined in Article 2, Chapter 6.5, Section 25 117 of the Health
and Safety Code. The terms "toxic," "corrosive," "flammable," "irri-
tant," and "strong sensitizer" shall be given the same meaning as in the
California Hazardous Substances Act (Chapter 13 commencing with
Section 28740 of Division 21 of the Health and Safety Code).
§17225.33. Incinerator.
"Incinerator" includes any equipment used for the volume reduction
or destruction of combustible wastes by burning, from which the exhaust
gases pass through a flue.
§17225.34. Incinerator Residue.
"Incinerator Residue" includes the solid materials remaining after re-
duction in an incinerator.
§17225.35. Industrial Wastes.
"Industrial Wastes" include all types of solid wastes and semi-solid
wastes which result from industrial processes and manufacturing opera-
tions.
§ 1 7225.36. Infectious Wastes.
"Infectious Wastes" include:
(a) Equipment, instruments, utensils and other fomites of a disposable
nature from the rooms of patients who are suspected to have or have been
diagnosed as having a communicable disease and must, therefore, be iso-
lated as required by public health agencies;
(b) laboratory wastes, including pathological specimens (i.e., all tis-
sues, specimens of blood elements, excreta and secretions obtained from
patients or laboratory animals) and disposable fomites (any substance
that may harbor or transmit pathogenic organisms) attendant thereto;
(c) surgical operating room pathologic specimens — including recog-
nizable anatomical parts, human tissue, anatomical human remains and
disposable materials from hospitals, clinics, outpatient areas and emer-
gency rooms, as is also defined in Section 314(d) of the California Ad-
ministrative Code, Title 17.
§ 17225.37. Institutional Solid Wastes.
"Institutional Solid Wastes" include solid wastes originating from
educational, health care, correctional, research faciUties or other similar
facilities.
§17225.38. Intermediate Cover.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.39. Landfill.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.40. Leachate.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
[The next page is 731.]
Page 730.1
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17225.70
§17225.41. Liquid Wastes.
"Liquid Wastes" means waste materials which are not spadeable.
§17225.42. Utter.
"Litter" means all improperly discarded waste material, including, but
not limited to, convenience food, beverage, and other product packages
or containers constructed of steel, aluminum, glass, paper, plastic, and
other natural and synthetic materials, thrown or deposited on the lands
and waters of the state, but not including the properly discarded waste of
the primary processing of agriculture, mining, logging, sawmilling, or
manufacturing.
History
1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
§ 17225.43. Local Government.
"Local Government" is a local public entity which is a county, city,
district, or any other special political subdivision, but is not the State.
History
1. Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
§ 17225.44. Non-Combustible Refuse.
"Non-Combustible Refuse" includes miscellaneous refuse materials
that are unbumable at ordinary incinerator temperatures (1300 to 2000
degrees F).
§17225.45. Nuisance.
"Nuisance" includes anything which is injurious to human health or
is indecent or offensive to the senses and interferes with the comfortable
enjoyment of life or property, and affects at the same time an entire com-
munity or neighborhood or any considerable number of persons although
the extent of annoyance or damage inflicted upon the individual may be
unequal and which occurs as a result of the storage, removal, transport,
processing or disposal of solid waste.
§ 17225.46. Open Burning.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.47. Operating Area.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.48. Operator.
History
1 . Repealer filed 2-21-78; effecfive thirtieth day thereafter (Register 78, No. 8).
§17225.49. Person.
History
1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.50. Premises.
"Premises" includes a tract or parcel of land with or without habitable
buildings or appurtenant structures.
§17225.51. Processing.
History
1. Repealer filed 2-21-78; effecfive thirtieth day thereafter (Register 78, No. 8).
§ 1 7225.52. Putrescible Wastes.
"Putrescible Wastes" include wastes that are capable of being decom-
posed by micro-organisms with sufficient rapidity as to cause nuisances
because of odors, gases or other offensive conditions, and include materi-
als such as food wastes, offal and dead animals.
§17225.53. Refuse.
"Refuse" includes garbage and rubbish.
§17225.54. Recycling.
History
1. Repealer filed 7-10-2003; operafive 8-9-2003 (Register 2003, No. 28).
§17225.55. Removal.
"Removal" means the act of taking solid wastes from the place of
waste generation either by an approved collection agent or by a person
in control of the premises.
§ 17225.56. Removal Frequency.
"Removal Frequency" means frequency of removal of solid wastes
from the place of waste generation either by an approved collection
agency or by the owner of the waste.
§17225.57. Residential Refuse.
"Residential Refuse" includes all types of domestic garbage and rub-
bish which originate in residential dwellings.
§17225.58. Resource Recovery.
"Resource Recovery" means the reclamation or salvage of wastes for
reuse, conversion to energy or recycling.
§17225.59. Rubbish.
"Rubbish" includes non-putrescible solid wastes such as ashes, paper,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plas-
tics, rubber by-products or litter.
§17225.60. Runoff.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17225.61. Salvaging.
"Salvaging" means the controlled removal of waste material for utili-
zation.
§ 1 7225.62. Sanitary Landfill.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17225.63. Scavenging.
"Scavenging" means the uncontrolled and/or unauthorized removal of
solid waste materials.
§ 1 7225.64. Septic Tank Pumpings.
"Septic Tank Pumpings" include sludge and wastewater removed
from septic tanks.
§ 1 7225.65. Sewage Sludge.
"Sewage Sludge" includes any residue, excluding grit or screenings,
removed from a waste water, whether in a dry, semidry or liquid form.
§17225.66. Shredding.
"Shredding" includes a process of reducing the particle size of solid
wastes through use of grinding, shredding, milling or rasping machines.
§17225.67. Sludge.
"Sludge" includes the accumulated solids and/or semisolids deposited
from wastewaters or other fluids.
§ 1 7225.68. Small Volume Transfer Station.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1 343.4(d) (Register 99, No. 1 1).
§ 1 7225.69. Solid Wastes or Wastes.
History
1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§ 1 7225.70. Solid Waste Management.
"Solid Waste Management" includes a planned program for effective-
ly controlling the generation, storage, collection, transportation, process-
ing and reuse, conversion or disposal of solid wastes in a safe, sanitary,
aesthetically acceptable, environmentally sound and economical man-
ner. It includes all administrative, financial, environmental, legal and
planning functions as well as the operational aspects of solid waste handl-
ing, disposal and resource recovery systems necessary to achieve estab-
hshed objectives.
Page 731
Register 2003, No. 28; 7-11-2003
§ 17225.71
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§17225.71. Street Refuse.
"Street Refuse" includes materiaJs picked up by manual or mechanical
sweeping of alleys, streets or sidewalks, litter from public litter recep-
tacles and material removed from catch basins.
§ 17225.72. Transfer/Processing Station or Station.
H [STORY
1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§17225.73. Vector.
"Vector" includes any insect or other arthropod, rodent, or other ani-
mal capable of transmitting the causative agents of human disease, or dis-
rupting the normal enjoyment of life by adversely affecting the public
health and well being.
§17225.74. Written Approval.
History
I. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
Article 4.1. Waste Tire Program Definitions
*The following definitions are to be used only for the purposes of Ar-
ticle 5.5 of this Chapter and Chapter 6 of this Division.
§ 1 7225.701 . Altered Waste Tire.
NOTE; Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 42830 and 43020, Public Resources
Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including adoption
of article heading and repealer and adoption of section transmitted to OAL
9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.705. Store.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 42830 and 43020, Public Resources
Code.
History
1. New secfion filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Comphance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operafion of law on the following day.
7. Editorial correcfion of Hlstory 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.710. Applicant.
"Applicant" means any person seeking a permit to operate a waste tire
facility.
NOTE: Authority cited: Secfions 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Secfions 42800, 42820, 42822, 42833, 42830 and
43020, Public Resources Code.
History
1. New secfion filed 4-1-2003; operafive 5-1-2003 (Register 2003, No. 14).
§17225.715. Baled Tires.
"Baled Tires" means either whole or altered waste tires that have been
compressed and then secured with a binding material for the purpose of
reducing their volume. Baled tires are waste tires as defined in PRC Sec-
tion 42801.6, until fully enclosed or encapsulated in an engineered
construction project for which all required local, state, and/or federal
government approvals have been obtained. "Baling" in reference to
waste tires means action which produces baled tires.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Secfions 42800, 42801.6, 42820, 42830 and 43020,
Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 5-29-92 as an emergency; operafive 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operafion of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer and new section filed 4-1-2003; operative 5-1-2003 (Register 2003,
No. 14).
§17225.717. Collection.
Waste tires are considered in the "collection" process when they are
temporarily placed in fully enclosed, licensed road transportable contain-
ers that are not stored at a permitted waste tire facility or a facility identi-
fied in Section 18420(a). The requirements of Article 5.5 of this Chapter
and Chapter 6, with the exception of Article 8.5, Chapter 6, shall not ap-
ply to "collection" as long as the following conditions are met:
(1) Containers shall be kept closed except while loading and unload-
ing.
(2) Containers shall be kept locked when not being loaded or unloaded
unless unauthorized access is controlled pursuant to section 1 7352 of this
Article.
(3) All waste tire deliveries shall be manifested in accordance with Ar-
ticle 8.5 of this Chapter.
(4) For the purpose of this section "temporarily" shall mean less than
90 days.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Secfions 42800, 42820, 42830 and 43020, Public Re-
sources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Page 732
Register 2003, No. 28; 7-11-2003
Title 14
California Integrated Waste Management Board
§ 17258.1
•
§17225.720. Crumb Rubber.
Crumb rubber means rubber granules derived from waste tires tiiat are
less than or equal to one-quarter (1/4) inch (6mm) in size. "Crumbing"
in reference to waste tires means action which produces crumb rubber.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42801.7, 42820, 42830 and 43020,
Public Resources Code.
History
i. New section filed 4-1-2003; operative 5-1-2003 (Register 2003. No. 14).
§17225.725. Design.
"Design" means the layout of a waste tire facility (including the num-
bers and types of fixed structures), total volumetric capacity of a waste
tire facility or total throughput rate, vehicular traffic flow and patterns
surrounding and within the facility, proposed contouring, and other fac-
tors that inay be considered a part of the facility's physical configuration.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 428 12, 42820, 42830 and 43020, Public
Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.735. Waste Tire.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42807, 42820, 42830 and 43020, Public Re-
sources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.750. Operation.
"Operation" means the procedures, personnel, and equipment used to
receive, store, process or dispose of waste tires.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public
Resources Code.
History
1. New secfion filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.755. Operator.
"Operator" means the person legally responsible for the operation of
a waste tire facility or the owner if there is no operator.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42804, 42820, 42830 and 43020, Public
Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.760. Owner.
"Owner" means a person who owns, in whole or in part, a waste tire
facility, the waste tires located at a facility, or the land on which a waste
tire facility is located.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42805, 42820, 42830 and 43020, Public
Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 1 7225.770. Passenger Tire Equivalents (PTE).
"Passenger Tire Equivalents" means the total weight of altered waste
tires, in pounds, divided by 20 pounds. This definition replaces the pre-
vious definition of "Tire Equivalents."
NOTE: Authority cited: Sections 40502. 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42808, 4282 1 (c), 4283 1 , 42820, 42830
and 43020, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.795. Store.
"Store" means to reserve tires for future use, processing, recycling, or
off site disposal.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42822, 42808, 42820, 42830 and
43020, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§17225.800. Substantial Change.
For the purpose of PRC section 42812, "Substantial Change" means
any change that may cause a significant effect on the environment. Sig-
nificant effect on the environment shall have the same meaning as pro-
vided in the State California Environmental Quality Act (CEQA) Guide-
lines. The determination of significant effect shall be made in accordance
with section 1 5064 of the State CEQA Guidelines (Title 14 of the Califor-
nia Code of Regulations).
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Secfions 42800, 428 1 2, 42820, 42830 and 43020, Public
Resources Code; and Sections 15002, 15064 and 15382, State CEQA Guidelines,
Title 14, CCR.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 1 7225.820. Used Tire Dealer.
"Used Tire Dealer" means a business, operating under the terms and
conditions of a local use permit, business license or other required local
approval, which is storing used tires in accordance with PRC section
42806.5, and for which its primary purpose is to sell used tires for profit.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42800, 42806.5, 42820, 42830 and 43020,
Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 4.5. Implementation of Federal
Municipal Solid Waste Landfill Minimum
Standards
§ 17258.1. Purpose, Scope, and Applicability.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Re-
sources Code. Reference: Section 40508, PubUc Resources Code; and Title 40,
Code of Federal Regulations, Section 258.1.
History
1 . New article 4.5 (sections 17258.1-17258.74, not inclusive) filed 7-1 2-93 as an
emergency; operative 7-12-93 (Register 93, No. 29). A Certificate of Com-
pliance must be transmitted to OAL by 1 1-9-93 or emergency language will be
repealed by operation of law on the following day.
2. New article 4.5 refiled 1 1-9-93 as an emergency; operative 1 1-9-93 (Register
93, No. 46). A Certificate of Compliance must be transmitted to OAL by
4-26-93 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 with
amendments and filed 4-19-94 (Register 94, No. 16).
4. Repealer of article 4.5 (sections 17258.1-17258.74) and section filed 6-18-97;
operative 7-18-97 (Register 97, No. 25). Regulations pertaining to implemen-
tation of federal municipal solid waste landfill minimum standards have been
relocated to fitle 27, division 2.
Page 733
Register 2003, No. 14; 4-4-2003
§ 17258.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§17258.2. Definitions.
NOTE: Authority cited: Sections 40502. 43020, 43021 and 43030. Public Re-
sources Code. Reference: Section 40508, Public Resources Code; and Title 40,
Code of Federal Regulations, Sections 257 and 258.2.
History
1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1 -9-93 order transmitted to OAL 3-8-94 with
amendments of subsections (b) and (h) and filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 7258.1 0. Airport Safety.
NOTE: Authority cited: Secfions 40.502, 43020 and 43021, Public Resources
Code. Reference: Secfion 40508, Public Resources Code; and Title 40, Code of
Federal Regulafions, Section 258.10.
History
1. New secfion filed 7-12-93 as an emergency; operafive 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 11 -9-93 as an emergency; operative 11 -9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Resister 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17258.16. Closure of Existing Landfills.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Section 40508, Public Resources Code and Title 40, Code of
Federal Regulafions, Secfion 258.16.
History
1. New section filed 7-12-93 as an emergency; operafive 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency ; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4—26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 17258.20. Procedures for Excluding the Receipt of
Hazardous Waste.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 40508, Public Resources Code; Sections 25249.5 through 25249.13, Health
and Safety Code; and Title 40, Code of Federal Regulations, Section 258.20.
History
1. New secfion filed 7-12-93 as an emergency; operafive 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 11-9-93 as an emergency; operafive 1 1-9-93 (Register93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7258.21 . Cover Material Requirements.
NOTE: Authority cited: Secfions 40502, 43020, 43021 and 43030, Public Re-
sources Code. Reference: Section 40508, 43020, Public Resources Code; and Title
40, Code of Federal Regulafions, Secfions 258.21.
History
1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No, 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7258.23. Explosive Gases Control.
NOTE: Authority cited: Secfions 40502, 43020. 43021 and 43030, Public Re-
sources Code. Reference: Section 40508, Public Resources Code; and Title 40,
Code of Federal Regulafions, Sections 258.23.
History
1 . New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1 -9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.24. Air Criteria.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Re-
sources Code. Reference: Secfion 40508, Public Resources Code; and Title 40,
Code of Federal Regulations, Sections 258.24.
History
1 . New secfion filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 11-9-93 as an emergency; operafive 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17258.29. Recordkeeping Requirements.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fion 40508, Public Resources Code; and Tifie 40, Code of Federal Regulations,
Secfion 258.29.
History
1 . New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 11-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 11-9-93 as an emergency; operafive 11 -9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operafion of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17258.60. Closure Criteria.
NOTE: Authority cited: Secfions 40502, 43020, 43021, 43030, 43501 and 43509,
Public Resources Code. Reference: Section 40508, Public Resources Code; and
Title 40, Code of Federal Regulations, Secfions 258.60.
History
1 . New secfion filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency ; operafive 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7258.61 . Postclosure Care Requirements.
NOTE: Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509,
Public Resources Code. Reference: Section 40508, Public Resources Code; and
Title 40, Code of Federal Regulations, Secfions 258.61.
History
1. New secfion filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1 1-9-93 as an emergency; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
Page 734
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 17332
3. Certificate of Compliance as to i 1-9-93 order transmitted to OAL 3-8-94 and
tiled 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17258.73. Financial Assurance for Corrective Action.
NOTE: Authority cited: Sections 40502 and 40508, Public Resources Code. Refer-
ence: Section 40508, Public Resources Code; and Title 40, Code of Federal Regu-
lations, Section 258.73.
History
1. New section filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-9-93
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 11 -9-93 as an emergency ;operafive 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17258.74. Allowable Mechanisms for Corrective Action.
NOTE: Authority cited: Sections 40502 and 40508, Public Resources Code. Refer-
ence: Section 40508, Public Resources Code; and Title 40, Code of Federal Regu-
lations, Section 258.74.
History
1. New secfion filed 7-12-93 as an emergency; operative 7-12-93 (Register 93,
No. 29). A Certificate of Compliance must be transinitted to OAL by 11-9-93
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 1 1 -9-93 as an emergency; operative 1 1-9-93 (Register 93,
No. 46). A Certificate of Compliance must be transmitted to OAL by 4-26-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 with
amendment of subsections (a)(5), (b)(1), (c)(1), (d)(1), (i) and (k) and filed
4-19-94 (Register 94, No. 16).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 5. Solid Waste Storage and
Removal Standards
GENERAL
§ 1 7301 . Applicability of Standards.
The standards in this Article shall apply to all facilities, equipment, or
vehicles used for storage, removal, transport, and other handling of solid
wastes.
History
1 . Amendment filed 2-21-78; effective thirtieth day thereafter (Reeister 78, No.
8).
§ 17302. Conformance with Plan.
After the effecti ve date of the county solid waste management plan re-
quired by Section 66780 of the Government Code, solid waste storage
and removal shall be in conformance with said plan.
STORAGE OF SOLID WASTES
§17311. General.
The owner, operator and/or occupant of any premise, business estab-
lishment, industry, or other property, vacant or occupied, shall be respon-
sible for the safe and sanitary storage of all solid waste accumulated on
the property.
§17312. Storage.
(H) In all cases in which garbage and rubbish are combined, the stan-
dards for garbage shall prevail. The property owner or occupant shall
store solid waste on his premises or property or shall require it to be stored
or handled in such a manner so as not to promote the propagation, harbor-
age, or attraction of vectors, or the creation of nuisances.
§ 17313. Design Requirements.
The design of any new, substantially remodeled or expanded building
or other facihty shall provide for proper storage or handling which will
accommodate the solid waste loading anticipated and which will allow
for efficient and safe waste removal or collection. The design shall dem-
onstrate to local land use and building permit issuing authorities that it
includes the required provisions.
§ 17314. Operator Responsibility,
Where the collection operator furnishes storage containers, he is re-
sponsible for maintaining the containers in good condition (ordinary
wear and tear excepted) unless they are furnished under other terms, con-
ditions, or agreements. He shall plan with the property owner and/or oc-
cupant as to placement of storage containers to minimize traffic, aesthetic
and other problems both on the property and for the general pubh'c.
§ 17315. Garbage Containers.
(H) Property owners and tenants shall deposit all garbage and putres-
cible matter or mixed garbage and rubbish in containers which are either
non-absorbent, water-tight, vector-resistant, durable, easily cleanable,
and designed for safe handling, or in paper or plastic bags having suffi-
cient strength and water tightness and which are designed for the contain-
ment of refuse. Containers for garbage and rubbish should be of an ade-
quate size and in sufficient numbers to contain without overflowing, all
the refuse that a household or other establishment generates within the
designated removal period. Containers when filled shall not exceed rea-
sonable lifting weights for an average physically fit individual except
where mechanical loading systems are used. Containers shall be main-
tained in a clean, sound condition free from putrescible residue.
§ 1 731 6. Identification of Containers.
Containers of one cubic yard or more owned by the collection service
operator shall be identified with the name and telephone number of the
agent servicing the container.
§ 1 731 7. Use of Container.
No person shall tamper with, modify, remove from, or deposit solid
wastes in any container which has not been provided for his use, without
the permission of the container owner.
SOLID WASTE REMOVAL AND COLLECTION
§ 1 7331 . Frequency of Refuse Removal.
(H) The owner or tenant of any premises, business establishment or in-
dustry shall be responsible for the satisfactory removal of all refuse accu-
mulated by him on his property or his premises. To prevent propagation,
harborage, or attraction of flies, rodents or other vectors and the creation
of nuisances, refuse, except for inert materials, shall not be allowed to re-
main on the premises for more than seven days, except when:
(a) disruptions due to strikes occur, or
(b) severe weather conditions or "Acts of God" make collection im-
possible using normal collection equipment, or
(c) official holidays interrupt the normal seven day collection cycle in
which case collection may be postponed until the next working day.
Where it is deemed necessary by the local health officer because of the
propagation of vectors and for the protection of public health, more fre-
quent removal of refuse shall be required.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 1 7332. Regulation of Operators.
Each person providing residential, commercial, or industrial solid
waste collection services shall comply with all local government li-
censes, permits or written approval requirements applicable to the city or
county in which such services are provided. Such written approval shall
be contingent upon the operator's demonstrated capability to comply
with these standards and use of equipment which is safe and sanitary.
Each enforcement agency of solid waste collection shall maintain a com-
plete listing of all persons holding written approvals to provide solid
waste collection services within its jurisdiction. The listings shall contain
the name, office, address, telephone number and emergency telephone
number if different of each such person, the number and types of vehicles
employed by such person in providing such solid waste collection ser-
vices, and the types of materials authorized for handHng.
Page 735
Register 2003, No. 42; 10-17-2003
§ 17333
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 17333. Operator Qualifications.
When a city, county or special district authorizes or designates a per-
son or firm to provide solid waste collection services within the territory
under its jurisdiction through contract, franchise, permit, or license the
local government shall obtain proof that such person or firm has adequate
financial resources and experience to properly conduct the operation au-
thorized. The facts needed to establish proof shall include but not be lim-
ited to the following:
(a) The filing of a performance bond or equivalent security with the
local government in a reasonable amount, together with
(b) Evidence submitted to the local government and to the enforce-
ment agency that the person or firm has experience sufficient to meet the
needs of the situation within the jurisdiction.
History
I. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 17334. Ownership of Waste IVIaterials.
Solid wastes subject to collection by a collection service operator shall
become the property of the collection service operator subject to local or-
dinances or contract conditions after such time as the authorized collector
takes possession of the wastes.
COLLECTION AND TRANSPORTATION EQUIPMENT
§ 1 7341 . Equipment Construction.
(H). All equipment used for the collection and/or transportation of sol-
id waste shall be durable, easily cleanable and designed for safe handling,
and constructed to prevent loss of wastes from the equipment during col-
lection or transportation. If such equipment is used to collect or transport
garbage, other wet or liquid producing wastes, or wastes composed of
fine particles, such equipment shall in all cases be non-absorbent and
leak resistant. All equipment shall be maintained in good condition and
cleaned in a frequency and in a manner so as to prevent the propagation
or attraction of flies, rodents, or other vectors and the creation of nui-
sances.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 17342. Equipment Safety.
(H) Vehicles and equipment used in the transport of garbage and rub-
bish shall be constructed and maintained in such a manner as to minimize
the health and safety hazards to collection personnel and the public.
§17343. Equipment Parking.
A refuse collection service operator must designate an off-street loca-
tion where all refuse collection vehicles will be parked when not in ser-
vice, except in an emergency.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
§ 17344. Identification of Operator.
Each vehicle used for the collection and transport of refuse shall be
clearly marked with the name of the agency or firm operating the vehicle.
§17345. Inspection of Equipment.
(H) Equipment used for solid waste collection shall be made available
for inspection as requested by the appropriate Enforcement Agency.
Article 5.4. Waste Tire l\/lonofill Regulatory
Requirements
§ 17346. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum oper-
ating standards for facilities that operate a waste tire monofill as defined
in Section 17346.1 of this Article.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the Cahfornia Integrated Waste Management Act of 1989 (the
Act) commencing with Section 40000 of the Public Resources Code, as
amended. These regulations should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal,
state, or local agency to enforce any provision of law that it is authorized
or required to enforce or administer, nor to limit or restrict cities or coun-
ties from promulgating laws which are at least as strict as the regulations
contained in this Article. However, no city or county may promulgate
laws which are inconsistent with the provisions of this Article.
(d) Nothing in this Article shall be construed as relieving any owner
or operator from obtaining all required permits, licenses, or other clear-
ances complying with all orders, laws, regulations, or other requirements
of other regulatory or enforcement agencies, including, but not limited
to, local health agencies, the Regional Water Quality Control Board, the
Department of Toxic Substances Control, air quality management dis-
trict or air pollution control district, local land use authorities, and fire au-
thorities.
(e) These regulations are intended to provide a sufficient level of in-
formation and oversight to ensure that the disposal of waste tires will be
conducted in a manner which meets the purposes of the Act, as specified
in Public Resources Code Secrion 40052, while protecting the public
health, safety and the environment.
(f) For the purposes of this Article and Article 5.5 of this Chapter, dis-
posal and storage of waste tires does not include the beneficial reuse of
waste tires as the Board may determine on a case-by-case basis.
(1) Beneficial reuse of altered waste tires is permitted provided the
beneficial use does not pose a threat to public health, safety and the envi-
ronment.
(2) In order to qualify as a beneficial use, the proposed use must
employ one or more of the engineering properties of waste tires and pro-
vide equal or superior performance or lower cost relative to conventional
technologies and the proposed use must be approved in writing by a reg-
istered civil engineer.
(3) An application to determine if a project is considered a beneficial
reuse must be made in writing to the EA and the Board. The EA and the
Board will evaluate the proposed project under the criteria set forth in
subsections 17346(f)(1) and (2) and will independently determine and
notify the applicant whether the proposed project constitutes a beneficial
reuse of altered waste tires within ninety (90) days from their receipt of
the application.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020, 43021 and 42808, Public Resources
Code.
History
1. New article 5.4 (sections 17346-17349) and section filed 10-14-2003; opera-
tive 11-13-2003 (Register 2003, No. 42).
§17346.1. Definitions.
For the purposes of this Article:
Unless the context requires another construction, the definitions set
forth in this Article and in Division 30 of the Public Resources Code shall
govern the construction of this Article. Certain of the definitions in Divi-
sion 30 are interpreted herein for the purposes of this Article. The defini-
tions set forth in Title 14, California Code of Regulations, Division 7,
Chapter 3, Article 4.1 do not apply to this Article 5.4.
(a) "Air District" means Air Pollution Control District or Air Quality
Management District.
Page 736
Register 2003, No. 42; 10-17-2003
Title 14
California Integrated Waste Management Board
§ 17346.3
(b) "Altered Waste Tire" means a waste tire that has been baled,
shredded, chopped or split apart. "Altered waste tire" does not mean
crumb rubber.
(c) "Cell" means that portion of compacted waste tires in a waste tire
monofill that is enclosed by cover material during a designated period.
(d) "Local Fire Control Authority" means the public agency responsi-
ble for fire prevention and fire suppression for the area where a waste tire
monofill facility is located or is proposed to be located.
(e) "Operator" means the person responsible for the overall operation
of a waste tire monofill facility or the owner if there is no operator.
(f) "Owner" means a person who owns, in whole or in part, a waste tire
monofill facility, the waste tires located at a waste tire monofill facility,
or the land on which a waste tire monofill facility is located.
(g) "Rubber fines" are small particles of ground rubber that result as
a by-product of producing shredded rubber.
(h) "RWQCB" means the Regional Water Quality Control Board.
(i) "Uncontaminated Waste Tires" mean waste tires that are not haz-
ardous waste, as defined in Title 22, California Code of Regulations Sec-
tions 66260.10 and 66261.3.
(j) "Waste Tire Monofill" means a discrete unit, as defined in Title 27,
California Code of Regulations, Section 20164, for disposal of only un-
contaminated waste tires together with cover.
(k) "Waste tire monofill facihty" means a solid waste facility that has
or will have one or more waste tire monofills and that may handle waste
tires for the purposes of disposal to a waste tire monofill or mining for
recovery of waste tires from a waste tire monofill.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 40160, 42801.5, 42804, 42805, 43020 and
43021, Public Resources Code.
History
1 . New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 1 7346.2. Regulatory Tier for Waste Tire Monofill
Facilities.
(a) All Waste Tire Monofill Facilities shall obtain a Full Solid Waste
Facilities Permit as set forth in Title 27, California Code of Regulations
Sections 21563-21686, but excluding 21565.
(b) Except as expressly provided otherwise in this Article 5.4, all waste
tire monofills shall comply with those provisions of the California Inte-
grated Waste Management Act of 1 989 (the Act), commencing with Pub-
lic Resources Code Section 40000, and regulations promulgated pur-
suant to the Act which apply to solid waste landfills.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020, 43021 and 44002, Public Resources
Code.
History
1. New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17346.3. Applicability of State Minimum Standards.
(a) Operating Criteria. All waste tire monofills shall comply with the
operating criteria set forth in Title 27, California Code of Regulations,
Division 2, Chapter 3, Subchapter 4, commencing with Section 20510,
except for the following:
(1) Section 20680. Daily Cover
(2) Section 20690. Alternative Daily Cover
(3) Section 20695. Cover Performance Standards
(4) Section 20700. Intermediate Cover
(b) Additional Operating Requirements for Waste Tire Monofills. In
addition to the requirements set forth in (a) above, all waste tire monofills
shall adhere to the following waste tire monofill standards:
(1) Waste tire monofill facilities shall comply with Title 14, California
Code of Regulations, Division 7, Chapter 3, Article 5.5 and with Title 14,
California Code of Regulations, Division 7, Chapter 6, Article 8.5.
(2) Waste tires disposed in a waste tire monofill shall be altered waste
tires or shall be otherwise permanently reduced in volume prior to dispos-
al in a manner approved by the EA and the Board on a case-by-case ba-
sis. Waste tires disposed in a tire monofill shall also comply with the fol-
lowing specifications, unless alternative specifications are approved
pursuant to subsection (b)(10):
(A) Tire pieces passing a 3 inch (76 mm) square mesh sieve shall be
limited to a maximum of 50% by weight and tire pieces passing a 1 .5 inch
(38 mm) square mesh sieve shall be limited to a maximum of 25% by
weight in the waste tire monofill to limit the potential for internal heating.
(B) The waste tire monofill shall contain less than 1 % by weight of tire
particles small enough to pass through a no. 4 (4.75 mm) sieve.
(C) The waste tire monofill shall contain no more than 5% altered tires
having metal fragments that protrude more than 2 inches (51 mm) from
the cut edges.
(D) Disposal of any material other than waste tires and cover is prohib-
ited.
(E) Disposal of the remains of tires that have been subjected to fire
shall be prohibited.
(F) Disposal of factory-reject tire carcasses that have been only par-
tially vulcanized shall be prohibited.
(G) Disposal of rubber fines shall be restricted to a separate area of the
monofill as a discrete cell that is isolated from altered waste tire fill cells
and mixed completely with an equal volume of cover during the filling
operations.
(H) In the top 12-inch layer of altered waste tires, a minimum of 90
percent (by weight) of the altered waste tires shall have a maximum di-
mension, measured in any direction, of 12 inches (305 mm) and 100 per-
cent of the altered waste tires shall have a maximum dimension, mea-
sured in any direction, of 18 inches (457 mm).
(3) Representative samples of altered waste tires to be disposed in a
waste tire monofill shall be collected and analyzed for gradation and pro-
truding wire on a monthly basis, or less frequently if approved by the EA
and the Board, to ensure compliance with subsections 17346.3(b)(2)(A),
(B), and (C). Representative samples of cover to be disposed or utiUzed
at a waste tire monofill shall be tested to ascertain compliance with the
limitation on organic matter set forth in subsection 17346.3(b)(5) of this
Article 5.4. Records of the results of these samples shall be maintained
in the records required by Section 17346.4 of this Article 5.4.
(4) The last lift of altered waste tires disposed in a waste tire monofill
shall be compacted to provide a flat and stable surface.
(5) Waste tire monofill cells shall not exceed a maximum depth of 20
feet (6 m), and a maximum cell area of 12,500 square feet (1161 square
meters). A minimum distance of 2 feet shall be maintained between tire
shreds in adjacent cells. Intermediate cover shall be placed to wholly en-
capsulate each monofill cell. Intermediate cover shall consist of soil with
less than 5% organic matter as determined by a loss on ignition test
(ASTM D 2974-00) and compacted to the maximum density obtainable
at optimum moisture content, plus or minus 3 percent, to obtain a stable
surface, using methods that are in accordance with accepted engineering
practice.
(6) The active face of not more than two (2) cells shall be uncovered
at any given time within a waste tire monofill facility.
(7) A minimum of 6 inches (152 mm) of cover shall be placed over the
entire working face at the end of each operating day if: (A) the working
face is to remain open and inactive for longer than 24 hours; or (B) when
there is precipitation. The cover shall consist of the same material used
as intermediate cover.
(8) If more than one waste tire monofill cell is stacked vertically, tem-
perature sensors shall be installed within the underlying cells to monitor
cell temperatures. The operator shall submit a plan that sets forth the loca-
tion and frequency of sensor placement for approval by the EA and the
CIWMB. In addition, a fire prevention plan shall be in place to address
any zones, which experience sustained elevated temperatures to reduce
temperatures to safe levels. Both plans shall be made part of the Fire Pre-
vention, Control and Mitigation Plan, which is defined in Section
17346.5(b)(1). Records of these results of elevated temperature shall be
maintained in the records required by Section 17346.4 of this Article 5.4.
(9) An adequate stockpile of cover and equipment, as required and ap-
proved by the EA and the Board, shall be available in the event of fire to
Page 736.1
Register 2003, No. 42; 10-17-2003
§ 17346.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
insure a cover of a minimum depth of 3 feet on all waste tires, crumb rub-
ber and rubber fines at the waste tire monofill facility exposed to the at-
mosphere.
(J 0) The operator may propose to the EA and the Board alternative op-
erating criteria to those specified in subsections 17346.3(b)(2) through
(b)(9) together with information supporting the proposal. The EA and the
Board may approve such alternative criteria only if the EA and the Board
determine that the alternative criteria protect the public health and safety
and the environment at least as effectively as the criteria specified in sub-
sections 17346.3(b)(2) through (b)(9).
( 1 1 ) Any mining or excavation of waste tires from a waste tire monofill
shall be in accordance with a site-specific excavation and materials man-
agement plan approved by the EA and the Board.
(12) For the purposes of this Article, in addition to the requirements
of Title 27, California Code of Regulations, Section 20610 (Training),
site personnel shall be trained in fire safety, prevention and suppression.
NOTE: Authority cited: Sections 40502, 43020 and 43021. Public Resources
Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§ 17346.4. Waste Tire Monofill Facility Records.
(a) In addition the requirements set forth in Title 27, California Code
of Regulations, Section 20510, waste tire monofills shall record the fol-
lowing information and maintain it with other facility records:
(1) Results from temperature sensor monitoring required by this Ar-
ticle 5A, subsection 17346.3(b)(8).
(2) Results from the sampling of altered waste tires as required by this
Article 5.4, subsection 17346.3(b)(3)
(3) Results from load checking program as required by Title 27,
California Code of Regulations, Section 20870.
(4) Waste Tire Hauler Manifests as required by Title 14, California
Code of Regulations, Section 18459.3.
(5) Results from the loss of ignition test (ASTM D 2974-00) for cover
as required by this Article 5.4, subsection 17346.3(b)(3).
(6) Any additional records required as part of the terms and conditions
of the Full Solid Waste Facilities Permit.
(b) Notwithstanding subsection 17346.4 (a), for purposes of this Ar-
ticle, the requirements of Title 27, California Code of Regulations, sub-
section 20515(a)(6)-(MSWLF Unit Records) shall not apply to waste
tire monofills.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
History
1 . New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17346.5, Report of Facility Information for Waste Tire
Monofill Facilities.
(a) Each operator of a waste tire monofill facility must file with the EA
a Report of Disposal Site Information (RDSI) as required in Title 27,
California Code of Regulations, Sections 21590 & 21600.
(b) In addition to the RDSI requirements set forth in Title 27, Califor-
nia Code of Regulations, Sections 21590 and 21600, the RDSI shall in-
clude the following:
( 1 ) A Fire Prevention, Control and Mitigation Plan which describes the
measures the operator will take to: prevent tires from igniting, control
and suppress the tire fire if it occurs, and mitigate the environmental im-
pacts created by the tire fire at the waste tire monofill and by extinguish-
ing the fire. The operator of a waste tire monofill facility shall specify the
time frames under which any contaminated liquids generated as a result
of any tire fire will be contained and removed and remedial actions will
be implemented. Prior to Board concurrence in a permit, the time frames
must be approved by the Board.
(2) Written evidence that the operator has submitted the Fire Preven-
tion, Control and Mitigation Plan to the Local Fire Control Authority.
(3) Written evidence that the applicable Local Fire Control Authority
has determined that the waste tire monofill facility, as described in the
RDSI, complies with all fire prevention, fire suppression, and other re-
quirements applicable to such facilities within the jurisdiction of the Lo-
cal Fire Control Authority.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
History
I. New section filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§ 17346.6. Design and Construction Standards.
(a) The waste tire monofill shall be constructed in accordance with de-
sign plans and specifications prepared, signed, and stamped by a civil en-
gineer registered by the State of California, pursuant to Section 6762 of
the Business and Professions Code.
(b) As specified in Section 17346.5 of this Article, operators of waste
tire monofills shall prepare a Fire Prevention, Control and Mitigation
Plan. As part of this plan, an emergency containinent system that limits
the flow of any contaminated liquids resulting from a fire in the tire
monofill must be provided. The emergency containment system must
contain any contaminated liquids resulting from a fire in the waste tire
monofill and fire suppression for a period consistent with the imple-
mentation of the Fire Prevention, Control and Mitigation Plan. The emer-
gency containment system may be the existing natural geologic condi-
tion or may be constructed (utilizing clay or composite material together
with a protective operations layer). The emergency containment system
shall also include a collection system to remove any contaminated liquid
that accumulates within the monofill in the event of a fire within or proxi-
mate to the tire monofill. The emergency containment system must be
able to withstand breaching or rupture due to temperatures and other
conditions that may result from a fire within the tire monofill and from
activities undertaken to extinguish a fire within the tire monofill or to re-
mediate any hazard or risk of hazard to the public health and safety or the
environment due to a fire within the tire monofill.
(c) Waste tire monofills shall be designed and constructed to minimize
water from entering or accuinulating in fill areas, or ponding on cells.
Storm water may be temporarily collected in lined dewatering sumps that
are located on the cells. The design and construction of the tire monofill
must allow for the removal of storm water and water that accumulates in
the monofill as quickly as necessary to minimize the risk of fire within
the monofill, as determined by the EA and the Board.
(d) The operator of a waste tire monofill shall implement a construc-
tion quality assurance (CQA) program to ensure compliance with the
above requirements.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1 . New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§17346.7. Siting Criteria.
(a) Waste tire monofill facilities shall not be sited in an area subject to
inundation or washout due to floods with a 100-year remrn period.
(b) Waste tire monofills shall meet seismic design criteria for Class III
units as set forth in Title 27, Cahfomia Code of Regulations, Section
20370.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17347. Closure and Postclosure Maintenance Criteria.
(a) All waste tire monofills shall comply with the requirements set
forth in Title 27, Cahfomia Code of Regulations, Division 2, Chapter 3,
Subchapter 5, Article 2, commencing at Section 21090.
(b) Notwithstanding subsection 17347(a) above, the operator may
propose to the EA and the Board alternative closure and postclosure
maintenance criteria to those specified in subsection (a), together with in-
formation supporting the proposal. The EA and the Board may approve
such alternative criteria only if the EA and the Board determine that the
alternative criteria protect the pubhc health and safety and the environ-
ment at least as effectively as the criteria specified in subsection
17347(a).
Page 736.2
Register 2003, No. 42; 10-17-2003
Title 14
California Integrated Waste Management Board
§ 17351
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Re-
sources Code.
History
1 . New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17347.1. Closure and Postclosure Maintenance Plans.
All waste tire monofills shall comply with the requirements set forth
in Title 27, California Code of Regulations, Chapter 4, Subchapter 4,
commencing at Section 21769.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Re-
sources Code.
History
1. New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17348. Corrective Action Criteria.
As part of the facility closure plan, the operator of a waste tire monofill
shall establish corrective action procedures that include detecting, char-
acterizing and responding to unpermitted discharges of solid waste to
land, the detection of elevated subsurface temperatures and the mitiga-
tion of any fire at the facility. The corrective action procedures shall also
include an estimated cost to initiate and complete the corrective action
for all known and reasonably foreseeable releases from the waste tire
monofill.
NOTE; Authority cited: Sections 40502, 43020, 43021 and 40508, Public Re-
sources Code. Reference: Sections 40508 and 431 03, Public Resources Code; and
Section 258.73, Title 40, Code of Federal Regulations.
History
1 . New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
§ 17349. Financial Assurances for Closure, Postclosure
Maintenance, Corrective Action and Operating
Liability.
All waste tire monofills shall comply with the requirements set forth
in Title 27, California Code of Regulations, Division 2, Chapter 6 com-
mencing at Section 22200.
NOTE: Authority cited: Sections 40502, 40508 and 43509, Public Resources
Code. Reference: Sections 40508, 43040, 43103, 43500, 43600, 43601, 43601.5,
43602 and 43604, Public Resources Code; and Section 258.73, Title 40, Code of
Federal Regulations.
History
1. New section filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42).
Article 5.5. Waste Tire Storage and
Disposal Standards
§17350. Applicability.
(a) Any facility storing 500 or more waste tires outdoors must comply
v/ith the technical and operational standards in sections 17351 through
17355 of this Article.
(b) Any facility storing waste tires indoors must comply with the tech-
nical and operational standards in section 17356 of this Article.
(c) Waste tires that are disposed of by burying at a solid waste disposal
facility are addressed in section 17355 of this Article.
(d) For purposes of determining the applicability of this Chapter, al-
tered waste tires shall be counted as passenger tire equivalents (PTE).
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 4282 1 , 42830, 42832 and 43020, Public
Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiJed 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance inust be transmitted to OAL 5-25-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Repealer of subsection (b) filed 6-16-98 as an emergency; operative 6-1 6-98
(Register 98, No. 25). A Certificate of Compliance must be transmitted to OAL
by 10-14-98 or emergency language will be repealed by operation of law on
the following day.
10. Reinstatement of section as it existed prior to 6-1 6-98 emergency amendment
by operation of Government Code section 11346.1(g) (Register 98, No. 46).
11. Repealer of subsection (b) filed 1 1-9-98 as an emergency; operaUve 1 1-9-98
(Register 98, No. 46). A Certificate of Compliance must be u-ansmitted to OAL
by 3-9-99 or emergency language will be repealed by operation of law on the
following day.
12. Repealer of subsection (b) refiled 3-5-99 as an emergency; operative 3-5-99
(Register 99, No. 10). A Certificate of Compliance must be transmitted to OAL
by 7-6-99 or emergency language will be repealed by operation of law on the
following day.
13. Repealer of subsection (b) refiled 7-2-99 as an emergency; operative 7-6-99
(Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL
by 1 1 -3-99 or emergency language will be repealed by operation of law on the
following day.
14. Repealer of subsection (b) refiled 10-29-99 as an emergency; operative
10-29-99 (Register 99, No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-2000 or emergency language will be repealed by opera-
tion of law on the following day.
15. Cerrificate of Compliance as to 10-29-99 order transmitted to OAL
2-22-2000 and filed 3-31-2000 (Register 2000, No. 13).
16. Repealer and new section heading and amendment of section filed 4-1-2003;
operative 5-1-2003 (Register 2003, No. 14).
§17351. Fire Prevention Measures.
(a) Communication equipment shall be maintained at all facilities, if
they are staffed by an attendant, to ensure that the site operator can con-
tact local fire protection authorities in the event of fire.
(b) Adequate equipment to aid in the control of fires must be provided
and maintained at the facility at all times. At a minimum the following
items shall be maintained on site and in working order at all times:
(1) One (1) dry chemical fire extinguisher;
(2) One (1) two and one-half gallon water extinguisher;
(3) One (1) pike pole or comparable pole at least 10 feet in length to
separate burning from non-burning tires; and
(4) One (1) round point and one (1) square point shovel.
(5) One (1) dry chemical fire extinguisher with a minimum rating of
4A:40BC shall be carried on each piece of fuel-powered equipment used
to handle waste tires;
(c) An adequate water supply shall be available for use by the local fire
authority. The water supply shall be capable of delivering at least 1,000
gallons per minute for a duration of at least three hours and at least 2,000
gallons per minute for a duration of at least three hours if the sum of al-
tered plus whole waste tires exceeds 1 0,000.
(d) All of the requirements of subsections (b) and (c) shall apply unless
the local fire authority having jurisdiction over a particular facility deter-
mines that a different requirement is necessary or adequate to meet the
intent of these regulations for fire control and the protection of life and
property. This may include the availabihty of earth moving equipment
or other approved means to control the tire fire. Any change in, or any
new, local fire authority requirements that affect the requirements in this
Article shall be reported to the Board by the operator within 30 days after
their effective date. Any requirements approved by the local fire author-
ity shall be subject to Board concurrence at the time of issuance or renew-
al of the permit.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 42821 , 42830, 42832 and 43020, Public
Resources Code.
Page 736.3
Register 2(X)3, No. 42; 10-17-2003
§ 17352
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 5-25-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adopdon of secfion transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Amendment of subsecfion (b)(3) and new subsection (b)(5) filed 4-1-2003; op-
erafive 5-1-2003 (Register 2003, No. 14).
§ 17352. Facility Access and Security.
(a) Signs - for facilities open to the public a sign shall be posted at the
facility entrance stating the name of the operator, operating hours, and
site rules.
(b) Attendant- An attendant shall be present when the facility is open
for business if the facility receives tires from persons other than the oper-
ator of the facility.
(c) Access - An access road to the facility must be maintained passable
for emergency equipment and vector control vehicles at all times. Unau-
thorized access must be strictly controlled.
NOTE: Authority cited: Secfions 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Secfions 42820, 4282 1, 42830. 42832 and 43020, Public
Resources Code.
History
L New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operafive 2-2-93 (Register 93,
No. 5). A Certificate of Compfiance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operanon of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsections (a) and (c) transmitted to OAL 9-23-93 and filed
1 1-3-93 (Register 93, No. 45).
9. Amendment of subsections (a) and (c) filed 4-1-2003; operative 5-1-2003
(Register 2003, No. 14).
§ 17353. Vector Control Measures.
(a) All waste tires shall be stored in a manner which prevents the breed-
ing and harborage of mosquitoes, rodents, and other vectors by any of the
following means:
(1) Cover with impermeable barriers other than soil to prevent entry
or accumulation of precipitation; or
(2) Use of treatments or methods to prevent or eliminate vector breed-
ing as necessary, provided the control program is approved as appropri-
ate and effective by the local vector control authority, if such authority
exists. If no local vector control authority exists, the local Environmental
Health Department or other local agency with authority over vector con-
trol shall approve the vector control plan. Any control program approved
by the local vector control authority shall be subject to Board concur-
rence at the time of issuance or renewal of the waste tire facility permit.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public
Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operafion of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operafion of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial coirection of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adopfion of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Amendment of subsection (a)(2) filed 4-1-2003; operative 5-1-2003 (Register
2003, No. 14).
§ 17354. Storage of Waste Tires Outdoors.
(a) Except as provided in subsection (c) waste tires shall be restricted
to individual piles, which include stacks and racks of tires that do not ex-
ceed 5,000 square feet of contiguous area. Any pile shall not exceed
50,000 cubic feet in volume nor 10 feet in height. Piles shall not exceed
6 feet in height when within 20 feet of any property line or perimeter fenc-
ing. Waste tires shall not be located within 10 feet of any property line
or perimeter fencing. The minimum distance between waste tire piles and
between waste tire piles and structures that are located either on-site or
off-site shall be as specified in Table L
(b) Except as provided in subsection (c) waste tires shall be separated
from vegetation and other potentially flammable materials by no less
than 40 feet. Accessible fire lanes with a minimum width as specified in
Table I shall be provided between tire storage units. Fire lanes shall be
kept free of flammable or combustible material and vegetation. Access
to fire lane(s) for emergency vehicles must be unobstructed at all times.
Open flames, blow torches, or highly flammable materials, including but
not limited to, tire inner tubes, are prohibited within 40 feet of a waste tire
pile.
Table 1
Minimum Separation Distances (Ft.)
Length of Exposed
Face (Ft.)
25
50
100
150
200
250
Tire Storage Pile Height (Ft.)
6 8 10
50 56 62
66 75 84
84 100 116
99 117 135
111 130 149
118 140 162
(c) All of the requirements in subsections (a) and (b) shall apply to the
storage of waste tires unless, for any particular requirement, the local fire
authority having jurisdiction over a particular facility determines that a
different requirement is necessary or adequate to meet the intent of these
regulations for the prevention of fire and the protection of life and proper-
ty. Any change in, or any new, local fire authority requirements that af-
fect the requirements in this Article shall be reported to the Board by the
operator within 30 days after their effective date. Any requirements ap-
Page 736.4
Register 2003, No. 42; 10-17-2003
Title 14
California Integrated Waste Management Board
§ 17360
proved by the local fire authority shall be subject to Board concurrence
at the time of issuance or renewal of the permit.
(d) Surface water drainage shall be directed around and away from the
waste tire storage area.
(e) Waste tires at existing waste tire facilities shall not be stored on sur-
faces with grades that will interfere with fire fighting equipment or per-
sonnel unless mitigation measures have been approved in writing by the
local fire authority, or a fire safety engineer registered by the State of Cal-
ifornia. Measures established by a fire safety engineer shall be subject to
approval by the local fire authority.
(f) New waste tire facilities shall not:
(1) Be sited in any area where they may be subjected to immersion in
water during a 100-year storm unless the operator demonstrates to the
Board that the facility will be designed and operated so as to prevent
waste tires from migrating off-site; or
(2) Be located on sites with grades or other physical features that will
interfere with fire fighting equipment or personnel.
(g) Tires must be removed from rims immediately upon arrival at the
facility.
(h) The site shall be designed and constructed to provide protection to
bodies of water from runoff of pyrolytic oil resulting from a potential tire
fire.
NOTE: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 42821 , 42830, 42832 and 43020, Public
Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operafive 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsections (a), (b), and (d)-(h) and amendment of subsection
(c) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No, 45).
9. Amendment of section heading, subsection (a) and Table 1 filed 4-1-2003; op-
erative 5-1-2003 (Register 2003, No. 14).
§ 1 7355. Disposal of Waste Tires at Solid Waste Facilities.
(a) Waste tires may not be landfilled in a solid waste disposal facility
which is permitted pursuant to Chapter 3 of Part 4 of the Public Resources
Code, commencing with section 44001, unless they are permanently re-
duced in volume prior to disposal by shredding, or other methods subject
to the EA approval and Board approval.
(b) The requirement of subsection (a) shall not apply to waste tires re-
ceived which are commingled with municipal solid waste that arrive in
loads, where the waste tires comprise less than one-half of one (0.5) per-
cent by weight of the total load, or where the waste tires inadvertently ar-
rive in homeowner delivered household loads of mixed waste and are not
readily removable from the waste stream; or
(c) All waste tires stored at a solid waste facility shall meet the require-
ments of this Article.
NOTE: Authority cited; Secfions 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 4282 1 , 42830, 42832 and 43020, Public
Resources Code.
History
1. New secfion filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operanon of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Amendment of section heading and section filed 4-1-2003; operative
5-1-2003 (Register 2003, No. 14).
§ 17356. Indoor Storage.
Waste tires stored indoors must be stored under conditions that meet
or exceed those in "The Standard for Storage of Rubber Tires", National
Fire Protection Association, NFPA 231D-1989 edition, published by the
National Fire Protection Association, which is incorporated by reference.
This requirement shall apply unless the local fire authority having juris-
diction over a particular facility determines that a different requirement
is necessary or adequate to meet the intent of these regulations for fire
control and the protection of life and property. Any change in, or any
new, local fire authority requirements that affect the requirements in this
Article shall be reported to the Board by the operator within 30 days after
their effective date.
NOTE: Authority cited: Secfions 40502, 42820, 42830 and 43020, Public Re-
sources Code. Reference: Sections 42820, 4282 1, 42830, 42832 and 43020, Public
Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operanon of law on the following day.
2. New secfion refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of CompUance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Repealer of subsection (a) designator and subsections (b)-(b)(2) filed
4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 5.6. Nonhazardous Petroleum
Contaminated Soil Operations and Facilities
Regulatory Requirements
§ 1 7360. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum oper-
ating standards for operations that handle only nonhazardous petroleum
Page 736.5
Register 2003, No. 42; 10-17-2003
§ 17361
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
contaminated soil, as specified. This Article is not applicable to Class II
or III landfills that handle other waste types in addition to contaminated
soil.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with section 40000 of the Public Resources Code, as
amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the
handling of nonhazardous petroleum contaminated soil. Nothing in this
Article is intended to limit the power of any federal, state, or local agency
to enforce any provision of law that it is authorized or required to enforce
or administer.
(d) Nothing in this Article shall be construed as relieving any owner,
operator, or designee from the obligation of obtaining all required per-
mits, licenses, or other clearances and complying with all orders, laws
regulations, or reports, or other requirements of other regulatory or en-
forcement agencies, including but not limited to, local health entities, re-
gional water quality control boards and air quality management districts
or air pollution control districts, local land use authorities, and fire autho-
rities.
(e) Nothing in this Article is intended to require the owner or operator
of a contaminated soil transfer/processing operation or disposal facility
to comply with the Enforcement Agency Notification requirements or to
obtain a tiered sohd waste facilities permit pursuant to this Article if that
owner or operator already has a valid full solid waste facilities permit
pursuant to section 44001 of the Public Resources Code.
(f) Operations and facilities subject to this Article shall be in com-
pliance with the provisions of this Article within 90 days after effective
date.
Note. Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 5.6 (sections 17360-17366) and section filed 3-25-96; operative
4-24-96 (Register 96, No. 13).
§17361. Definitions.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quality
Management District.
(b) "Contaminated Soil" means soil that:
(1) contains designated or nonhazardous concentrations, as set forth
in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California
Code of Regulations, of petroleum hydrocarbons, such as gasoline and
its components (benzene, toluene, xylene, and ethylbenzene), diesel and
its components (benzene), virgin oil, motor oil, or aviation fuel, and lead
as an associated metal; and
(2) has been determined pursuant to section 13263(a) of the Water
Code to be a waste that requires regulation by the RWQCB or Local
Oversight Agency.
(c) "Contaminated Soil Transfer/Processing Operation" means an op-
eration that handles only contaminated soil for purposes of treatment,
storage, or transfer. It does not include manufacturing operations.
(d) "Contaminated Soil Disposal Facility" means a facility that han-
dles only contaminated soil for purposes of disposal. It does not include
manufacturing operations.
(e) "Disposal" means
(1) final deposition of contaminated soil onto land, or,
(2) when located at a transfer/processing operation(s), deposition of
contaminated soil onto land for a combined period of time greater than
one year for transfer, storage, and/or treatment.
(3) Notwithstanding subdivision (e)(2) of this section, deposition of
contaminated soil onto land shall not constitute disposal if the RWQCB
or the enforcement agency authorizes contaminated soil to remain within
the operations area for a period of time greater than one year for the pur-
pose of treatment.
(4) Once the enforcement agency has reason to believe that contami-
nated soil has been disposed, the burden of proof shall be on the owner
or operator to demonstrate that disposal has not occurred.
(5) Disposal does not include the use of contaminated soil for cover
material at a solid waste landfill. Notwithstanding this section, contami-
nated soil shall still require approval for use as cover by the CIWMB and
possibly other governmental agencies, including the RWQCB and Air
Districts.
(f) "Local Oversight Agency" means the department, office, or other
agency of a county or city authorized pursuant to law other than the Act,
commencing with section 40000 of the Public Resources Code, to over-
see the cleanup of contaminated soil at a specific location, including but
not limited to those agencies designated pursuant to Health and Safety
Code section 25283 (Underground Storage Tanks).
(g) "Manufacturing" means using contaminated soil as a raw material
in making a finished product that is distinct from soil . Such finished prod-
ucts include but are not limited to asphalt and asphaltic concrete.
(h) "Noncontaminated Soil" means soil that is not required to be regu-
lated as a waste by the RWQCB or Local Oversight Agency.
(i) "Operations Area" means the following areas within the boundary
of a contaminated soil transfer/processing operation or disposal facility
which is regulated by the CIWMB, the boundary may or may not be the
same as the property boundary and could reflect a smaller area:
(1) equipment management area, including cleaning, maintenance,
and storage areas;
(2) stocking areas for contaminated soil; and,
(3) treatment and/or transfer and/or storage and/or disposal areas,
(j) "Operator" means the owner; or other person who through a lease,
franchise agreement or other arrangement with the owner, is legally re-
sponsible for all of the following:
(1) complying with regulatory requirements set forth in this Article;
(2) complying with all applicable federal, state and local requirements;
(3) the design, construction, and physical operation of the operations
area; and
(4) site restoration.
(k) "Owner" means the person or persons who own, in whole or in part,
a contaminated soil transfer/processing operation or disposal facility, or
the land on which it is located.
(/) "RWQCB" means the Regional Water Quality Control Board.
(m) "Site" means the operations area.
(n) "Transfer" means a handling method where contaminated soil is
received temporarily for purposes of transferring from one vehicle to
another.
(o) "Treatment" means a reduction in petroleum hydrocarbons present
in contaminated soil to a concentration specified by the RWQCB or Lo-
cal Oversight Agency. Treatment methods may include, aeration, biore-
mediation, thermal, solidification and chemical fixation, and soil wash-
ing.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 1 7362.0. Regulatory Tiers for Contaminated Soil
Operations and Facilities.
Sections 17362.1 through 17362.3 set forth the regulatory tier require-
ments (commencing at section 18100) that apply to specified types of
contaminated soil operations and facilities.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§17362.1. Excluded Operations.
The solid waste handling operations and facilities listed in this section
do not constitute contaminated soil transfer/processing operations or dis-
posal facilities for the purposes of this Article and are not required to meet
the requirements set forth herein. Nothing in this section precludes the
Page 736.6
Register 2003, No. 42; 10-17-2003
Title 14
California Integrated Waste Management Board
§ 17364.2
•
•
enforcement agency or the board from inspecting an excluded operation
or facility to verify that the operation or facility is being conducted in a
manner that qualifies as an excluded operation or facility or from taking
any appropriate enforcement action.
(a) Transfer/processing of contaminated soil:
(1) from a single generator source owned or leased by the generator,
its parent, or subsidiary to property owned or leased by the same genera-
tor, its parent, or subsidiary; or,
(2) from a single generator source owned or leased by the generator,
its parent, or subsidiary to a specific location for a one time treatment that
is within the jurisdiction of the RWQCB and/or the Local Oversight
Agency, and/or air district.
(b) Disposal of contaminated soil from a single Petroleum Exploration
and Production Company, its parent, or subsidiary to property owned or
leased by the same Petroleum Exploration and Production Company, its
parent, or subsidiary.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 4302 L PubUc Resources Code.
History
1 . New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 17362.2. Contaminated Soil Transfer/Processing
Operations.
All contaminated soil transfer/processing operations, except as other-
wise provided in this Article, shall comply with the Enforcement Agency
Notification requirements set forth in Title 14, Division 7, Chapter 5.0,
Article 3.0 of the California Code of Regulations (commencing at section
18103). These operations shall be inspected by the enforcement agency
at least once quarterly.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 17362.3. Contaminated Soil Disposal Facilities.
All contaminated soil disposal facilities, except as otherwise provided
in section 17362.1, shall obtain a Standardized Contaminated Soil Solid
Waste Facilities Permit, as set forth in form CIWMB 90 "Contaminated
Soil Standardized Solid Waste Facilities Permit" (new 8/95), which is in-
corporated herein by reference (See Appendix A.), pursuant to the re-
quirements of Title 14, Division 7, Chapter 5.0, Article 3.0 of the Califor-
nia Code of Regulations (commencing with section 18105).
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
2. Change without regulatory effect ainending section filed 11-4-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 45).
§ 17363. Standardized Contaminated Soil Solid Waste
Facilities Permit Terms and Conditions.
Tlie enforcement agency shall include in a Standardized Contami-
nated Soil Solid Waste Facilities Permit only those terms and conditions,
and no others, contained in form CIWMB 90 "Contaminated Soil Stan-
dardized Solid Waste Facilities Permit" (rev. 12/96), which is incorpo-
rated herein by reference. (See Appendix A.)
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code, Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
2. Change without regulatory effect amending section and moving for
ClWMB-90 to Appendix A (following section 18831) filed 1 1-4-96 pursuant
to section 100, title 1, California Code of Regulations (Register 96, No. 45).
3. Change without regulatory effect amending section filed 2-6-97 pursuant to
section 100, title 1, CaUfornia Code of Regulations (Register 97, No. 6).
§ 17364.0. Contaminated Soil Operation and Facility
Standards.
Sections 17364.1 through 17364.3 set forth the minimum standards
that apply to all types of contaminated soil operations and facilities.
NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources
Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 1 7364.1 . Siting on Landfills.
(a) Contaminated soil operations and facilities located on top of closed
solid waste landfills shall meet postclosure land use requirements pur-
suant to Title 14, Division 7, Chapter 3, Article 7.8, section 17796 of the
California Code of Regulations.
(b) Contaminated soil operations and facilities that would be located
on top of intermediate cover on a solid waste landfill shall locate opera-
tions on areas on foundation substrate that is stabilized by compaction to
minimize differential settlement, ponding, soil liquefaction, or failure of
pads or structural foundations.
NOTE: Authority cited: Sections 40502, 43020, and 4302 1 of the Public Resources
Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 17364.2. General Design Requirements.
Contaminated soil operations and facilities shall be designed and con-
structed in such a manner as to ensure that the operations and facilities
comply with the operational requirements set forth in this Article. A copy
of the design of the contaminated soil disposal facility is required as part
of the Report of Contaminated Soil Disposal Site Information, as set forth
in section 18224.
NOTE: Authority cited: Sections 40502, 43020, and 43021 ofthe Public Resources
Code. Reference: Sections 43020 and 43021 ofthe Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
[The next page is 737.
Page 736.7
Register 2003, No. 42; 10-17-2003
Title 14
California Integrated Waste Management Board
§ 17367
§ 17364.3. General Operating Standards.
(a) All activities shall be conducted in a manner that minimizes litter,
nuisances, dust, noise impacts, or other public health and safety and envi-
ronmental hazards.
(b) Unauthorized human or animal access to the operation or facility
shall be prevented.
(c) Traffic How into, on, and out of the operation and facility shall be
controlled in a safe manner.
(d) All operations and facilities open for public business shall post leg-
ible signs at all public entrances that include the following:
( 1 ) name of the operation,
(2) name of the operator,
(3) hours of operation,
(4) specify that only nonhazardous petroleum contaminated soil will
be accepted, and
(5) phone number where operator or designee can be reached in case
of an emergency.
(e) The operator shall provide telephone or radio communication ca-
pability for emergency purposes.
NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources
Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 17365. General Record Keeping Requirements.
All contaminated soil/transfer operations and disposal facilities shall
meet the following requirements:
(a) All records required by this Article shall be kept by the operator in
one location and accessible for five (5) years and shall be available for
inspection by authorized representatives of the board, enforcement
agency, local health entity, and other duly authorized regulatory and en-
forcement agencies during normal working hours.
(b) The operator shall maintain a log of special occurrences encoun-
tered during operation and methods used to resolve problems arising
from these events, including details of all incidents that required imple-
menting emergency procedures. Special occurrences may include: fires,
injury and property damage accidents, explosions, discharge of hazard-
ous or other wastes not permitted, flooding and other unusual occur-
rences.
(c) The operator shall record any written public complaints received
by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person
or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record, as specified by the RWQCB, the types
and concentrations of constituents, the date, and quantity of contami-
nated soil accepted at the operation or facility; and for treatment, transfer,
or storage operations, the types and concentrations of constituents, the
date, and quantity of contaminated and noncontaminated soil leaving the
operations. Where no requirements have been specified by the appropri-
ate RWQCB, the operator shall record the same information as provided
by generator source. The operator shall also record the name of all trans-
fer, storage, and/or treatment operations where the contaminated soil was
located prior to the receipt by the operator and the dates the contaminated
soil was received at each of these operations and removed.
NOTE; Authority cited: Sections 40502, 43020, and 4302 1 of the Public Resources
Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 17366. Contaminated Soil Operation and Facility
Restoration.
All contaminated soil operations and facilities shall meet the follow-
ing requirements:
(a) The operator shall provide the enforcement agency written notice
of intent to perform site restoration, at least 30 days prior to beginning site
restoration.
(b) The operator(s) and owner(s) shall provide site restoration neces-
sary to protect public health, safety, and the environment.
(c) The operator(s) and owner(s) shall provide site restoration neces-
sary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration proce-
dures are performed upon completion of operation and termination of
service:
(1) the operation grounds, excluding the disposal area, shall be cleaned
of all contaminated soil, construction scraps, and other materials related
to the operation, and these materials legally recycled, reused, or disposed
of,
(2) all machinery shall be cleaned of contaminated soil, and
(3) al remaining structures shall be cleaned of contaminated soil.
NOTE: Authority cited: Sections 40502, 43020, and 4302 1 of the Public Resources
Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
Article 5.7. Hazardous Waste Disposal
Facilities Disposing Nonhazardous,
Nonputrescible, Industrial Solid Waste
Regulatory Requirements
§ 1 7367. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum oper-
ating standards for those hazardous waste disposal facilities which hold
a valid Hazardous Waste Facility Permit from the Department of Toxic
Substances Control and codispose nonhazardous, nonputrescible, indus-
trial solid waste with hazardous waste in one or more waste management
units within the disposal facility.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with Section 40000 of the Public Resources Code, as
amended. These regulations should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal,
state, or local agency to enforce any provision of law that it is authorized
or required to enforce or administer, nor to limit or restrict cities or coun-
ties from promulgating laws which are at least as strict as the regulations
contained in this Article. However, no city or county may promulgate
laws which are inconsistent with the provisions of this Article or Title 22
California Code of Regulations, Division 4.5.
(d) Nothing in this Article shall be construed as relieving any owner
or operator, from obtaining all required permits, licenses, or other clear-
ances and complying with all orders, laws, regulations, or other require-
ments of other regulatory or enforcement agencies, including, but not
limited to, local health agencies, the Regional Water Quality Control
Board, the Department of Toxic Substances Control, air quality manage-
ment district or air pollution control district, local land use authorities,
and fire authorities.
(e) These regulations are intended to provide a sufficient level of in-
formation and oversight to ensure that the codisposal of nonhazardous,
nonputrescible, industrial solid waste at a hazardous waste disposal facil-
ity will be conducted in a manner which meets the purposes of the Act,
as specified in Public Resources Code Section 40052, while protecting
the public health, safety and the environment.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 44103, Public Re-
sources Code. Reference: Sections 40053, 43020 and 43021, Public Resources
Code.
History
1. New article 5.7 (sections 17367-17370.2) and section filed 7-31-2000 as an
emergency; operative 10-1-2000 (Register 2000, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1-29-2001 or emergency language
will be repealed by operation of law on the following day.
Page 737
Register 2002, No. 21; 5-24-2002
§ 17368
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. New article 5.7 (sections 17367-17370.2) and section refiled 1-29-2001 as an
en\ergency; operative 1-29-2001 (Register 2001 , No. 5). A Certificate of Com-
pliance must be transmitted to OAL by 5-29-2001 or emergency language will
be repealed by operation of law on the following day.
3. New article 5.7 (sections 17367-17370.2) and section refiled 5-17-2001 as an
emergency; operative 5-30-2001 (Register 2001, No. 20). A Certificate of
Compliance must be transmitted to OAL by 9-27-2001 or emergency language
will be repealed by operadon of law on the following day.
4. New article 5.7 (sections 17367-17370.2) and section refiled 9-24-2001 as an
emergency; operative 9-28-2001 (Register 2001, No. 39). A Certificate of
Compliance must be transmitted to OAL by 1-28-2002 or emergency language
will be repealed by operation of law on the following day.
5. New article 5.7 (sections 17367-1 7370.2) and section refiled 12-11-2001 as an
emergency; operative 1-23-2002 (Register 2001, No. 50). A Certificate of
Compliance must be transmitted to OAL by 5-23-2002 or emergency language
will be repealed by operadon of law on the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of
subsection (c), transmitted to OAL 4-10-2002 and filed 5-21-2002 (Reaister
2002, No. 21).
§17368. Definitions.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quahty
Management District.
(b) "Board" means the California Integrated Waste Management
Board.
(c) "Codisposal" means the final deposition of nonhazardous, nonpu-
trescible, industrial solid waste disposed with hazardous waste in a waste
management unit.
(d) "Cover" mean soils or alternative materials used in covering the
nonhazardous, nonputrescible, industrial solid waste in a hazardous
waste disposal facility waste management unit.
(e) "DTSC" means Department of Toxic Substances Control.
(f) "EA" means enforcement agency as defined in Public Resources
Code section 40130.
(g) "Hazardous waste disposal facility," or "facility" means a disposal
facility that holds and maintains a valid Hazardous Waste Facility Permit
issued by the Department of Toxic Substances Control pursuant to sec-
tion 25200 of the California Health and Safety Code.
(h) "Nonhazardous, Nonputrescible, Industrial Solid Waste" means
solid waste (as defined in Public Resources Code Section 40191) which
also meets all of the following criteria:
(1) Nonputrescible: Sohd wastes which are not capable of being de-
composed by micro-organisms with sufficient rapidity as to cause odors,
gases, attraction of vectors or other offensive conditions. For example,
wastes that are putrescible, and do not qualify as nonputrescible, include
without limitation food wastes, offal and dead animals.
(2) Liquid Content: Solid wastes that contain no free liquid, whether
such wastes are in bulk or in containers. The absence of free liquid shall
be determined by the method specified in Title 22 California Code of
Regulations section 66264.314(b).
(3) Nonhazardous, Nonputrescible, Industrial Solid Waste expressly
excludes:
(A) Household waste as defined in Title 27 Cahfomia Code of Regula-
tions section 20164;
(B) Wastes which are prohibited at any hazardous waste disposal facil-
ity by applicable statutes or regulations of any governmental body having
jurisdiction; and
(C) With respect to a specific hazardous waste disposal facility, wastes
which are prohibited at that particular hazardous waste disposal facility
by the terms and conditions of any permit or entitlement to use issued by
a governmental body.
(i) "Operating Record" means a facility's records of compliance with
the requirements set forth in this Article.
(j) "RWQCB" means the Regional Water Quality Control Board.
(k) "Waste management unit" or "unit" means an area within a hazard-
ous waste disposal facility where hazardous wastes may be disposed pur-
suant to a hazardous waste facility permit issued by the Department of
Toxic Substances Control, expressly excluding surface impoundments.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secdons 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 7-31-2000 as an emergency; operadve 10-1-2000 (Register
2000, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-29-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Regis-
ter 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-29-2001 or emergency language will be repealed by operation of law on the
following day.
3. New secdon refiled 5-17-2001 as an emergency; operative 5-30-2001 (Regis-
ter 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by
9-27-2001 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Regis-
ter 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-28-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 12-1 1-2001 as an emergency; operadve 1-23-2002 (Reg-
ister 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
by 5-23-2002 or emergency language will be repealed by operation of law on
the following day.
6. Certificate ofCompliance as to 12-1 1 -2001 order, including repealer of subsec-
tions (h)(3)-(h)(4)(C) and subsecdon renumbering, transmitted to OAL
4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
§ 17369. Regulatory Tier for Hazardous Waste Disposal
Facilities Codisposing Nonhazardous,
Nonputrescible, Industrial Solid Waste.
(a) All hazardous waste disposal facilities codisposing nonhazardous,
nonputrescible, industrial solid waste shall comply with the Registration
Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article
3.0 of the California Code of Regulations (commencing with section
18104). These facilities shall be inspected monthly by the EA, or more
frequently if necessary to verify compliance with the standards set forth
in this Article. "Hazardous waste" (as defined in Title 22 California Code
of Regulations sections 66260.10 and 66261.3) shall not be accepted un-
der the provisions of the Registration Permit issued pursuant to this sec-
tion.
(b) In addition to the Registration Permit AppHcation required by sub-
division (a) of this section, each operator of a hazardous waste disposal
facility shall file with the EA a "Nonhazardous, Nonputrescible, Indus-
trial Solid Waste Codisposal Plan" (Plan) (as specified in section 18225).
The information contained in the Plan shall be reviewed by the EA, in the
same manner as required for the application, to determine whether it is
complete and correct as defined in Title 14, Division 7, Chapter 5.0, Ar-
ticle 3.0, section 18101. The EA shall obtain written verification from
Board staff that section 18225(g) and (h) of Ardcle 3.2 are correct prior
to their determination of a complete and correct application.
(c) A hazardous waste disposal facility that accepts other types of solid
wastes, which do not meet the definition of "nonhazardous, nonputres-
cible, industrial solid waste", shall obtain a Full Solid Waste Facilities
Permit pursuant to the requirements of Title 27 California Code of Regu-
lations, Division 2, Subdivision 1, Chapter 4 (§21450 et seq.) prior to
commencing operations. "Hazardous waste" (as defined in Title 22
California Code of Regulations secdons 66260. 1 0 and 66261 .3) shall not
be accepted under the provisions of the Full Solid Waste Facilities Permit
issued pursuant to Title 27 California Code of Regulations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register
2000, No. 31). A Certificate ofCompliance must be transmitted to OAL by
1-29-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-29-2001 as an emergency; operadve 1-29-2001 (Regis-
ter 2001, No. 5). A Certificate ofCompliance must be transmitted to OAL by
5-29-2001 or emergency language will be repealed by operation of law on the
following day.
3. New secdon refiled 5-17-2001 as an emergency; operative 5-30-2001 (Regis-
ter 2001, No. 20). A Certificate ofCompliance must be transmitted to OAL by
9-27-2001 or emergency language will be repealed by operation of law on the
following day.
Page 738
Register 2002, No. 21; 5-24-2002
Title 14
California Integrated Waste Management Board
§ 17375
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Regis-
ter 2001 , No. 39). A Certificate of Compliance must be transmitted to OAL by
1-28-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 12-1 1-2001 as an emergency; operative 1-23-2002 (Reg-
ister 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
by 5-23-2002 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Coinpliance as to 12-11-2001 order, including amendment of
subsections (a) and (b) and new subsection (c), transmitted to OAL 4-10-2002
and filed 5-21-2002 (Register 2002, No. 21).
§ 17370.1. General Operating Standard.
The daily cover shall be applied as approved by Department of Toxic
Substances Control pursuant to Title 22 California Code of Regulations
sections 66264.301(i) or 66265.301 (i), as applicable, or the Air District,
whichever requirement is more stringent.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register
2000, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-29-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Regis-
ter 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-29-2001 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Regis-
ter 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by
9-27-2001 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Regis-
ter 2001 , No. 39). A Certificate of Compliance must be transmitted to OAL by
1-28-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 12-1 1-2001 as an emergency; operative 1-23-2002 (Reg-
ister 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
by 5-23-2002 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 12-11-2001 order, includine amendment of
section, transmitted to OAL 4-10-2002 and filed 5-21-2002''(Register 2002,
No. 21).
§ 17370.2. Record Keeping Requirements.
Each operator of a hazardous waste disposal facility shall meet the fol-
lowing requirements with respect to nonhazardous, nonputrescible, in-
dustrial solid waste disposed at the facility:
(a) All records required by this Article shall be kept in one location and
accessible for three years and shall be available for inspection by autho-
rized representatives of the EA, the Board, and other duly authorized reg-
ulatory and enforcement agencies during normal working hours. If nec-
essary, copies of these records may be maintained at an alternative site,
as long as that site is easily accessible to the EA.
(b) The operator shall notify the EA by telephone within 24 hours of
all incidents requiring the implementation of emergency procedures, un-
less the EA determines that a less immediate form of notification will be
sufficient to protect public health and safety and the environment, as it
relates to the acceptance and disposal of nonhazardous, nonputrescible,
industrial solid wastes (as defined in section 17368 of this Article).
(c) The operator shall maintain records of the tonnage of nonhazard-
ous, nonputrescible, industrial solid waste that is codisposed in each
waste management unit at the facility on a daily basis. The operator shall
also maintain records of the tonnage of hazardous waste codisposed in
each waste management unit at the facility on a monthly basis. These re-
cords shall be provided to the EA or the Board upon request.
(d) By March 1 of each year, the operator shall annually report to the
EA and the Board the total amount of nonhazardous, nonputrescible, in-
dustrial solid waste and hazardous waste codisposed the previous year.
(e) The operator shall maintain a copy of the demonstration required
pursuant to Title 14 California Code of Regulations section 18225(f) in
the operating record.
(f) The operator shall provide the EA with written notice of intent (No-
tice) to close a waste management unit at least 60 days prior to beginning
unit closure, and maintain a copy of the Notice in the operating record.
(g) All such facihties shall maintain records as required by Title 14
California Code of Regulations section 18810 et seq.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020, 43021 and 43501, Public Resources
Code.
History
1. New secfion filed 7-31-2000 as an emergency; operative 10-1-2000 (Register
2000, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-29-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Regis-
ter 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-29-2001 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Regis-
ter 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by
9-27-2001 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Regis-
ter 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-28-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 12-11-2001 as an emergency; operative 1-23-2002 (Reg-
ister 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
by 5-23-2002 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of
subsections (a), (e) and (f) and new subsection (g), transmitted to OAL
4-10-2002 and filed 5-21-2002 (Register 2002, No. 21).
Article 5.8. Nonhazardous Ash Regulatory
Tier Requirements
§ 17375. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum oper-
ating standards for operations and facilities that handle and/or dispose of
nonhazardous ash, as specified. This Article is not applicable to Class II
or III landfills that handle and/or dispose of other waste types in addition
to nonhazardous ash.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with section 40000 of the Public Resources Code, as
amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the
handling and/or disposal of nonhazardous ash. Nothing in this Article is
intended to limit the power of any federal, state, or local agency to en-
force any provision of law that it is authorized or required to enforce or
administer.
(d) Nothing in this Article shall be construed as relieving any owner,
operator, or designee from the obligation of obtaining all required per-
mits, licenses, or other clearances and complying with all orders, laws,
regulations, reports, or other requirements of other regulatory or enforce-
ment agencies, including but not limited to, local health entities, regional
water quality control boards, air quality management districts or air pol-
lution control districts, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of infor-
mation and oversight to ensure that the transfer and processing, or mono-
filling of nonhazardous ash will be conducted in a manner which meets
the purposes of the Act while protecting public health, safety and the en-
vironment. Materials that may otherwise be disposed to landfills may be,
among other things, processed to reduce, reuse, and recycle the material
to the maximum extent feasible in an efficient and cost-effective manner
to conserve water, energy and other natural resources.
(f) Operations and facilities subject to this Article shall be in com-
pliance with the provisions of this Article within 90 days after the effec-
tive date of this Article.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
Page 738.1
Register 2002, No. 21; 5-24-2002
§ 17376
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New article 5.8 (sections 17375-17379.1) and section filed 9-26-97; operative
9-26-97 pursuant to Government Code section 1 1343.4(d) (Reeister 97, No.
39).
§17376. Definitions.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quality
Management District.
(b) '"Disposal" means:
(1) final deposition of nonhazardous ash onto land.
(2) stockpiling of nonhazardous ash onto land for a combined period
of time greater than six months when located for use at the site of a trans-
fer/processing operation(s) unless the RWQCB in consultation with the
enforcement agency authorizes nonhazardous ash to remain witliin the
operations area for a period of time greater than six months.
(3) disposal does not include the use of nonhazardous ash for cover
material at a solid waste landfill. Notwithstanding this section, use of
nonhazardous ash as a cover material shall still require approval for use
pursuant to Title 27 California Code of Regulations section 20680 and
may require additional approvals from other governmental agencies, in-
cluding, but not limited to RWQCB and Air Districts.
(4) disposal does not include the use of nonhazardous ash for a recla-
mation project as defined in section 17376(m).
(5) disposal does not include the use of nonhazardous ash for snow and
ice control, roadbase/subbase, walk areas, parking areas, airport run-
ways, trails, dairy or feedlot soil stabilization, structural fill, sludge/ma-
nure/waste stabilizing material, compost mineral filler, smelter flux,
blending in a soil product, and similar uses in accordance with PubUc Re-
sources Code section 40180. Nonhazardous ash used for these purposes
is not subject to the requirements of this Article. Nothing in this section
precludes the enforcement agency or the CIWMB from inspecting any
of the activities listed in this subdivision to verify that the activity quali-
fies for this exception from the definition of disposal.
(6) disposal does not include land application of nonhazardous ash as
defined in section 17376(e).
(7) Should the enforcement agency have information that a nonhaz-
ardous ash handler is engaging in other activities that are subject to this
Article, the burden of proof shall be on the land owner or operator to dem-
onstrate otherwise.
(c) "Fully Enclosed Structure" means either a building with a roof and
walls that prevent rain and wind from affecting the material, or covered
container.
(d) "Generator" means the nonhazardous ash producer.
(e) "Land Application" means the application of nonhazardous ash to
forest, agricultural, and range land in accordance with California Depart-
ment of Food and Agriculture requirements for a beneficial use as autho-
rized by Food and Agricultural Code section 14501 et seq. Land applica-
tion does not constitute disposal and is not subject to the requirements of
this Article.
(f) "Manufacturing" means using nonhazardous ash as a raw material
in making a finished product that is distinct from nonhazardous ash. Such
finished products include but are not limited to cement and concrete
products, asphalt, blasting grit, roofing granules and tiles, wallboard,
bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash
used in manufacturing is not subject to the requirements of this Article.
Should the enforcement agency have information that a nonhazardous
ash manufacturer is engaging in other activities that are subject to this Ar-
ticle, the burden of proof shall be on the land owner or operator to demon-
strate otherwise.
(g) "Nonhazardous Ash" means the nonhazardous residue from the
combustion of material or the hazardous residue which may be managed
as a nonhazardous waste in accordance with Title 22 California Code of
Regulations section 66260.200(0 or 66260.210. The classification of a
waste as hazardous or nonhazardous is made pursuant to Title 22 Califor-
nia Code of Regulations section 66260.200.
(h) "Nonhazardous Ash Disposal/Monofill Facility" or "Facility"
means a facility that handles only nonhazardous ash for purposes of dis-
posal and is not a landfill pursuant to Public Resources Code section
40195.1.
(i) "Nonhazardous Ash Transfer/Processing Operation" or "Opera-
tion" means an operation that handles only nonhazardous ash for pur-
poses of transfer, treatment, or storage. This definition does not include
transformation, biomass conversion, or other incineration facilities.
(j) "Operations Area" means the following areas within the boundary
of an operation or facility that are subject to this Article, although the
boundary may or may not be the same as the property boundary:
(1) equipment management area, including cleaning, maintenance,
and storage areas;
(2) stockpiling areas for nonhazardous ash;
(3) transfer and/or processing and/or disposal areas.
(k) "Operator" means the land owner or other person who. through a
lease, franchise agreement or other contract with the land owner is legally
responsible for all of the following:
(1) transfer/processing operations or disposal;
(2) complying with all applicable federal, state and local requirements
relating to the operation;
(3) the design, construction, and physical operation of a transfer/
processing operation or disposal/monofill facility;
(4) operations site restoration of a transfer/processing operation or dis-
posal/monofill facility.
(/) "Owner" means the person or persons who own, in whole or in part,
a nonhazardous ash transfer/processing operation, disposal/monofill fa-
cility, or the land on which it is located.
(m) "Reclamation Project" means the use of nonhazardous ash in ac-
cordance with the requirements of the Office of Mine Reclamation of the
Department of Conservation as authorized by Public Resources Code
section 2770 et seq. Reclamation projects do not constitute disposal and
is not subj-ect to the requirements of this Article.
(n) "RWQCB" means the Regional Water Quality Control Board.
(o) "Site" means the operations area.
(p) "Treatment" means any method, technique, or process which
changes or is designed to change the physical, chemical, or biological
character or composition of nonhazardous ash. Treatment may also in-
clude the removal or reduction of harmful properties or characteristics
for any purpose including, but not limited to, material recovery or reduc-
tion in volume.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40180, 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§ 17377.0. Regulatory Tiers for Nonhazardous Ash
Operations and Facilities.
Sections 17377.1 through 17377.3 set forth the regulatory tier require-
ments (commencing with section 18100) that apply to specified types of
nonhazardous ash operations and facilities. These requirements are sum-
marized in Table 1 .
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section H 343.4(d) (Register 97, No. 39).
•
Page 738.2
Register 2002, No. 21; 5-24-2002
Title 14
California Integrated Waste Management Board
§ 17377.3
•
Table 1
NONHAZARDOUS ASH OPERATIONS AND FACILITIES
PLACEMENT INTO THE REGULATORY TIERS
Not Subject to
Article 5.8
Excluded Tier
Eiiforcement Agency
Notification
Tier
Standardized
Tier
Stockpiling as
Specified in
Section 17376(b)(2)
Transfer/Processing as
Specified in Section
17377.1
Transfer/Processing
Operations as
Specified in Section
17377.2
Disposal/Monofill
as Specified in
Section 17377.3
Daily Cover as
Specified in
Section 17376(b)(3)
Weathertight Storage
as Specified in
Section 17377.1
Uses Specified in
Section 17376(b)(5)
Land Application
as Defined in
Section 17376(e)
Manufacturing as
Defined in Section
17376(0
Reclamation
Projects as Defined
in Section 17376(m)
There are no operations or facilities placed within the Registration and Full Permit tiers within this
Article.
§ 1 7377.1 . Excluded Operations.
The solid waste handling operations and facilities listed in this section
do not constitute nonhazardous ash transfer/processing operations, or
disposal/monofill facilities for the purposes of this Article, and are not
required to meet the requirements set forth herein.
(a) Transfer/processing operations of nonhazardous ash are excluded
from the requirements of this Article when the only activity is:
(1) the transfer/processing from land owned by a single nonhazardous
ash generator source or leased by the generator, its parent, or subsidiary,
to property owned or leased by the same generator, its parent, or subsid-
iary; or,
(2) storage within a fully enclosed weathertight structure.
(b) Nothing in this section precludes the enforcement agency or the
CIWMB from inspecting an excluded operation or facility to verify that
the operation or facility is being conducted in a manner that qualifies as
an excluded operation or facility, or from taking any appropriate enforce-
ment action.
(c) Should the enforcement agency have information that a nonhazard-
ous ash operation is not excluded in accordance with this section, the bur-
den of proof shall be on the land owner or operator to demonstrate other-
wise.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
I . New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§ 1 7377.2. Nonhazardous Ash Transfer/Processing
Operations.
(a) All operators of nonhazardous ash transfer/processing operations,
except as otherwise provided in this Article, shall comply with the En-
forcement Agency Notification requirements set forth in the Cahfomia
Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (com-
mencing with section 18103).
(b) In addition to the requirements of subdivision (a), the following
statement shall be included in the enforcement agency notification and
signed by the operator: "The undersigned certify under penalty of perjury
that tjie information in this document and all attachments are true and cor-
rect to the best of my knowledge, and is being executed in accordance
with the requirements of the California Code of Regulations, Title 14, Di-
vision 7, Chapter 3, Article 5.8 (commencing with section 17375). I certi-
fy that the ash as represented in this document is nonhazardous and from
a nonhazardous feedstock as defined in section 17376(g) and is to be
managed in accordance with this notification. I am aware that there are
significant penalties for submitting false or misleading information in
this certification, including the possibility of fine or imprisonment, or
both."
(c) A new Enforcement Agency NofificaUon is required any time there
are changes to informafion required by this section.
(d) These operations may be inspected by the enforcement agency as
necessary for the protecdon of pubhc health, safety and the environment.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 39).
§ 17377.3. Nonhazardous Ash DIsposal/MonoflM Facilities.
(a) All nonhazardous ash disposal/monofill facilities, shall obtain a
Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to
the requirements of the California Code of Regulations, Title 14, Divi-
sion 7, Chapter 5.0, Article 3.0 (commencing with section 18105).
(b) The enforcement agency shall include only those terms and condi-
tions, and no others, contained in CIWMB Form 98 (new 7/96) Standard-
ized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appen-
dix A in this Division.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
Page 738.3
Register 2001, No. 20; 5-18-2001
§ 17378.0
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 39).
§ 17378.0. Applicability of State Minimum Standards for
Nonhazardous Ash Operations and Facilities.
Sections 17378.1 through 17378.3 set forth the minimum standards
that apply to all types of nonhazardous ash operations and facilities. Ap-
provals, determinations and other requirements which the enforcement
agency is authorized to make under Article 5.8 shall be provided in writ-
ing to the operator. The operator shall maintain a copy of these approvals
in addition to those records identified in section 17379.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021 . Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 39).
§ 17378.1. Siting on Landfills.
(a) Nonhazardous ash operations and facilities or portions thereof, lo-
cated atop closed solid waste landfills shall meet postclosure land use re-
quirements pursuant to Title 27 Cahfomia Code of Regulations section
21 190.
(b) Operations and facilities or portions thereof, located on intermedi-
ate cover on a solid waste landfill shall locate operations areas on founda-
tion substrate that is stabilized, either by natural or mechanical compac-
tion, to minimize differential settlement, ponding, soil liquefaction, or
failure of pads or structural foundations.
(c) Operations and facilities or portions thereof, located on intermedi-
ate cover on a solid waste landfill shall be operated in a manner that will
not interfere with the operations of the landfill or with the closure or post-
closure maintenance of the landfill.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 39).
§ 17378.2. General Design Requirements.
(a) The design of a new nonhazardous ash transfer/processing opera-
tion or disposal/monofill facility shall utilize expert advice, as appropri-
ate, from persons competent in engineering, architecture, landscape de-
sign, traffic engineering, air quality control, and design of structures.
(b) Each nonhazardous ash transfer/processing operation or nonhaz-
ardous ash disposal/monofill facility design shall be based on appropriate
data regarding the expected service area, anticipated nature and quantity
of nonhazardous ash to be received, climatological factors, physical set-
tings, adjacent land use (existing and planned), types and number of ve-
hicles anticipated to enter the operation or facility, adequate off-street
parking facilities for transfer vehicles, drainage control, the hours of op-
eration and other pertinent information. If the operation or facility is to
be used by the general public, the design shall take account of safety fea-
tures that may be needed to accommodate such public use.
(c) The operation or facility shall be designed in such a manner as to
restrict the unloading area to as small an area as practicable, provide ade-
quate control of windblown material, and minimize the creation of nui-
sances at the operation or facility. Other factors that shall be taken into
consideration are: dust control, noise control, pubhc safety, and other
pertinent matters related to the protection of pubhc health.
(d) Nonhazardous ash storage containers that are considered weather-
tight shall be durable, easily cleanable, designed for safe handling, and
constructed to prevent loss of wastes from the equipment during storage.
Such equipment shall be nonabsorbent and leak-resistant. Unloading
areas shall be easily cleanable, designed for safe handling and con-
structed to prevent loss of nonhazardous ash.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§17378.3. Operating Standards.
Each operator of a nonhazardous ash transfer/processing operation or
disposal/monofill facility shall meet the following requirements:
(a) All activities at the operation or facility shall be conducted in a
manner that minimizes nuisances, noise impacts, or other public health,
safety and environmental hazards.
(b) Unauthorized human or animal access to the operation or facility
shall be prevented.
(c) Traffic flow into, on, and out of the operation or facility shall be
controlled in a safe manner.
(d) The operator shall take adequate measures to minimize and prevent
safety hazards due to obscured visibility at the operation or facility.
(e) Drainage shall be controlled at operations and facilities to protect
the public health and safety and to prevent interference with the opera-
tion.
(f) All operations and facilities open for pubhc business shall post leg-
ible signs at all public entrances that include the following:
(1) name of operation or facility,
(2) name of the operator,
(3) hours of operation,
(4) a statement that only nonhazardous ash will be accepted, and
(5) phone number where operator or designee can be reached in case
of an emergency.
(g) The operator shall provide telephone or radio communication ca-
pability for emergency purposes.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§ 17379.0. General Record Keeping Requirements.
Each operator of a nonhazardous ash transfer/processing operation or
disposal/monofill facility shall meet the following requirements:
(a) All records required by this Article shall be kept by the operator in
one location and be accessible for five (5) years and shall be made avail-
able for inspection by authorized representatives of the CIWMB, en-
forcement agency, and other duly authorized regulatory and enforcement
agencies during normal working hours. The operator shall submit copies
of records to the enforcement agency upon request. An alternative sched-
ule of record submittal may be approved by the enforcement agency.
(b) The operator shall maintain a daily log or file of special occur-
rences encountered during operations and methods used to resolve prob-
lems arising from these events, including details of all incidents that re-
quired implementing emergency procedures. Special occurrences may
include: fires, injury and property damage, accidents, explosions, dis-
charge of hazardous or other waste not permitted, flooding and other un-
usual occurrences.
(c) The operator shall record any written public complaints received
by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person
or persons making the complaint,
(4) any actions taken to respond to the complaint.
(d) The operator shall record the date, generator source, and quantity
of nonhazardous ash accepted.
(e) The operator shall maintain records of weights or volumes handled
in a manner and form approved by the enforcement agency so as to be
sufficiently accurate for overall planning and control purposes.
(f) Transfer/processing facility operators shall record the quantity of
nonhazardous ash leaving the operations.
(g) The disposal/monofill facility operator shall also record the name
of all transfer/processing operations where the nonhazardous ash was lo-
cated prior to receipt by the operator and the dates the nonhazardous ash
was received at each of these operations and removed.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
Page 738.4
Register 2001, No. 20; 5-18-2001
Title 14
California Integrated Waste Management Board
§ 17381
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§ 17379.1. Nonhazardous Ash Operation and Facility
Restoration.
All nonhazardous ash transfer/processing operations and disposal/
iTionofill facilities shall meet the following requirements:
(a) The operator shall provide the enforcement agency written notice
of intent to perform site restoration, at least 30 days prior to beginning site
restoration.
(b) The operator(s) and owner(s) shall provide site restoration neces-
sary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration proce-
dures are performed upon completion of operation and termination of
service:
(1) the operation or disposal/monofill facility grounds, excluding the
disposal area, shall be cleaned of all nonhazardous ash, construction
scraps, and other materials related to the operation or disposal/monofill
facility, and these materials legally recycled, reused, or disposed of;
(2) all machinery shall be cleaned of nonhazardous ash prior to remov-
al from the facility;
(3) all remaining structures shall be cleaned of nonhazardous ash.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Goveniment Code
section 11 343.4(d) (Register 97, No. 39).
Article 5.9. Construction and Demolition
and Inert Debris Transfer/Processing
Regulatory Requirements
§ 17380. Authority and Scope.
(a) Article 5.9 sets forth permitting requirements, tier requirements,
and minimum operating standards for operations and facilities that re-
ceive, store, handle, transfer, or process construction and demolition
(C&D) debris and inert debris, as defined herein. C&D debris and inert
debris are specific types of solid waste that present a different potential
threat to public health and safety and the environment than typical munic-
ipal solid waste, thus, can be handled with different regulatory oversight.
This Article places operations and facilities that handle C&D debris and
inert debris into the board's tiers to provide appropriate regulatory over-
sight to protect public health and safety and the environment.
(b) This Article is not applicable to operations and facilities that are
wholly governed by regulations elsewhere in this Chapter. Operations
and facilities that receive, store, handle, transfer, or process construction
and demolition debris or inert debris that is commingled with solid waste
that does not meet the definition of C&D debris or inert debris shall be
regulated as transfer/processing operations or facilities pursuant to Ar-
ticles 6.0 through 6.35, inclusive, of this Chapter.
(c) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with section 40000 of the Public Resources Code (PRC),
as amended. These regulations should be read together with the Act.
(d) Nothing in this Article limits or restricts the power of any Federal,
State, or local agency to enforce any provision of law that it is authorized
or required to enforce or administer, nor to limit or restrict local govern-
ments from promulgating laws which are as strict as or stricter than the
regulations contained in this Article. However, no local government may
promulgate laws which are inconsistent with the provisions of this Ar-
ticle.
(e) No provision in this Article shall be construed as relieving any
owner, or operator from obtaining all required permits, licenses, or other
clearances and complying with all orders, laws, regulations, reports, or
other requirements of other regulatory or enforcement agencies, includ-
ing, but not limited to, local health agencies. Regional Water Quality
Control Boards, Department of Toxic Substances Control, air quality
management districts or air pollution control districts, local land use au-
thorities, and fire authorities.
(f) No provision of this Article is intended to affect the rights or duties
of any party to, or in any way influence the interpretation of, any fran-
chise agreement between a local goveiTiment and its franchisee, any other
agreement among any parties, or any local ordinance with respect to any
aspect of solid waste handhng, including without limitation solid waste
collection, transportation, processing, and storage, and solid waste dis-
posal.
(g) This Article does not apply to persons who generate C&D debris
or inert debris in the course of carrying out construction, remodeling, re-
pair, demolition or deconstruction of buildings, roads and other struc-
tures (collectively, '"construction work") at the site of the construction
work or to persons who own the land, buildings and other structures that
are the object of the constaiction work, provided that such persons do not
accept at the site any C&D debris or inert debris that is generated at any
other location, unless it will be used in the construction work, and pro-
vided further that such persons do not allow C&D debris or inert debris,
other than C&D debris or inert debris that is used in the construction
work, to remain on the site of the construction work after the construction
work is completed. For example, public works agencies constructing
roads and bridges, road repair, airport runway construction, bridge and
roadway work, levee work, flood control work, or landslide debris clean-
up, and public or private contractors demoHshing or constructing build-
ings are not subject to these regulations during the course of the construc-
tion work.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New article 5.9 (sections 17380-17386) and section filed 7-10-2003; operative
8-9-2003 (Register 2003, No. 28).
§17380.1. Purpose.
(a) It is the board's intent in adopting this Article to encourage the re-
cycling and reuse of C&D debris and inert debris that may otherwise be
disposed in a solid waste disposal facility.
(b) These regulations are intended to provide a sufficient level of in-
formation and oversight to ensure that the receipt, storage, handling,
transfer, and processing of C&D debris and inert debris will be conducted
in a manner which meets the purposes of the Act while protecting public
health, safety and the environment.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020, and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17381. Definitions.
For the purposes of this Article, the following definitions shall apply.
Additional definitions and related provisions that apply to this Article are
found at Cahfomia Code of Regulations (CCR), Title 14, Division 7,
Chapter 3.0, Article 6.0, sections 17402 and 17402.5, and Article 4, sec-
tion 1 7225 et seq.
(a) "Active Compost" as set forth in CCR, Title 14, Division 7, Chap-
ter 3.1, Article 1, section 17852.
(b) "C&D" means Construction and Demolition debris.
(c) "CDI" means any combination of Construction and Demolition de-
bris and Inert debris.
(d) "Compostable Material" means any organic material that when ac-
cumulated may become active compost.
(e) "Construction and Demolition Debris", or "C&D Debris" " is solid
waste that is a portion of the waste stream defined as "construction and
demolition wastes," as defined in Section 17225.15 of Article 4 of this
Chapter, and means source separated or separated for reuse solid waste
and recyclable materials, including comnungled and separated materials,
that result from construction work, that are not hazardous, as defined in
CCR, Title 22, section 66261.3 et seq., and that contain no more than 1%
Page 738.5
Register 2003, No. 28; 7-11-2003
§ 17381
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
putrescible wastes by volume calculated on a monthly basis and the pii-
trescible wastes do not constitute a nuisance, as determined by the EA.
(1) C&D debris includes only the following items which meet the
above criteria:
(A) components of the building or structure that is the subject of the
construction work including, but not limited to, lumber and wood, gyp-
sum wallboard, glass, metal, roofing material, tile, carpeting and floor
coverings, window coverings, plastic pipe, concrete, fully cured asphalt,
heating, ventilating, and air conditioning systems and their components,
lighting fixtures, appliances, equipment, furnishings, and fixtures;
(B) tools and building materials consumed or partially consumed in
the course of the construction work including material generated at
construction trailers, such as blueprints, plans, and other similar wastes;
(C) cardboard and other packaging materials derived from materials
installed in or applied to the building or structure or from tools and equip-
ment used in the course of the construction work; and
(D) plant materials resulting from construction work when com-
mingled with dirt, rock, inert debris or C&D debris.
(2) C&D debris expressly excludes, commingled office recyclables
and, except as provided in subdivision 17381 (e) above, commingled
commercial solid waste and commingled industrial solid waste as they
are defined in Title 27, CCR section 20164.
(3) Notwithstanding anything to the contrary in this Article, C&D de-
bris includes material, whether or not from construction work, that is gen-
erally similar to C&D debris and that is separated for reuse, that is not
hazardous, that contains no putrescible wastes and that can be processed
without generating any residual, provided that the material is generated
by an activity that is similar to, or is directly or indirectly related to,
constaiction work, including without limitation: manufacturing materi-
als for use in construction work, such as wood products, clay or ceramic
products, plumbing systems, electrical equipment, metal work and
HVAC systems.
(f) "Construction and Demolition Wood Mulch" or "C&D Mulch"
means source separated wood waste that is not compostable material
(C&D mulch feedstock), including that portion of C&D debris that is
lumber or wood, which has been mechanically reduced in size. C&D
mulch feedstock does not include food material, animal material, bioso-
lids, mixed solid waste, chromated copper arsenate (CCA) pressure
treated wood, wood containing lead-based paint, or mixed C&D debris.
(g) "Construction Work" means construction, remodeling, repair, de-
molition or deconstaxction of buildings, other structures, roads, parking
lots, and similar paved or covered surfaces.
(h) "Emergency Construction and Demolition/Inert Debris Processing
Operation" means a site that is established due to a proclamation of a state
of emergency or local emergency as provided in CCR, Title 14, Division
7, Chapter 3.0, Article 3, sections 17210.1(j) and (k),
(i) "Fully Cured Asphalt" means that the material must be at ambient
temperature, be substantially hardened and be inelastic.
(j) "Handling" means the receipt, collection, transportation, storage,
transfer, or processing of solid waste and recyclable materials.
(k) "Inert Debris" means solid waste and recyclable materials that are
source separated or separated for reuse, do not contain hazardous waste
(as defined in CCR, Title 22, section 66261 .3 et. seq.) or soluble pollut-
ants at concentrations in excess of applicable water quality objectives
and do not contain significant quantities of decomposable waste. Inert
debris may not contain more than 1% putrescible wastes by volume cal-
culated on a monthly basis and the putrescible wastes shall not constitute
a nuisance, as determined by the EA. Gravel, rock, soil, sand and similar
materials, whether processed or not, that have never been used in connec-
tion with any structure, development, or other human purpose are not in-
ert debris and may be commingled with inert debris.
(I) "Type A inert debris" includes but is not limited to concrete (in-
cluding fiberglass or steel reinforcing bar embedded in the concrete), ful-
ly cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles,
brick, slag, ceramics, plaster, clay and clay products. Type A inert debris
is waste that does not contain soluble pollutants at concentrations in ex-
cess of water quality objectives and has not been treated in order to re-
duce such pollutants. The board, upon consultation with the State Water
Resources Control Board, will determine on a case by case basis whether
materials not listed in this subdivision qualify as Type A inert debris.
(2) "Type B inert debris" is solid waste that is specifically determined
to be inert by the applicable RWQCB, such as treated industrial wastes
and de-watered bentonite-based drilling mud, but excluding Type A in-
ert debris.
(/) "Inert Debris Engineered Fill Operation" means a disposal activity
exceeding one year in duration in which fully cured asphalt, uncontami-
nated concrete (including steel reinforcing rods embedded in the con-
crete), brick, ceramics, clay and clay products, which may be mixed with
rock and soil, are spread on land in lifts and compacted under controlled
conditions to achieve a uniform and dense mass which is capable of sup-
porting structural loading as necessary, and having other characteristics
appropriate for an end use approved by all governmental agencies having
jurisdiction (e.g., roads, building sites, or other improvements) where an
engineered fill is required to facilitate productive use of the land. The en-
gineered fill shall be constructed and compacted in accordance with all
applicable laws and ordinances and shall be certified by a Civil Engineer,
Certified Engineering Geologist, or similar professional licensed by the
State of California.
(m) "Inert Debris Processing Facihty" means a site that receives 1500
tons or more per operating day of any combination of Type A and Type
B inert debris, or any amount of Type B inert debris, for storage, han-
dling, transfer, or processing.
(n) "Inert Debris Type A Disposal Facility" means a site where only
Type A inert debris is disposed to land. Inert debris Type A disposal faci-
lities do not include inert debris engineered fill operations.
(o) "Inert Debris Type A Processing Operation " means a site that re-
ceives less than 1500 tons per operating day of only Type A inert debris
for storage, handling, transfer, or processing.
(p) "Large Volume C&D Wood Debris Chipping and Grinding Facil-
ity" means a site that receives 500 tons per operating day or more of C&D
mulch feedstock for purposes of processing it into C&D mulch.
(q) "Large Volume Construction and Demolition/Inert (CDI) Debris
Processing Facility" means a site that receives 175 tons or more of any
combination of C&D debris and Type A inert debris per operating day
for the purposes of storage, handling, transfer, or processing.
(r) "Material Production Facility" means a facility that primarily han-
dles raw materials to produce a new product that is a rock product opera-
tion (i.e., an "aggregate" operation), a hot mix asphalt plant, or a con-
crete, concrete product or a Portland cement product manufacturing
facility.
(s) "Medium Volume C&D Wood Debris Chipping and Grinding Fa-
cility" means a site that receives at least 200 tons per operating day and
less than 500 tons per operating day of C&D mulch feedstock for pur-
poses of processing it into C&D mulch.
(t) "Medium Volume Construction and Demolition/Inert (CDI) Debris
Processing Facility" means a site that receives at least 25 tons per operat-
ing day and less than 175 tons per operating day of any combination of
C&D debris and Type A inert debris for the purposes of storage, han-
dling, transfer, or processing.
(u) "Physical Contaminants" means human-made inert products con-
tained within feedstocks, including, but not limited to, glass, metal, and
plastic.
(v) "Processing" means controlled separation, recovery, volume re-
duction, or recycling of solid waste including, but not limited to, orga-
nized, manual, automated, or mechanical sorting; chipping, grinding,
shredding or baUng; the use of vehicles for spreading of waste for the pur-
pose of recovery; and the use of conveyor belts, sorting lines or volume
reduction equipment.
(w) "Putrescible Wastes" means solid wastes that are capable of being
decomposed by micro-organisms with sufficient rapidity as to cause nui-
sances because of odors, vectors, gases or other offensive conditions, and
include materials such as, but not limited to food wastes, offal and dead
Page 738.6
Register 2003, No. 28; 7-11-2003
Title 14
California Integrated Waste Management Board
§ 17381.1
animals. The EA shall determine on a case-by-case basis whether or not
a site is handling putrescible wastes.
(x) "Residual" means the solid waste destined for disposal, further
transfer/processing as defined in section 17402(a)(30) or (31) of Article
6.0, or transformation which remains after processing has taken place
and is calculated in percent as the weight of residual divided by the total
incoming weight of materials. Notwithstanding, for purposes of this Ar-
ticle, "residual" excludes any inert debris that is destined for or disposed
in an inert debris engineered fill operation. Further notwithstanding, for
purposes of this Article, "further transfer/processing" does not include
processing that occurs at a CDl recycling center or an inert debris recycl-
ing center, as described in Section 17381.1(a) of this Article, or at a re-
cycling center as defined at Section 17402.5(d) of Article 6.0 of this
Chapter.
(y) "Separated for Reuse" means materials, including commingled re-
cyclables, that have been separated or kept separate from the solid waste
stream for the purpose of additional sorting or processing those materials
for recycling or reuse in order to return them to the economic mainstream
in the form of raw material for new, reused, or reconstituted products
which meet the quality standards necessary to be used in the marketplace,
and includes materials that have been "source separated".
(z) "Site" means the area where the handling of solid waste and/or re-
cyclable materials occurs at a recycling center, CDI debris processing op-
eration or facility, inert debris processing operation or facility, or C&D
wood debris chipping and grinding operation or facility.
(aa) "Site Restoration" means removing unprocessed or processed sol-
id waste and recyclable material from the site to allow reuse of the proper-
ty-
(bb) "Small Volume C&D Wood Debris Chipping and Grinding Op-
eration" means a site that receives less than 200 tons per operating day
of C&D mulch feedstock for purposes of processing it into C&D mulch.
(cc) "Small Volume Construction and Demolition/Inert (CDl) Debris
Processing Operation" means a site that receives less than 25 tons of any
combination of C&D debris and Type A inert debris per operating day
for the purposes of storage, handling, transfer, or processing.
(dd) "Source Separated" means materials, including commingled re-
cyclables, that have been separated or kept separate from the solid waste
stream, at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards neces-
sary to be used in the marketplace.
(ee) "Storage" means the holding or stockpiling of processed or unpro-
cessed C&D debris, C&D mulch, inert debris or recyclable materials for
a temporary period, at the end of which the material either is recycled or
is transferred elsewhere. Storage of C&D debris, C&D mulch, inert de-
bris or recyclable materials for periods exceeding the limits set in this Ar-
ticle is deemed to be disposal and shall be regulated as set forth in the
Consolidated Regulations for Treatment, Storage, Processing or Dispos-
al of Solid Waste (commencing at CCR, Title 27, Division 1 , Subdivision
1, Chapter 1, Article 1, section 20005).
(ff) "Vector" includes any insect or other arthropod, rodent, or other
animal capable of transmitting the causative agents of human disease.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 1 7381 .1 . Activities That Are Not Subject to the
Construction and Demolition/Inert Debris
Regulatory Requirements.
(a) A site that receives only construction and demolition debris and in-
ert debris (CDl) and which meets the requirements of this section shall
be classified as a CDl recycling center. A site that receives only inert de-
bris and which meets the requirements of this section shall be classified
as an inert debris recycling center. CDI recycling centers and inert debris
recycling centers shall not be subject to any other requirements of this Ar-
ticle except as specified in this section.
( 1) The CDI debris that a CDI recycling center receives shall have been
separated at the point of generation.
(A) For the purposes of this section, "separated at the point of genera-
tion" means that the material has been separated from the solid waste
stream by the generator of that material or by a processor prior to receipt
at a CDI recycling center and has not been commingled with other solid
waste or recyclable materials. For example, each material type must be
transferred in separate containers to the recycling center. Notwithstand-
ing, cardboard, lumber and metal may be commingled in a single con-
tainer.
(2) An inert debris recycling center shall receive only Type A inert de-
bris that is source separated or separated for reuse. The inert debris may
be commingled in a single container.
(b) CDI recycling centers and inert debris recycling centers shall meet
the following requirements:
(1 ) Tlie residual shall be less than 10% by weight of the amount of de-
bris received at the site, calculated on a monthly basis. Recycling center
operators may report their residual percentage to the EA and the board
on Form CIWMB 607 (see Appendix A).
(2) The amount of putrescible wastes in the CDI debris received at the
site shall be less than ] % by volume of the amount of debris received at
the site, calculated on a monthly basis, and the putrescible wastes shall
not constitute a nuisance, as determined by the EA.
(c) Chipping and grinding of any material, or the receipt of chipped
and ground material, is prohibited at CDI recychng centers.
(d) The following storage time limits apply to CDI recycling centers:
(1 ) CDl debris stored for more than 30 days that has not been processed
and sorted for resale or reuse shall be deemed to have been unlawfully
disposed and therefore subject to enforcement action, including the use
of a Notice and Order as provided in section 18304.
(2) CDI debris that has been processed and sorted for resale or reuse,
but remains stored on site for more than one year, shall be deemed to have
been unlawfully disposed and therefore subject to enforcement action,
including the use of a Notice and Order as provided in section 18304.
(3) Storage time limits do not apply to CDI recycling centers where a
financial assurance mechanism pursuant to section 17384(c) has been
approved by the board.
(4) At the EA's discretion, storage time limits for sorted and processed
materials may be extended to the time specified in a land use entitlement
for the site that has an express time limit for the storage of materials.
(5) CDI recycling center storage time limits may be extended for a spe-
cified period, if the operator submits to the EA a storage plan as described
in section 17384(b) and if the EA finds, on the basis of substantial evi-
dence, that the additional time does not increase the potential harm to
public health, safety and the environment. The EA may consult with oth-
er pubUc agencies in making this determination. The extended storage
term, any apphcable conditions the EA imposes and the EA's findings
shall be in writing.
(e) The following storage limits apply to inert debris recycling centers:
(1) Inert debris stored for more than 6 months that has not been pro-
cessed and sorted for resale or reuse shall be deemed to have been unlaw-
fully disposed and therefore subject to enforcement action, including the
use of a Notice and Order as provided in section 1 8304.
(2) Inert debris that has been processed and sorted for resale, or reuse,
but remains stored on site for more than 18 months, shall be deemed to
have been unlawfully disposed and therefore subject to enforcement ac-
tion, including the use of a Notice and Order as provided in section
18304.
(3) Storage time limits do not apply to Type A inert debris recycling
centers which are located at an inert debris engineered fill operation, an
inert debris Type A disposal facility, or at a material production facility.
(4) Storage time limits do not apply to Type A inert debris recycling
centers where a financial assurance mechanism pursuant to section
17384(c) has been approved by the board.
Page 738.7
Register 2(X)3, No. 28; 7-11-2003
§ 17381.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(5) At the EA's discretion, storage limits for sorted and processed ma-
terials may be extended to the time specified in a land use entitlement for
the site that has an express time limit for the storage of materials.
(6) Inert debris recycling center storage limits may be extended for a
specified period, if the operator submits to the EA a storage plan as de-
scribed in section 1 7384(b) and if the EA finds, on the basis of substantial
evidence, that the additional time does not increase the potential harm to
public health, safety and the environment. The EA may consult with oth-
er public agencies in making this determination. The extended storage
term, any applicable conditions the EA imposes and the EA's findings
shall be in writing.
(f) Nothing in this section precludes the EA or the board from inspect-
ing a site to verify that it is and has been operating in a manner that meets
the requirements of this section, or from taking any appropriate enforce-
ment action, including the use of a Notice and Order as provided in sec-
tion 18304.
(g) In evaluating whether or not a particular site is in compliance with
this section, the EA shall, among other things, do the following:
(1) If the EA has reason to believe that each load of debris received at
a recycling center is not separated at the point of generation, is not source
separated or is not separated for reuse, as applicable, or that the residual
exceeds 10% of the total debris received per month, or that the amount
of putrescible wastes exceeds 1% by volume of the total debris received
per month, or material is being stored in excess of the applicable storage
limits, or that the site is not in compliance with any other requirement in
this section, the EA may require the owner or operator to provide evi-
dence that the recycling center is in compliance. The burden of proof
shall be on the owner and operator of the recycling center to demonstrate
it is in compliance.
(2) At the time that the EA requires a recycling center to provide evi-
dence that it is in compliance with this section, the EA shall provide the
owner and operator of the recycling center a written description of the in-
formation that has caused the EA to believe that the recycling center is
not in compliance. Notwithstanding, the EA shall not be required to iden-
tify the name or other identifying information regarding any person(s)
who has complained about the recycling center.
(h) Sites which do not meet the applicable requirements of this section
do not qualify as recycling centers and shall comply with this Article and
all laws and regulations applicable to them. The burden of proof shall be
on the owner and operator of a site to demonstrate that the activities at the
site are not subject to the requirements of this Article.
Note. Authority cited: Section 40502, 43020 and 43021 , Public Resources Code.
Reference: 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 1 7381 .2. Regulatory Tiers Placement for CD! Debris and
Inert Debris Processing Operations and
Facilities.
Construction & Demolition and Inert Debris Tier Placement
Excluded
Full Solid
Not Subject To
Operations Tier
EA Notification
Registration
Waste Facility
Article 5.9
Section 17382
Tier
Tier
Permit
• CDI Recycling
• Containers used
• Small Volume CD!
• Medium
• Large Volume
Centers Section
to store C&D
debris processing
Volume CDI
CDI debris
17381.1
debris at the
operations (less
debris
processing
place of
than 25 tons per
processing
facilities (175
P
• Alternative Daily Cover
generation
day — Section
facilities (25
tons per day or
R
at solid waste disposal
17383.4
tons per day
more) — Section
0
facilities per 27 CCR
• 15 cubic yards
to up to less
17383.5
C
20680
or less of
• Small Volume
than 175 tons
E
separated for
C&D Wood Debris
per day)
• Inert Debris
S
• Wood waste facilities
reuse debris
Chipping and
Section 17383.3
Processing
S
pursuant to PRC
Grinding
Facility (1500
1
40195.1(b)
• Specified
Operations (less
• Medium
tons per day or
N
chipping and
than 200 tons per
Volume C&D
more) of any
G
• Inert Debris Recycling
grinding
day) — Section
Wood Debris
combination of
Centers Section 17381.1
activities
17383.3
Chipping and
Type A and
A
Grinding
Type B inert
C
• See Section 17402.5
• Specified
• Emergency CDI
Facilities (200
debris or any
T
for other Activities Not
Grading
processing
to <500 tons
amount of Type
I
Subject to the
Activities
operations —
per day) —
B inert debris
V
Regulations
Section 17383.8
Section
Section
I
17383.3
17383.7
T
• Road building and
• Inert debris Type
I
specified public works
A only processing
Large Volume
E
activities Section
operations (less
C&D Wood
S
17380(g)
than 1500 tons
per day) Section
17383.6
Debris Chipping
and Grinding
Facilities (500
tons per day or
more) — Section
17383.3
NOTE: THERE ARE NO FACILITIES PLACED WITHIN THE STANDARDIZED TIER
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17382. Excluded Activities.
(a) The following activities do not constitute CDI debris processing,
inert debris processing, or chipping and grinding operations or facilities
for the purposes of this Ardcle and are not required to meet the require-
ments set forth herein:
(1) Containers used to store C&D debris or inert debris at the place of
generation.
(2) Locations where 15 cubic yards or less per day of separated for re-
use material is handled.
(3) Grading or clearing of land that is consistent with local ordinances.
(4) Chipping and grinding of lumber or other wood material which
meet any of the following criteria;
(A) The chipping and grinding activity handles materials derived from
and applied to lands owned or leased by the same person, including a par-
ent or subsidiary of a corporate owner; or
(B) Handling any combination of green material, additives, amend-
ments, compost, or chipped and ground material that does not exceed
SOOcubic yards on-site at any one time; or
(C) The activity is located at the site of biomass conversion as defined
in PRC section 40106 and is for use in biomass conversion at that site;
Page 738.8
Register 2003, No. 28; 7-11-2003
Title 14
California Integrated Waste Management Board
§ 17383.3
•
(D) The activity is part of a silvicultural operation or a wood, paper,
or wood product manufacturing operation; or
(E) The storage of bagged chipped and ground material.
(b) Nothing in this section precludes the EA or the board from inspect-
ing an excluded activity to verify that the activity is being conducted in
a manner that qualifies as an excluded activity, or from taking any ap-
propriate enforcement action, including the use of a Notice and Order.
The burden of proof shall be on the owner and operator to demonstrate
that the activities are excluded pursuant to this section.
NOTE: Authority cited: 40502, 43020 and 43021 , Public Resources Code. Refer-
ence: 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17383. State Minimum Standards.
(a) This section sets forth minimum standards that apply to CDI debris
processing, inert debris processing and C&D wood debris chipping and
grinding operations and facilities.
(b) AIJ small, medium and large CDI debris processing operations and
facilities, inert debris processing operations and facihties and small, me-
dium and large C&D wood debris chipping and grinding operations and
facilities shall meet the State Minimum Standards requirements of CCR,
Title 14, Division 7, Chapter 3.0, Article 6.2 and sections 17406.1,
17406.2 of Article 6.1 and 17414 of Article 6.3.
(c) In addition, medium and large CDI debris processing facilities, in-
ert debris processing facilities and medium and large volume C&D wood
debris chipping and grinding facilities shall meet the State Minimum
Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Ar-
ticle 6.35.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020, 43021, 43200 and 43209, Public Re-
sources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 1 7383.1 . Multiple Wood Debris Chipping and Grinding
Activities.
All operations and facilities that receive lumber or wood material and
mechanically reduce the material in size are subject to regulation under
either Chapter 3 (Minimum Standards for Solid Waste Handling and Dis-
posal) or Chapter 3.1 (Composting Operations Regulatory Require-
ments) and shall be further regulated as follows: If multiple waste
streams, such as C&D wood debris and compostable green material, are
handled at one location or site as determined by the EA, the site shall be
deemed a single site and shall comply with the permitting requirements
of Chapter 3, Article 5.9, Article 6.0 or Chapter 3.1 as determined by the
EA. All material handled at the site shall count toward determining the
appropriate regulatory tier for the operation or facility. Notwithstanding
the above, each separate activity will be required to meet the State Mini-
mum Standards appUcable to the specific waste stream being handled.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Section 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17383.2. Activities at Solid Waste Facilities.
(a) C&D wood debris chipping and grinding operations and facilities
and CDI debris and inert debris processing operations and facilities are
not required to obtain a separate permit or meet the notification require-
ments of this Article if the activity is occurring at a facility that has a full
solid waste facilities permit and the permit authorizes the activity either
through a specific condition in the permit or as a described and approved
activity in a Report of Facility Information.
(b) Notwithstanding, C&D wood debris chipping and grinding activi-
ties when located at a solid waste facility which has a full solid waste faci-
lities permit shall satisfy the requirements of sections 17383 and 17383.3
(b) through (k) except if material is used on site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17383.3. C&D Wood Debris Chipping and Grinding
Operations and Facilities.
(a) C&D wood debris chipping and grinding operations and facilities
conduct chipping and grinding activities to produce C&D mulch. Autho-
rized chipping and grinding activities do not produce active compost, but
mechanically reduce the size of lumber and other wood material to pro-
duce C&D mulch. The C&D wood debris chipping and grinding opera-
tion or facility shall satisfy the appropriate tier requirements. A small vol-
ume C&D wood debris chipping and grinding operation shall comply
with the EA Notification requirements set forth in CCR, Title 14, Divi-
sion 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A
medium volume C&D wood debris chipping and grinding operation shall
comply with the Registration Permit tier requirements set forth in CCR,
Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section
18100 et seq. A large volume C&D wood debris chipping and grinding
facility shall comply with the Full Permit tier requirements set forth in
CCR, Title 27, Division 2, Subdivision 1, Chapter 4, commencing with
section 21 563. To the greatest extent possible, all inspections shall be un-
announced and shall be conducted at irregular intervals. Except as other-
wise specified in this section, small volume C&D wood debris chipping
and grinding activities shall comply with all requirements applicable to
small volume CDI debris processing operations, medium volume C&D
wood debris chipping and grinding facilities shall comply with all re-
quirements applicable to medium volume CDI processing facilities, and
large volume C&D wood debris chipping and grinding facilities shall
comply with all requirements applicable to large volume CDI debris pro-
cessing facilities.
(b) All of the following requirements for the storage and stockpiling
of C&D mulch feedstock, material being processed and finished C&D
mulch apply:
(1) Unprocessed feedstock may be stored on site prior to processing
up to 30 days. Unprocessed feedstock stored for more than 30 days shall
be deemed to have been unlawfully disposed, and therefore subject to en-
forcement action including the use of a Notice and Order as provided in
section 18304.
(2) C&D mulch shall be removed from the site within 90 days from
processing. C&D mulch stored for more than 90 days shall be deemed to
have been unlawfully disposed, and therefore subject to enforcement ac-
tion including the use of a Notice and Order as provided in section 1 8304.
(3) If the temperature of the unprocessed feedstock or C&D mulch
reaches 50 degrees Celsius (122 degrees Fahrenheit), then the site shall
be regulated as a compostable material handling operation or facility, as
set forth in Chapter 3.1 commencing with Article 1, section 17850.
(4) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maximum amount of incoming material permitted
per day.
(5) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(c) All the following requirements for the inspection of C&D mulch
feedstock apply:
(1) The feedstock shall undergo load checking to ensure that physical
contaminants in the feedstock are reduced to no greater than 1% of total
feedstock, by weight. Load checking shall include both visual observa-
tion of incoming loads of feedstock and load sorting to quantify the per-
centage of contaminating materials.
(2) A minimum of 1% of daily incoming feedstock volume or at least
one truckload per day, whichever is greater, shall be inspected visually.
If a visual load check indicates a contamination level is potentially great-
er than 1 %, a representative sample shall be taken, physical contaminants
shall be collected and weighed, and the percentage of physical contami-
Page 738.9
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§ 17383.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
nants determined. The load shall be rejected if physical contaminants are
greater than 1 % of total weight.
(3) Upon request of the EA, the operator shall take a representative
sample of feedstock, shall collect and weigh physical contaminants, and
shall calculate the percentage of physical contaminants in the sample.
(4) The operator shall take adequate measures through signage, train-
ing, load checking, detection systems, and/or chemical analysis to avoid
incorporating any chromated copper arsenate (CCA) pressure treated
wood and lead based painted materials into C&D mulch. Such contami-
nated feedstock shall be stored in a designated area for proper handling
and disposition.
(5) The operator's employees shall be adequately trained to perform
the activities specified in this section.
(d) Operations and facilities producing C&D mulch shall maintain all
records demonstrating compliance with this section.
(e) All C&D wood debris chipping and grinding activities shall mini-
mize odor impacts.
(f) The operator shall provide fire prevention, protection and control
measures, including, but not limited to, temperature monitoring of wind-
rows and piles, adequate water supply for fire suppression, and the isola-
tion of potential ignition sources from combustible materials. Fire lanes
shall be provided to allow fire control equipment access to all operation
areas. These requirements are in addition to the requirement for a Fire
Prevention, Control and Mitigation Plan described in sections
17386(a)(19), 18223(a)(19) and 18223.5(a)(20),
(g) If C&D debris other than C&D wood debris is accepted at the site,
the site shall be regulated as a CDI processing operation or facility under
this Article or under in the Transfer/Processing Regulatory requirements
(commencing at section 17400), as appropriate.
(h) Should the EA have reason to believe that a C&D wood debris
chipping and grinding material handler is engaging in other activities that
constitute or are deemed to be disposal, the burden of proof shall be on
the owner and operator of the site to demonstrate otherwise.
(i) Each operator of a small volume C&D wood debris chipping and
grinding operation shall file with the EA, together with its application for
an EA Notification, an Operation Plan (as more fully described in section
17386 of this Article). Each operator of a medium volume C&D wood
debris chipping and grinding facility shall file with the EA, together with
its application for a Registration Permit, a Facility Plan (as more fully de-
scribed in Article 3.2, section 18223 of this Chapter). Each operator of
a large volume C&D wood debris chipping and grinding facility shall file
with the EA, together with its application for a Full Permit, a Facility Re-
port (as more fully described in Article 3.2, section 1 8223.5 of this Chap-
ter). The information contained in the Plan or Report shall be reviewed
by the EA to determine whether it is complete and correct as defined in
CCR, Title 14, Chapter 5, Article 3.0, section 18101.
(j) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(k) Each operator shall determine the weight of all material received
at the operation or facility for handling and shall maintain records of the
weight of materials in accord with State Minimum Standards. Weight
shall be determined by the use of scales which may be located at the op-
eration or facility or off-site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (a) filed 6-29-2004 pur-
suant to section 100, title 1, California Code of Regulations (Register 2004, No.
27).
§ 17383.4. Small Volume Construction and
Demolition/Inert Debris Processing Operations.
All small volume CDI debris processing operations shall comply with
the EA Notification requirements set forth in CCR, Title 14, Division 7,
Chapter 5.0, Article 3.0, commencing at section 18100. These operations
shall be inspected quarteriy by the EA to verify compliance with mini-
mum standards. To the greatest extent possible, all inspections shall be
unannounced and shall be conducted at irregular intervals. The operator
shall specify the operation's boundary area in the operating record.
(a) CDI debris stored for more than 1 5 days that has not been processed
and sorted for resale or reuse shall be deemed to have been unlawfully
disposed and therefore subject to enforcement action, including the use
of a Notice and Order as provided in section 1 8304.
(b) CDI debris that has been processed and sorted for resale or reuse,
but remains stored on site for more than one year, shall be deemed to have
been unlawfully disposed, and therefore subject to enforcement action
including the use of a Notice and Order as provided in section 18304.
(c) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maximum amount of incoming material permitted
per day.
(d) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours
or at an alternate frequency approved by the EA.
(f) Each operator of a Small Volume CDI Processing Operation shall
file with the EA, together with its application for an EA Notification, a
Small Volume CDI Processing Operation Plan (as more fully described
in Article 3.2, section 17386 of this Article). The information contained
in the Plan shall be reviewed by the EA to determine whether it is com-
plete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, sec-
tion 18101.
(g) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(h) C&D Mulch that is not compostable material produced at a small
volume CDI processing operation must meet all requirements of a small
volume C&D wood debris chipping and grinding operation, including
the storage limits.
(i) Each operator shall determine the weight of all material received at
the operation for handling and shall maintain records of the weight of ma-
terials in accord with State Minimum Standards. Weight shall be deter-
mined by the use of scales which may be located at the operation or off-
site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17383.5. Medium Volume Construction and
Demolition/Inert Debris Processing Facilities.
All medium volume CDI debris processing facilities subject to this Ar-
ticle shall comply with the Registration Permit tier requirements set forth
in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at
section 18100 et seq..
(a) The amount of residual in the C&D debris and type A inert debris
shall be less than 40 % of the amount of such material received by weight.
The residual amount is calculated on a monthly basis. FaciUties which do
not meet the 40 % residual requirement of this subsection shall obtain a
Full Permit and shall comply with the requirements apphcable to a Large
Volume CDI Debris Processing Facility. If the EA determines that a Me-
dium Volume CDI Debris Processing Facility has exhibited a pattern and
practice of faihng to comply with the provisions of this subsection, the
EA shall take appropriate enforcement action.
(b) CDI debris stored for more than 15 days that has not been processed
and sorted for resale or reuse shall be deemed to have been unlawfully
disposed, and therefore subject to enforcement action including the use
of a Notice and Order as provided in section 18304.
(c) CDI debris that has been processed and sorted for resale or reuse,
but remains stored on site for more than one year, shall be deemed to have
•
•
Page 738.10
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Title 14
California Integrated Waste Management Board
§ 17383.7
been unlawfully disposed, and therefore subject to enforcement action
including the use of a Notice and Order as provided in section 18304.
(d) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maximum amount of incoming material permitted
per day.
(e) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement). 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(f) Residual material shall be removed from the site within 48 hours
or at an alternate frequency approved by the EA.
(g) Each operator of a medium volume CDl processing facility shall
file with the EA, together with its application for a Registration Permit,
a CD] Processing Facility Plan (as more fully described in Article 3.2,
section 18223 of this Chapter). The information contained in the Plan
shall be reviewed by the EA to determine whether it is complete and cor-
rect as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101.
(h) Medium volume CDI debris processing facilities shall be inspected
monthly by the EA in accordance with PRC section 43218. To the great-
est extent possible, all inspections shall be unannounced and shall be con-
ducted at irregular intervals.
(i) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(j) C&D Mulch that is not compostable material produced at a medium
volume CDI processing operation must meet all requirements of a me-
dium volume chipping and grinding operation, including the storage lim-
its.
(k) If a medium volume CDI processing facility exceeds any combina-
tion of the following limitations, which are more fully described in this
Section 17383.5, three (3) or more times within any two (2) year period
which the EA determines constitutes a violation of this Article, the facil-
ity no longer qualifies for a Registration Permit under this section. Upon
the third such violation, the EA shall notify the operator in writing that
the facility no longer qualifies for a Registration Permit, and the operator
must within 30 days apply for a Full Permit as if it were a large volume
CDI processing facility pursuant to Section 17383.6. In addition, the EA
shall issue a cease and desist order pursuant to Section 18304 directing,
among other things, that the operator immediately cease accepting mate-
rial at the site until the operator has demonstrated to the EA that it has cor-
rected the violation and eliminated the cause of the violation. The limita-
tions to which this subdivision applies are:
1. Maximum amount of residual specified in Subsection 17383.5(a).
2. Maximum tonnage received per day as specified in Subsection
17381(t)
3. Maximum amount of material on site as specified 17383.5(d).
(/) Each operator shall determine the weight of all material received at
the facility for handling and shall maintain records of the weight of mate-
rials in accord with State Minimum Standards. Weight shall be deter-
mined by the use of scales which may be located at the facility or off-site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17383.6. Large Volume Construction and
Demolition/inert Debris Processing Facilities.
All large volume CDI debris processing facilities subject to this Ar-
ticle shall comply with the Full Permit tier requirements set forth in Title
27, CCR, Division 2, Subdivision 1 , Chapter 4, commencing with section
21450.
(a) CDI debris stored for more than 1 5 days that has not been processed
iind sorted for resale or reuse shall be deemed to have been unlawfully
disposed, and therefore subject to enforcement action including the use
of a Notice and Order as provided in section 18304.
(b) CDI debris that has been processed and sorted for resale, or reuse,
but remains stored on site for more than one year, shall be deemed to have
been unlawfully disposed, and therefore subject to enforcement action
including the use of a Notice and Order as provided in section 18304.
(c) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maximum amount of incoming material permitted
per day.
(d) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours
or at an alternate frequency approved by the EA.
(f) Each operator of a large volume CDI processing facility shall file
with the EA, together with its application for a Full Permit, a Large Vol-
ume CDI Processing Facility Report (as more fully described in Article
3.2, section 18223.5 of this Chapter). The information contained in the
Report shall be reviewed by the EA to determine whether it is complete
and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section
18101.
(g) Large volume CDI debris processing facilities shall be inspected
monthly by the EA in accordance with PRC section 4321 8. To the great-
est extent possible, all inspections shall be unannounced and shall be con-
ducted at irregular intervals.
(h) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(i) C&D Mulch that is not compostable material produced at a large
volume CDI processing operation must meet all requirements of a large
volume C&D wood debris chipping and grinding operation, including
the storage limits.
(j) Each operator shall determine the weight of all material received at
the facility for handling and shall maintain records of the weight of mate-
rials in accord with State Minimum Standards. Weight shall be deter-
mined by the use of scales which may be located at the facility or off-site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Editorial coiTection inserting inadvertently omitted History I (Register 2003,
No. 29).
§ 17383.7. Inert Debris Type A Processing Operations.
All inert debris Type A processing operations subject to this Article
shall comply with the EA Notification requirements set forth in CCR,
Title 14, Division 7, Chapter 5.0, Article 3.0 and commencing with sec-
tion 18100.
(a) Inert debris stored for more than 6 months that has not been pro-
cessed and sorted for resale or reuse shall be deemed to have been unlaw-
fully disposed, and therefore subject to enforcement action including the
use of a Notice and Order as provided in section 18304.
(b) Inert debris that has been processed and sorted for resale or reuse,
but remains stored on site for more than 18 months, shall be deemed to
have been unlawfully disposed, and therefore subject to enforcement ac-
tion including the use of a Notice and Order as provided in section 1 8304.
(c) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maximum amount of incoming material permitted
per day.
(d) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours
or at an alternate frequency approved by the EA.
(f) These operations shall be inspected by the EA to verify compliance
with minimum standards. Inspections shall be conducted quarteriy. To
Page 738.11
Register 2004, No. 27; 7-2-2004
§ 17383.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
the greatest extent possible, all inspections shall be unannounced and
shall be conducted at irregular intervals.
(g) The operator shall specify the operation's boundary area in the op-
erating record.
(h) Each operator of an inert debris Type A processing operation shall
file with the EA. together with its application for an EA Notification, an
Inert Debris Type A Processing Operation Plan (as more fully described
in Article 3.2, section 17386 of this Article). The information contained
in the Plan shall be reviewed by the EA to determine whether it is com-
plete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, sec-
tion 18101.
(i) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(j) Each operator shall determine the weight of all material received at
the operation for handling and shall maintain records of the weight of ma-
terials in accord with State Minimum Standards. Weight shall be deter-
mined by the use of scales which may be located at the operation or off-
site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Section 40053, 43020 and 43021, Public Resources Code.
History
L New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17383.8. Inert Debris Type A and Type B Processing
Facilities.
All inert debris Type A and Type B processing facilities subject to this
Article shall comply with the Full Permit tier requirements set forth in
Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with
section 21450.
(a) Inert debris stored for more than 6 months that has not been pro-
cessed and sorted for resale or reuse shall be deemed to have been unlaw-
fully disposed, and therefore subject to enforcement action including the
use of a Notice and Order as provided in section 1 8304.
(b) Inert debris that has been processed and sorted for resale or reuse,
but remains stored on site for more than 18 months, shall be deemed to
have been unlawfully disposed, and therefore subject to enforcement ac-
tion including the use of a Notice and Order as provided in section 1 8304.
(c) The maximum amount of material that may be stored on the site,
including unprocessed material, material that is being processed, and ma-
terial that has been processed, is that amount which is the product of 30
days multiplied by the maxiinum amount of incoming material permitted
per day.
(d) Storage time limits may be extended in accordance with sections
17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and
17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours
or at an alternate frequency approved by the EA.
(f) Each operator of an Inert Debris Type A and Type B Processing Fa-
cility shall file with the EA, together with its application for a Full Permit,
an Inert Debris Type A and Type B Processing FaciUty Report (as more
fully described in Article 3.2, Section 18223.5 of this Chapter). The in-
formation contained in the Report shall be reviewed by the EA to deter-
mine whether it is complete and correct as defined in CCR, Title 14,
Chapter 5, Article 3.0, section 18101.
(g) Inert debris processing facilities shall be inspected monthly by the
EA in accordance with PRC section 43218. To the greatest extent pos-
sible, all inspections shall be unannounced and shall be conducted at
irregular intervals.
(h) Where the public may have access to them, the debris piles and oth-
er piles of materials on site must be stable and otherwise configured so
as to protect the public health and safety.
(i) Each operator shall determine the weight of all material received at
the facility for handling and shall maintain records of the weight of mate-
rials in accord with State Minimum Standards. Weight shall be deter-
mined by the use of scales which may be located at the facility or off-site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021. Public Resources Code.
History
1 . New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (f) filed 6-29-2004 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2004, No.
27).
§ 17383.9. Emergency Construction and Demolition/Inert
Debris Processing Operations.
(a) All emergency CDI debris processing operations shall comply with
the EA Notification requirements set forth in CCR, Title 14, Division 7,
Chapter 5.0, Article 3.0, section 1 8100 et. seq. Such operations may oc-
cur at locations which are not permitted solid waste facilities. These op-
erations shall be inspected by the EA as necessary to verify compliance
with minimum standards, but in no case less than monthly. To the great-
est extent possible, all inspections shall be unannounced and shall be con-
ducted at irregular intervals. The operator shall specify the operation's
boundary area in the operating record.
(b) In addition, the emergency CDI debris processing operations shall
meet the following requirements:
(1) The land owner has certified his/her knowledge of the proposed ac-
tivity and agrees to insure proper termination.
(2) The operation shall not exist for a period of time greater than 120
days from the date that the EA Notification is received by the EA. Upon
receipt of the reports required by CCR, Title 14, Division 7, Chapter 3,
Article 3, section 17210.5, the operation may continue for an additional
period as specified by the EA to assist in the recovery and clean-up.
(3) The operation shall receive only C&D debris and Type A inert de-
bris in any amounts that are generated by the event that caused the state
of emergency,
(4) If the operation accepts, processes, or stores hazardous or house-
hold hazardous waste, the activities must be in compliance with require-
ments of the Department of Toxic Substances Control and other ap-
propriate authorities or agencies.
(c) The emergency CDI debris processing operation shall cease opera-
tion should the EA determine that any of the following occurs:
(1) The emergency CDI debris processing operation is not being used
exclusively to handle the CDI debris resulting from the state of emergen-
cy;
(2) The emergency CDI debris processing operation is no longer nec-
essary in accordance with CCR, Title 14, Division 7, Chapter 3, Article
3, section 17210.2;
(3) The emergency CDI debris processing operation will cause or con-
tribute to a public health, safety or environmental problem;
(4) The operator is not utilizing disaster debris diversion programs to
the extent feasible.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
Page 738.12
Register 2004, No. 27; 7-2-2004
Title 14
California Integrated Waste Management Board
§ 17385
§ 1 7383.1 0. Public Hearing.
NOTE: Authority Cited: Sections 40502, 43020 and 4302], Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Repealer filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§ 17384. Approval of Storage Time Limit Alternatives.
(a) At the EA's discretion, storage times for sorted and processed ma-
terials may be extended to the time specified in a land use entitlement for
the site that has an express time limit for the storage of materials.
(b) Storage times at operations and facilities may be extended for a
specified period, if the operator submits to the EA a storage plan as de-
scribed herein and if the EA finds, on the basis of substantial evidence,
that the additional time does not increase the potential harm to public
health, safety and the environment. The EA may consult with other pub-
lic agencies in making this determination. The extended storage term,
any applicable conditions the EA imposes and the EA's findings shall be
in writing. The operator must file amendments as necessary to maintain
the accuracy of the storage plan. Failure to submit timely amendments
may be cause for revocation of the storage hmit extension. The storage
plan must contain the following:
(J) Names of the operator and owner, and the key employee responsi-
ble for operation of the site;
(2) Describe the reason(s) for the storage limit extension;
(3) Describe the manner in which the material will be stored;
(4) Describe the manner in which activities are to be conducted at the
facility during the period of the storage extension;
(5) Specify maximum site design capacity including the assumptions,
methods, and calculations performed to determine the total site capacity;
(6) Provide information showing the types and the quantities of mate-
rial to be stored. If tonnage was figured from records of cubic yards, in-
clude the conversion factor used;
(7) Identify transfer, recovery and processing equipment to be used on
site, including classification, capacity and the number of units;
(8) Identify the planned method for final disposition of material stored
at the site, including but not limited to materials being transferred to other
facilities or operations for further processing, recycled materials, and sol-
id waste.
(c) Storage times at operations, facilities and recycling centers may be
extended if an operator provides proof of financial assurance pursuant to
Title 27, Chapter 6, Subchapter 1 , section 22240 et seq. satisfactory to the
board for cleanup of any operation, facility or recycling center. The
amount of financial assurance shall be based on the cost estimate, in cur-
rent dollars, for removal and disposal of the debris by a third party as di-
rected by the EA. A Clean Up Plan including a cost estimate shall be pre-
pared by the operator using form CIWMB 643 and approved by the EA.
Notwithstanding, an operator is not required to provide proof of financial
assurance if the third party cost to clean up the site, as identified by the
operator and approved by the EA, is less than $5,000.
r>tOTE: Authority Cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1 . New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 1 7384.1 . Final Site Cleanup.
All operations, facilities and recycling centers shall meet the following
requirements:
(a) The operator shall provide the EA with 30 days written notice of
its intent to terminate operations and perform site restoration.
(b) The operator shall provide site restoration necessary to protect pub-
lic health, safety, and the environment.
(c) The operator shall ensure that the following site restoration proce-
dures are performed upon completion of operations and termination of
service:
(1) The site shall be cleaned of all solid waste and recycled materials
including, but not limited to, construction and demolition and inert debris
and other materials related to the operations.
(2) All machinery shall be cleaned and removed or stored securely.
(3) All remaining structures shall be cleaned of solid waste and re-
cycled materials related to the operation.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021 , Public Resources Code.
History
]. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§17385. Pre-Existing Permits.
(a) If an activity subject to this Article is existing under a Registration
Permit or Full Permit on the effective date of this Article, that activity
may continue to operate until the operator applies for and obtains the ap-
propriate permit or satisfies the requirements for notification, as applica-
ble, as set forth in this Article. As set forth in section 17385(d), the EA
shall notify the owner or operator what permit is required under this Ar-
ticle. The operator shall obtain the required permit or satisfy the require-
ments for notification in the same manner and within the same time
frames as set forth in subsection 17385(b). For the purposes of this sec-
tion, "existing" includes activities that are operating and activities that
have not commenced operation but have received all local government
land use approvals required under applicable law and have commenced
physical development of the site or improvements on the site for purposes
of the activity.
(b) If an activity subject to this Article is existing and does not have
a Registration Permit or Full Permit on the effective date of this Article,
that activity may continue to operate in substantially the same manner un-
til the EA determines what permit or other documentation is required for
the activity under this Article and notifies the owner or operator in writ-
ing of its determination. The EA shall make that determination for all fa-
cilities and operations within its jurisdiction no sooner than 30 days and
no later than 90 days from the effective date of this Article. If the EA de-
termines that a Full Permit is required, the operator shall apply for and
obtain that permit within 1 80 days from the date the owner or operator
receives the EA's written determination, whichever first occurs. If the
EA determines that a Registration Permit is required, the operator shall
apply for and obtain that permit within 60 days from the date the owner
or operator receives the EA's written determination, whichever first oc-
curs. If the EA determines that EA notification under CCR, Title 14, Di-
vision 7, Chapter 5.0, Article 3.0, commencing at secfion 18100, is re-
quired, the operator shall comply with the EA notification requirements
within 30 days from the date the owner or operator receives the EA's
written determination, whichever first occurs. If an activity subject to this
Article fails to obtain the required permit or submit documentation for
EA notification within the specified time, the EA shall take appropriate
enforcement action.
(c) Notwithstanding anything to the contrary in this Article, until that
date which is two (2) years from the effective date of this Article (the
"Temporary Permit Expiration Date") or any extension of such Tempo-
rary Permit Expiration Date, large volume GDI debris processing facili-
ties which are existing on the effective date of this Article may elect to
obtain and operate under a temporary Registration Permit pursuant to
subsection (b) above, rather than a Full Permit. Operators of facilities so
electing shall obtain temporary Registration Permits in the manner as set
forth in subsection (b) above. Operators of large volume CDI debris pro-
cessing facilities that receive temporary Registration Permits under this
subsection (c) shall apply for a Full Permit no later than one (1 ) year from
the date the owner or operator of the facility receives notification from
the EA that a Full Permit is required under this Arficle, whichever first
occurs, as provided in subsection (b) above, and shall obtain a Full Permit
no later than the Temporary Permit Expiration Date. Notwithstanding,
the Temporary Permit Expiration Date may be extended by one or more
periods not exceeding a total of three (3) years by the EA (the last such
extension is the "Extended Temporary Permit Expiradon Date") in the
event that the EA finds that an operator, for reasons beyond its control,
has been unable to obtain a Full Permit despite having exercised good
faith and due diligence in attempting to obtain such a permit. Registration
Permits obtained under this subsection (c) are temporary and shall expire
no later than the Temporary Permit Expiration Date or the Extended
Temporary Permit Expiration Date, whichever is applicable. The Full
Permit that the operator obtains shall supercede, and cause the expiration
Page 738.13
Register 2007, No. 11; 3-16-2007
§ 17386
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
of, the facility's temporary Registration Permit obtained under this sub-
section (c). If any large volume CDl debris processing facility fails to ob-
tain the required Full Permit within the specified time, the EA shall take
appropriate enforcement action.
(d) Waste handling activities which are existing on the effective date
of this Article and which handle exclusively construction and demolition
wastes, as defined in Section 17225.15 of Article 4 of this Chapter, that
do not qualify as C&D debris under this Article shall obtain the appropri-
ate permit as a transfer/processing operation or facility as provided in Ar-
ticles 6.0 through 6.4, inclusive, of this Chapter. Notwithstanding, such
activities shall obtain the necessary permits in the same manner and with-
in the same time frames as if they were operations or facilities subject to
this Article, as specified in this Section 17385, such that limited volume
transfer operations (defined at section 17403.3) shall comply with EA
notification requirements within 30 days from the date the owner or oper-
ator receives the written determination from the EA, whichever first oc-
curs, medium volume transfer/processing facilities (defined at section
17403.6) shall obtain a Registration Permit within 60 days from the date
the owner or operator receives the written determination from the EA,
whichever first occurs, and large volume transfer/processing faciUties
(defined at 17403.7) shall obtain a Full Permit within 180 days from the
date the owner or operator receives the written determination from the
EA, whichever first occurs. Large volume transfer/processing facilities
which handle exclusively construction and demolition wastes may elect
to obtain and operate under a temporary Registration Permit in the same
manner, under the same procedures and subject to the same limitations
as a large volume CDI debris processing facility under subsection
17385(c). If an activity subject to this subsection fails to obtain the re-
quired permit or submit documentation within the specified time, the EA
shall take appropriate enforcement action.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 17386. Operation Plans.
(a) Each operator of a small volume CDI debris processing operation,
inert debris processing operation Type A, or small volume C&D wood
debris chipping and grinding operation that is required to obtain an EA
Notification, as set forth in CCR, Title 14, Division 7, Chapter 5.0, Ar-
ticle 3.0, commencing at section 18100 shall file with the EA, together
with its EA Notification, an Operation Plan. The Plan shall contain the
following:
(1) Names of the operator and owner, and the key employee responsi-
ble for operation of the site;
(2) Schematic drawing all buildings and other structures showing lay-
out and general dimensions of the operations area, including, but not lim-
ited to, unloading, storage, loading, and parking areas;
(3) Descriptive statement of the manner in which activities are to be
conducted at the operation;
(4) Days and hours that the business is to operate. If the hours of debris
receipt differ from the hours of material processing, each set of hours
shall be stated. For businesses with continuous operations, indicate the
start of the operating day for purpose of calculating amount of debris re-
ceived per operating day. The operator may also indicate whether or not,
and when, other activities, such as routine maintenance will take place,
if those activities will occur at times other than those indicated above;
(5) Total acreage contained within the operating area;
(6) Operation design capacity including the assumptions, methods,
and calculations performed to determine the total capacity;
(7) Information showing the types and the daily quantities of debris to
be received
(8) In any calculations necessary as part of the plan, amounts shall be
figured in tons. If tonnage is figured from cubic yards, include the con-
version factors used as approved by the EA.
(9) Description of the methods used by the operation to comply with
each State Minimum Standard required by CCR, Title 14, Division 7,
Chapter 3.0, Article 5.9;
(10) Anticipated volume of quench or process water and the planned
method of treatment, and disposal of any wastewater;
(11) Description of provisions to handle unusual peak loading;
(12) Description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units;
(13) Planned method for final disposition of debris received at the op-
eration, including but not limited to materials being transferred to other
facilities or operations for further processing, recycled materials, and sol-
id waste;
(14) Planned method for the storage and removal of salvaged material;
(15) Resume of management organization which will operate the op-
eration;
(16) The operator shall record and retain records of any serious injury
to the public occurring on-site and any complaint of adverse health ef-
fects to the public attributed to operations. Serious injury means any inju-
ry that requires inpatient hospitalization for a period in excess of 24 hours
or in which a member of the public suffers a loss of any member of the
body or suffers any degree of permanent disfigurement; and
( 1 7) The operator shall retain a record of training and instruction com-
pleted in accordance with. Article 6.2, secfion 17410.3.
(18) A copy of the operator's Injury and Illness Prevention Plan (as ap-
plicable under current law).
(19) Fire Prevention, Control and Mitigation Plan ("Plan") which con-
tains the following:
(A) Descripfion of the measures the operator will take to prevent fires
and to control and extinguish fires at the site;
(B) Identification and description of the equipment the operator will
have available (on site and readily available off-site) to control and extin-
guish fires;
(C) Description of the measures the operator will take to mitigate the
impacts of any fire at the site to the public health and safety and the envi-
ronment;
(D) Description of the arrangements the operator has made with the lo-
cal fire control authority having jurisdiction to provide fire prevention,
control and suppression;
(E) Discussion of the ability of the local fire control authority to sup-
press fires at the site in light of the authority's personnel, expertise and
equipment, the availability of water, access to the site and to flammable
materials on the site, the nature of flammable materials on site, the quan-
tity and dimensions of materials on the site, and the potenfial for subsur-
face fires in accumulations of flammable materials on the site.
(F) Evidence that the operator has submitted the Plan to the local fire
control authority for review and that the authority has found it to be in
compliance with the authority's applicable requirements.
(b) The operator must file amendments as necessary to maintain the
accuracy of the Plan. Failure to submit timely amendments may be cause
for suspension or revocation of the EA Notification.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
Article 5.95. Construction and Demolition
Waste and Inert Debris Disposal Regulatory
Requirements
§ 1 7387. Authority and Scope.
(a) Article 5.95 sets forth permitfing requirements, Uer requirements,
and minimum operating standards for operafions and facilities that dis-
pose construction and demolition (C&D) waste and inert debris. This Ar-
ticle is not applicable to operations and facilities that are wholly governed
in regulations elsewhere in this Chapter or Tide 27.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with Section 40000 of the Public Resources Code (PRC),
as amended. These regulations should be read together with the Act.
Page 738.14
Register 2007, No. 11; 3-16-2007
Title 14
California Integrated Waste Management Board
§ 17388
(c) Nothing in this Article limits or restricts the power of any Federal,
State, or local agency to enforce any provision of law that it is authorized
or required to enforce or administer, nor to limit or restrict local govern-
ments from promulgating laws which are as strict or stricter than the reg-
ulations contained in tliis Article. However, no local government may
promulgate laws which are inconsistent with the provisions of this Ar-
ticle.
(d) No provision in this Article shall be construed as relieving any
owner or operator from obtaining all required permits, licenses, or other
clearances and complying with all orders, laws, regulations, reports, or
other requirements of other regulatory or enforcement agencies, includ-
ing, but not limited to. local health agencies. Regional Water Quality
Control Boards, Department of Toxic Substances Control, air quality
management districts or air pollution control districts, local land use au-
thorities, and fire authorities.
NOTE; Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1 . New article 5.95 (sections 17387-17390) and section filed 12-26-2003; opera-
tive 2-24-2004 (Register 2003, No. 52).
2. Editorial conection of HiSTOKY 1 (Register 2004, No. 2).
§17387.5. Purpose.
(a) The purpose of this Article is to promote the health, safety and wel-
fare of the people of the State of California, and to protect the environ-
ment by establishing minimum standards for the handling and disposal
of C&D waste and inert debris at disposal sites.
(b) By adopting these standards, the board hereby sets forth perfor-
mance standards for disposal sites which dispose C&D waste and inert
debris and which are of State concern, as required by PRC sections 43020
and 43021, and sets forth minimum substantive requirements for opera-
tor's submission of information concerning individual disposal sites.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388. Definitions.
For the purposes of this Article, the following definitions shall apply.
Additional definitions that apply to this Article are found at California
Code of Regulations (CCR), Title 14, Division 7, Chapter 3, Article 6,
sections 17402 and 17402.5, and Article 4, section 17225 and Title 27,
Division 2, Chapter 2, Articles 1, and 2.
(a) "C&D" means construction and demolition, as in the term "C&D
waste".
(b) "CDF' means any combination of construction and demolition
v/aste and inert debris.
(c) "Construction and Demolition Waste" or "C&D Waste" means the
nonhazardous waste building materials, packaging and aibble resulting
from construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings and other structures.
(d) "CDI Waste Disposal Facility" means a facility at which C&D
v/aste, C&D waste together with inert debris (Type A or B) or inert debris
(Type B) only is dispos'ed.
(e) "Disposal" means the final deposition of C&D waste or inert debris
onto land.
(t) "EA" means enforcement agency as defined in PRC section 401 30.
(g) "Engineered Fill Activity" means fill that has been designed by an
engineer to act as a structural element of a constructed work and has been
placed under engineering inspection, usually with density testing. An en-
gineered fill activity shall meet specifications prepared and certified for
a specific project by a Civil Engineer, Certified Engineering Geologist,
or similar professional licensed by the State of California, and includes
requirements for placement, geometry, material, compaction and quality
control.
(h) "Fill" means gravel, rock, soil, sand, uncontaminated concrete, or
fully cured asphalt in conjunction with a construcdon project or grading.
(i) "Fully Cured Asphalt" means that the material must be at ambient
temperature, be substantially hardened and be inelastic.
(j) "Grading" means any land excavation, filling, earth moving or
combination thereof.
(k) "Inert Debris" means solid waste and recyclable materials that are
source separated or separated for reuse and do not contain hazardous
waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble
pollutants at concentrations in excess of applicable water quality. Inert
debris may not contain any putrescible wastes. Gravel, rock, soil, sand
and similar materials whether processed or not, that have never been used
in connection with any structure, development, grading or other similar
human purpose, or that are uncontaminated, are not inert debris. Such
materials may be commingled with inert debris.
(1) "'Type A inert debris" includes but is not limited to concrete (in-
cluding fiberglass or steel reinforcing bar embedded in the concrete), ful-
ly cured a.sphalt, crushed glass, fiberglass, asphalt or fiberglass roofing
shingles, brick, slag, ceramics, plaster, clay and clay products. Type A
inert debris is waste that does not contain soluble pollutants at concentra-
tions in excess of water quality objectives and has not been treated in or-
der to reduce such pollutants. The board, upon consultation with the State
Water Resources Control Board, will determine on a case by case basis
whether materials not listed in this subdivision qualify as Type A inert
debris. The board and the State Water Resources Control Board may con-
sider statewide and site-specific factors in making this determination.
(2) "Type B inert debris" is solid waste that is specifically determined
to be inert by the applicable RWQCB, such as treated industrial wastes
and de-watered bentonite-based drilling mud, but excluding Type A in-
ert debris.
(/) "Inert Debris Engineered Fill Operation" means an activity exceed-
ing one year in duration in which only the following inert debris may be
used: fully cured asphalt, uncontaminated concrete (including steel rein-
forcing rods embedded in the concrete), crushed glass, brick, ceramics,
clay and clay products, which may be mixed with rock and soil. Those
materials are spread on land in lifts and compacted under controlled
condifions to achieve a uniform and dense mass which is capable of sup-
porting structural loading, as necessary, or supporting other uses such as
recreafion, agriculture and open space in order to provide land that is ap-
propriate for an end use consistent with approved local general and spe-
cific plans (e.g., roads, building sites, or other improvements) where an
engineered fill is required to facihtate producUve use(s) of the land. Fill-
ing above the surrounding grade shall only be allowed upon the approval
of all governmental agencies having jurisdiction. The engineered fill
shall be constructed and compacted in accordance with all applicable
laws and ordinances and in accordance with specifications prepared and
certified at least annually by a Civil Engineer, Certified Engineering
Geologist, or similar professional licensed by the State of California and
maintained in the operating record of the operation. The operator shall
also certify under penalty of perjury, at least annually, that only approved
inert debris has been placed as engineered fill, and specifying the amount
of inert debris placed as fill. These determinadons may be made by re-
viewing the records of an operation or by on-site inspection. Certifica-
don documents shall be maintained in the operadng records of the opera-
don and shall be made available to the EA during normal business hours.
Acceptance of other Type A inert debris or shredded dres pursuant to
Waste Discharge Requirements prior to the effective date of this Article
does not preclude an activity from being deemed an inert debris engine-
ered fill operation, provided that the operation meets all the requirements
of this Article once it takes effect. Where such materials have been depos-
ited, the operator must specify in the operation plan the type of waste pre-
viously accepted, a diagram of the fill area, and estimations of the depth
of the fill material previously accepted. Inert debris placed in an Inert De-
bris Engineered Fill Operation is not counted as diversion or disposal for
a given jurisdiction.
(m) "Inert Debris Type A Disposal Facility" means a site where only
Type A inert debris is disposed to land. Inert debris Type A disposal faci-
lities do not include inert debris engineered fill operations.
(n) "Landslide Debris", for the purposes of this Article, means the soil
or rock or other natural material deposited on roadways, bridge decks.
Page 738.15
Register 2007, No. 11; 3-16-2007
§ 17388.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
flood control facilities, or other stnictures resulting from a naturally-oc-
curring mass movement of earth or rocks from a mountain, hill, cliff, or
road cut.
(o) "Operating Record" means a readily accessible collection of re-
cords of an operation's or facility's activities in compliance with required
State Minimum Standards under Title 14 and Title 27. The operating re-
cord shall include the operation plan for inert debris engineered fill op-
erations, or the disposal facility plan or disposal facility report for facili-
ties, and shall contain, but is not limited to: agency approvals, tonnage
and load checking records, hours of operation, owner/operator contacts,
and personnel training history. The record may be reviewed by State and
local authorities and shall be made available during normal business
hours. The records may be maintained at any location that is easily acces-
sible to the EA.
(p) "Putrescible Wastes" means solid wastes that are capable of being
decomposed by micro-organisms with sufficient rapidity as to cause nui-
sances because of odors, vectors, gases or other offensive conditions, and
include materials such as, but not limited to food wastes, offal and dead
animals. The EA shall determine on a case-by-case basis whether or not
a site is handling putrescible wastes.
(q) "RDSI" means Report of Disposal Site Information as described
in CCR, Title 27, section 21600.
(r) "'RWQCB" means Regional Water Quality Control Board.
(s) "'Separated for Reuse" means materials, including commingled re-
cyclables, that have been separated or kept separate from the solid waste
stream for the purpose of additional sorting or processing of those materi-
als for recycling or reuse in order to return them to the economic main-
stream in the form of raw material for new, reused, or reconstituted prod-
ucts which meet the quality standards necessary to be used in the
marketplace, and includes materials that have been "source separated".
(t) "Site" means the area where the handling of solid waste, and/or re-
cyclable materials occurs at an operation or facility subject to this Article.
(u) "Solid waste" means the same as in PRC section 40191.
(v) "Source Separated" means materials, including commingled recy-
clables, that have been separated or kept separate from the solid waste
stream, at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards neces-
sary to be used in the marketplace.
(w) "Vector" means any insect or other arthropod, rodent, or other ani-
mal capable of transmitting the causative agents of human disease.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1 . New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§ 1 7388.1 . Regulatory Tiers Placement for GDI Waste and
Inert Debris Disposal Operations and Facilities.
Construction & Demolition and Inert Debris Tier Placement
Excluded
Operations
Tier
Section 17388.2
Inert Debris
Engineered Fill
activity which
concludes
within
one year
Removal and
disposal of
landslide debris
EA
Notification
Inert Debris
Engineered
Fill
Operations
Section
17388.3
Registration
Inert Debris
Type A
Disposal
Facility
Section
17388.4
Eidl Solid
Waste
Facility
Permit
GDI Waste
Disposal
Facility
Section
17388.5
Excluded
Full Solid
Operations
Waste
Tier
EA
Facilit}'
Section 17388.2
Notification
Registration
Permit
Removal and
disposal of
sediment
accumulated
within irrigation
or flood control
facilities
Road building.
road repair, etc.
• Clean closed
CDI waste disposal
facilities
NOTE: Authority cited: Sections 40502. 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1 . New .section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§17388.2. Excluded Activities.
(a) The following disposal activities do not constitute C&D waste or
inert debris operations or facilities for the purposes of this Article and are
not required to meet the requirements set forth herein:
(1) Any use (e.g., grading) of gravel, rock, soil, sand and similar,
whether processed or not, that has never been used in connection with
any structure, road, parking lot, or similar use.
(2) Engineered fill activities which have local permits as required, and
are carried out in conjunction with a construction project (e.g., building
and other construction, bridge and roadway work, development of path-
ways or riding trails, etc), and which use uncontaminated concrete and/or
fully cured asphalt which has been reduced in particle size to 2" or less
as part of a recycling activity and concludes within two years from com-
mencement.
(3) Inert debris engineered fill activities which conclude within one
year of commencement and that meet all requirements of section 1 7388.3
of this Article, except subsections (b) inspections, (c) Plan, (d) State
Minimum Standards, (g) final cover, (h) scales and submittal of EA Noti-
fication.
(4) Removal and disposal of landslide debris containing no C&D
waste by Federal, State and local government public works agencies and
their contractors, provided that the material removed from such sites is
disposed in accordance with applicable law.
(5) Removal and disposal of sediment which has accumulated within
irrigation or flood control facilities and which contains no solid waste, by
Federal, State and local government public works agencies and their con-
tractors, provided that the material removed from such sites is disposed
or otherwise handled in accordance with applicable law.
(6) The use of fully cured asphalt, uncontaminated concrete (including
steel reinforcing rods embedded in the concrete), crushed glass, brick, ce-
ramics, clay and clay products, which may be mixed with rock and soil,
in connection with road building, road repair, airport runway construc-
tion, bridge and roadway work, levee work, flood control work, and all
associated activities by Federal, State and local government public works
agencies and their contractors.
(7) Existing C&D waste or inert debris disposal sites from which all
waste and debris have been removed (clean closure) within one year after
February 24, 2004, provided that the material removed from such sites
is disposed in accordance with applicable law. The board may extend the
time for clean closure by up to one year upon the applicant's showing of
good cause for such extension.
(b) Nothing in this section precludes the EA or the board from inspect-
ing an excluded activity to verify that the activity is being conducted in
a manner that qualifies as an excluded activity, or from taking any ap-
propriate enforcement action, including the use of a Norice and Order.
Page 738.16
Register 2007, No. 11; 3-16-2007
Title 14
California Integrated Waste Management Board
§ 17388.4
The burden of proof shall be on the owner or operator to demonstrate that
the activity is excluded pursuant to this section.
NOTE; Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1 . New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial conection orHiST(^RY 1 (Register 2004, No. 2).
§ 17388.3. Inert Debris Engineered Fill Operations.
Inert debris engineered fill operations shall submit EA Notifications,
as set forth in CCR, Title 14, Section 18100 et seq. and shall comply with
all applicable RWQCB waste discharge requirements.
(a) Each operator of an inert debris engineered fill operation shall sub-
mit a copy of its waste discharge requirements or a letter of exemption
froiTi the applicable RWQCB to the EA together with its notification of
intent to operate.
(b) Inert debris engineered fill operations shall be inspected as neces-
sary by the EA to verify compliance with State Minimum Standards. In-
spections shall be conducted quarterly, unless the EA determines a lesser
frequency is sufficient, but in no case shall the inspection frequency be
less than annual.
(c) Each operator of an inert debris engineered fill operation shall file
an "Operation Plan" (as specified in this Article, Section 17390) with the
EiA together with its notification of intent to operate. The information
contained in the Plan shall be reviewed by the EA to determine whether
it is complete and correct as defined in CCR, Title 14, Section 18101.
(d) All inert debris engineered fill operations shall comply with the
State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter
3.0, Subchapter 4, Article 1 (Operating Criteria), and Article 3 (Han-
dling, Equipment and Maintenance), and Article 4 (Controls) (except
sections 20515, 20640, 20880, and 20890).
(e) By March 1 of each year, the operator shall report to the EA and
the board the total amount of inert debris deposited during the previous
year. However, the operator is not subject to the disposal reporting record
requirements of Title 14 CCR, Division 7, Chapter 9, Article 9.2 or the
disposal fee specified in Public Resources Code Section 48000 and Rev-
enue and Taxation Code Section 45151.
(f) All inert debris engineered fill operations, upon completion or
cessation of fill activities for more than one year and upon any transfer
of any part of the land subject to the operation piior to completion of fill
activities, shall comply with the requirements in Title 27, subsections
21 170(a)(l,2 and, if applicable, 3).
(g) Upon the final placement of waste at the site, the operator shall cov-
er the site of fill with three feet of compacted soil above the fill area or
with other final cover as determined by the EA. The EA may determine,
on the basis of substantial evidence, that a lesser amount of final cover
or no final cover is needed, based on potential impacts to the public
health, safety and the environment.
(h) If an inert debris engineered fill operation exceeds any combina-
tion of the following requirements three (3) or more times within any two
(2) year period which the EA determines constitutes a violation of this
Article, the facility no longer qualifies for an EA Notification under this
section. Upon the third such violation, the EA shall notify the operator
in writing that the facility no longer qualifies for an EA Notification, and
the operator must within 30 days apply for a Full Permit as if it were a CDI
Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA
shall issue a cease and desist order pursuant to Section 18304 directing,
among other things, that the operator immediately cease accepting mate-
rial at the site until the operator has demonstrated to the EA that it has cor-
rected the violation and eliminated the cause of the violation. Notwith-
standing, the EA may at any time take any additional enforcement action
the EA deems appropriate.
The requirements to which this subdivision applies are:
1. Disposal of any wastes not authorized by subsection 17388(/);
2. Failure to comply with the requirements for certification by an engi-
neer specified in subsection 17388(1);
3. Failure to comply with requirements for operator cerlification of
materials disposed in the fill as required in subsection 17388(/).
(i) Inert debris engineered fill operations are not required to meet the
notification requirements of this Article if the operation is occurring at
a disposal facility that has a full solid waste facilities permit and the per-
mit authorizes the activity either through a specific condition in the per-
mit or as described and approved in the Report of Disposal Site Informa-
tion.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial coirection of History 1 (Register 2004, No. 2).
3. Amendment of first paragraph and subsections (b), (c), (e) and (f) filed
3-14-2007; operative 4-1 3-2007 (Register 2007, No. 1 1 ).
§ 17388.4. Inert Debris Type A Disposal Facilities.
Inert debris Type A disposal facilities shall obtain Registration Per-
mits and shall comply with the Registration Permit requirements as set
forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing
at Section 18100), with the following requirements set out in CCR, Title
27, Division 2, Chapter 4, Subchapter 3, Article 2 (commencing at Sec-
tion 21570) in the same manner as if they were municipal solid waste
landfills, CCR, Title 14, Division 7, Chapter 9, and with all RWQCB
waste discharge requirements.
(a) Each operator of an inert debris Type A disposal facility shall sub-
mit a copy of its waste discharge requirements or a letter of exemption
from the applicable RWQCB to the EA together with its application for
a Registration Permit.
(b) Inert debris Type A disposal facilities shall be inspected monthly
by the EA in accordance with Public Resources Code Section 43218.
(c) Each operator shall file with the EA, together with its application
for a solid waste facilities permit, a Disposal Facility Plan (as more fully
described in CCR, Title 14, Division 7, Chapter 5, Article 3.2, Section
18223.6).
(d) Each operator must comply with the closure and postclosure main-
tenance requirements of Title 27, CCR, Division 2, Subchapter 5, Article
2 (commencing with Section 21099).
(e) Each operator must comply with the financial assurance require-
ments for closure and postclosure maintenance, operating liability and
corrective action set forth in Title 27 CCR, Division 2, Chapter 6 (com-
mencing at Section 22200).
(f) The EA shall comply with the Enforcement Agency Requirements
of Title 27 CCR, Division 2, Chapter 4, Subchapter 3, Article 3, com-
mencing with Section 21650.
(g) Inert debris Type A disposal facilities shall maintain disposal re-
porting records and comply with the requirements set forth in Title 14
CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System),
commencing at Section 18800.
(h) Inert debris Type A disposal facilities shall comply with the State
Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0,
Subchapter 4, Articles 1 (Operating Criteria), Article 3 (Handling,
Equipment and Maintenance), and Article 4 (Controls) (except Sections
20880 and 20890).
(i) Each operator shall determine the weight of all material received at
the facility for disposal and shall maintain records of the weight of mate-
rials as required herein. Until February 24, 2005, weight of material shall
be determined by a conversion factor authorized by the EA for each waste
type received. After that date, weight shall be determined by the use of
scales, which may be located at the operation or off-site. Notwithstand-
ing, operations in a rural city or a rural county, as defined in Public Re-
sources Code Sections 40183 and 401 84, and operations that will cease
activities within three years from February 24, 2004, as reflected in their
Operation Plan may determine the weight of materials received by use
of conversion factors authorized by the EA for each waste type or com-
bination thereof received. Evidence of the accuracy of the conversion
factors shall be provided to the EA annually.
Page 738.17
Register 2007, No. 11; 3-16-2007
§ 17388.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(i) If an inert debris Type A disposal facility accepts for disposal any
waste not authorized by, or pursuant to, Subsection 1 7388(k)(l ) three (3)
or more times within any two (2) year period which the EA determines
constitutes a violation of this Article, the facility no longer qualifies for
a Registration Permit under tliis Section. Upon the third such violation,
the EA shall notify the operator in writing that the facility no longer quali-
fies for a Registration Permit, and the operator must within 30 days apply
for a Full Solid Waste Facilities Permit as if it were a CDI Waste Disposal
Facility pursuant to Section 17388.5. In addition, the EA shall issue a
cease and desist order pursuant to Section 18304 directing, among other
things, that the operator immediately cease accepting material at the site
until the operator has demonstrated to the EA that it has corrected the
violation and eliminated the cause of the violation. Notwithstanding, the
EA may at any time take any additional enforcement action the EA deems
appropriate.
NOTE: Authority cited: Sections 40502, 43020. 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1 . New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 1 1).
§ 17388.5. CDI Waste Disposal Facilities.
CDI waste disposal facilities shall obtain full solid waste facilities per-
mits and shall comply with all requirements promulgated by the board as
set forth in CCR. Title 27, Division 2 in the same manner as if they were
municipal solid waste landfill units.
(a) CDI waste disposal facilities shall maintain disposal reporting re-
cords and shall comply with the requirements set forth in Title 14 CCR,
Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), com-
mencing at Section 18800.
(b) Each operator shall determine the weight of all material received
at the facility for disposal and shall maintain records of the weight of ma-
terials as required herein. Until February 24, 2005, weight of material
shall be determined by a conversion factor authorized by the EA for each
waste type received. After that date, weight shall be determined by the
use of scales, which may be located at the operation or off-site. Notwith-
standing, operations in a rural city or a rural county, as defined in Public
Resources Code Sections 40183 and 40184, and operations that will
cease activities within three years from February 24, 2004, as reflected
in their Operation Plan may determine the weight of materials received
by use of conversion factors authorized by the EA for each waste type or
combination thereof received. Evidence of the accuracy of the conver-
sion factors shall be provided to the EA annually.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correcfion of History 1 (Register 2004, No. 2).
3. Amendment of subsecfions (a) and (b) and repealer of subsection (c) filed
3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§ 1 7388.6. Public Hearing.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
3. Repealer filed 3-14-2007; operafive 4-13-2007 (Register 2007, No. 11).
§ 17389. Record Keeping Requirements for Operations.
All operations shall meet the following requirements:
(a) All records required by this Article shall be maintained in a single
accessible location for at least three (3) years and shall be available for
inspection by authorized representatives of the board, EA, local health
agency, and other duly authorized regulatory and enforcement agencies
during normal working hours.
(b) The operator shall maintain a daily log book or file describing spe-
cial occurrences and methods used to resolve problems arising from
these events, including details of all incidents requiring the implementa-
tion of emergency procedures. Special occurrences shall include, but are
not limited to: receipt or rejection of prohibited wastes, fires, accidents,
injury and property damage, flooding, earthquake damage and other un-
usual occurrences. The operator shall notify the EA by telephone within
24 hours of all incidents requiring the implementation of emergency pro-
cedures, unless the EA determines that a less immediate form of notifica-
tion will be sufficient to protect public health and safety and the environ-
ment.
(c) The operator shall document any written and oral complaints re-
ceived from the public, including the nature of the complaint, the date the
complaint was received, the name, address, and telephone number of the
person or persons making the complaint (if available), and any actions
taken to respond to the complaint.
(d) The operator shall maintain an operating record which shall in-
clude, among other things, records of incoming weights or volumes and
outgoing salvage or residual weights or volumes shall be kept in a form
or manner approved by the EA. Such records shall be adequate for overall
planning and control purposes, and be as current and accurate as practica-
ble. These records shall be provided to the EA or the board upon request.
(e) The operator shall record the number of load checks performed and
loads rejected.
(f) The operator shall maintain a copy of the written notice to the EA
and local health agency specifying the names, addresses, and telephone
numbers of the operator or other persons responsible for the operation.
(g) The operator shall maintain records of employee training.
(h) If gas monitoring is conducted at the operation, the operator shall
maintain records of all gas monitoring as available and as required.
(i) If water monitoring is conducted at the operation, the operator shall
maintain records of all water monitoring as available and appropriate as
required.
[Note: Record-keeping requirements for facilities subject to this Ar-
ticle are found at and Title 27, Division 2, Chapter 3, Article 1, section
20510.]
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Secfions 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correcfion of History 1 (Register 2004, No. 2).
§ 17390. Operation Plan.
Each operator of an Inert Debris Engineered Fill Operation, together
with its notification of intent to operate filed pursuant to section 1 7388.3
of this Article, shall file with the EA an Operation Plan. The operator
must file amendments as necessary to maintain the accuracy of the Plan.
A Plan shall contain the following:
(a) Name(s) of the operator, owner, and the company they represent,
if applicable;
(b) Scaled schematic drawing of the buildings and other structures
showing layout and general dimensions of the operations area, including
but not limited to, unloading, storage, loading, and parking areas;
(c) Descriptive statement of the manner in which activities are to be
conducted at the operation;
(d) Days and hours of operation. If the hours of waste receipt differ
from the hours of material processing, each schedule may be stated. For
facilities with continuous operations, indicate the start of the operating
day for the purpose of calculating the amount of waste received per oper-
ating day. The operator may also indicate whether or not, and when, other
activities such as routine maintenance will take place, if those activities
will occur at times other than those indicated above;
(e) Total acreage contained within the operating or fill areas;
Page 738.18
Register 2007, No. 11; 3-16-2007
Title 14
California Integrated Waste Management Board
§ 17402
(t") Design capacity, including the assumptions, methods, and calcula-
tions performed to determine the total capacity;
(g) Information indicating the types and daily quantities of waste or
debris to be received. If tonnage is determined from records of cubic
yardage, include the conversion factor used in the calculation;
(h) Description of methods used by the operation to comply with each
State Minimum Standard;
(i) Anticipated volume of quench or process water and the planned
method of treatment and disposal of any wastewater;
(j) Description of provisions to handle unusual peak loading;
(k) Description of transfer, recovery and processing equipment, in-
chiding classification, capacity and the number of units.
(/) Planned method for final placement of the solid waste;
(m) Planned method for the storage and removal of salvaged material.
(n) Resume of management organization that will operate the site.
(o) A description of road building and seasonal tipping pad design.
(p) A description of a program to prevent the acceptance of unap-
proved materials and hazardous wastes.
(q) A description of the planned method for storage and removal of
prohibited wastes.
(r) A general description of the proposed final productive use(s), if
any, of the fill area. The description shall specify generally what area(s)
within the boundaries of the operation will be capable of supporting a
structure upon closure.
(s) The compaction standards for density and design, if any.
(t) A copy of the operator's Injury and Illness Prevention Plan (as ap-
plicable under current law).
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
Article 6.0. Transfer/Processing Operations
and Facilities Regulatory Requirements
§ 1 7400. Authority and Scope.
(a) Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting require-
ments and minimum operating standards for operations and facilities that
receive, store, handle, recover, transfer, or process solid waste which are
subject to the requirements of these Articles. The regulatory tier require-
ments of sections 17403 through 17403.9 are not applicable to operations
and facilities that are subject to regulations elsewhere in this Chapter, in-
cluding but not limited to. Article 5.6 (commencing at section 17360);
and in Chapter 3.1 (commencing with section 17850). Activities placed
within the excluded tier in otherparts of this Division, may still be subject
to these regulatory requirements.
(b) These Articles are adopted pursuant to and for the purpose of im-
plementing the California Integrated Waste Management Act of 1989
(Act) commencing with section 40000 of the PubUc Resources Code, as
amended. These regulations should be read together with the Act.
(c) These Articles implement those provisions of the Act relating to re-
ceipt, storage, handling, recovery, transfer, or processing of solid waste.
Nothing in these Articles limits or restricts the power of any federal, state,
or local agency to enforce any provision of law that it is authorized or re-
quired to enforce or administer, nor to limit or restrict cities and counties
from promulgating laws which are as strict or stricter than the regulations
contained in these Articles. However, no city or county may promulgate
laws which are inconsistent with the provisions of these Articles.
(d) No provision in these Articles shall be construed as relieving any
owner, operator, or designee from obtaining all required permits, li-
censes, or other clearances and complying with all orders, laws, regula-
tions, or reports, or other requirements of other regulatory or enforce-
ment agencies, including but not limited to, local heath agencies, regional
water quality control boards. Department of Toxic Substances Control,
California Department of Industrial Relations, Division of Occupational
Safety and Health, air quality management districts or air pollution con-
trol districts, local land use authorities, and fire authorities.
(e) No provision in these Articles is intended to require the owner or
operator of an operation to comply with the Enforcement Agency Notifi-
cation requirements, or the owner or operator of a facility to obtain a
tiered permit in accordance with Title 27, Division 2, Subdivision 1,
Chapter 4, Subchapter 3, Articles 2.0, 3.0 and 3. 1 of the California Code
of Regulations (commencing with section 21570) et seq. and Title 14, Di-
vision 7, Chapter 5.0. Article 3.0, (commencing with section 18100); if
that owner or operator already has a valid full solid waste facility permit
and, that permit authorizes the transfer/processing operation or facility.
(f) Notwithstanding subsection (a) of this section, if a Chipping and
Grinding Operation or Facility, as defined in section I7852(k) of this Di-
vision, handles material that fails to meet the definition of green material
due to contamination as set forth in section 17852(u) of this Division, the
operation or facility:
(1) shall be subject to these regulatory requirements,
(2) shall not be considered to be a recycling center as set forth in sub-
sections (c) or (d) of section 17402.5, and
(3) shall not qualify as an excluded operation as set forth in section
17403.1.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . Renumbering of old article 6 heading to new article 6.4, new article 6.0 (sections
17400-17405.0) and section filed 10-1 1-96; operative 10-11-96 pursuant to
Government Code secfion 1 1 343.4(d) (Register 96, No. 41).
2. Amendment of article heading, section and Note filed 3-5-99; operative
3-5-99 pursuant to Government Code section 1 1 343.4(d) (Register 99, No. 1 1 ).
3. Amendment of subsection (a) filed 8-13-2001 as an emergency; operative
2-1 1-2002 (Register 2001, No. 33). A Certificate of Compliance must be trans-
mitted to OAL by 7-1 1-2002 or emergency language will be repealed by opera-
fion of law on the following day.
4. Amendment of subsecdon (a) refiled 6-13-2002 as an emergency; operative
6-1 3-2002 (Register 2002, No. 24). A Cenificate of Compliance must be trans-
mitted to OAL by 10-1 1-2002 or emergency language will be repealed by op-
eration of law on the following day.
5. Certificate of Compliance as to 6-1 3-2002 order, including further amendment
of subsection (a) and new subsections (f)-(f)(3), transmitted to OAL
8-22-2002 and filed 9-30-2002 (Register 2002, No. 40).
§ 1 7401 . Applicability of Standards.
History
1. Repealer filed 10-1 1-96; operative 10-1 1-96 pursuant to Government Code
section 11 343.4(d) (Register 96, No. 41).
§17402. Definitions.
(a) For the purposes of these Articles:
(1) "Contact Water" means water that has come in contact with waste
and may include leachate.
(2) "Covered Container" means a container that is covered to prevent
the migration of litter from the container, excessive infiltration of precip-
itation, odor and leachate production, and to prevent access by animals
and people; thereby controlling litter, scavenging, and illegal dumping
of prohibited wastes. Covers may include, but are not limited to, tarpau-
lins or similar materials.
(3) "Direct Transfer Facility" means a transfer facility that receives
equal to or more than 60 cubic yards or 15 tons (whichever is greater) of
solid waste per operating day but less than 150 tons of solid waste and
meets all of the following requirements:
(A) is located on the premises of a duly licensed solid waste hauling
operator;
(B) only handles solid waste that has been placed within covered con-
tainers or vehicles prior to entering the facility and that is transported in
vehicles owned or leased by that same operator;
(C) the facility does not handle, separate, or otherwise process the sol-
id waste;
(D) no waste is stored at the facility for more than any 8-hour period;
(E) solid waste is transferred only once and directly from one covered
container or vehicle to another covered container or vehicle so that the
waste is never put on the ground or outside the confines of a container or
vehicle, before, during, or after transfer. Direct transfer would not in-
clude top loading trailers where the solid waste actually leaves the con-
Page 738.19
Register 2007, No. 11; 3-16-2007
§ 17402
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
fines of the colleciion vehicle and is suspended in air before falling into
a transfer vehicle;
(F) all of the contents of the original transferring container or vehicle
must be emptied during a single transfer; and
(G) any waste that may unintentionally fall outside of the containers
or vehicles, is promptly cleaned up and replaced within the container or
vehicle to which it was being transferred.
(4) ''DTSC" means Department of Toxic Substances Control.
(5) "EA" means enforcement agency as defined in PRC section 401 30.
(6) "Emergency Transfer/Processing Operation" means an operation
that is established because there has been a proclamation of a state of
emergency or local emergency, as provided in Title 14, Division 7, Chap-
ter 3, Article 3, sections 17210.1 (j) and (k) and which meets all of the
following requirements:
(A) the operation handles only disaster debris and other wastes, in ac-
cordance with section 17210.1(d), during the disaster debris recovery
phase; and
(B) the location does not currently have a solid waste facility permit;
(C) if the operation accepts, processes, or stores hazardous or house-
hold hazardous waste, then these activities must be in compliance with
DTSC standards or standards of other appropriate authorities or agen-
cies.
(7) "Hazardous Wastes" means any waste which meets the definitions
set forth in Title 22. section 66261.3, et seq. and is required to be man-
aged.
(8) "Large Volume Transfer/Processing Facility" means a facility that
receives 100 tons or more of solid waste per operating day for the purpose
of storing, handling or processing the waste prior to transferring the
waste to another solid waste operation or facility.
(A) In determining the tomiage of solid waste received by the facility,
the following materials shall not be included: materials received by a re-
cycling center located within the facility, and by beverage container re-
cycling programs in accordance with Public Resources Code sections
1451 1.7, 14518, or 14520, if the recycling activities are separated from
the solid waste handling activities by a defined physical barrier or where
the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the ton-
nage shall be determined by using a volumetric conversion factor where
one cubic yard is equal to 500 pounds. The EA shall approve an alternate
conversion factor if the operator demonstrates that it is more accurate
than the required conversion factor.
(9) "Limited Volume Transfer Operation" means an operation that re-
ceives less than 60 cubic yards, or 15 tons of solid waste per operating
day for the purpose of storing the waste prior to transferring the waste to
another solid waste operation or facility and which does not conduct pro-
cessing activities, but may conduct limited salvaging activities and vol-
ume reduction by the operator.
(A) In determining the tonnage of solid waste received by the opera-
tion, the following materials shall not be included: materials received by
a recycling center located within the operation, and by beverage contain-
er recycling programs in accordance with Public Resources Code sec-
tions 1451 1.7, 14518, or 14520, if the recycling activities are separated
from the solid waste handling activities by a defined physical barrier or
where the activities are otherwise separated in a manner approved by the
EA.
(B) If the operation does not weigh the solid waste received, then the
tonnage shall be determined by using a volumetric conversion factor
where one cubic yard is equal to 500 pounds. The EA shall approve an
alternate conversion factor if the operator demonstrates that it is more ac-
curate than the required conversion factor.
(10) "Litter" means all solid waste which has been improperly dis-
carded or which has migrated by wind or equipment away from the oper-
ations area. Litter includes, but is not limited to, convenience food, bever-
age, and other product packages or containers constmcted of steel,
aluminum, glass, paper, plastic, and other natural and synthetic materi-
als, thrown or deposited on the lands and waters of the state.
(11) "Medium Volume Transfer/Processing Facility" means a facility
that receives equal to or more than 60 cubic yards or 15 tons (whichever
[The next
is greater) of solid waste per operating day but less than 100 tons of solid
waste, for the purpose of storing or handling the waste prior to transfer-
ring the waste to another solid waste operation or facility; or a facility that
receives any amount of solid waste, up to 100 tons per operating day, for
the purpose of processing solid waste prior to transferring the waste to
another solid waste operation or facility.
(A) In determining the tonnage of solid waste received by the facility,
the following materials shall not be included: materials received by a re-
cycling center located within the facility, and by beverage container re-
cycling programs in accordance with Public Resources Code sections
1451 1.7, 14518, or 14520, if the recycling activities are separated from
the solid waste handling activities by a defined physical barrier or where
the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the ton-
nage shall be determined by using a volumetric conversion factor where
one cubic yard is equal to 500 pounds. The EA shall approve an alternate
conversion factor if the operator demonstrates that it is more accurate
than the required conversion factor.
(12) "Nuisance" includes anything which:
(A) is injurious to human health or is indecent or offensive to the
senses and interferes with the comfortable enjoyment of life or property,
and
(B) affects at the same time an entire community, neighborhood or any
considerable number of persons. The extent of annoyance or damage in-
flicted upon an individual may be unequal.
(13) "On-site" means located within the boundary of the operation or
facility.
(14) "Open burning" means the combustion of solid waste without:
(A) control of combustion air to maintain adequate temperature for ef-
ficient combustion,
(B) containment of the combustion reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion,
and
(C) control of the emission of the combustion products.
(15) "Operating day" means the hours of operation as set forth in the
application, Enforcement Agency Notification and/or permit not exceed-
ing 24 hours.
(16) "Operating Record" means an easily accessible collection of re-
cords of an operation's or facility's activities and compliance with re-
quired state minimum standards under Title 14. The Record may include
the Facility Plan or Transfer/Processing Report for facilities, and shall
contain but is not limited to containing: agency approvals, tonnage and
loadchecking records, facility contacts and training history. The record
may be reviewed by state and local authorities and shall be available dur-
ing normal business hours. If records are too voluminous to place in the
main operating record or if the integrity of the records could be compro-
mised by on-site storage, such as exposure to weather, they may be main-
tained at an alternative site, as long as that site is easily accessible to the
EA.
(17) "Operations Area" means:
(A) the following areas within the boundary of an operation or facility
as described in the permit application or Enforcement Agency Notifica-
tion:
(i) equipment management area, including cleaning, maintenance,
and storage areas; and
(ii) material and/or solid waste management area, including unload-
ing, handling, transfer, processing, and storage areas.
(B) the boundary of the operations area is the same as the permitted
boundary but may or may not be the same as the property boundary.
( 1 8) "Operator" means the owner, or other person who through a lease,
franchise agreement or other arrangement with the owner, that is listed
in the permit application or Enforcement Agency Notification, is legally
responsible for all of the following:
(A) complying with regulatory requirements set forth in these Ar-
ticles;
(B) complying with all applicable federal, state and local require-
ments;
page is 739.]
Page 738.20
Register 2007, No. 11; 3-16-2007
Title 14
California Integrated Waste Management Board
§ 17402.5
(C) the design, constmction, and physical operation of the operations
area;
(D) controJling the activities at an operation or facility as listed on the
permit application or Enforcement Agency Notification.
(19) "Owner" means the person or persons who own, in whole or in
part, an operation or facility, and/or the land on which it is located.
(20) "Processing" means the controlled separation, recovery, volume
reduction, conversion, or recycling of solid waste including, but not lim-
ited to, organized, manual, automated, or mechanical sorting, the use of
vehicles for spreading of waste for the purpose of recovery, and/or in-
cludes the use of conveyor belts, sorting lines or volume reduction equip-
ment. Recycling Center is more specifically defined in section 17402.5
(d) of this Article.
(21) "Putrescible Wastes" include wastes that are capable of being de-
composed by micro-organisms with sufficient rapidity as to cause nui-
sances because of odors, vectors, gases or other offensive conditions, and
include materials such as, but not limited to food wastes, offal and dead
animals. The EA shall determine on a case-by-case basis whether or not
a site is handling putrescible wastes.
(22) "Regulated Hazardous Waste" means a hazardous waste, as de-
fined in section 66260.10 of Division 4.5 of Title 22.
(23) "RWQCB" means the Regional Water Quality Control Board.
(24) "Salvaging" means the controlled separation of solid waste mate-
rial which do not require further processing, for reuse or recycling prior
to transfer activities.
(25) "Scavenging" means the uncontrolled and/or unauthorized re-
moval of solid waste materials.
(26) "Sealed Container Transfer Operation" means a transfer opera-
tion that meets the following requirements:
(A) handles only solid waste that has previously been placed within
containers that have either a latched, hard top or other impermeable cover
which is closed tightly enough to:
(1 ) prevent liquid from infiltrating into or leaking out of the container;
and
(2) prevent the propagation and migration of vectors; and,
(i) the solid waste remains within the unopened containers at all times
while on-site; and,
(ii) the containers are not stored on-site for more than 96 hours. Sealed
container transfer operations do not include operations excluded by Pub-
lic Resources Code section 40200(b)(3).
(27) "Special Waste" includes but is not Umited to:
(A) waste requiring special collection, treatment, handling, storage, or
transfer techniques as defined in Title 22, section 66260.10.
(B) waste tires and appliances requiring CFC removal.
(28) "Spotter" means an employee who conducts activities that in-
clude, but are not limited to, traffic control, hazardous waste recognition
and removal for proper handling, storage and transport or disposal, and
protection of the public from health and/or safety hazards.
(29) "Store" means to stockpile or accumulate for later use.
(30) "Transfer/Processing Facility" or "Facility" includes:
(A) those activities governed by the Registration Permit tier or Full
Solid Waste Facility Permit requirements (as specified in sections
17403.6 and 17403.7); and,
(B) which:
1. receive, handle, separate, convert or otherwise process materials in
solid waste; and/or
2. transfer solid waste directly from one container to another or from
one vehicle to another for transport; and/or
3. store solid waste;
(C) The receipt of separated for reuse material pursuant to Public Re-
sources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or
14520, located within a solid waste facility does not constitute solid
waste handling, or processing, if there is a defined physical barrier to sep-
arate recycling activities defined in Pubhc Resources Code, Division
12.1, Chapter 2, sections 1451 1.7, 14518, or 14520, from the solid waste
activities, or where the recycling and solid waste activities are considered
by the EA as separate operations.
(D) "Transfer/Processing Facilities" do not include activities specifi-
cally defined in section 17402.5(c) of this Article, and operations and fa-
cilities that are subject to regulations in Chapter 3.1 (commencing with
section 17850).
(31) "Transfer/Processing Operafion" or "Operation" includes:
(A) those activities governed by the EA Notification tier requirements;
and,
(B) which:
1 . receive, handle, separate, convert or otherwise process materials in
solid waste; and/or
2. transfer solid waste directly from one container to another or from
one vehicle to another for transport; and/or
3. store sohd waste;
(C) The receipt of separated for reuse material pursuant to Public Re-
sources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or
14520, located within a solid waste operation does not constitute solid
waste handling, or processing, if there is a defined physical barrier to sep-
arate recycling activities defined in Pubhc Resources Code, Division
12.1 , Chapter 2, sections 1451 1.7, 14518, or 14520, from the solid waste
activities, or where the recycling and solid waste acfi vities are considered
by the EA as separate operations.
(D) "Transfer/Processing Operations" do not include activities specif-
ically defined in section 17402.5(c) of tliis Article, and operafions and fa-
cilities that are subject to regulations in Chapter 3.1 (commencing with
section 17850).
(32) "Volume Reduction" means techniques such as: compaction,
shredding, and baling.
(33) "Waste Hauling Yard Operation" is an operation that meets the
following requirements:
(A) is located on the premises of a duly licensed solid waste hauling
operator, who receives, stores, or transfers waste as an activity incidental
to the conduct of a refuse collection and disposal business, and;
(B) handles only solid waste that has been placed within a covered
container before the container arrives at the waste hauling yard, and;
(C) no more than 90 cubic yards of waste is stored on-site in covered
containers at any time, and;
(D) the solid waste remains within the original covered containers
while on-site at any times, and;
(E) the covered containers are not stored on-site for more than any 72
hour period;
(F) if the EA has information that the operation does not meet these
requirements, the burden of proof shall be on the owner or operator to
demonstrate that the requirements are being met.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11 343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 1 1).
3. Amendment of subsections (a)(30)(D) and (a)(31)(D) filed 8-13-2001 as an
emergency; operative 2-11-2002 (Register 2001, No. 33). A Certificate of
Compliance must be transmitted to OAL by 7-1 1-2002 or emergency language
will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(30)(D) and (a)(31)(D) refiied 6-13-2002 as an
emergency; operative 6-13-2002 (Register 2002, No. 24). A Certificate of
Compliance must be transmitted to OAL by 10-11-2002 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1 3-2002 order, including amendment of sub-
section (a)(21), transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register
2002, No. 40).
§ 17402.5. Definitions and Related Provisions Regarding
Activities That Are Not Subject to the
Transfer/Processing Regulatory Requirements.
(a) This section sets forth definitions and related provisions regarding
acdvities that are not subject to the requirements of Articles 6.0, 6. 1 , 6.2,
6.3 and 6.35 of this Chapter.
(1) Activities that are not in compliance with the apphcable definitions
and related provisions of this section shall be subject to the requirements
of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
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§ 17402.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) The definitions and related provisions of this section are for use
only to determine the applicability of Articles 6.0, 6.1. 6.2, 6.3 and 6.35
of this Chapter.
(b) The following general definitions may apply to one or more of the
activities that are more specifically defined in subdivisions (c) and (d) of
this section.
(1) "Residual" means the solid waste destined for disposal, further
transfer/processing as defined in section 1 7402(a)(30) or (3 1 ) of this Ar-
ticle, or transformation which remains after processing has taken place
and is calculated in percent as the weight of residual divided by the total
incoming weight of materials.
(2) "Reuse" means the use, in the same, or similar, form as it was pro-
duced, of a material which might otherwise be discarded.
(3) "Separated for Reuse" means materials, including commingled re-
cyclables, that have been separated or kept separate from the solid waste
stream for the purpose of additional sorting or processing those materials
for recycling or reuse in order to return them to the economic mainstream
in the form of raw material for new, reused, or reconstituted products
which meet the quality standards necessary to be used in the marketplace,
and includes materials that have been "source separated".
(4) "Source Separated" means materials, including commingled re-
cyclables, that have been separated or kept separate from the solid waste
stream, at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards neces-
sary to be used in the marketplace.
(c) Activities included in one of the following definitions are not sub-
ject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chap-
ter, provided that these activities do not include the acceptance of solid
waste which has not been separated for reuse. If an activity defined in this
section is accepting solid waste which has not been separated for reuse,
it must meet the requirements of subdivision (d) of this section or else it
shall be subject to the requirements of Articles 6.0, 6. 1, 6.2, 6.3 and 6.35
of this Chapter.
(1) "Auto Dismantler" means a person or business entity engaged in
the business of buying, selling, or dealing in vehicles including nonrep-
airable vehicles, for the purpose of dismantling the vehicles, buying or
selling the integral parts and component materials thereof, in whole or in
part, or dealing in used motor vehicle parts pursuant to California Vehicle
Code, section 220.
(2) "Auto Shredder" or "Metal Shredder" means a person or business
entity that accepts scrap metal, typically automobiles and white goods,
and mechanically rends that scrap metal into fist sized bits and pieces and
separates the ferrous metals, nonferrous metals and other materials for
the purpose of recycling.
(3) "Buy Back Center" means a person or business entity engaging in
those activities defined in Public Resources Code Sections 14518, or
14520.
(4) "Drop-off Center" means a person or business entity engaging in
those activities defined in Pubhc Resources Code Section 14511.7.
(5) "Manufacturer" means a person or business entity that uses new or
separated for reuse materials as a raw material in making a finished prod-
uct that is distinct from those raw materials.
(6) "Regional Produce Distribution Center" means a distribution cen-
ter that receives unsold produce (sometimes referred to as "pre-consum-
er") back from stores to which it originally sent the produce, for the pur-
pose of transferring this produce to a compost operafion or facility, or to
abeneficial use. A regional produce distribution center would not include
a site where produce is processed.
(7) "Rendering Plant" means a person or business entity where dead
animals or any part or portion thereof, vegetable oils, or packing house
refuse, are processed for the purpose of obtaining the hide, skin, grease
residue, or any other byproduct whatsoever.
(8) "Reuse Salvage Operafion" means a person or business entity
which sterilizes, dismantles, rebuilds, or renovates, nonputrescible sepa-
rated-for-reuse materials, and that recovers for recycling or reuse dis-
Unct material types that have not been commingled with other materials
before they enter the waste stream. Examples of this activity include, but
are not limited to, wire choppers, and dismantlers of furniture and mat-
tresses, and "brown goods" such as computer equipment, VCRs, and
televisions.
(9) "Scrap Metal Recyclers and Dealers" means a person or business
entity including all employees of the person or business entity, (except
automotive recyclers and auto shredders as defined in this section),
whose primary business is the purchasing; processing by shredding,
shearing, baling, and torching; trading, bartering or otherwise receiving
secondhand or castoff metal material which includes ferrous metals, non-
ferrous metals, aluminum scrap, auto bodies, major apphances and other
metals, including containers that are regulated pursuant to Public Re-
sources Code Sections 14511.7, 14518 or 14520.
(10) "Wire Chopper" means a person or business entity which uses
source separated metal components or wire for the purpose of recycling
or reuse.
(11) "Wood, Paper or Wood Product Manufacturer" means a person
or business entity that uses separated for reuse paper or woody materials
in order to produce a finished product able to be used as is, or to manufac-
ture another product such as. boxes or boards, without further processing.
(d) A "Recycling Center" means a person or business entity that meets
the requirements of this subdivision. A recycling center shall not be sub-
ject to the requirements of Articles 6.0, 6. 1 , 6.2, 6.3 and 6.35 of this Chap-
ter.
(1) A recycling center shall only receive material that has been sepa-
rated for reuse prior to receipt.
(2) The residual amount of solid waste in the separated for reuse mate-
rial shall be less than 10% of the amount of separated for reuse material
received by weight.
(A) The residual amount is calculated by measuring the outgoing ton-
nage after separated for reuse materials have been removed.
(B) The residual amount is calculated on a monthly basis based on the
number of operafing days.
(3) The amount of putrescible wastes in the separated for reuse materi-
al shall be less than 1% of the amount of separated for reuse material re-
ceived by weight, and the putrescible wastes in the separated for reuse
material shall not cause a nuisance, as determined by the EA.
(A) The amount of putrescible wastes is calculated in percent as the
weight of putrescible wastes divided by the total incoming weight of sep-
arated for reuse material.
(B) The amount of putrescible wastes is calculated on a monthly basis
based on the number of operating days.
(4) The only separation that may occur at the recycling center is the
sorfing of materials that have been separated for reuse prior to receipt.
(5) The recycling center may include an adjustment in the calculation
to include the weight of water in the residual, when the use of water is
essential to the sorting or processing of the material, provided that such
an adjustment is also made in the weight of materials received for pro-
cessing.
(6) The following materials shall not be included in calculating residu-
al as set forth in subdivision (d)(2) of this section, if the recycling acfivi-
ties are separated from the material handling acfivities noted below by a
defined physical barrier or where the activities are otherwise separated
in a manner that the EA determines will keep the materials from being
commingled:
(A) materials received at an on-site Buy Back Center;
(B) materials received at an on-site Drop-off Center;
(C) cannery waste;
(D) conslrucfion and demolition materials;
(E) nonhazardous contaminated soil;
(F) grease-trap pumpings;
(G) nonhazardous asbestos;
(H) nonhazardous ash;
(I) compost and compost feedstock;
(J) sewage sludge;
(K) fires.
(7) If the EA has information that material that is being received is not
separated for reuse or source separated, that the residual is 10% or more
Page 740
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California Integrated Waste Management Board
§ 17403.0
•
of the total per month, or that the amount of putrescible wastes is 1% or
more of the total per month, the burden of proof shall be on the owner or
operator to demonstrate otherwise.
(A) A business that accepts loads of material that are not separated for
reuse or source separated does not qualify as a recycling center.
(B) If the EA has reason to believe that a business is accepting material
that is not separated for reuse or source separated due to the averaging or
combining of those loads with other loads of separated for reuse material,
the burden of proof will be on the business to demonstrate that it is not
accepting loads of mixed solid waste.
(C) If the EA has reason to believe that a business is accepting material
that is not separated for reuse or source separated due to the separation
of portions of the material at consecutive sites, each of which removes
less than 10% residual, the burden of proof will be on the business to dem-
onstrate that it is not accepting loads of mixed solid waste.
(D) If the EA determines that a business has exhibited a pattern and
practice of failing to comply with the provisions of this subsection, the
EA may issue a Notice and Order requiring the business to obtain a Regis-
tration Permit or Full Permit or comply with the Enforcement Agency
Notification requirements as made applicable in sections 17403 through
17403.7 of this Article.
(E) At the time that the EA requires a recycling center to provide evi-
dence that it is in compliance with this subdivision, the EA shall provide
the recycling center with a written description of the information that has
caused the EA to believe that the recycling center is not in compliance.
Nothing in this requirement is intended to require the EA to identify the
name or other identifying information regarding any individual(s) who
have complained about the recycling center.
(F) Nothing in this section precludes the enforcement agency or the
board from the following: inspecting a business to verify that it is con-
ducted in a manner that meets the provisions of this subsection; or, from
taking any appropriate enforcement action, including the use of a Notice
and Order as provided in Section 1 8304.
(8) Operations which do not meet the 10% residual percentage in sub-
division (d)(2) of this section but which qualify as a Limited Volume
Transfer Operation, shall comply with the requirements of section
17403.3 within one month of March 5, 1999.
(9) recycling center operators may voluntarily report their residual
percentage to the EA and the CIWMB using form CIWMB 607 (located
in Appendix A).
(10) If the EA determines that a person or business entity purporting
to operate a recycling center is not in compliance with this subsection and
issues an enforcement order, that person or business entity may appeal
that order in accordance with Public Resources Code section 44307.
(e) If a Chipping and Grinding Operation or Facility, as defined in sec-
tion 17852(a)(10) of this Division, handles material that fails to meet the
definition of green material due to contamination as set forth in section
17852(a)(21) of this Division, the operation or facility shall not be con-
sidered to be a recycling center as set forth in subsections (c) or (d) of sec-
tion 17402.5.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11 343.4(d) (Register 99, No. 1 1 ).
2. Amendment tiled 8-13-2001 as an emergency; operative 2-1 1-2002 (Register
2001, No. 33). A Certificate of Compliance must be transmitted to OAL by
7-1 1-2002 or emergency language will be repealed by operation of law on the
following day.
3. Amendment refiled 6-13-2002 as an emergency; operative 6-13-2002 (Regis-
ter 2002, No. 24). A Certificate of Compliance must be transmitted to OAL by
10-1 1-2002 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 6-13-2002 order, including further amendment
of section, transmitted to OAL 8-22-2002 and filed 9-30-2002 (Register 2002,
No. 40).
5. Change without regulatory effect amending subsection (e) filed 6-29-2004 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2004, No.
27).
§ 17403.0. Regulatory Tiers Requirements for
Transfer/Processing Operations and Facilities.
Sections 17403.1 through 17403.7 set forth the regulatory tier require-
ments (Title 14, Division 7, Chapter 5.0, Article 3.0, commencing with
section 1 8 1 00 or Title 27, Division 2, Subdivision 1 , Chapter 4, Subchap-
ter 3, Articles 2, 3 and 3.1 of the California Code of Regulations (com-
mencing with section 21570) that apply to specified types of transfer/
processing operations and facilities. These requirements are summarized
in Table 1 .
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note, and new Table 1 filed
3-5-99; operative 3-5-99 pursuant to Government Code section 11343.4(d)
(Register 99, No. 11).
Page 741
Register 2004, No. 27; 7-2-2004
§ 17403.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Table 1
Transfer/Processing Operations and Facilities
Placement into the Regulatory Tiers
Not Subject to Articles
6.0,6.1,6.2, 63 and 6.35
•Auto Dismantler Section
1 7402.5(c)(1)
•Auto Shredder Operations
Section 17402.5(c)(2)
•Buy Back Centers
Section 17402.5(c)(3)
•Drop-off Centers
Section 17402.5(c)(4)
•Manufacturers Section
17402.5(c)(5)
•Recycling Centers Section
17402.5(d)
•Rendering Plants Section
17402.5(c)(6)
•Reuse Salvage Operations
(includes furniture and
mattress dismantlers and
demanufacturers)
Section 17402.5(c)(7)
Excluded Tier
Enforcement Agency
Notification Tier
•Emergency
Transfer/Processing
Operations Section
17403.5
•Sealed Container
Transfer Operations
Section 17403.2
•Limited Volume
Transfer Operations
Section 17403.3
•Locations where <]5
cubic yards of
combined container
voluine is provided to
serve as multi-residence
receptacles for
residential refuse at the
place of generation.
Section 17403.1(a)(1)
•Locations where <15
cubic yards of
combined container volume
is handled for recycling.
Section 17403.1(a)(2)
•Storage receptacle at
the place of generation
for waste from multi-
residential buildings or
for contunercial solid wastes
Section 17403.1(a)(3)
•Containers used to
store construction or
demolition wastes at the
place of generation.
Section 17403(a)(4)
•Containers used to store
salvaged materials.
Section 17403.1(a)(5)
•Waste Hauling Yard
Operations. Section
17403.1(a)(6)
•Storage of Other
Wastes. Section
17403(l)(a)(7)
Note: There are no operations or facilities placed within the Standardized tier.
§ 1 7403.1 . Excluded Operations.
(a) The following operations do not constitute transfer operations or
facilities for the purposes of these Articles and are not required to meet
the requirements set forth herein:
(1) Locations where 15 cubic yards or less of combined container vol-
ume is provided to serve as multi-residence receptacles for residential re-
fuse and are located at the place of generation; or
(2) Locations where 1 5 cubic yards or less of combined container vol-
ume of separated for reuse material is handled for recycling; or
(3) Storage receptacles at the place of generation for waste from multi-
residential buildings or for commercial solid wastes at the place of gener-
ation; or
(4) Containers used to store construction or demolition wastes at the
place of generation; or
(5) Containers used to store salvaged materials; or
(6) Waste Hauling Yard Operations; or
(7) Storage and handling of any of the following wastes:
(A) Municipal solid waste removed from seagoing vessels that is quar-
antined in accordance with 7 Code of Federal Regulations section
330.400 and 9 Code of Federal Regulations section 94.5;
(B) Controlled substances confiscated by law enforcement agencies,
including, but not limited to seized narcotics and other contraband;
(C) Agricultural wastes with possible pest contamination;
(D) Dead animals with possible infectious diseases;
Registration Permit Tier
•Medium Volume
Transfer/Processing
Facility Section 17403.6
•Direct Transfer Facility
Section 17403.4
Full Solid Waste FacUity
Permit
•Large Volume
Transfer/Processing
Facility Section 17403.7
•Scrap Metal Recyclers and
Dealers Section 17402.5(c)(8)
•Wire Choppers Section
17402.5(c)(9)
•Wood, Paper, or Wood
Product Manufacturer
Section 17402.5(c)(10)
(E) U.S. Currency which must be destroyed; or
(F) Confidential records destruction, including microfiche, and micro-
film;
(G) As determined by the EA. other discrete waste streams that are al-
ready subject to stricter handling requirements under Federal or State
law.
(b) Nothing in this section precludes the EA from inspecting an ex-
cluded operation to verify that the operation is being conducted in a man-
ner that qualifies it as an excluded operation or from taking any appropri-
ate enforcement action. The burden of proof shall be on the owner or
operator to demonstrate that the operations are excluded pursuant to this
section.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
§ 1 7403.2. Sealed Containers Transfer Operations.
All sealed container transfer operations subject to this Article shall
comply with the Enforcement Agency Nodfication requirements set
forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of California Code
of Regulations (commencing with section 1 8100). These operations shall
be inspected by the EA, as necessary to verify compliance with minimum
standards. Inspecfions shall be conducted quarterly, unless the EA deter-
Page 742
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Title 14
California Integrated Waste Management Board
§ 17403.9
•
mines a lesser frequency is necessary, bat in no case shall the frequency
be less than annual. The operator shall specify the operation's boundary
area in the operating record.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 4302], Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1 343.4(d) (Register 96, No. 41 ).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 1 1).
§ 1 7403.3. Limited Volume Transfer Operations.
All limited volume transfer operations subject to this Article shall
comply with the Enforcement Agency Notification requirements set
forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California
Code of Regulations (commencing with section 18100). These opera-
tions shall be inspected by EA as necessary to verify compliance with
minimum standards. Inspections shall be conducted quarterly, unless the
EA determines a lesser frequency is necessary, but in no case shall the
frequency be less than annual. The operator shall specify the operation's
boundary area in the operating record.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 11).
§ 17403.4. Direct Transfer Facility.
All direct transfer facilities subject to this Article shall comply with the
Registration Permit requirements set forth in Title 14, Division 7, Chap-
ter 5.0, Article 3.0 of the California Code of Regulations (commencing
with section 18104). These facilities shall be inspected monthly by the
EA in accordance with PRC section 43218.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§ 17403.5. Emergency Transfer/Processing Operations.
(a) All emergency transfer/processing operations shall comply with
the Enforcement Agency Notification requirements set forth in Title 14,
Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations
(commencing with section 18100). These operations shall be inspected
by the EA as necessary to verify compliance with minimum standards,
but in no case shall the frequency be less than monthly. The operator shall
specify the operation's boundary area in the operating record.
(b) In addition, the emergency transfer/processing operations shall
meet the following requirements:
(1) the land owner has certified his/her knowledge of the proposed ac-
tivity and agrees to ensure proper termination, and;
(2) The operation shall not exist for a period of time greater than 120
days from the date that the Enforcement Agency Notification is received
by the EA. Upon receipt of the reports required by section 17210.5, the
operation may continue for an additional period as specified by the EA
to assist in the recovery and clean-up as necessary from a state or local
emergency.
(c) The emergency transfer/processing operation shall cease operation
should the EA determine that any of the following occurs:
(1) the emergency transfer/processing operation is not being used ex-
clusively to handle the state or local emergency;
(2) the emergency transfer/processing operation is no longer neces-
sary in accordance with section 17210.2 of this Division;
(3) the use of the emergency transfer/processing operation will cause
or contribute to a public health and safety or environmental problem;
(4) the operator is not utilizing disaster debris diversion programs to
the extent feasible.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
] . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 11).
§ 17403.6. Medium Volume Transfer/Processing Facilities.
All medium volume transfer/processing facilities subject to this Ar-
ticle shall comply with the Registration Permit requirements set forth in
Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of
Regulations (commencing with section 18104). These facilities shall be
inspected monthly by the EA in accordance with PRC section 43218.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11 343.4(d) (Register 99, No. 11).
§ 17403.7. Large Volume Transfer/Processing Facilities.
All large volume transfer/processing facilities subject to Articles 6.0
through 6.35 shall obtain a Full Solid Waste Facilities Permit, in accor-
dance with the procedures set forth in Title 27, Division 2, Subdivision
1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 of the California Code
of Regulations (commencing with section 21570). The Transfer/Proces-
sing Report required by section 1 8221 .6 shall constimte the Report of Fa-
cility Information required by section 21570(f)(2) of Title 27. These faci-
lities shall be inspected monthly by the EA in accordance with PRC
section 43218.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 11).
§17403.8. Facility Plan.
Each operator of a Medium Volume Transfer/Processing Facility, as
defined in section 17402(a)(l 1 ), or a Direct Transfer Facility, as defined
in section 17402(a)(3), shall file with the EA a "Facility Plan" or "Plan"
(as specified in section 18221.5). The information contained in the Plan
shall be reviewed by the EA to determine whether it is complete and cor-
rect as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section
18101.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§ 17403.9. Transfer/Processing Report.
(a) Each operator of a Large Volume Transfer/Processing facility, as
defined in section 1 7402(a)(8), shall file with the EA a "Transfer/Proces-
sing Report" or "Report" (as specified in section 18221.6). The Transfer/
Processing Report will be used in place of the Report of Station Informa-
tion (RSI) after March 5, 1999. Any operator of an existing facility who
submits an application package to the EA, pursuant to Title 27, section
21570, which proposes to change the facility's operations, or to change
the solid waste facility permit shall do one of the following:
(1) submit the updated information as an amendment to the existing
RSI or in the form of the Transfer/Processing Report; or
(2) submit a complete Transfer/Processing Report as described in sec-
tion 18221.6.
(b) After March 5, 1 999, any operator of a new facility that submits an
application package to the EA pursuant to Title 27, section 21570, shall
submit a complete Transfer/Processing Report pursuant to section
18221.6.
(c) These requirements do not apply to those facilities which have filed
an RSI and an application for a solid waste facility permit prior to March
5, 1999. In the event the EA determines the application package for the
RSI first submitted prior to March 5, 1999, to be incomplete, additional
informafion requested shall be submitted as part of the RSI and/or appli-
cation for a solid waste facility permit, as appropriate.
Page 743
Register 2002, No. 40; 10-4-2002
§ 17405.0
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 11).
§ 17405.0. Applicability of State Minimum Standards.
(a) Articles 6.0, 6A, 6.2, and 6.3 of this Chapter set forth the minimum
standards that apply to all transfer/processing operations and facilities,
direct transfer facilities, sealed container operations, limited volume
transfer operations, and emergency transfer/operations, except as noted
in Section 17400(a).
(b) Article 6.35 of this Chapter sets forth additional minimum stan-
dards that will apply only to transfer/processing facilities.
(c) Approvals, determinations and other requireinents that the EA is
authorized to make in Articles 6.0, 6.2, 6.3, and 6.35 shall be provided
in writing by the EA to the operator. The operator shall place a copy of
these approvals in addition to those records identified in sections 17414
and 17414.1 in the operating record.
(d) Some of the standards contained in Articles 6.0, 6.1, 6.2, 6.3, and
6.35 of this Chapter allow the EA to approve an alternative method of
compliance with the standard. These provisions are not intended to allow
the EA to change the particular standard, but are intended to allow the EA
flexibility to approve, in advance, an alternative method of meeting the
existing standard. For facilities that require a full solid waste facility per-
mit, the EA may choose to include the approved method as a term and
condition of the solid waste facility permit, rather than in the manner au-
thorized by subdivision (c) of this section. If the method is included in
the solid waste facility permit, a change to the method may require a revi-
sion to the solid waste facility permit in accordance with the procedures
set forth in Title 27, Division 2, Subdivision 1 , Chapter 4, Subchapter 3,
Articles 2, 3, and 3.1 (commencing with section 21570).
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
Article 6.1. Siting and Design
§ 1 7406.1 . Siting on Landfills.
(a) Operations and facilities or portions thereof, located atop fully or
partially closed solid waste landfills shall meet postclosure land use re-
quirements pursuant to Title 27, California Code of Regulations, section
21190.
(b) Operations and facilities or portions thereof, located on intermedi-
ate cover on a solid waste landfill shall locate operations areas on founda-
tion substrate that is stabilized, either by natural or mechanical compac-
tion, to minimize differential settlement, ponding, soil liquefaction, or
failure of pads or structural foundations.
(c) Operations and facilities or portions thereof, located on intermedi-
ate cover on a solid waste landfill shall be operated in a manner not to in-
terfere with the operations of the landfill or with the closure or postclo-
sure maintenance of the landfill.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. Newarticle6.1 (sections 17406.1-17406.2) and section filed 10-1 1-96; opera-
tive 10-1 1-96 pursuant to Government Code section 1 1 343.4(d) (Register 96,
No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1 343.4(d) (Register 99, No. 1 1).
§ 17406.2. General Design Requirements.
(a) The design of a new operation or facility shall utilize expert advice,
as appropriate, from persons competent in engineering, architecture,
landscape design, traffic engineering, air quality control, and design of
structures.
(b) The design shall be based on appropriate data regarding the ex-
pected service area, anticipated nature and quantity of wastes to be re-
ceived, climatological factors, physical settings, adjacent land use (exist-
ing and planned), types and number of vehicles anticipated to enter the
operation or facility, adequate off-street parking facilities for transfer ve-
hicles, drainage control, the hours of operation and other pertinent infor-
mation. If the operation or facility is to be used by the general public, the
design shall take account of safety features that may be needed to accom-
modate such public use.
(c) The operation or facility shall be designed in such a inanner as to
restrict the unloading area to as small an area as practicable, provide ade-
quate control of windblown material, minimize the propagation or attrac-
tion of flies, rodents or other vectors and the creation of nuisances by rea-
son of solid wastes being handled at the operation. Other factors which
shall be taken into consideration are: dust control, noise control, public
safety, and other pertinent matters related to the protection of public
health at the operation or facility.
(d) In reviewing the design of a proposed operation or facility, the EA
may require the applicant to describe how he or she has complied with
applicable local and state requirements regarding odor control measures,
personnel health and safety, and sanitary facilities.
(e) Solid waste storage containers shall be durable, easily cleanable,
designed for safe handling, and constructed to prevent loss of wastes
from the container during storage. If such a container is used to store gar-
bage, other wet or liquid producing wastes, or wastes composed of fine
particles, such container shall in all cases be nonabsorbent and leak-re-
sistant. Unloading areas shall be easily cleanable, designed for safe han-
dling and constructed to prevent loss of wastes.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 1 1).
Article 6.2. Operating Standards
§ 17407.1. Burning Wastes and Open Burning.
(a) If burning wastes are received at an operation or facility, they shall
be separated from other wastes and deposited in a safe area, spread, and
extinguished. A safe area is defined as being away from unloading, trans-
fer, or processing areas, structures on adjacent properties and other fire
hazard areas.
(b) Open burning of solid waste, except for the infrequent burning of
agricultural wastes, silvicultural wastes, landclearing debris, diseased
trees, or debris from emergency clean-up operations, or any other wastes
as approved by local regulatory agencies, approved by the EA, local air
district, and local fire department, is prohibited at all operations and faci-
lities.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New article 6.2 (sections 17407.1-17410.4) and section filed 10-1 1-96; opera-
tive 10-1 1-96 pursuant to Government Code section 1 1 343.4(d) (Register 96,
No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative
3-5-99 pursuant to Government Code section 1 1 343.4(d) (Register 99, No. 11).
§17407.2. Cleaning.
(a) Operations, facilities, and their equipment, boxes, bins, pits and
other types of containers shall be cleaned using the following schedule,
or at a lesser frequency, approved by the EA, in order to prevent the prop-
agation or attraction of flies, rodents, or other vectors:
(1) all operations and facilities shall be cleaned each operating day of
all loose materials and litter;
Page 744
Register 2002, No. 40; 10-4-2002
Title 14
California Integrated Waste Management Board
§ 17408.5
(2) all operations or facilities that operate 24 hours per day must clean
the operations or facilities at least once every 24 hours.
(b) The entrance and exit shall be cleaned at a frequency which pre-
vents the tracking or off-site migration of waste materials.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
HtSTORY
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and NOTE filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
§17407.3. Drainage Control.
(a) Drainage at all operations and facilities shall be controlled to:
(1) minimize the creation of contact water;
(2) prevent to the greatest extent possible given existing weather con-
ditions, the uncontrolled off-site migration of contact water;
(3) protect the integrity of roads and structures;
(4) protect the public health; and
(5) prevent safety hazards and interference with operations.
NOTE: Authority cited: Sections 40502, 43020 and 43021. Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and NOTE filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 1 1).
§17407.4. Dust Control.
(a) The operator shall take adequate measures to minimize the cre-
ation, emission, or accumulation of excessive dust and particulates, and
prevent other safety hazards to the public caused by obscured visibility.
The operator shall minimize the unnecessary handling of wastes during
processing to prevent the creation of excessive dust. Measures to control
dust include, but are not limited to: reduced processing, periodic sweep-
ing and cleaning, misting systems or ventilation control. One or more of
the following may be an indication that dust is excessive:
(1) safety hazards due to obscured visibility; or
(2) irritation of the eyes; or
(3) hampered breathing;
(4) migration of dust off-site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 1 1).
§ 17407.5. Hazardous, Liquid, and Special Wastes.
(a) An operation or facility shall not intentionally accept or store haz-
ardous wastes, including batteries, oil, paint, and special wastes, unless
it has been approved to handle the particular waste by the appropriate reg-
ulatory agencies. Such approvals shall be placed in the operating record.
(b) At operations and facilities where unauthorized hazardous wastes
are discovered, control measures as are necessary to protect public
health, safety and the environment, such as elimination or control of
dusts, fumes, mists, vapors or gases shall be taken prior to isolation or re-
moval from the operation or facility,
(c) Liquid wastes and sludges shall not be accepted or stored at an op-
eration or facility unless the operator has written approval to accept such
wastes from the appropriate agencies and the EA. The EA shall authorize
acceptance of these wastes only if the operation, facility, and the transfer
vehicles are properly equipped to handle such wastes in a manner to pro-
tect public health, safety, and the environment.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section heading, repealer and new section and amendment of
Note filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§17407.6. Liquid Wastes.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96: operative lO-il-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17408.1. Litter Control.
Litter at operations and facihties shall be controlled, and routinely col-
lected to prevent safety hazards, nuisances or similar problems and off-
site migration to the greatest extent possible given existing weather con-
ditions.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code secfion 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operafive 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 11).
§ 1 7408.2. Medical Wastes.
Medical waste, unless treated and deemed to be solid waste, which is
regulated pursuant to the Medical Waste Management Act (commencing
with Section 117600 of the Health and Safety Code), shall not be ac-
cepted at an operation or facility, unless approved by the appropriate reg-
ulatory agency.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operafive 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operafive 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 1 1).
§17408.3. Noise Control.
Noise shall be controlled to prevent health hazards and to prevent nui-
sance to nearby residents. Measures to control noise include but are not
limited to: posting of warning signs that recommend or require hearing
protection; separation by barriers that limit access to authorized person-
nel only; or, enclosures to reduce noise transmission. Compliance with
specific provisions regarding noise control in a local land use approval,
such as a conditional use permit or CEQA mitigation measures, shall be
considered compliance with this standard.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40053, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 10-11-96; operafive 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operafive 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 1 1).
§17408.4. Non-Salvageable Items.
Drugs, cosmetics, foods, beverages, hazardous wastes, poisons, medi-
cal wastes, syringes, needles, pesticides and other materials capable of
causing public health or safety problems shall not be salvaged at opera-
tions or facilities unless approved by the local health agency and the EA.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40053, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 10-11-96; operative 10-11-96 pursuant to Goveminent
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operafive 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
§17408.5. Nuisance Control.
Each operation and facility shall be conducted and maintained to pre-
vent the creation of a nuisance. Compliance with specific provisions re-
garding nuisance control in a local land use approval, such as a condition-
al use permit or CEQA mitigation measures, shall be considered
compliance with this standard.
Page 744.1
Register 2002, No. 40; 10-4-2002
§ 17408.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 40.'=i02, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code section 11343.4(d) (Register 99, No. 1 1).
§17408.6. Maintenance Program.
All aspects of the operation or facility shall be inaintained in a state of
good repair. The operator shall implement a preventative maintenance
program to monitor and proinptly repair or correct deteriorated or defec-
tive conditions.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note tiled 3-5-99; operative
3-5-99 pursuant to Government Code section 11343.4(d) (Register 99, No, 1 1).
§ 17408.7. Personnel Health and Safety.
The Injury, Illness, and Prevention Program (IIPP) sfiall be available
for review by local and state inspectors during normal business hours.
Nothing in this section is intended to make the EA responsible for enforc-
ing the IIPP.
NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Repealer and new section and amendment of Note filed 3-5-99; operative
3-5-99 pursuant to Govemment Code section 1 1343.4(d) (Register 99, No. 11).
§17408.8. Protection of Users.
An operation or facility shall be designed, constructed, operated, and
maintained so that contact between the public and solid wastes is mini-
mized. This may be accomplished through the use of railings, curbs,
grates, fences, and/or spotters.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code section 1 1343.4(d) (Register 99, No. 1 1).
§17409.1. Roads.
All on-site roads and driveways shall be designed and maintained to
minimize the generation of dust and tracking of soil onto adjacent public
roads. Such roads shall be kept in safe condition and maintained to allow
vehicles utilizing the operation or facility to have reasonable all-weather
access to the site.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code section 11343.4(d) (Register 99, No. 11).
§17409.2. Sanitary Facilities.
The operator shall maintain all sanitary and hand-washing facilities
which may be required, by applicable state or local requirements, in a rea-
sonably dean and adequately supplied condition.
NOTE: Authority cited; Sections 40502, 43020 and 43021, Public Resources
Code. Reference; Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Repealer and new section and amendment of Note filed 3-5-99; operative
3-5-99 pursuant to Govemment Code section 11343.4(d) (Register 99, No. 11).
§ 17409.3. Scavenging and Salvaging.
Each operation or facility shall meet the following requirements:
(a) scavenging shall be prohibited;
(b) salvaging of materials, such as metal, paper, glass and cardboard
is permitted as an integral part of the operation, subject to conditions es-
tablished by the EA, the local land use authority, or other approving agen-
cies.
(c) salvaging activities shall be conducted in a planned and controlled
manner and not interfere with other aspects of site operation. Activities
shall be conducted so as not to interfere with expeditious entry and exit
of vehicles delivering waste to the transfer or processing operation or fa-
cility. Salvaging activities conducted at a transfer/processing operation
or facility shall be confined to specified, clearly identified areas of the op-
eration or facility, and controlled to prevent health, safety or nuisance
problems;
(d) storage of materials salvaged from solid wastes shall be ancillary
to the activities of the operation or facility unless such storage is planned
as an integral part of the operation. Materials salvaged on-site shall be
stored away from other activity areas in specified, clearly identifiable
areas as noted in the Facility Plan or Transfer/Processing Report. They
shall be arranged to minimize risk of fire, health and safety hazard, vector
harborage, or other hazard or nuisance, and limited to a specified volume
and/or duration as described in the Enforcement Agency Notification,
Facility Plan, or Transfer/Processing Report.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference; Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Govemment
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code section 1 1343.4(d) (Register 99, No. 11).
§17409.4. Signs.
(a) For operations or facilities not open to the public, each point of ac-
cess from a public road shall be posted with an easily visible sign indicat-
ing the operation or facility name and location of nearest public operation
or facility.
(b) If the operation or facihty is open to the public, there shall be an
easily visible sign at all public entrances indicating the name of the opera-
tor, the operator's telephone number, schedule of charges, hours of oper-
ation, and a listing of the general types of materials which either (1)
WILL be accepted, or (2) WILL NOT be accepted.
NOTE: Authority cited; Sections 40502, 43020 and 43021, Public Resources
Code. Reference; Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Govemment
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code section 11343.4(d) (Register 99, No. 1 1).
§17409.5. Loadchecking.
(a) The operator of an attended operation or facility shall implement
a loadchecking program to prevent the acceptance of waste which is pro-
hibited by this Article. This program must include at a minimum:
(1) the number of random loadchecks to be performed;
(2) a location for the storage of prohibited wastes removed during the
loadchecking process that is separately secured or isolated;
(3) records of loadchecks and the training of personnel in the recogni-
tion, proper handling, and disposition of prohibited waste. A copy of the
loadchecking program and copies of the loadchecking records for the last
year shall be maintained in the operating record and be available for re-
view by the appropriate regulatory agencies.
NOTE: Authority cited; Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operafive 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§17409.6. Parking.
Adequate off-street parking area(s) shall be provided, if necessary, for
transfer vehicles. Compliance with specific provisions regarding ade-
Page 744.2
Register 2002, No. 40; 10-4-2002
Title 14
California Integrated Waste Management Board
§ 17413
quacy of off-street parking in a local land use approval, such as a condi-
tional use permit or CEQA mitigation measures, shall be considered
compliance with this standard.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021. Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 11).
§ 1 741 0.1 . Solid Waste Removal.
(a) All solid wastes shall be removed at the following frequencies or
at an alternate frequency approved by the EA, in order to prevent the
propagation or attraction of flies, rodents or other vectors:
(1 ) operations shall remove solid wastes accepted at the site within 7
days from the date of receipt;
(2) facilities shall remove solid waste accepted at the site within 48
hours from the time of receipt.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1 343.4(d) (Register 96, No. 41 ).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
§ 17410.2. Supervision and Personnel.
The operator shall provide adequate supervision and a sufficient num-
ber of qualified personnel to ensure proper operation of the site in com-
pliance with all applicable laws, regulations, permit conditions and other
requirements. The operator shall notify the EA in writing of the name, ad-
dress and telephone number of the operator or other person responsible
for the operation. A copy of the written notification shall be placed in the
operating record.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of section heading, section and Note filed 3-5-99; operative
3-5-99 pursuant to Government Code section 1 1 343.4(d) (Register 99, No. II).
§17410.3. Training.
Personnel assigned to the operation or facility shall be adequately
trained in subjects pertinent to site solid waste operations and mainte-
nance, hazardous materials recognition and screening, use of mecha-
nized equipment, environmental controls, emergency procedures and the
requirements of this Article. A record of such training history shall be
maintained and made available for inspection.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 11343.4(d) (Register 96. No. 41).
2. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 11).
§ 17410.4. Vector, Bird and Animal Control.
The operator shall take adequate steps to control or prevent the propa-
gation, harborage and attraction of flies, rodents, or other vectors, and
animals, and to minimize bird attraction.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 10-11-96; operative 10-11-96 pursuant to Government
Code section 1 1343.4(d) (Register 96, No. 41).
2. Amendment of secfion heading, section and Note filed 3-5-99; operative
3-5-99 pursuant to Government Code section 1 1 343 .4(d) (Register 99, No. 1 1 ).
STATION APPROVAL
§ 17411. Written Approval Required.
History
1. Repealer filed 2-21-78; effective thirtieth day thereafter (Register 78, No. 8).
§ 17412. Compliance with Conditions.
History
1 . Repealer filed 2-2 1-78; effective thirtieth day thereafter (Register 78, No. 8).
§ 17413. Conformance with Plan.
History
1. Repealer filed 10-11-96; operative 10-11-96 pursuant to Government Code
section 1 1343.4(d) (Register 96, No. 41).
[The next page is 744.3.]
Page 744.2(a)
Register 2002, No. 40; 10-4-2002
Title 14
California Integrated Waste Management Board
§ 17418.2
Article 6.3. Record Keeping Requirements
§ 17414. Record Keeping Requirements.
Each operator shall meet the following requirements:
(a) each operator shall maintain records of incoming weights or vol-
umes and outgoing salvage or residual weights or volumes in a form and
manner approved by the EA. Such records shall be: submitted to the EA
or CIWMB upon request; be adequate for overall planning and control
purposes; and, be as current and accurate as practicable;
(b) all records required by this Article shall be kept by the operator in
one location and accessible for three (3) years and shall be available for
inspection by the EA and other duly authorized regulatory agencies dur-
ing normal working hours.
(c) the operator shall submit copies of specified records to the EA upon
request or at a frequency approved by the EA;
(d) the operator shall maintain a daily log book or file of special occur-
rences encountered during operations and methods used to resolve prob-
lems arising from these events, including details of all incidents that re-
quired implementing emergency procedures. Special occurrences shall
include but are not limited to: fires, injury and property damage, acci-
dents, explosions, receipt or rejection of prohibited wastes, lack of suffi-
cient number of personnel pursuant to section 17410.2, flooding, earth-
quake damage and other unusual occurrences. In addition, the operator
shall notify the EA by telephone within 24 hours of all incidents requiring
the implementation of emergency procedures, unless the EA determines
that a less immediate form of notification will be sufficient to protect pub-
lic health and safety and the environment;
(e) the operator shall record any written public complaints received by
the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person
or persons making the complaint, and
(4) any actions taken to respond to the complaint;
(f) the operator shall maintain a copy of the written notification to the
EA and local health agency of the name, address and telephone number
of the operator or other person(s) responsible for the operations as re-
quired by section 17410.2;
(g) The operator shall maintain records of employee training as re-
quired by section 17410.3;
(h) all transfer/processing operations and facilities shall maintain re-
cords as required by section 18809 et seq.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New article 6.3 (section 17414) and section filed 10-11-96; operative
] 0-1 1-96 pursuant to Government Code section 1 1343.4(d) (Register 96, No.
41).
2. Amendment of section heading, section and Note filed 3-5-99; operative
3-5-99 pursuant to Government Code section 1 1 343 .4(d) (Register 99, No. 1 1 ).
§ 17414.1. Documentation of Enforcement Agency
Approvals, Determinations, and Requirements.
Approvals, determinations, and other requirements the EA is autho-
rized to make under this Subchapter shall be provided in writing to the
operator and placed in the operating record by the operator.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
Article 6.35. Additional Operating
Requirements for Facilities Only.
§ 1 741 5.1 . Communications Equipment.
Each facility shall have adequate communication equipment available
to site personnel to allow quick response to emergencies.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
]. New article 6.35 (sections 17415.1-17419.2) and section filed 3-5-99; opera-
tive 3-5-99 pursuant to Government Code section 1 1 343.4(d) (Register 99, No.
11).
§ 17415.2. Fire Fighting Equipment.
Each Facility shall have fire suppression equipment continuously
available, properly maintained and located as required by the local tire
authority.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§ 1 741 6.1 . Housekeeping.
The operator shall provide adequate housekeeping for the mainte-
nance of facility equipment and shall minimize accumulations of fuel
drums, inoperable equipment, parts, tires, scrap, and similar items.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§17416.2. Lighting.
The facility and/or equipment shall be equipped with adequate light-
ing, either through natural or artificial means, to ensure the ability to
monitor incoming loads, effectiveness of operations, and public health,
safety and the environment.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§17416.3. Equipment.
Equipment shall be adequate in type, capacity and number, and suffi-
ciently maintained to allow the facility to meet all requirements of Ar-
ticles 6.3 and 6.35 of these standards.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 1 1).
§17418.1. Site Security.
The facility shall be designed to discourage unauthorized access by
persons and vehicles through the use of either a perimeter barrier or topo-
graphic constraints.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§17418.2. Site Attendant.
A facility open to the public shall have an attendant present during
public operating hours or the facility shall be inspected by the operator
on a regularly scheduled basis as approved by the EA to ensure that it
meets all of the requirements of Articles 6.2, 6.3 and 6.35.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
Page 744.3
Register 99, No. 11; 3-12-99
§ 17418.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1 343.4(d) (Register 99, No. 1 1).
§ 1 741 8.3. Traffic Control.
(a) Traffic flow through the facility shall be controlled to prevetit the
following:
(1) interference with or creation of a safety hazard on adjacent public
streets or roads,
(2) on-site safety hazards, and
(3) interference with operations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 99, No. 11).
§17419.1. Visual Screening.
The facility shall have appropriate treatment of areas open to public
view to create and maintain an aesthetically acceptable appearance as ap-
proved by the local land use authority, or if none exist, in consultation
with the EA. Compliance with specific provisions regarding visual
screening in a local land use approval, such as a conditional use permit,
or CEQA mitigation measures shall be considered compliance with this
standard.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operafi ve 3-5-99 pursuant to Government Code sec-
tion 11 343.4(d) (Register 99, No. 11).
§17419.2. Water Supply.
A safe and adequate water supply for drinking and emergency use (i.e.:
first aid) shall be available.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053. 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
Article 6.4.
Transfer/Processing Station
Standards
§ 1 7420. Applicability of Standards.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1 . Renumbering of old article 6 heading to new article 6.4 (section 1 7420) and new
section filed 10-1 1-96; operafive 10-1 1-96 pursuant to Govemment Code sec-
fion 11343.4(d) (Register 96, No. 41).
2. Repealer of article 6.4 and secfion filed 3-5-99; operative 3-5-99 pursuant to
Govemment Code secfion 1 1343.4(d) (Register 99, No. 11).
§17421. Exclusions.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code secfion
1 1343.4(d) (Register 99, No. 11).
§17422. Design.
History
1 . Repealer filed 3-5-99; operafive 3-5-99 pursuant to Govemment Code secfion
11343.4(d) (Register 99, No. 11).
§ 1 7423. Plan of Operation.
History
1 . Repealer filed 3-5-99-, operative 3-5-99 pursuant to Govemment Code secfion
11343.4(d) (Register 99, No. 11).
§17424. Records.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
11343.4(d) (Register 99, No. 11).
§ 17425. Small Volume Transfer Station Operation.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 17426. Cleaning and Waste Removal Frequency.
History
1 . Amendment filed 7-25-78; effective thirtieth day thereafter (Reaister 78, No.
30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§ 1 7441 . Report of Station Information.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 43040 and 43021, Public Resources Code.
History
1 . Amendment filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
8).
2. Change withoutregulatory effect filed 8-1 7-89 pursuant to secfion 100, fitle 1,
California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, Califomia Code of Regulafions (Register 91, No. 27).
4. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code secfion
11343.4(d) (Register 99, No. 11).
§17442. Station Modifications.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§17451. Design Responsibility.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code secfion
11343.4(d) (Register 99, No. 11).
§ 17452. General Design Parameters.
History
1 . Repealer filed 3-5-99: operafive 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§ 17453. Public Health Design Parameters.
History
1. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 1 7461 . Weight Volume Records.
History
1. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17462. Special Occurrences.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17463. Inspection of Records.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§17471. Availability.
History
1 . Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17472. Training.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17473. Supervision.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17474. Attendant.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
Page 744.4
Register 99, No. 11; 3-12-99
Title 14
California Integrated Waste Management Board
§ 17535
•
•
§ 1 7481 . Identification Signs.
History
] . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17482. Entry Signs.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Goveniment Code section
1 1343.4(d) (Register 99, No. 1 1).
§17483. Station Security.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. II).
§17484. Roads.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17485. Visual Screening.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17486. Station Construction.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§ 1 7491 . Sanitary Facilities.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17492. Water Supply.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 17493. Communications Facilities.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§17494. Lighting.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 17495. Fire Fighting Equipment.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 3-5-99: operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17496. Protection of Users.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 1 7497. Personnel Health and Safety.
History
1 . Repealer filed 3-5-99: operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 1 751 1 . Confined Unloading.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17512. Cleaning.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
li343.4(d) (Register 99, No. 11).
§ 1 751 3. Solid Waste Removal.
History
1 . Repealer filed 3-5-99; operan ve 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17514. Parking.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1 343.4(d) (Register 99, No. 1 1 ).
§17515. Scavenging.
History
1 . Repealer filed 3-5-99; operafi ve 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 1 751 6. Salvaging Permitted at Transfer Stations.
History
1. Repealer filed 3-5-99; operafi ve 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17517. Volume Reduction.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1 ).
§17518. Processing Area.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17519. Processing Operations.
History
1 . Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§ 17520. Storage of Salvage.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 1 1).
§17521. Removal.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17522. Non-Salvageable Items.
History
1. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 1 1).
§ 1 7531 . Nuisance Control.
History
1 . Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 1 1).
§17532. Dust Control.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§ 17533. Vector and Bird Control.
History
1 . Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§17534. Drainage Control.
History
1. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
§17535. Litter Control.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
Page 744.5
Register 99, No. 11; 3-12-99
§ 17536
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§17536. Noise Control.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17537. Odor Control.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1 343.4(d) (Register 99, No. 1 1).
§17538. Traffic Control.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1 343.4(d) (Register 99, No. 1 1).
§17546. General.
History
1 . Repealer filed 3-5-99: operative 3-5-99 pursuant to Government Code section
] 1343.4(d) (Register 99, No. 11).
§ 17547. Standby Equipment.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 11).
§ 17548. Transfer Vehicles.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17549. Inspection of Equipment.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11 343.4(d) (Register 99, No. 11).
§17550. Housekeeping.
History
1. Repealer filed 3-5-99; operafive 3-5-99 pursuant to Government Code section
11343.4(d) (Register 99, No. 11).
§17556. General.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
1 1343.4(d) (Register 99, No. 1 1).
§ 17557. Station Maintenance Program.
History
1. Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
1 1 343.4(d) (Register 99, No. 1 1).
§ 1 7561 . Burning Wastes.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
11343.4(d) (Register 99, No. 11).
§ 17562. Hazardous Wastes.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
1 1343.4(d) (Register 99, No. 1 1).
§17563. Infectious Wastes.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Govemment Code section
11343.4(d) (Register 99, No. 11).
§17564. Liquid Wastes.
History
1 . Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 1 1).
Article 7.1. Disposal Site
Standards — General
§ 1 7601 . Applicability of Standards.
NOTE: Authority cited: Section 40502, 43020, 43021 and 43030, Public Re-
sources Code. Reference; Sections 40000-40002, 40508, Public Resources Code;
and Title 40, Code of Federal Regulations, Secfion 258.1.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of section and Note filed 7-12-93 as an emergency; operative
7-12-93 (Register 93, No. 29). A Certificate of Compliance must be transmitted
to OAL by 1 1-9-93 or emergency language will be repealed by operation of law
on the following day.
4. Amendment of section and Note refiled 11-9-93 as an emergency; operafive
1 1-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted
to OAL by 4-26-93 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
6. Repealer of article 7.1 (secfions 17601-17617) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to general dis-
posal site standards have been relocated to title 27, division 2.
§ 17602. Site Owner and Site Operator.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17603. Change of Ownership.
NOTE: Authority cited; Section 40502, Public Resources Code. Reference: Sec-
tion 44005, Pubhc Resources Code.
History
1. Change without regulatory effect filed 8-17-89 pursuant to secfion 100, title 1,
California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
secfion 100, fifie 1, California Code of Regulafions (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17606. Recording.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tion 44100, Public Resources Code.
History
L Change without regulatory effect renumbering and amending former section
17735 to section 1 7606 filed 8-17-89 pursuant to section 100, fitle 1, California
Code of Regulations (Register 89, No. 35). For prior history, see Register 78,
No. 30.
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
secfion 100, fitle 1 , Califomia Code of Regulations (Register 91 , No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17607. Periodic Site Review.
NOTE: Authority cited: Section 40502, Pubfic Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
History
1. Change without regulatory effect renumbering former section 17751 to section
1 7607 filed 8-1 7-89 pursuant to secfion 1 00, title 1 , California Code of Regula-
fions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
•
[The next page is 745.
Page 744.6
Register 99, No. 11; 3-12-99
Title 14
California Integrated Waste Management Board
§ 17672
§ 17608. Conformance with Plan.
H/STORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17616. Report of Disposal Site Information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. Amendment filed 2-21-78; effecfive thirtieth day thereafter (Reeister 78, No.
8).
2. Change without regulatory effect tiled 8-1 7-89 pursuant to section 100, title 1 ,
California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17617. Site Modifications.
History
1 . Repealer filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).
Article 7.2. Disposal Site Siting and Design
§ 17626. Design Responsibility.
History
1. Repealer of article 7.2 (secnons 17626-17629) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulafions pertaining to disposal site
siting and design have been relocated to title 27, division 2.
§ 1 7627. Ultimate Use of Site.
History
1. Change without regulatory effect renumbering Section 17627 to Section 17796
filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
§ 17628. General Design Parameters.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17629. Public Health Design Parameters.
History
1 . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.3. Disposal Site Records
§17636. WeightA/olume Records.
History
1. Repealer of article 7.3 (secnons 17636-17649) and secfion filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site
records have been relocated to tide 27, division 2.
§17637. Subsurface Records.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17638. Special Occurrences.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17639. Inspection of Records.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17646. Availability.
History
1 . Change without regulatory effect renumbering Section 1 7646 to Section 1 767 1
filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
§17647. Training.
History
1 . Change without regulatory effect renumbering Secfion 17647 to Section 17672
filed 8-17-89 pursuant to Secfion 100, Title 1, California Code of Regulafions
(Register 89, No. 35). For prior history, see Register 78, No. 30.
§17648. Supervision.
History
1 . Change without regulatory effect renumbering Section 1 7648 to Section 1 7673
filed 8-1 7-89 pursuant to Section 100, Title 1 , Califomia Code of Regulafions
(Register 89, No. 35). For prior history, see Register 78, No. 30.
§17649. Site Attendant.
History
1 . Change without regulatory effect renumbering Section 1 7649 to Section 1 7674
filed 8-17-89 pursuant to Secfion 100, Title 1, Califomia Code of Regulations
(Regi-ster 89, No. 35). For prior histoiy, see Register 78, No. 30.
Article 7.4. Disposal Site Improvements
§17656. Identification Signs.
History
]. Repealer of article 7.4 (sections 17656-17660) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site
improvements have been relocated to title 27, division 2.
§17657. Entry Signs.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17658. Site Security.
History
1. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§17659. Access Roads.
History
1 . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17660. Internal Roads.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Article 7.5. Disposal Site Operations
§17666. Sanitary Facilities.
History
1. Repealer of article 7.5 (secfions 17666-17696) and secfion filed 6-18-97; op-
erative 7-1 8-97 (Register 97, No. 25). Regulafions pertaining to disposal site
operafions have been relocated to tifie 27, division 2.
§17667. Water Supply.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17668. Communications Facilities.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17669. Lighting.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 17670. Personnel Health and Safety.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17671. Availability.
NOTE; Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect renumbering former section 1 7646 to section
17671 filed 8- 17-89 pursuant to secfion 100, title l,Cahfornia Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
secfion 100, fitle 1, Califomia Code of Regulafions (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17672. Training.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
Page 745
Register 97, No. 25; 6-20-97
§ 17673
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Change without regulatory effect renumbering former section 17647 to section
] 7672 filed 8-1 7-89 pursuant to section 100, title 1 , California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 3-17-91 pursuant to
section 100, title 1 . California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17673. Supervision.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect renumbering former section 17648 to section
17673 filed 8-17-89 pursuant to section 100, title 1, California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78. No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17674. Site Attendant.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. Change without regulatory effect renumbering former section 7649 to section
1 7674 filed 8-1 7-89 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatoiy effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17676. Confined Unloading.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17677. Spreading and Compacting.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7678. Slopes and Cuts.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17679. Final Site Face.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Change without regulatory effect renumbering Section 17679 to Section 17777
filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17680. Stockpiling.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7681 . Availability of Cover Material.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17682. Cover.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17683. Performance Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
dons 43020 and 43021, Public Resources Code.
History
1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49). For history of former section, see Register 78, No. 30.
2. Change without regulatory effect amending subsection (e) filed 8-17-89 pur-
suant to section 100, title 1, California Code of Regulations (Register 89, No.
35).
3. Editorial coiTection of subsection (e)(2) printing error in formula (Register 90,
No. 41).
4. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
5. Repeafer filed 6-18-97; operative 7-18-97 (Register 97. No. 25).
§ 17684. Intermediate Cover.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17685. Final Cover.
History
1 . Change without regulatory effect renumbering Section 17685 to Section 1 7773
filed 8-1 7-89 pursuant to Section 100, Title 1 , California Code of Regulations
(Register 89, No. 35). For prior history, see Register 80, No. 49.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17686. Scavenging.
History
1 . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17687. Salvaging Permitted.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97. No. 25).
§ 17688. Volume Reduction and Energy Recovery.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17689. Processing Area.
History
1 . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7690. Storage of Salvage.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17691. Removal.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17692. Non-Salvageable Items.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17693. General.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect renumbering former section 17726 to secfion
17693 filed 8-1 7-89 pursuant to section 100, title 1, California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, fitle 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17694. Standby Equipment.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect renumbering former section 17727 to section
17694 filed 8-17-89 pursuant to section 100, title 1, California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
secfion 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17695. General.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect renumbering former section 17731 to secfion
17695 filed 8-17-89 pursuant to secfion 100, title l,CaHforniaCodeofRegula-
fions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17696. Operating Site Maintenance.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fions 43020 and 43021, Public Resources Code.
Page 746
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17743
•
History
1 . Change without regulatory effect renumbering former section 17732 to section
1 7696 filed 8-1 7-89 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100. title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.6. Disposal Site Controls
§17701. Nuisance Control.
History
1. Repealer of article 7.6 (sections 17701-17751) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site
controls have been relocated to title 27. division 2.
§ 17702. Animal Feeding.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17703. Fire Control.
History
1 . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17704. Leachate Control.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§17705. Gas Control.
NOTE: Authority cited: Secuon 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect filed 8-1 7-89 pursuant to section 1 00, title 1 ,
California Code of Regulations (Register 89, No. 35). For prior history, see Reg-
ister 78, No. 30.
2. Change without regulatory effect amending secfion filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17706. Dust Control.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17707. Vector and Bird Control.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17708. Drainage and Erosion Control.
History
1 . Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7709. Contact with Water.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17710. Grading of Fill Surfaces.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17711. Litter Control.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17712. Noise Control.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17713. Odor Control.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17714. Traffic Control.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17715. Ponded Liquid.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17726. General.
History
1 . Change without regulatory effect renumbering Section 1 7726 to Section 1 7693
filed 8-1 7-89 pursuant to Section 1 00, Title 1 , California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17727. Standby Equipment.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Change without regulatory effect renumbering Section 17727 to Section 17694
filed 8-1 7-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17731. General.
History
1 . Change without regulatory effect renumbering Section 1 773 1 to Section 1 7695
filed 8-17-89 pursuant to Secfion 100, Title 1 , California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17732. Operating Site Maintenance.
History
1. Change without regulatory effect renumbering Section 1 7732 to Section 1 7696
filed 8-1 7-89 pursuant to Secfion 1 00, Title 1 , California Code of Regulafions
(Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 17733. Inspection upon Completion.
History
1 . Change without regulatory effect renumbering Section 17733 to Section 17768
filed 8-17-89 pursuant to Secfion 100, Title 1, California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17734. Completed Site Maintenance.
History
1. Amendment filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Change without regulatory effect renumbering Section 17734 to Section 1 7788
filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17735. Recording.
1 . Change without regulatoi"y effect renumbering Section 17735 to Secfion 17606
filed 8-17-89 pursuant to Secfion 100, Title 1, California Code of Regulations
(Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 7741 . Burning Wastes.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7742. Hazardous Wastes.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17743. Liquid Wastes.
History
1. Amendment filed 7-25-78; effecfive thirtieth day thereafter (Register 78, No.
30).
Page 747
Register 97, No. 25; 6-20-97
§ 17744
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17744. Dead Animals.
HrSTORY
] . Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7751 . Periodic Site Review.
History
1 . Amendment tiled 7-25-78; effective thirtieth day thereafter (Register 78, No.
30).
2. Change without regulatory effect renumbering Section 17751 to Section 17607
filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations
(Register 89, No. 35).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7.8. Disposal Site Standards
Closure and Postclosure
§ 17760. Scope and Applicability.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code, and Section 66796.22(d), Government Code,
History
1 . Certificate of Compliance as to 3-22-90 order renumbering and amending sec-
tion 17760 to section 17761 and adding new section 1 7760 transmitted to OAL
5-1 7-90 and filed 6-1 8-90 (Register 90, No. 34). For prior histoi-y, see Register
90, No. 17.
2. Repealer of article 7.8 (sections 17760-17796) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to disposal site
standards closure and postclosure have been relocated to title 27, division 2.
§17761. Definitions.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (a)(1), (a)(7), (a)(22), (a)(25), (a)(26), (a)(29), (a)(31 ), (a)(42), (a)(43), and
(a)(44) and new subsection (a)(3) transmitted to OAL 5-17-90 and filed
6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17763. Time Frames for Closure.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Sections 66796.22(d) and 66796.22(g), Government Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL, within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (a) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17764. Partial Closure.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Sections 66796.22(d) and 66796.22(g), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3 . New section refi led 3-22-90 as an emergency ; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17765. Closure of Treatment Units.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Sections 66796.22(d) and 66796.22(g) Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operative of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order includinc new subsection (b)
transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17766. Emergency Response Plan.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Gov-
ernment Code; and Section 44100, Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within
120days (by 7-20-90) or emergency language will be repealed by operation of
law on 7-21-90.
4. Certificate of Comphance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17767. Security at Closed Sites.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Gov-
ernment Code; and Section 44100, Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89,No.31). ACertificate of Compliance must be transmitted toOAL within 120
days or emergency language will be repealed by operation of law on 4—17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (bv 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (a) and (b) transmitted to OAL and filed 6-18-90 (Register 90, No. 34).
Page 748
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17777
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17768. Inspection Upon Completion.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d). Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1 . Change without regulatory effect renumbering former section 17733 to section
17768 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regu-
lations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Amendment filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transnritted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
3. Amendment refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
4. Amendment refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17771. Structure Removal.
NOTE: Authority cited: Sections 40504 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17772. Decommissioning of Environmental Control
Systems.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Secfion 66796.22(d), Government Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-1 8-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within
120days or emergency language will be repealed by operation of law on
12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transinitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17773. Final Cover.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Secfion 43021, Public Re-
sources Code; and Secfion 66796.22(d), Government Code.
History
1 . Change without regulatory effect renumbering former section 17685 to section
17773 filed 8-17-89 pursuant to section 100, Title 1, California Code of Regu-
lations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. New subsections (a) and (c)-(e), and amendment of subsection (b) filed
8-18-89 as an emergency; operative 8-1 8-89 (Register 89, No. 35). A Certifi-
cate of Compliance must be transmitted to OAL within 120 days or emergency
language will be repealed by operation of law on 12-18-89.
3. New subsections (a) and (c)-(e), and amendment of subsection (b) refiled
1 2-8-89 as an emergency; operative 12- 1 8-89 (Register 89, No. 5 1 ). A Certifi-
cate of Compliance must be transmitted to OAL within 1 20 days oremergency
language will be repealed by operation of law on 4-17-90.
4. New subsections (a) and (c)-(e), and amendment of subsection (b) refiled
3-22-90 as an einergency ; operative 3-22-90 (Register 90, No. 1 7). A Certifi-
cate of Compliance must be transmitted to OAL within 120 days (by 7-20-90)
or emergency language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
fion (b) transmitted to OAL 5-17-90 and filed 6-1 8-90 (Register 90, No. 34).
§ 17774. Construction Quality Assurance.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1 . New section filed 8-1 8-89 as an emergency; operative 8-1 8-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-1 8-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate ofCompliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate ofCompliance as to 3-22-90 order including amendment of subsec-
fions (e) and (i) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90,
No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17776. Final Grading.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Secfion 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1 . Change without regulatory effect adding section 17776 filed 8-1 7-89 pursuant
to secfion 100, Titfe 1, California Code of Regulations (Register 89, No. 35).
2. New subsecfions (a)-(f) filed 8-18-89 as an emergency; operafive 8-18-89
(Register 89, No. 35). A Certificate ofCompliance must be transmitted to OAL
within 120 days oremergency language will be repealed by operation of law on
12-18-89.
3. New subsections (a) - (f) refiled 12-8-89 as an emergency; operative 1 2-1 8-89
(Register 89, No. 5 1 ). A Certificate ofCompliance must be transmitted to OAL
within 1 20 days or emergency language will be repealed by operation of la w on
4-17-90.
4. New subsections (a)-(O refiled 3-22-90 as an emergency; operative 3-22-90
(Register 90, No. 17). Acertificateof Compliance must be transmitted to OAL
withjn 120 days (by 7-20-90) or emergency language will be repealed by oper-
afion of law on 7-21-90.
5. Certificate ofCompliance as to 3-22-90 order including amendment of subsec-
tion (f) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17777. Final Site Face.
NOTE: Authority cited: Secfions 40502 and 43020, Public Resources Code; and
Secfion 66796.22(d), Government Code. Reference: Secfions 43021 and 44100,
Public Resources Code; and Section 66796.22(d), Government Code.
History
1 . Change without regulatory effect renumbering former section 1 7679 to section
17777 filed 8-1 7-89 pursuant to section 100,fitle 1, California Code of Regula-
fions (Register 89, No. 35).
2. Amendment of subsections (a) and (b) and new subsection (c) filed 8-1 8-89 as
an emergency; operative 8-18-89 (Register 89, No. 35). A Certificate ofCom-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed by operafion of law on 12-18-89.
3. Amendment of subsecfions (a) and (b) and new subsection (c) refiled 12-8-89
as an emergency; operafive 12-18-89 (Register 89, No. 51). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed by operation of law on 4-1 7-90.
4. Amendment of subsections (a) and (b), and new subsection (c) refiled 3-22-90
as an emergency; operafive 3-22-90 (Register 90, No. 17). A Certificate of
Compliance must be transmitted to OAL within 1 20 days (by 7-20-90) or emer-
gency language will be repealed by operation of law on 7-21-90.
5. Certificate ofCompliance as to 3-22-90 order including amendment of subsec-
fions (c)(1) and (c)(7)(A) transmitted to OAL 5-1 7-90 and filed 6-1 8-90 (Reg-
ister 90, No. 34).
Page 749
Register 97, No. 25; 6-20-97
§ 17778
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
6. Editorial conection of printing en'or in HISTORY 3. and 4. (Reeister 91, No.
30).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17778. Final Drainage.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code, and Section 66796.22(d), Government Code.
History
1 . Change without regulatory effect adding section 1 7778 filed 8-1 7-89 pursuant
to section 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(j) filed 8-18-89 as an emergency; operative 8-18-89
(Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL
within 120 days oremereency language will be repealed by operation of law on
12-18-89.
3. New subsections (a)-(j) refiled 3-22-90 as an emergency; operative 3-22-90
(Register 90, No. 1 7). A Certificate of Compliance must be transmitted to OAL
within 1 20 days (by 7-20-90) or emergency language will be repealed by oper-
ation of law on 7-2 1 -90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (f)(2), (s)(5), and (j) transmitted to OAL 5-1 7-90 and filed 6- 1 8-90 (Reg-
ister 90, No. "34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17779. Slope Protection and Erosion Control.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1 . New section filed 8-1 8-89 as emergency; operative 8-18-89 (Register 89, No.
35). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed by operation of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate of Compliance, ,must be transmitted to OAL, within
120 days or emergency language will be repealed by, operation of law on
4-17-90.
3. New secfion refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operaUon of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order includine amendment of subsec-
tion (c) transmitted to OAL 5-17-90 and filed 6-1 8-90 (Register 90, No. 34).
5. Repealer filed 6-1 8-97; operative 7-1 8-97 (Register 97, No. 25).
§ 1 7781 . Leachate Control During Closure and
Postclosure.
NOTE: Authority cited: Sections 45020 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Sections 66796.22. (d). Gov-
ernment Code; and Sections 43020, 43021 and 44100, Public Resources Code.
History
1 . Change without regulatory, effect adding section 1 7781 filed 8-1 7-89 pursuant
to secfion 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsections (a)-(e) filed 8-18-89 as an emergency; operative 8-18-89
(Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency, language will be repealed by operafion of law
on 12-18-89.
3. New subsection (a)-(e) refiled 12-8-89 as an emergency; operative 12-18-89
(register 89, No. 51). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed by operation of law on
4-17-90.
4. New subsecfions (a)-(e) refiled 3-22-90 as an emergency; operative 3-22-90
(Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL
within 1 20 days (by 7-20-90) or emergency language will be repealed by oper-
ation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (b), (c), and (e) transmitted to OAL 5-17-90 and filed 6-18-90 (Register
90, No. 34).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 17782. Ground Water Monitoring During Closure and
Postclosure.
NOTE: Authority cited: Secfions 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Sections 43021 and 44100,
Public Resources Code; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency languaee will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order includine amendment of subsec-
tion (d) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17783. Gas Monitoring and Control During Closure and
Postclosure.
NOTE: Authoritv cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Govemment Code.
History
1 . Change without regulatory effect adding section 17783 filed 8-1 7-89 pursuant
to secfion 100. Title 1, California Code of Regulations (Register 89, No. 35).
2. New subsecfions (a)-(d) filed 8-18-89 as an emergency; operafive 8-18-89
(Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL
within 1 20 days or emergency languaee will be repealed by operation of law on
12-18-89.
3. New subsections (a)-(d) refiled 12-8-89 as an emergency; operative 12-1 8-89
(Register 89. No. 51). ACertificateof Compliance must be transmitted to OAL
within 120 days or emergency languaee will be repealed by operation of law,
on 4-17-90.
4. New subsections (a)-(d) refiled 3-22-90 as an emergency; operative 3-22-90
(Register 90, No. 1 7). A Certificate of Compliance must be transmitted to OAL
within 120 days (by 7-20-90) or emergency language will be repealed by oper-
ation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17783.3. Monitoring.
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Secfion 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Secfion 66796.22(d), Govemment Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Comphance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4—1 7-90.
3 . Certi ficate of Compliance transmitted to OAL 2-9-90 and withdrawn 3- 1 2-90.
New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operafion of law
on 8-25-90.
4. Certificate of CompUance as to 4-26-90 order including deletion of subsection
(a)(3) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17783.5. Perimeter Monitoring Network.
NOTE: Authority cited: Secfions 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Govemment Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within
120days or emergency language will be repealed by operation of law on
12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New section refiled 4-26-90 as an emergency; operafive 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order including deletion of subsection
(a)(3) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.7. Structure Monitoring.
Note. Authority cited: Secfions 40502 and 45020, Public Resources Code; and
Secfion 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Secfion 66796.22(d), Govemment Code.
Page 750
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17788
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Cenificate of Compliance must be transmitted to OAL witiiin 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency,; operative 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL within
120days or emergency language will be repealed by operation of law 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-1 2-90.
New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Cenificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-1 8-97; operative 7-1 8-97 (Register 97, No. 25).
§ 17783.9. Monitored Parameters.
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operafion of law oil 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17783.11. Monitoring Frequency.
NotE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Secfion 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operafive 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New section refiled 4—26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.13. Reporting
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§17783.15. Control.
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Government Code.
History
1. New section filed 8-18-89 as an emergency; operafive 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL, within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 1 2-1 8-89 as an emergency; operative 1 2-1 8-89 (Register
89, No. 51). A Certificate of Compliance ,must be transmitted to OAL within
120 days or emergency languaee will be repealed by operation of law on
4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No.34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17783.17. Exemptions.
NOTE: Authority cited: Sections 40502 and 45020, Public Resources Code; and
Section 66796.22(d), Govemment Code. Reference: Section 43021, Public Re-
sources Code; and Section 66796.22(d), Govemment Code.
History
1. New section filed 8-18-89 its as an emergency; operafive 8-18-89 (Register
89, No. 35). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 1 2- 1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL, within
1 20 days or emergency language will be repealed by operation of law on
4-17-90.
3. Certificate of Compliance transmitted to OAL 2-9-90 and withdrawn 3-12-90.
New secfion refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 8-24-90) or emergency language will be repealed by operation of law
on 8-25-90.
4. Certificate of Compliance as to 4-26-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§17787. Recording.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Govemment Code. Reference: Secfion 44100, Public Re-
sources; and Secfion 66796.22(d), Govemment Code.
History
1 . Change without regulatory effect adding section 17787 filed 8-1 7-89 pursuant
to secfion 100, Title 1, California Code of Regulafions (Register 89, No. 35)
2. Amendment of subsection (a) filed 8-18-89 as an emergency; operative
8-1 8-89 (Register 89. No. 35). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed by operation
of law on 12-18-89.
3. Amendment of subsection (a) refiled 12-8-89 as an emergency; operative
12-18-89 (Register 89, No.51). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed by oper-
afion of law on 4-17-90.
4. Amendment of subsecfion (a) refiled 3-22-90 as an emergency; operative
3-22-90 (Register 90, No. 1 7). A Certificate of Compliance must be transmitted
to OAL within 120 days (by 7-20-90) or emergency language will be repealed
by operation of law on 7-2 1 -90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§17788. Postclosure Maintenance.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Secfion 66796(d), Government Code. Reference: Secfion 43021, Public Re-
sources Code; and Secfion 66796.22(d), Govemment Code.
History
1 . Change without regulatory effect renumbering former section 17734 to section
17788 filed 8-17-89 pursuant to section 100, Title 1 , Califomia Code of Regu-
lafions (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. New subsections (a) and (b) filed 8-1 8-89 as an emergency; operative 8-1 8-89
(Register 89, No. 35). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed by operation of law on
12-18-89.
3. New subsections (a) and (b) refiled 12-8-89 as an emergency; operafive
12-18-89 (Register 89, No. 51). A Certificate of Compliance must be trans-
Page 751
Register 97, No. 25; 6-20-97
§ 17789
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
mitted to OAL within 1 20 days oreniergency language will be repealed by oper-
ation of law on 4-17-90.
4. New subsections (a) and (b) refiied 3-22-90 as an emergency; operative
3-22-90 (Register 90, No. 1 7). A Certificate of Compliance must be transmitted
to OAL within 120 days (by 7-20-90) or emergency language will be repealed
by operation of law on 7-21-90.
5. Ceitilicate of Compliance as to 3-22-90 order transmitted lo OAL 5- 1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 7789. Review of Postclosure Maintenance Activities.
NOTE: Authority cited: Sections 66796.22(d). Govemmenl Code. Reference: Sec-
tions 43021 and 44100, Public Resources Code; and Section 66796.22(d), Gov-
ernment Code.
History
1 . New sections filed 8-1 8-89 as an emergency; operative 8-1 8-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oreniergency language will be repealed by operation of law on 12-18-89.
2. New section refiied 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days oreniergency language will be repealed by operation of law on 4-17-90.
3. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oreniergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 17792. Change of Ownership During Closure or
Postclosure Maintenance.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Sections 43021 and 44005,
Public Resources Code; and Section 66796.22(d), Government Code.
History
1 . Change without regulatory effect adding section 17792 filed 8-17-89 pursuant
to sec'tion 100, Title 1, California Code of Regulations (Register 89, No. 35).
2. Amendment filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repeated by operation of law on 12-18-89.
3. Amendment refiied 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
4. Amendment refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (a) and (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90,
No. 34).
6. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 17793. Notification During Postclosure Maintenance.
NOTE: Authority cited: Sections 66790(f) and 66796.22(d), Government Code.
Reference: Section 66771, Government Code.
History
1 . New section filed 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
2. Repealed by operation of Government Code section 1 1346.1 (g) (Register 90,
No. 34).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 7796. Postclosure Land Use.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Sections 43021 and 44105,
Public Resources Code; and Section 66796.22(d), Government Code.
History
1. Change without regulatory effect renumbering former section 17627 to section
17796 filed 8-17-89 pursuant to secfion 100, Title 1, California Code of Regu-
lations (Register 89, No. 35). For prior history, see Register 78, No. 30.
2. Amendment of subsection (b) and new subsections (c)-(f) filed 8-18-89 as all
emergency; operative 8-18-89 (Register 89, No. 35). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency, language
will be repealed by operafion of law on 12-18-89.
3. Amendment of subsection (b) and new subsections (c)-(f) refiied 12-8-89 as
an emergency; operative 12-18-89 (Register 89, No. 51). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed by operation of law on 4-17-90.
4. Amendment of subsection (b) and new subsections (c)-{f) refiied 3-22-90 as
an emergency; operative 3-22-90 (Register 90, No. 1 7). A Certificate of Com-
pliance must be transmitted to OAL within 120 days (by 7-20-90) or emergen-
cy language will be repealed by operation of law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order includine amendment of subsec-
tions (a), (b). (c). (d) and (f) transmitted to OAL 5-17-90 and filed 6-18-90
(Register 90, No. 34).
6. Repealer of section and Appendix 1 filed 6-1 8-97; operative 7-1 8-97 (Resister
97, No. 25).
Article 8. Agricultural Solid Waste
Management Standards
GENERAL
§ 1 7801 . Intent of Standards.
These standards are generally intended to describe levels of perform-
ance expected rather than stating detailed requirements; wherever possi-
ble, persons responsible for management of mantires and agricultural
wastes shall be permitted flexibility of approach in meeting the objec-
tives set by the standards. Where the phrase "as approved by the Enforce-
ment Agency" is used, it is contemplated that, in most instances, the oper-
ator will propose a method, physical improvement, management
modification or other appropriate means to comply with a standard to en-
able approval by the Enforcement Agency (as opposed to the Enforce-
ment Agency specifying the exact means of compliance). These stan-
dards are intended only to eliminate excessive vectors or other adverse
public health/well-being effects associated with any agricultural opera-
tion.
It is the intent of these standards to promote conditions under which
agricultural operations and residential or public use of properties can
coexist.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; Sec-
tion 4520, Health and Safety Code. Reference: Sections 43020 and 43021, Public
Resources Code.
History
1. New article 8 (secfions 17801-17824, not consecutive) filed 7-2-75; effective
thirtieth day thereafter (Register 75, No. 27).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, fitle 1, California Code of Regulations (Register 91, No. 27).
§ 1 7802. Applicability of Standards.
History
1. Change without regulatory effect repealing section filed 1 1-15-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 46).
§ 17803. Compliance with Laws and Regulations.
Nothing in these standards shall be construed as reheving an owner,
operator, or designer from the obligation of obtaining all required per-
mits, licenses, or other clearances, and complying with all orders, laws,
regulations or other requirements of other approval, regulatory or en-
forcement agencies, such as, but not limited to, local health entities, water
and air quality boards, local land use authorities, fire authorities, etc.
§ 17804. Conformance with Plan.
History
1. Change without regulatory effect repealing section filed 1 1-15-96 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 96, No. 46).
§ 17805. Appeals.
The Board and the Department will provide for review and appeals re-
garding these standards. Thus any enforcement action by the local En-
forcement Agency, including the determination that agricultural opera-
tions are resulting in excessive vectors, odor, dust, or feathers, may be
investigated and confirmed or denied by the Department.
History
1 . Amendment filed 1 1-15-96 pursuant to section 100, title 1 , California Code of
Regulations (Register 96, No. 46).
Page 752
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17823.3
DEFINITIONS (H) THESE DEFINITIONS SUPPLEMENT
THE DEFINITIONS IN ARTICLE 4
§17810.1. Manure.
(H) Manure shall mean the accumulated moist animal excrement that
does not undergo decomposition or drying as would occur on open graz-
ing land or natural habitat. This definition shall include feces and urine
which may be mixed with bedding material, spilled feed or soil.
§17810.2. Confined Animals.
(H) Confined animals shall include, but not be limited to, all cattle,
horses, sheep, swine, rabbits, poultry, dogs, cats, fur-bearing animals,
and other animals that are held, confined or fed supplementally in enclo-
sures where the excrement accumulates as manure. The numbers of ani-
mals per unit of enclosed area shall be a part of this definition when ex-
cessive vectors, odor, dust or feathers are produced as determined by the
Enforcement Agency or the Department taking into consideration vary-
ing regional environmental conditions.
§ 17810.3. Enforcement Agency Inspection.
(H) An Enforcement Agency inspection shall mean a site inspection
by an agent of the Enforcement Agency or the Department trained in the
knowledge of the biology of and prevention of vectors, odor, dust or
feathers associated with agricultural solid wastes, so as to protect the
public health and well-being.
§17810.4. Excessive Vectors.
(H) Excessive vectors shall refer to the presence of domestic flies,
mosquitoes, cockroaches, rodents, and/or any other vectors associated
with agricultural wastes which:
(a) Occur as immature stages and adults in numbers considerably in
excess of those found in the surrounding environment; and
(b) are associated with design, layout and management of agricultural
operations; and
(c) disseminate widely from the property; and
(d) cause detrimental effects on the public health or well-being of the
majority of the surrounding population as determined by the Enforce-
ment Agency or the Department.
§ 17810.5. Excessive Odor, Dust and Feathers.
(H) Excessive odor, dust and feathers shall refer to the presence of
these materials which:
(a) Are associated with design, layout and management of agricultural
operations; and
(b) disseminate widely from the property; and
(c) cause detrimental effects on the public health or well-being of the
majority of the surrounding population as determined by the Enforce-
ment Agency or the Department.
STORAGE HANDLING AND DISPOSAL
§ 17820. Agricultural Solid Wastes As a Public
Health/Well-Being Hazard.
(H) Any person who sustains, stores, manages or receives agricultural
by-products or other waste materials generated as a result of the opera-
tion of any agricultural property or produce processing plant shall do so
in such a manner as to prevent the spread of disease, the occurrence of
excessive vectors, odor, dust, or feathers or other such adverse conditions
related to the public health and well-being. In addition:
(a) The presence of excessive vectors on the property shall be prima
facie evidence that an adverse public health/well-being hazard exists.
(b) The determination of the presence of excessive vectors shall be
made by an Enforcement Agency or the Department.
(c) The determination of the presence of excessive vectors shall take
into account the proximity of the agricultural operation to neighboring
human habitation and use areas, the population density of the entire area
and the severity of the public health/well-being hazard posed by said
vectors.
§ 1 7821 . Inspection of Agricultural Operations
(H) The Enforcement Agency shall have inspection capability to en-
force these standards and to conduct appropriate numbers of site inspec-
tions of agricultural operations located within its jurisdiction. Need, if
any, and frequency and timing of inspection should be based on public
demand, the nature and size of the operation, the season, the vector poten-
tial of the operation and its proximity to residential properties. During in-
spection of agricultural operations the inspector shall observe all reason-
able precautionary security, sanitation or other measures specified by the
agricultural operator.
§ 17822. Correction of Adverse Public Health/Well-Being
Conditions.
(H) When the Enforcement Agency or the Department determines that
design and layout of agricultural operations or management of agricul-
tural wastes result in the occurrence of excessive vectors or any other ad-
verse public health/well-being related conditions, the owner or operator
of the property shall be informed in writing of a violation of these stan-
dards and shall be required to institute appropriate measures promptly to
correct the condition in a manner approved by the Enforcement Agency
or the Department.
§ 17823. Agricultural Wastes Management Practices.
(H) Agricultural operations shall be managed in a manner which will
not cause excessive vectors or other adverse public health/well-being
conditions.
The Enforcement Agency shall provide state-developed guidelines
which will assist agricultural operators or others concerned in design,
layout, and management plans that minimize excessive vectors or other
adverse public health/well-being conditions.
Organic wastes are potential resources, and agricultural operations
should adopt comprehensive waste handling practices which will lead to
resource recovery.
§17823.1. Animal Manure.
(H) The manure management practices being performed by the agri-
cultural operation shall be conducted so as to prevent the creation of ex-
cessive vectors or other adverse public health/well-being conditions,
otherwise manure shall be removed at intervals frequent enough to pre-
vent the occurrence of such conditions. Manure removed from confined
animal areas shall be managed so as to prevent the creation of adverse
public health/well-being conditions.
§ 17823.2. Vegetable or Fruit Crop Field Residues.
(H) Vegetable or fruit crop field residues which can be a source of ex-
cessive vectors or other conditions that adversely affect the public health/
well-being shall be incorporated into the soil when conditions of soil
moisture permit, completely consumed by livestock, removed from the
field prior to the development of such condiuons or managed by other ap-
propriate measures to suppress the adverse effect.
After removal from the field, crop residue wastes shall be stored, pro-
cessed or disposed of so as to prevent the creation of conditions adverse
to the public health/well-being.
§ 17823.3. Vegetable or Fruit Crop Processing Wastes.
(H) Where decomposable wastes from vegetable or fruit crop process-
ing operations can become a source of excessive vectors or other condi-
tions that adversely affect the public health/well-being, approved man-
agement practices to prevent such condiuons shall be inifiated.
Page 753
Register 97, No. 25; 6-20-97
§ 17823.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
§ 17823.4. Dust, Hair and Feathers. § 17823.5. Dead Animals.
(H) Dust, hair and feathers associated with confined agricultural oper- (H) The carcasses of animals with any contagious disease shall be dis-
ations shall be managed so as to avoid conditions that adversely affect the posed of by means prescribed by the California Department of Food and
public health/well-being as determined by the Enforcement Agency. Ac- Agriculture, Division of Animal Industry.
cumulations of hair and feathers shall be periodically disposed of in a Animal carcasses from confined animal operations shall be collected,
manner approved by the Enforcement Agency or the Department. stored, and removed from the property to an approved processing facility
or disposal site prior to the creation of adverse public health/well-being
Page 754 Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 17852
•
conditions, or processed or disposed of on the property in a manner ap-
proved by the Enforcement Agency.
Animal carcasses from animals on pasture or rangeland shall be man-
aged so as to prevent the creation of excessive vectors or other adverse
public health/well-being conditions.
§ 1 7824. Management of Agriculture Waste Ponds,
Lagoons, Ditches and Pipelines.
(H) Ponds, lagoons, ditches and pipelines used for the transfer, hold-
ing, treatment and stabilization of manure or vegetable or faiit crop
wastes shall be managed so as to prevent the creation or harborage of ex-
cessive vectors or other conditions that adversely affect the public health/
well-being. Accumulations of floating solids, scum and thick aquatic
vegetation, and the growth of weeds and emergent aquatic vegetation at
the water's edge shall be continuously maintained at a minimal level to
assist in the prevention of such adverse conditions.
Disposal or utilization of the contents of such facilities shall not create
excessive vectors or other adverse public health/well-being conditions.
Article 9. Litter Receptacle Standards
§ 1 7830. Purpose.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code; and
Section 24389, Health and Safety Code. Reference: Chapter 1 , Title 7.8, Goveni-
ment Code, Sections 43020 and 43021, Public Resources Code and Chapter 3.5,
Division 29, Health and Safety Code.
History
1. New article 9 (sections 17830-17840) filed 8-18-78; effective thirtieth day
thereafter (Register 78, No. 33).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer of article 9 and section filed 9-10-96; operative 10-10-96 (Register
96, No. 37).
§17831. Limitations.
History
1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17832. Responsibility.
History
1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§ 1 7833. Placement of Receptacles.
History
1. Repealer filed 9-10-96; operafive 10-10-96 (Register 96, No. 37).
§17834. Receptacle Design.
History
1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17835. Receptacle Maintenance.
History
1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§ 17836. Special Design and Maintenance Limitations.
History
1. Repealer filed 9-10-96; operative 10-10-96 (Register 96, No. 37).
§17837. Receptacle Marking.
History
1 . Repealer filed 9-10-96; operafive 10-10-96 (Register 96, No. 37).
§17838. Prohibited Acts.
History
1 . Repealer filed 9-10-96; operafive 10-10-96 (Register 96, No. 37).
§17839. Penalties.
History
1 . Repealer filed 9-10-96; operafive 10-10-96 (Register 96, No. 37).
§17840. Compliance.
History
1. Repealer filed 9-10-96; operative 10-1(^96 (Register 96, No. 37).
Chapter 3.1. Compostable Materials
Handling Operations and Facilities
Regulatory Requirements
Article 1. General
§ 1 7850. Authority and Scope.
(a) This Chapter is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with section 40000 of the Public Resources Code, as
amended. These regulations should be read together with the Act.
(b) This Chapter implements those provisions of the Act relating to
composting. Nothing in this Chapter is intended to limit the power of any
federal, state, or local agency to enforce any provision of law that it is au-
thorized or required to enforce or administer.
(c) Biological decomposition of organic material can be both a natural-
ly occurring or artificially controlled process. This Chapter establishes
standards and regulatory requirements for intentional and inadvertent
composting resulting from the handling of compostable materials, in-
cluding but not limited to feedstock, compost, or chipped and ground ma-
terials as defined in section 17852.
(d) Nothing in these standards shall be construed as relieving any own-
er, operator, or designee from the obligation of obtaining all required per-
mits, licenses, or other clearances and complying with all orders, laws,
regulations, or reports, or other requirements of other regulatory or EA,
including but not Hmited to, local health entities, regional water quality
control boards, air quality management districts or air pollution control
districts, local land use authorities, and fire authorities.
(e) Nothing in these standards precludes the EA or the board from in-
specting an activity, operation or facility to determine if it is subject to
these standards.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. Amendment of chapter 3.1 and article 1 headings and new secfion filed
6-30-95; operafive 7-30-95 (Register 95, No. 26).
2. Amendment of subsecfion (c) filed 4-7-97 as an emergency; operafive 4-7-97
(Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsection (c) refiled 4-7-97 as an emergency; operafive
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 12-1-97 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 4-7-97 order, including further amendment of
subsection (c), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98,
No. 2).
5. Amendment of chapter heading, amendment of subsecfions (c) and (d) and new
subsection (e) filed 4-4-2003; operafive 4-4-2003 pursuant to Government
Code secfion 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsecfion (a) filed 8-23-2005 pur-
suant to section 100, title 1 , California Code of Regulafions (Register 2005, No.
34).
§17851. Scope.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New chapter 3.1, article 1 and section filed 7-1 5-93; operative 7-15-93 (Regis-
ter 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17852. Definitions.
(a) For the purposes of this Chapter:
(1) "Active Compost" means compost feedstock that is in the process
of being rapidly decomposed and is unstable. Active compost is generat-
Page 755
Register 2005, No. 34; 8-26-2005
§ 17852
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ing temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit)
during decomposition; or is releasing carbon dioxide at a rate of at least
15 milligrams per gram of compost per day, or the equivalent of oxygen
uptake.
(2) "Additives" means material mixed with feedstock or active com-
post in order to adjust the moisture level, carbon to nitrogen ratio, or po-
rosity to create a favorable condition. Additives include, but are not lim-
ited to, fertilizers and urea. Additives do not include septage, biosolids,
or compost feedstock.
(3) 'Aerated Static Pile" means a composting process that uses an air
distribution system to either blow or draw air through the pile. Little or
no pile agitation or turning is performed.
(4) "Aerobic Decomposition" means the biological decomposition of
organic substances in the presence of oxygen.
(5) "Agricultural Material" means material of plant or animal origin,
which result from the production and processing of farm, ranch, agricul-
tural, horticultural, aquacultural, silvicultural, floricultural, vermicultur-
al, or viticultural products, including manures, orchard and vineyard
prunings, and crop residues.
(6) "Agricultural Material Composting Operation" means an opera-
tion that produces compost from green or agricultural material additives,
and/or amendments.
(7) "Amendments" means materials added to stabilized or cured com-
post to provide attributes for certain compost products, such as product
bulk, product nutrient value, product pH, and soils blend. Amendments
do not include septage, biosolids, or compost feedstock.
(8) "Anaerobic Decomposition" means the biological decomposition
of organic substances in the absence of oxygen.
(9) "Biosolids" means solid, semi-solid, or liquid residue generated
during the treatment of domestic sewage in a treatment works. Biosolids
includes, but is not limited to, treated domestic septage and scum or sol-
ids removed in primary, secondary, or advanced wastewater treatment
processes. Biosolids does not include ash generated during the firing of
sewage sludge in a sewage sludge incinerator or grit and screenings gen-
erated during the preliminary treatment of domestic sewage in a treat-
ment works.
(10) "Chipping and Grinding Operations and Facilities" means an op-
eration or facility, that does not produce compost, that mechanically re-
duces the size or otherwise engages in the handling, of compostable ma-
terial and:
(A) The site does the following:
1. The site handles only material, excluding manure, allowed at a
green material composting operation or facility as set forth in section
17852(a)(22); and,
2. Each load of green material is removed from the site within 48 hours
of receipt. The EA may allow a site to keep green material on-site for up
to 7 days if the EA determines that the additional time does not increase
the potential for violations of this Chapter.
(B) If the site fails to meet the definition of green material because it
exceeds the contamination limits in section 17852(a)(21), the site shall
be regulated as set forth in the Transfer/Processing Regulatory require-
ments (commencing at section 17400).
(C) If the site fails to meet the definition of this section because the
green material remains on-site for a longer period of time than is allowed,
then the site shall be regulated as a compostable material handling opera-
tion or facility, as set forth in this Chapter.
(11) "Compostable Material" means any organic material that when
accumulated will become active compost as defined in section
17852(a)(1).
(12) "Compostable Materials Handling Operation" or "Facility"
means an operation or facility that processes, transfers, or stores com-
postable material. Handling of compostable materials results in con-
trolled biological decomposition. Handling includes composting,
screening, chipping and grinding, and storage activities related to the
production of compost, compost feedstocks, and chipped and ground
materials. "Compostable Materials Handling Operation or Facility" does
not include activities excluded from regulation in section 17855. "Com-
postable Materials Handling Operation or Facility" also includes:
(A) agricultural material composting operations;
(B) green material composting operations and facilities;
(C) research composting operations; and,
(D) chipping and grinding operations and facilities.
(13) "Curing" means the final stage of the composting process that oc-
curs after compost has undergone pathogen reduction, as described in
section 17868.3, and after most of the readily metabolized material has
been decomposed and stabilized.
(14) "Domestic Sewage" means waste and wastewater from humans
or household operations that is discharged to or otherwise enters a treat-
ment works.
(15) "Disposal" means:
(A) stockpiling of compostable material onto land for a combined peri-
od of time greater than six months, or agricultural and green material for
twelve months on prime agricultural land as defined in Government
Code section 51201, unless the RWQCB in consultation with the EA
makes a written finding that the material may remain within the opera-
tions area for a period of time greater than specified.
(B) disposal does not include the use of compostable material for alter-
native daily cover material at a solid waste landfill. Notwithstanding this
section, use of compostable organic material as a alternative daily cover
material shall still require approval for use pursuant to Title 27, Califor-
nia Code of Regulations, section 20680 and may require additional ap-
provals from other governmental agencies, including, but not limited to
RWQCB and Air Districts.
(C) disposal does not include land application of compostable organic
material. "Land Application" means the application of compostable ma-
terial, excluding food material or mixed solid waste for the following ap-
plications: to forest, agricultural, and range land at agronomic rates; in
accordance with California Department of Food and Agriculture
(CDFA) requirements for beneficial use as authorized by Food and Agri-
cultural Code section 14501 et seq.; or for beneficial uses that may be
otherwise exempt or excluded from regulation by CDFA.
(D) Should the EA have information that a compostable material han-
dler is engaging in other activities that meet the definition of disposal, the
burden of proof shall be on the land owner or operator to demonstrate
otherwise.
(E) If the activities at a site meet the definition of disposal, the site shall
be regulated as set forth in the Consolidated Regulations for Treatment,
Storage, Processing or Disposal of Solid Waste (commencing at Title 27,
California Code of Regulations, section 20005).
(16) "Dry Weight Basis" means weight calculated on the basis of hav-
ing been dried until reaching a constant mass, that results in essentially
100 percent solids content.
(17) "Enclosed Composting Process" means a composting process
where the area that is used for the processing, composting, stabilizing,
and curing of organic materials, is covered on all exposed sides and rests
on a stable surface with environmental controls for moisture and air-
borne emissions present.
(18) "EA" means enforcement agency.
(19) "Feedstock" means any compostable organic material used in the
production of compost or chipped and ground material including, but not
limited to, agricultural material, green material, food material, biosolids,
and mixed solid waste. Feedstocks shall not be considered as either addi-
tives or amendments.
(20) "Food Material" means any material that was acquired for animal
or human consumption, is separated from the municipal solid waste
stream, and that does not meet the definition of "agricultural material."
Food material may include material from food facilities as defined in
Health and Safety Code section 1 13785, grocery stores, institutional caf-
eterias (such as, prisons, schools and hospitals) or residential food scrap
collection.
(21) "Green Material" means any plant material that is separated at the
point of generation contains no greater than 1 .0 percent of physical con-
Page 756
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Title 14
California Integrated Waste Management Board
§ 17853.0
Uiminants by weight, and meets the requirements of section 17868.5.
Green material includes, but is not limited to. yard trimmings, untreated
wood wastes, natural fiber products, and construction and demolition
wood waste. Green material does not include food material, biosolids,
mixed solid waste, material processed from commingled collection,
wood containing lead-based paint or wood preservative, mixed
construction or mixed demolition debris.
(22) "Green Material Composting Operation" or "Facility" is an op-
eration or facility that composts green material, additives, and/or amend-
ments. A green material composting operation or facility may also handle
manure and paper products. An operation or facility that handles a feed-
stock that is not green material, manure, or paper products, shall not be
considered a green material composting operation or facility. "Green
Materia] Composting Operation" or "Facility" does not include activities
excluded from regulation in section 17855.
(23) "Handling" means the processing, transfer, and storage of com-
postable materials. HandHng of compostable materials results in con-
trolled biological decomposition. Handling includes composting,
screening, chipping and grinding, and storage activities related to the
production of compost, compost feedstocks, and chipped and ground
materials.
(24) "Insulating Material" means material used for the purpose of
minimizing the loss of heat from a compost pile undergoing the "Process
to Further Reduce Pathogens" (PFRP), as described in section 17868.3.
Insulating material includes, but is not limited to, soil and stabilized com-
post.
(25) "Manure" is an agricultural material and means accumulated her-
bivore or avian excrement. This definition shall include feces and urine,
and any bedding material, spilled feed, or soil that is mixed with feces or
urine.
(26) "Mixed Solid Waste" means any material that is part of the munic-
ipal solid waste stream, and is mixed with or contains non-organics, pro-
cessed industrial materials, or plastics. A feedstock that is not source sep-
arated or contains 1 .0% or more of physical contaminants by weight is
mixed solid waste. Compostable material that contains mixed demolition
or mixed construction debris shall be considered mixed solid waste.
(27) "Mushroom Farm" means an activity that produces mushrooms.
The handling of compostable material at a mushroom farm prior to and
after use as a growth medium is subject to regulation pursuant to this
chapter and is not considered mushroom farming.
(28) "Operations Area" means the following areas within the bound-
ary of a compostable material handling operation or facility:
(A) equipment cleaning, maintenance, and storage areas;
(B) feedstock, active, curing and stabilized compost processing or
stockpiling areas; and
(C) process water and stormwater drainage control systems.
(29) "Operator" means the owner, or other person who through a lease,
franchise agreement or other arrangement with the owner, becomes le-
gally responsible for the following:
(A) complying with regulatory requirements set forth in this Chapter;
(B) complying with all applicable federal, state and local require-
ments;
(C) the design, construction, and physical operation of the site; and
(D) site restoration.
(30) "Owner" means the person or persons who own, in whole or in
part, a compostable material handling operation or facility, or the land on
which these operations or facilities are located.
(31) "Pathogenic Organism" means disease-causing organisms.
(32) "Physical Contamination" or "Contaminants" means human-
made inert products contained within feedstocks, including, but not lim-
ited to, glass, metal, and plastic.
(33) "Process Water" means liquid that is generated during or used in
the production of compost or chipped and ground materials.
(34) "Research Composting Operation" means a composting opera-
tion, that is operated for the purpose of gathering research information
on composting.
(35) "Separated At The Point of Generation" includes material sepa-
rated from the solid waste stream by the generator of that material. It may
also include material from a centralized facility as long as that material
was kept separate from the waste stream prior to receipt by that facility
and the material was not commingled with other materials during han-
dling.
(36) "Stabilized Compost" means any organic material that has under-
gone the Process to Further Reduce Pathogens (PFRP), as described in
section 17868.3, and has reached a stage of reduced biological activity
as indicated by reduced temperature and rate of respiration below that of
active compost.
(37) "Static Pile" means a composting process that is similar to the aer-
ated static pile except that the air source may or may not be controlled.
(38) "Vector" includes any insect or other arthropod, rodent, or other
animal capable of transmitting the causative agents of human disease.
(39) "Vermicomposting" means an activity that produces worm cast-
ings through worm activity. The EA may determine whether an activity
is or is not vermicomposting. The handling of compostable material prior
to and after use as a growth medium is subject to regulation pursuant to
this chapter and is not considered vermicomposting.
(40) "Windrow Composting Process" means the process in which
compostable material is placed in elongated piles. The piles or "wind-
rows" are aerated and/or mechanically turned on a periodic basis.
(41) "Within-vessel Composting Process" means a process in which
compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or
other container for the purpose of producing compost, maintained under
uniform conditions of temperature and moisture where air-borne emis-
sions are controlled.
(42) "Wood Waste" means solid waste consisting of wood pieces or
particles which are generated from the manufacturing or production of
wood products, harvesting, processing or storage of raw wood materials,
or construction and demolition activities.
(43) "Yard Trimmings" means any wastes generated from the mainte-
nance or alteration of public, commercial or residential landscapes in-
cluding, but not limited to, yard clippings, leaves, tree trimmings, prun-
ings, brush, and weeds.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (k), (/) and (t), new subsection (x2), and amendment
of subsections (aa)(2) and (//) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsections (k), (/) and (t), new subsection (x2), and amendment
of subsections (aa)(2) and (//) refiled 4-7-97 as an emergency; operative
4-7-97 (Register97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 12-1-97 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 4-7-97 order, including repealer of subsection
(x2) and further amendment of subsection (aa)(2), transmitted to OAL
1 1-25-97 and filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4—2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a)(5), (a)(] 1)-(13),
(a)(15)-(16), (a)(21H22), (a)(24), (a)(36) and (a)(41) filed 8-23-2005 pur-
suant to section 100. title 1, California Code of Regulations (Register 2005, No.
34).
§17853. Definitions.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051 , 40052, 401 16, 43020 and 43200, et seq., Public
Resources Code.
History
1. Repealer filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17853.0. Approval of Alternatives.
(a) Approvals, determinations and other requirements that the EA is
authorized to make in this Chapter shall be provided in writing by the EA
to the operator. The operator shall place a copy of these approvals, in
Page 757
Register 2005, No. 34; 8-26-2005
§ 17854
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
addition to tiiose records identified in sections 17869, in the operating re-
cord.
(b) Some of the provisions of this Chapter allow the EA to approve a
reduced inspection frequency. The EA shall only approve a reduced in-
spection frequency if the EA finds that it is as protective of the public
health and safety and the environment as the standard inspection frequen-
cy.
(c) Some of the standards contained in this Chapter allow the EA to
approve an alternative method of compliance with the standard. These
provisions are not intended to allow the EA to change the particular stan-
dard, but are intended to allow the EA flexibility to approve, in advance,
an alternative method of meeting the existing standard. For facilities that
require a full soUd waste facilities permit, the EA may choose to include
the approved method as a term and condition of the solid waste facilities
permit, rather than in the manner authorized by subdivision (a) of this
section. If the method is included in the Compostable Materials Handling
Facility Permit, a change to the method may require a revision to the solid
waste facilities permit in accordance with the procedures set forth in Title
27, Division 2, Subdivision 1 , Chapter 4, Subchapter 3, Articles 2, 3, and
3.1 (commencing with section 21570).
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 11 343.4 (Register 2003, No. 14).
Article 2. Regulatory Tiers for Composting
Operations and Facilities
§ 17854. Compostable Materials Handling Facility Permit
Requirements.
Except as specified in this Article, all compostable materials handling
activities shall obtain a Compostable Materials Handling Facility Permit
pursuant to the requirements of Title 27, California Code of Regulations,
Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Ar-
ticles l,2,3,and3.1 (commencing with section 21450) prior to commenc-
ing operations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4^t-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
§17855. Excluded Activities.
(a) The activities listed in this section do not constitute compostable
material handling operations or facilities for the purposes of this Chapter
and are not required to meet the requirements set forth herein. Nothing
in this section precludes the EA or the board from inspecting an excluded
activity to verify that the activity is being conducted in a manner that
qualifies as an excluded activity or from taking any appropriate enforce-
ment action.
(1) An activity is excluded if it handles agricultural material, derived
from an agricultural site, and returns a similar amount of the material pro-
duced to that same agricultural site, or an agricultural site owned or
leased by the owner, parent, or subsidiary of the composting activity. No
more than an incidental amount of up to 1 ,000 cubic yards of compost
product may be given away or sold annually.
(2) Vermicomposting is an excluded activity. The handling of com-
postable material prior to and after use as a growth medium is not an ex-
cluded activity and is subject to the requirements of this chapter. Han-
dling of agricultural material on the site of a vermicomposting activity,
for use as a growth medium on that same site, is an excluded activity if
it complies with section 17855(a)(1).
(3) Mushroom farming is an excluded activity. The handling of com-
postable material prior to and after use as a growth medium is not an ex-
cluded activity and is subject to the requirements of this chapter. Han-
dling of agricultural material on the site of a mushroom farm, for use as
mushroom bedding on that same site, is an excluded activity if it complies
with section 17855(a)(1).
(4) Handling of green material, feedstock, additives, amendments,
compost, or chipped and ground material is an excluded activity if 500
cubic yards or less is on-site at any one time, the compostable materials
are generated on-site and if no more than 1,000 cubic yards of materials
are either sold or given away annually. The compostable material may
also include up to 10% food material by volume.
(5) The handling of compostable materials is an excluded activity if:
(A) the activity is located at a facility (i.e., landfill or transfer/proces-
sing facility) that has a tiered or full permit as defined in section 18101,
1 . has a Report of Facility Information which is completed and sub-
mitted to the EA that identifies and describes the activity and meets the
requirements of Titles 14 or 27; and,
2. will only use the material on the facility site, or
(B) the activity is solely for the temporary storage of biosolids sludge
at a Publicly Operated Treatment Works (POTW), or
(C) the activity is located at the site of biomass conversion and is for
use in biomass conversion as defined in Public Resources Code section
40106; or
(D) the activity is part of a silvicultural operation or a wood, paper, or
wood product manufacturing operation; or
(E) the activity is part of an agricultural operation and is used to tempo-
rarily store or process agricultural material not used in the production of
compost or mulch; or
(F) the activity is part of an operation used to chip and grind materials
derived from and applied to lands owned or leased by the owner, parent,
or subsidiary of the operation; or
(G) the activity is part of an agricultural operation used to chip and
grind agricultural material produced on lands owned or leased by the
owner, parent, or subsidiary of the agricultural operation, for use in bio-
mass conversion; or
(H) the activity is part of an animal food manufacturing or rendering
operation.
(I) the activity is the storage of yard trimmings at a publicly designated
site for the collection of lot clearing necessary for fire protection pro-
vided that the public agency designating the site has notified the fire
protection agency; or
(J) the materials are handled in such a way to preclude their reaching
temperatures at or above 122 degrees Fahrenheit as determined by the
EA.
(6) Non-commercial composting with less than one cubic yard of food
material is excluded provided that all compostable material is generated
and used on-site.
(7) Storage of bagged products from compostable material is an ex-
cluded activity provided that such bags are no greater than 5 cubic yards.
(8) Within-vessel composting process activities with less than 50 cu-
bic yard capacity are excluded.
(9) Beneficial use of compostable materials is an excluded activity.
Beneficial use includes, but is not limited to, slope stabilization, weed
suppression, alternative daily cover, and similar uses, as determined by
the EA; land application in accordance with California Department of
Food and Agriculture requirements for a beneficial use as authorized by
Food and Agricultural Code section 14501 et seq.; and reclamation proj-
ects in accordance with the requirements of the Office of Mine Reclama-
tion of the Department of Conservation as authorized by Public Re-
sources Code section 2770 et seq.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer, relocation and new section and amendment of article 2 heading filed
6-30-95; operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsections (a)(3) and (a)(5) and new subsections (a)(6) and
(a)(7) filed 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 15).
A Certificate of Compliance must be transmitted to OAL by 8-5-97 or emer-
gency language will be repealed by operation of law on the following day.
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Register 2005, No. 34; 8-26-2005
Title 14
California Integrated Waste Management Board
§ 17856
4. Amendment of subsections (a)(3) and (a)(5) and new subsections (a)(6) and
(a)(7) refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97, No. 31).
A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emer-
gency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-7-97 order, including further amendment of
subsections (a)(3) and (a)(5)-(7), transmitted to OAL 11-25-97 and filed
1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
7. Chanee without regulatory effect amendine subsections (a), (a)(5)(A),
(a)(5)(A)2., (a)(5)(B) and (a)(7) filed 8-23-200^5 pursuant to section 100, Utle
1, California Code of Regulations (Register 2005, No. 34).
§17855.2. Prohibitions.
(a) The composting of unprocessed mammalian tissue, including but
not limited to, flesh, organs, hide, blood, bone and marrow is prohibited,
except when from the food service industry, grocery stores, or residential
food scrap collection, or as part of a research composting operation for
the purpose of obtaining data on pathogen reduction or other public
health, animal health, safety, or environmental concern, in accordance
with section 17862.
(b) The composting of medical waste is prohibited.
(c) The composting of hazardous waste is prohibited.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4^1-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
2. Amendment of subsection (a) filed ()-l 8-2007 as an emergency; operafive
6-18-2007 (Register 2007, No. 25). A Certificate of Complian'ce must be trans-
milted to OAL by 12-17-2007 or emergency language will be repealed by op-
eration of law on the following day.
3. Amendment of subsection (a) refiled 12-17-2007 as an emergency; operative
12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be
transmitted to OAL by 3-17-2008 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 12-17-2007 order, including further amend-
ment of subsection (a), transmitted to OAL 3-13-2008 and filed 4-25-2008
(Register 2008, No. 17).
§17855.3. Permit Name.
Any permit issued pursuant to this Article, except for one issued pur-
suant to section 17862.1(b), shall be entitled: "Compostable Materials
Handling Facility Permit."
NOTE: Authority cited: Sections 40502, 43020 and 4302 L Public Resources
Code. Reference: Sections 43020 and 4302L Public Resources Code.
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
§ 17855.4. Pre-Existing Permits and Notifications.
(a) If a facility had previously obtained a Registration or Standardized
Permit in accordance with the regulations in effect prior to April 4, 2003,
that facility may continue to operate in accordance with its permit until
the EA conducts a permit review pursuant to Title 14, California Code
of Regulations, sections 18104.7 and 18105.9 and determines that a
Compostable Materials Handling Facility Permit is required. If the EA
makes such a determination, the operator shall comply with the Com-
postable Materials Handling Facility Permit requirements set forth in
Title 27, Cahfomia Code of Regulations, Division 2, Subdivision 1,
Chapter 4, Subchapter 1 and Subchapters, Articles 1, 2, 3, and 3.1 (com-
mencing with section 21450) within two years of that determination.
(b) If an operation had previously been operating pursuant to an EA
Notification in accordance with the regulations in effect prior to April 4,
2003, that operation may continue to operate in accordance with its EA
Notification or regulatory authorization until the EA determines that a
Compostable Materials Handling Facility Permit is required. The EA
shall make this determination no sooner than 120 days and no later than
two years from April 4, 2003. If the EA determines that a Compostable
Materials Handling Facility Permit is required, the operator shall comply
with the Compostable Materials Handling Facility Permit requirements
set forth in Title 27, California Code of Regulations, Division 2, Subdivi-
sion 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and
3.1 (commencing with section 21450) within two years of that deter-
mination.
(c) If an activity had previously been excluded from the regulations in
effect prior to April 4, 2003, that activity may continue to operate in ac-
cordance with its regulatory exclusion until the EA determines that a
Compostable Materials Handling Facility Permit is required. The EA
shall make this determination no sooner than 120 days and no later than
two years from April 4, 2003. If EA determines that a Compostable Mate-
rials Handling Facility Permit is required, the operator shall comply with
the Compostable Materials Handling Facility Permit requirements set
forth in Title 27, California Code of Regulations, Division 2, Subdivision
1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1
(commencing with section 21450) within two years of that determina-
tion.
(d) Notwithstanding other provisions of this section, a Chipping and
Grinding activity that is currently operating in accordance with the regu-
lations in effect prior to April 4, 2003, may continue to operate in accor-
dance with its regulatory authorization until the EA determines that a dif-
ferent authorization is required. The EA shall make this determination
within 120 days from April 4, 2003.
(1) If the EA determines that the activity is required to comply with the
EA Notification requirements, the operator shall comply with the EA No-
tification requirements set forth in Title 14, California Code of Regula-
tions, Division 7, Chapter 5.0, Article 3.0 (commencing with section
18100), within 120 days from that determination.
(2) If the EA determines that the activity is required to comply with the
Registration requirements, the operator shall comply with the Registra-
tion requirements set forth in Title 14, California Code of Regulations,
Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100)
within 1 20 days from that determination.
(3) If the EA determines that the activity is required to comply with the
Compostable Materials Handling Facility Permit requirements, the oper-
ator shall comply with the Compostable Materials Handling Facility Per-
mit requirements set forth in Title 27, California Code of Regulations,
Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Ar-
ticles 1, 2, 3, and 3.1 (commencing with section 21450) within two years
from that determination.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 113434 (Register 2003, No. 14).
2. Change without regulatory effect amending subsections (a), (c) and (d)-(d)(3)
filed 8-23-2005 pursuant to section 100, tide L California Code of Regulations
(Register 2005, No. 34).
§ 17856. Agricultural Material Composting Operations.
(a) All agricultural material composting operations and chipping and
grinding operations shall comply with the Enforcement Agency Notifi-
cation requirements set forth in Title 14, California Code of Regulations,
Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100),
except as otherwise provided by this Chapter. Agricultural Compostable
Materials Handling Operations shall only be subject to the requirements
of section 17863.4 if the EA makes a written determination that the op-
eration has violated the requirements for odor impacts of section 17867.
(b) Compost produced by an agricultural material composting opera-
tion or a chipping and grinding operation which uses only agricultural
material may be sold or given away in unrestricted quantities. These op-
erations shall be inspected by the EA at least once annually.
(c) Compost produced by an agricultural material composting opera-
tion which uses agricultural material and/or green material, as specified
in section 17852(a)(21), may be sold or given-away in accordance with
the following restrictions.
(1) Those sites that do not sell or give-away more than 1,000 cubic
yards of material per year shall be inspected by the EA at least once annu-
ally when actively composting. If more than 12,500 cubic yards of green
material, including feedstock, compost, or chipped and ground material,
is to be handled on-site of productive farmland as defined in Government
Page 759
Register 2008, No. 17; 4-25-2008
§ 17857
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Code section 51201, the operator shall give advance notice to the EA.
The EA shall only prohibit the on-site storage of additional materials, or
impose a greater inspection frequency, if the EA makes a written finding
that it will pose an additional risk to public health and safety and the envi-
ronment. The EA shall forward a copy of the request and approval to the
Board.
(2) Those operations that sell or give-away more than 1,000 cubic
yards of material per year, shall have no more than 12,500 cubic yards
of green material, including feedstock, compost, or chipped and ground
material, on-site at any one time and shall be inspected by the EA once
every three (3) months.
(3) These sites shall record the quantity received of green material.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 2 and section filed 7-15-93; operative 7-15-93 (Register 93, No.
29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
3. Ainendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 15). A Certificateof Compliance must be transmitted toOAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 1 2-1-97 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsecfions (a), (c) and (c)(]) filed
8-23-2005 pursuant to secuon 100, title 1, Califomia Code of Regulations
(Register 2005, No. 34).
§ 17857. Green Material Composting Operations and
Facilities.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
3. Amendment of subsection (c) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 1 5). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
4. Amendment of subsection (c) refiled 4-7-97 as an emergency; operative
4—7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 12-1 -97 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
6. Repealer filed 4-4-2003; operative 4^-2003 pursuant to Government Code
section 11343.4 (Register 2003, No. 14).
§ 17857.1. Green Material Composting Operations and
Facilities.
(a) A green material composting operation that has up to 12,500 cubic
yards of feedstock, compost, or chipped and ground material on-site at
any one time shall comply with the EA Notification requirements set
forth in Title 14, Califomia Code of Regulations, Division 7, Chapter 5.0,
Article 3.0 (commencing with section 18100).
(b) A green material composting operation that has up to 12,500 cubic
yards of feedstock, compost, or chipped and ground material on-site at
any one time shall be inspected by the EA at least once every three (3)
months, unless an operator request for a reduced inspection frequency of
no less than annually is approved by the EA. The EA shall only approve
a lesser inspection frequency, if the EA finds that it will not pose an addi-
tional risk to public health and safety and the environment. The EA shall
forward a copy of the request and approval to the Board.
(c) A green material composting facility that has more than 1 2,500 cu-
bic yards of feedstock, compost, or chipped and ground material on-site
at any one time shall obtain a Compostable Materials Handling Facility
Permit pursuant to the requirements of Title 27, California Code of Regu-
lations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Sub-
chapter 3, Articles 1 ,2,3, and 3.1 (commencing with section 21450) prior
to commencing operations.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (a) filed 8-23-2005 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2005, No.
34).
§ 17858. Animal Material Composting Facilities.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Pubhc Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsection (b) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsection (b) refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificateof Compliance must be transmitted
to OAL by 12-1-97 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
5. Repealer filed 4-4-2003; operative 4-4—2003 pursuant to Government Code
section 1 1 343.4 (Register 2003, No. 14).
§ 17859. Sewage Sludge Composting Facilities.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference; Sections 43020 and 43021, Public Resources Code. Title 40,
Chapter I, Subchapter O, Part 503, of the Code of Federal Regulations.
History
1. New section filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer and new section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
3. Amendment of subsection (b) filed 4-7-97 as an emergency; operafive 4-7-97
(Register 97, No. 1 5). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
4. Amendment of subsection (b) refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 12-1-97 or emergency language will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
6. Repealer filed 4-4-2003; operafive 4-4-2003 pursuant to Government Code
secfion 11343.4 (Register 2003, No. 14).
§ 17859.1. Biosolids Composting at POTWs.
(a) Except as provided in section 17855(a)(5)(B), the composting of
biosolids on-site at a Publicly Operated Treatment Works (POTW) shall
comply with the EA Notification requirements set forth in Title 14,
Califomia Code of Regulations, Division 7, Chapter 5.0, Article 3.0
(commencing with section 18100).
(b) All other composting of biosolids shaU comply with section 17854.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code; and Title 40,
Chapter I, Subchapter O, Part 503, Code of Federal Regulations.
History
1. New secfion filed 4-4-2003; operafive 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (a) filed 8-23-2005 pur-
suant to secfion 100, title 1 , Califomia Code of Regulations (Register 2005, No.
34).
§ 17860. Mixed Solid Waste Composting Facilities.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operafive 7-30-95 (Register 95, No. 26).
2. Change without regulatory effect amending secfion filed 3-8-99 pursuant to
secfion 100, title 1, Califomia Code of Regulations (Register 99, No. 1 1 ).
Page 760
Register 2008, No. 17; 4-25-
Title 14
California Integrated Waste Management Board
§ 17862.2
3. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code
section 11343.4 (Register 2003. No. 14).
§ 17861 . Application Process for Green Compost Permit.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40057, 43020 and 43021, Public Re-
sources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Reeister93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17862. Research Composting Operations.
(a) An operator conducting research composting operations shall not
have more than 5,000 cubic yards of feedstock, additives, amendments,
chipped and ground material, and compost on-site at any one time, and
shall comply with the EA Notification requirements set forth in Title 14,
California Code of Regulations, Division 7, Chapter 5.0, Article 3.0
(commencing with section 18100), except as otherwise provided by this
Chapter.
(b) An operator conducting research composting operations utilizing
within-vessel processing, may exceed 5,000 cubic-yards of feedstock,
additives, amendments, chipped and ground material and compost, if the
EiA determines that such increased volume will not pose additional risk
to the public health, safety and the environment.
(c) In addition to the EA Notification requirements set forth in Title 14,
California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, sec-
tion 18103.1(a)(3), the operator shall provide a description of the re-
search to be performed, research objectives, methodology/protocol to be
employed, data to be gathered, analysis to be performed, how the require-
ments of this subchapter will be met. and the projected timeframe for
completion of the research operation.
(d) The EA Notification for a research composting operation shall be
reviewed after each each two year period of operation. Review criteria
shall include the results and conclusions drawn from the research.
(e) Research composting operations that will be using unprocessed
mammalian tissue as a feedstock for the purpose of obtaining data on
pathogen reduction or other public health, animal health, safety, or envi-
ronmental protection concern, shall satisfy the following additional re-
quirements:
(1) Unprocessed mammalian tissue used as feedstock shall be gener-
ated from on-site agricultural operations, and all products derived from
unprocessed mammalian tissue shall be beneficially used on-site.
(2) The operator shall prepare, implement and maintain a site-specif-
ic, research composting operation site security plan. The research com-
posting site security plan shall include a description of the methods and
facilities to be employed for the purpose of limiting site access and pre-
venting the movement of unauthorized material on to or off of the site.
(3) The EA Notification for the research composting operation using
unprocessed mammalian tissue as feedstock and documentation of addi-
tional requirements of this section shall be reviewed after each six month
period of operation.
(0 The operator shall submit all additional documentation required by
subsections (c) and (e)(2) to the EA with the Notification and prior to the
composting of any feedstock. The EA shall determine that the EA Notifi-
cation for research composting operations is complete and correct only
if the additional documentation requirements of this section have been
met.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code secfion 11343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (c) filed
8-23-2005 pursuant to section 100, fitle 1, California Code of Regulations
(Register 2005, No. 34).
4. New subsections (e)-(f) filed 6-18-2007 as an emergency; operative
6-18-2007 (Register 2007, No. 25). A Certificate of Compliance must be trans-
nutted to OAL by 12-17-2007 or emergency language will be repealed by op-
eration of law on the following day.
5. New subsections (e)-(O lefiled 12-17-2007 as an emergency; operative
12-17-2007 (Register 2007, No. 51). A Certificate of Compliance must be
transmitted to OAL by 3-1 7-2008 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 12-17-2007 order, including further amend-
ment of subsection (e). transmitted to OAL 3-13-2008 and filed 4-25-2008
(Register 2008, No. 17).
§ 17862.1. Chipping and Grinding Operations and
Facilities.
(a) A chipping and grinding operation that receives up to 200 tons per
day of material that may be handled by a green material composting op-
eration shall comply with the EA Notification requirements set forth in
Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article
3.0 (commencing with section 18100), except as otherwise provided by
this Chapter.
(b) A chipping and grinding facility that receives more than 200 tons
per day, and up to 500 tons per day of material that may be handled by
a green material composting operation shall obtain a Registration Permit
pursuant to the requirements of Title 14, California Code of Regulations,
Division 7, Chapter 5.0, Article 3.0, prior to commencing operations.
(c) A chipping and grinding facility that receives more than 500 tons
per day of material that may be handled by a green material composting
operation shall obtain a Compostable Materials Handling Facility Permit
pursuant to the requirements of Title 27, California Code of Regulations,
Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Ar-
ticles 1,2,3, and 3.1 (commencing with section 2 1450) prior to commenc-
ing operations.
(d) A chipping and grinding operation or facility shall not be subject
to the provisions of sections 17868.1 through 17868.3 of this Chapter.
(e) If a chipping and grinding operation or facility exceeds the contam-
ination limits in section 17852 (a)(21), it shall be regulated as set forth
in the Transfer/Processing Regulatory requirements (commencing at
section 17400).
(0 If a chipping and grinding operation or facility stores material for
a longer period of time than is allowed by section 17852 (a)(10)(A)(2),
then the site shall be regulated as a green material handling operation or
facility, as set forth in this Chapter.
NoTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4-7-97 as an emergency; operaUve 4-7-97 (Register 97, No.
15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97,
No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 4-7-97 order, including amendment of subsec-
tions (b)(2)-(4) and new subsecfions (b)(5)-(c), transmitted to OAL 1 1-25-97
and filed 1-9-98 (Register 98, No. 2).
4. Amendment of section heading and section filed 4-4-2003; operative
4-4-2003 pursuant to Government Code section 11343.4 (Register 2003, No.
14).
5. Change without regulatory effect amending subsections (a) and (b) filed
8-23-2005 pursuant to section 100, fitle 1, California Code of Regulations
(Register 2005, No. 34).
§17862.2. Storage.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1 . New secfion filed 4-7-97 as an emergency; operafi ve 4-7-97 (Register 97, No.
15). A Certificate of Compliance must be transmitted to OAL by 8-5-97 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 4-7-97 as an emergency; operative 4-7-97 (Register 97,
No. 31). A Cernficate of Compliance must be transmitted to OAL by 12-1-97
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 4—7-97 order, including amendment of subsec-
fions (a) and (b)(2)-(4), new subsection (b)(6), amendment of subsection (c)
and new subsecfion (d), transmitted to OAL 1 1-25-97 and filed 1-9-98 (Regis-
ter 98, No. 2).
Page 761
Register 2008, No. 17; 4-25-2008
§ 17863
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code
section 1 1343.4 (Register 2003, No. 14).
Article 3. Report of Facility Information
§ 17863. Report of Composting Site Information.
Each operator of a compostable material handling facility that is re-
quired to obtain a Compostable Materials Handling Facility Permit, as
specified in Article 2 of this Chapter, shall, at the time of application, file
a Report of Composting Site Information with the EA. If the operator in-
tends to alter the permitted feedstock, these changes must be reported to
the EA for maintenance of permit status. Such changes may become the
basis for revisions to the permit or for revocation of the permit.
(m) A description of the proposed site restoration activities, in accor-
dance with Section 17870.
NOTE: Authority cited: Sections 40.'S02, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 3 and section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
2. Amendment of subsection (f) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 1 5). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsection (0 refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 12-1 -97 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
tiled 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 113434 (Register 2003, No. 14).
§ 17863.4. Odor Impact Minimization Plan.
(a) All compostable material handling operations and facilities shall
prepare, implement and maintain a site-specific odor impact minimiza-
tion plan. A complete plan shall be submitted to the EA with the EA Noti-
fication or permit application.
(b) Odor impact minimization plans shall provide guidance to on-site
operation personnel by describing, at a minimum, the following items.
If the operator will not be implementing any of these procedures, the plan
shall explain why it is not necessary.
(1) an odor monitoring protocol which describes the proximity of pos-
sible odor receptors and a method for assessing odor impacts at the loca-
tions of the possible odor receptors; and,
(2) a description of meteorological conditions effecting migration of
odors and/or transport of odor-causing material off-site. Seasonal varia-
tions that effect wind velocity and direction shall also be described; and,
(3) a complaint response protocol; and,
(4) a description of design considerations and/or projected ranges of
optimal operation to be employed in minimizing odor, including method
and degree of aeration, moisture content of materials, feedstock charac-
teristics, airborne emission production, process water distribution, pad
and site drainage and permeability, equipment rehability, personnel
training, weather event impacts, utility service interruptions, and site
specific concerns; and,
(5) a description of operating procedures for minimizing odor, includ-
ing aeration, moisture management, feedstock quality, drainage controls,
pad maintenance, wastewater pond controls, storage practices (e.g., stor-
age time and pile geometry), contingency plans (i.e., equipment, water,
power, and personnel), biofiltration, and tarping.
(c) The odor impact minimization plan shall be revised to reflect any
changes, and a copy shall be provided to the EA, within 30 days of those
changes.
(d) The odor impact minimization plans shall be reviewed annually by
the operator to determine if any revisions are necessary.
(e) The odor impact minimization plan shall be used by the EA to de-
termine whether or not the operation or facility is following the proce-
dures established by the operator. If the EA determines that the odor im-
pact minimization plan is not being followed, the EA may issue a Notice
and Order (pursuant to section 1 8304) to require the operator to either
comply with the odor impact minimization plan or to revise it.
(f) If the odor impact minimization plan is being followed, but odor
impacts are still occurring, the EA may issue a Notice and Order (pur-
suant to section 18304) requiring the operator to take additional reason-
able and feasible measures to minimize odors.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Re-
sources Code. Reference: Sections 43020. 43021 and 43209.1,
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending subsection (e) filed 8-23-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
34).
Article 4.
Standardized Composting Permit
Terms and Conditions
§ 17864. General Terms and Conditions.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1 . New article 4, section and Appendix 1 filed 6-30-95; operafive 7-30-95 (Regis-
ter 95, No. 26).
2. Change without regulatory effect amending section and moving form to section
1 883 1 , appendix A filed 4-2-96 pursuant to section 1 00, title 1 , California Code
of Regulations (Register 96, No. 14).
3. Change without regulatory effect amending section filed 2-6-97 pursuant to
section 100, title 1, California Code of Regulations (Register 97, No. 6).
4. Repealerof article 4 (section 17864) and repealer of section filed 4-4-2003; op-
erative 4^-2003 pursuant to Government Code section 11343.4 (Register
2003, No. 14).
Article 5. Composting Operation and
Facility Siting and Design Standards
§17865. Siting on Landfills.
(a) Corhpostable materials handling operations and facihties located
atop closed solid waste landfills shall meet postclosure land use require-
ments pursuant to Title 27, California Code of Regulations, Division 2,
Subdivision 1, Chapter 3, Subchapter 5, Article 2, section 21 190.
(b) Compostable materials handling operations and facilities sited on
intermediate cover on a solid waste landfill shall locate operations areas
on foundation substrate that is stabilized, either by natural or mechanical
compaction, to minimize differential settlement, ponding, soil liquefac-
tion, or failure of pads or structural foundations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 5 and section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code secfion 1 13434 (Register 2003, No. 14).
3. Change without regulatory effect amending subsecdon (a) filed 8-23-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
34).
§ 17866. General Design Requirements.
(a) Compostable materials handling operations and facilities shall be
designed and constructed in such a manner as to enable the operations
and facilities to comply with the operational requirements set forth in Ar-
ticle 6 of this Chapter.
(b) The design of a compostable materials handling facility shall uti-
lize advice, as appropriate, from persons competent in engineering archi-
tecture, landscape design, traffic engineering, air quality control, and de-
sign of structures.
(1) The engineering design of a compostable materials handling facil-
ity shall be in accordance with the principles and disciplines in the State
of California generally accepted for design of this type of facility. The
Page 762
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17868.1
design of a composting facility requiring a Compostable Materials Han-
dling Facility Permit shall accompany the Report of Composting Site In-
formation, pursuant to section 17863 of this Chapter.
(2) The engineering design shall be based on appropriate data regard-
ing tile service area, anticipated nature and quantity of material to be re-
ceived, climatological factors, physical settings, adjacent land use (exist-
ing and planned), types and numbers of vehicles anticipated to enter the
station, drainage control, the hours of operation and other pertinent infor-
mation. If the station is to be used by the general public, the design of the
facility shall take account of features that may be needed to accommodate
such public use.
NOTE: Authority cited: Sections 40502, 43020 and 43021. Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1 343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsection (b)(1) filed 8-23-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 34).
Article 6. Composting Operating Standards
§ 17867. General Operating Standards.
(a) All compostable materials handUng operations and facilities shall
meet the following requirements:
(1) All handling activities are prohibited from composting any materi-
al specified in section 17855.2 of this Chapter.
(2) All handling activities shall be conducted in a manner that mini-
mizes vectors, odor impacts, litter, hazards, nuisances, and noise im-
pacts; and minimizes human contact with, inhalation, ingestion, and
transportation of dust, particulates, and pathogenic organisms.
(3) Random load checks of feedstocks, additives, and amendments for
contaminants shall be conducted.
(4) Contamination of compostable material that has undergone patho-
gen reduction, pursuant to section 17868.3 of this Chapter, with feed-
stocks, compost, or wastes that have not undergone pathogen reduction,
pursuant to section 17868.3 of this Chapter, or additives shall be pre-
vented.
(5) Unauthorized human or animal access to the facility shall be pre-
vented.
(6) Traffic flow into, on, and out of the composting operation or facil-
ity shall be controlled in a safe manner.
(7) All compostable materials handling operations and facilities, that
are open for public business, shall post legible signs at all public en-
trances. These signs shall include the following information:
(A) name of the operation or facility,
(B) name of the operator,
(C) facility hours of operation,
(D) materials that will and will not be accepted, if applicable,
(E) schedule of charges, if applicable, and
(F) phone number where operator or designee can be reached in case
of an emergency.
(8) The operator shall provide fire prevention, protection and control
measures, including, but not limited to, temperature monitoring of wind-
rows and piles, adequate water supply for fire suppression, and the isola-
tion of potential ignition sources from combustible materials. Firelanes
shall be provided to allow fire control equipment access to all operation
areas.
(9) The operator shall provide telephone or radio communication ca-
pability for emergency purposes.
(10) Physical Contaminants and refuse removed from feedstock, com-
post, or chipped and ground material shall be removed from the site with-
in 7 days and transported to an appropriate facihty.
(11) Enclosed operations and facilities shall provide ventilation to pre-
vent adverse public health effects from decomposition gases.
(12) The operator shall ensure that leachate is controlled to prevent
contact with the public.
( 1 3) The operator shall prevent or remove physical contaminants in
compost and chipped and ground materials that may cause injury to hu-
mans.
(14) An attendant shall be on duty during business hours if the opera-
tion or facility is open to the public.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. New article 6 and repealer and new section filed 6-30-95; operative 7-30-95
(Register 95, No. 26).
3. Amendment of subsection (a)(4) filed 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted
to OAL by 8-5-97 or emergency language will be repealed by operation of law
on the following day.
4. Amendment of subsection (a)(4) refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 1 2-1-97 or emergency language will be repealed by operation of law
on the following day.
5 . Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1 -25-97 and
filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code secfion 11 343 .4 (Register 2003, No. 14).
7. Change without regulatory effect amending subsection (a)(4) filed 8-23-2005
pursuant to section 100, title 1 , California Code of Regulations (Register 2005,
No. 34).
8. Repealer and new subsection (a)(l ) filed 6-1 8-2007 as an emergency; operative
6-1 8-2007 (Register 2007, No. 25). A Certificate of Compliance must be trans-
mitted to OAL by 12-17-2007 or emergency language will be repealed by op-
erafion of law on the following day.
9. Repealer and new subsection (a)(1) refiled 12-17-2007 as an emergency; op-
erative 12-17-2007 (Register 2007, No. 51 ). A Certificate of Compliance must
be transmitted to OAL by 3-17-2008 or emergency language will be repealed
by operation of law on the following day.
10. Certificate of Compliance as to 12-17-2007 order transmitted to OAL
3-13-2008 and filed 4-25-2008 (Register 2008, No. 17).
§17867.5. Training.
(a) Compostable materials handling operations and facilities shall
meet the following requirements:
(1) Operators shall ensure that all personnel assigned to the operation
shall be trained in subjects pertinent to operations and maintenance, in-
cluding the requirements of this article, physical contaminants and haz-
ardous materials recognition and screening, with emphasis on odor im-
pact management and emergency procedures. A record of such training
shall be maintained on the site.
NOTE: Authority cited: Sections 40502, 43020, and 43021, Public Resources
Code. Reference: Secfions 43020 and 43021, Public Resources Code.
History
1. New section filed 4-4-2003; operadve 4-4-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 14).
Article 7. Environmental Health Standards
§17868.1. Sampling Requirements.
All composting operations that sell or give away greater than 1,000 cu-
bic yards of compost annually, and all facilities shall meet the following
requirements:
(a) Operators shall verify that compost meets the maximum acceptable
metal concentration limits specified in section 17868.2, and pathogen re-
duction requirements specified in section 17868.3. Verification of patho-
gen reduction requirements shall occur at the point where compost is sold
and removed from the site, bagged for sale, given away for beneficial use
and removed from the site or otherwise beneficially used. This verifica-
tion shall be performed by taking and analyzing at least one composite
sample of compost, following the requirements of this section as follows:
(1 ) An operator who composts green material, food material, or mixed
solid waste shall take and analyze one composite sample for every 5,000
cubic-yards of compost produced.
(2) An operator who composts biosolids shall meet the sampling
schedule described in Table 1 below.
Page 762.1
Register 2008, No. 17; 4-25-2008
§ 17868.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Table J - Frequencies of Compost Sampling for Biosolids
Composting Facilities
Amount of Biosolids
Compost Feedstock {metric
tons per 365 day period) Frequency
Greatei- than zero but
fewer than 290
Equal to or greater than
290 but fewer than L500
Equal to or greater than
1,500 but fewer than 15,000
Amount of Biosolids
Compost Feedstock (metric
tons per 365 day period)
Equal to or greater than
15.000
annually
quaiterly
bimonthly
Frequency
monthly
(A) The amount of biosolids compost feedstock shall be calculated in
dry weight metric tons.
(3) Composite sample analysis for maximum acceptable metal con-
centrations, specified in section 17868.2, shall be conducted at a labora-
tory certified by the California Department of Health Services, pursuant
to the Health and Safety Code.
(b) A composite sample shall be representative and random, and may
be obtained by taking twelve (12) mixed samples as described below.
(1) The twelve samples shall be of equal volume.
(2) The twelve samples shall be extracted from within the compost pile
as follows:
(A) Four samples from one-half the width of the pile, each at a differ-
ent cross-section;
(B) Four samples from one-fourth the width of the pile, each at a dif-
ferent cross-section; and,
(C) Four samples from one-eighth the width of the pile, each at a dif-
ferent cross-section.
(c) The EA may approve alternative methods of sampling for a green
material composting operation or facility that ensures the maximum met-
al concentration requirements of section 17868.2 and the pathogen re-
duction requirements of section 17868.3 are met.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Pubhc Resources Code.
History
1 . New article 7 and section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
2. Amendment of subsection (a) and Table 1 filed 4-7-97 as an emergency; opera-
tive 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-97 or emergency language will be repealed by operation
of law on the following day.
3. Amendment of subsection (a) and Table 1 refiled 4-7-97 as an emergency; op-
erative 4—7-97 (Register 97, No. 31). A Certificate of Compliance must be
transmitted to OAL by 12-1-97 or emergency language will be repealed by op-
eration of law on the following day.
4. Certificate of Compliance as to 4-7-97 order, including further amendment of
subsection (a), transmitted to OAL 11-25-97 and filed 1-9-98 (Register 98,
No. 2).
5. Amendment filed 4^1-2003; operative 4-4-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsections (a) and (a)(3) filed
8-23-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 34).
§ 17868.2. Maximum Metal Concentrations.
(a) Compost products derived from compostable materials that con-
tain any metal in amounts that exceed the maximum acceptable metal
concentrations shown in Table 2 shall be designated for disposal, addi-
tional processing, or other use as approved by state or federal agencies
having appropriate jurisdiction.
Table 2 — Maximum Acceptable Metal Concentrations
Constituent Concentration (mg/kg)
on dry weight basis
Arsenic (As) 41
Cadmium (Cd) 39
Chromium (Cr) 1 200
Copper (Cu) 1500
Lead (Pb) 300
Mercury (Hg) 17
Nickel (Ni) 420
Selenium (Se) 36
Zinc (Zn) 2800
(b) Alternative methods of compliance to meet the requireinents of
Subdivision (a) of this section, including but not limited to sampling fre-
quencies, may be approved by the EA for green and food materials com-
posting operations and facilities if the EA determines that the alternative
method will ensure that the maximum acceptable metal concentrations
shown in Table 2 are not exceeded.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of first paragraph filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 1 5). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of first paragraph refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 3 1 ). A Certificate of Compliance must be transmitted
to OAL by 12-1-97 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
5. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 14).
6. Change without regulatory effect amending subsection (b) filed 8-23-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
34).
§ 17868.3. Pathogen Reduction.
(a) Compost products derived from compostable materials, that con-
tains pathogens in amounts that exceed the maximum acceptable patho-
gen concentrations described in Subdivision (b) of this section shall be
designated for disposal, additional processing, or other use as approved
by state or federal agencies having appropriate jurisdiction.
(b) Operators that produce compost shall ensure that:
(1) The density of fecal coliform in compost, that is or has at one time
been active compost, shall be less than 1 ,000 Most Probable Number per
gram of total solids (dry weight basis), and the density of Salmonella sp.
bacteria in compost shall be less than three (3) Most Probable Number
per four (4) grams of total sohds (dry weight basis).
(2) At enclosed or within-vessel composting process operations and
facilities, active compost shall be maintained at a temperature of 55 de-
grees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduc-
tion period of 3 days.
(A) Due to variations among enclosed and within-vessel composting
system designs, including tunnels, the operator shall submit a system-
specific temperature monitoring plan with the permit application to meet
the requirements of Subdivision (b)(2) of this section.
(3) If the operation or facility uses a windrow composting process, ac-
tive compost shall be maintained under aerobic conditions at a tempera-
ture of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a patho-
gen reduction period of 15 days or longer. During the period when the
compost is maintained at 55 degrees Celsius or higher, there shall be a
minimum of five (5) turnings of the windrow.
(4) If the operation or facility uses an aerated static pile composting
process, all active compost shall be covered with 6 to 12 inches of insulat-
ing material, and the active compost shall be maintained at a temperature
of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen
reduction period of 3 days.
(c) Alternative methods of compliance to meet the requirements of
Subdivision (b) of this section may be approved by the EA if the EA de-
termines that the alternative method will provide equivalent pathogen re-
duction.
Page 762.2
Register 2008, No. 17; 4-25-
Title 14
California Integrated Waste Management Board
§ 17869
(d) Compost operations and facilities shall be monitored as follows to
ensure that the standards in Subdivision (b) of this section are met:
(1) Each day during the pathogen reduction period, at least one tem-
perature reading shall be taken per every 150 feet of windrow, or fraction
thereof, or for every 200 cubic-yards of active compost, or fraction there-
of.
(2) Temperature measurements for pathogen reduction shall be mea-
sured as follows:
(A) Windrow composting processes and agitated bays shall be moni-
tored twelve (12) to twenty-four (24) inches below the pile surface;
(B) Aerated static pile composting processes shall be monitored
twelve (12) to eighteen (18) inches from the point where the insulation
cover meets the active compost.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of subsections (a) and (b)(] ) filed 4-7-97 as an emergency; opera-
tive 4-7-97 (Register 97, No. 15). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-97 or emergency language will be repealed by operation
of law on the following day.
3. Amendment of subsections (a) and (b)(1) refiled 4-7-97 as an emergency; op-
erative 4-7-97 (Register 97, No. 31). A Certificate of Compliance must be
transmitted to OAL by 1 2-1-97 or emergency language will be repealed by op-
eration of law on the following day.
4. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
5. Amendment of subsecfions (a), (b)(l)-(2) and (c) filed 4-4-2003; operative
4-4-2003 pursuant to Government Code section 1 1343.4 (Register 2003, No.
14).
6. Change without regulatory effect amending subsections (a), (b)(2)(A), (c) and
(d) filed 8-23-2005 pursuant to section 100, dtle 1, California Code of Regula-
tions (Register 2005, No. 34).
§ 17868.4. Clean Green Material Processing Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
2. Amendment of first paragraph filed 1-9-98; operafive 1-9-98 (Register 98, No.
2).
3. Repealer filed 4-4-2003; operative 4-4-2003 pursuant to Government Code
section 11343.4 (Register 2003, No. 14).
§ 17868.5. Green Material Processing Requirements.
In order for a feedstock to be considered green material, as defined in
section 17852(a)(21), the following requirements shall be met:
(a) The feedstock shall undergo load checking to ensure that physical
contaminants are no greater than 1 .0 percent of total weight. Load check-
ing shall include both visual observation of incoming waste loads and
load sorting to quantify percentage of contaminating materials.
(1) A minimum of one percent of daily incoming feedstock volume or
at least one truck per day, whichever is greater, shall be inspected visual-
ly. If a visual load check indicates a contamination level greater than 1 .0
percent, a representative sample shall be taken, physical contaminants
shall be collected and weighed, and the percentage of physical contami-
nants determined. The load shall be rejected if physical contaminants are
greater than 1.0 percent of total weight.
(b) Upon request of the EA, the operator shall take a representative
sample of feedstock, physical contaminants shall be collected and
weighed, and the percentage of physical contaminants determined.
(c) Any agricultural material handling operation using this material
shall ensure the feedstock meets the metal concentration limits specified
in Table 2 of section 17868.2.
(d) Facility personnel shall be adequately trained to perform the activi-
ties specified in this section.
(e) Any operation or facility using this feedstock shall maintain re-
cords demonstrating compliance with this section.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 4-4-2003; operafive 4-4-2003 pursuant to Govemment
Code secfion 11343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending first paragraph and subsection (c)
filed 8-23-2005 pursuant to section 1 00, fitle 1, California Code of Regulations
(Register 2005, No. 34).
Article 8.
Composting Operation and
Facility Records
§ 17869. General Record Keeping Requirements.
Except as provided in subsection (d), all compostable materials han-
dling operations and facilities shall meet the following requirements:
(a) All records required by this Chapter shall be kept in one location
and accessible for five (5) years and shall be available for inspection by
authorized representatives of the board, EA local health entity, and other
duly authorized regulatory and EAs during normal working hours.
(b) The operator shall record any special occurrences encountered dur-
ing operation and methods used to resolve problems arising from these
events, including details of all incidents that required implementing
emergency procedures.
(c) The operator shall record any public complaints received by the op-
erator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person
or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record the quantity and type of feedstock re-
ceived and quantity of compost and chipped and ground material pro-
duced. Agricultural compostable materials handling operations shall
maintain records only for compostable material accepted from off-site.
(e) The operator shall record the number of load checks performed and
loads rejected.
(f) The operator shall record all test results generated by compliance
with Article 7 of this Chapter, including but not limited to, metal concen-
trations, fecal coliform and Salmonella sp. densities, temperature mea-
surements, and dates of windrow turnings.
(1) The operator shall retain records detailing pathogen reduction
methods.
(g) The operator shall record and retain records of any serious injury
to the public occurring on-site and any complaint of adverse health ef-
fects to the public attributed to operations. Serious injury means any inju-
ry that requires inpatient hospitalization for a period in excess of 24 hours
or in which a member of the public suffers a loss of any member of the
body or suffers any degree of permanent disfigurement.
(h) The operator shall retain a record of training and instruction com-
pleted in accordance with section 17867.5.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 3 and secfion filed 7-15-93; operative 7-15-93 (Register 93, No.
29).
2. Repealer of article 3, new article 8 and repealer and new section filed 6-30-95;
operative 7-30-95 (Register 95, No. 26).
3. Amendment of subsection (d) filed 4-7-97 as an emergency; operative 4-7-97
(Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL
by 8-5-97 or emergency language will be repealed by operadon of law on the
following day.
4. Amendment of subsection (d) refiled 4-7-97 as an emergency; operative
4-7-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted
to OAL by 1 2-1-97 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 4-7-97 order transmitted to OAL 1 1-25-97 and
filed 1-9-98 (Register 98, No. 2).
6. Amendment filed 4-4-2003; operafive 4-4-2003 pursuant to Govemment
Code secfion 11343.4 (Register 2003, No. 14).
Page 762.3
Register 2008, No. 17; 4-25-2008
§ 17870
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 9. Composting Facility Site
Restoration
§17870. Site Restoration.
AH compostable materials handling operations and facilities shall
meet the following requirements:
(a) The operator shall provide the EA written notice of intent to per-
form site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration neces-
sary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration proce-
dures are performed upon completion of operations and termination of
service:
( 1 ) The operation and facility grounds, ponds, and drainage areas shall
be cleaned of all residues including, but not limited to, compost materi-
als, construction scraps, and other materials related to the operations, and
these residues legally recycled, reused, or disposed of.
(2) All machinery shall be cleaned and removed or stored securely.
(3) All remaining structures shall be cleaned of compost materials,
dust, particulates, or other residues related to the composting and site res-
toration operations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New article 9 and section filed 6-30-95; operative 7-30-95 (Register 95, No.
26).
2. Amendment of first paragraph and subsection (a) filed 4-4-2003; operative
4-4-2003 pursuant to Government Code section 1 1343.4 (Register 2003, No.
14).
§ 17871. Geological Siting Requirements.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 43020 and 43021, Public Resources
Code.
History
1. New section filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17873. General Facility Design Requirements.
Note; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 4302 1 , Public Resources Code; and Sections 6730, 6735.1, 6735.3, and
6735.4, Business and Professions Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17875. General Facility Operations Procedures for
Exempted and Non-Exempted Composting
Facilities.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Pubhc Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17876. General Facility Operations Procedures for
Non-Exempted Composting Facilities.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 43021, Public Resources Code.
History
1 . New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17877. Record Maintenance Requirements.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051. 40052, 40053, 40054, 40055, 40056, 40057,
43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 1 7879. Site Closure Standards.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053. 40054, 40055, 40056, 40057,
43020 and 43021, Public Resources Code.
History
1 . New section filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17881. Purpose, Scope, and Applicability.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053, 40054, 40055, 40056, 40057,
40116, 43020 and 43021, Pubhc Resources Code.
History
1 . New article 4 and secnon filed 7-15-93; operafive 7-15-93 (Register 93, No.
29).
2. Repealer of article 4 and secfion filed 6-30-95; operafive 7-30-95 (Register 95,
No. 26).
§ 17883. Compliance with Laws and Regulations.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17885. General Requirements.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code; and 40 CFR, Part 261.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§17886. Compliance Period.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New secfion filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operafive 7-30-95 (Register 95, No. 26).
§ 17887. Environmental Health Standards.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, PubUc Resources Code.
History
1. New secfion filed 7-15-93; operafive 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operafive 7-30-95 (Register 95, No. 26).
[The next page is 763.]
Page 762.4
Register 2008, No. 17; 4-25-2008
Title 14
California Integrated Waste Management Board
§ 17897.15
§17889. Compliance Monitoring Program.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 1 7891 . Noncompliance and Green Composting Permit
Modification.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055. 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17893. Specific Exemptions.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057,
401 16, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
§ 17895. Reporting Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 40051, 40052, 40053, 40054, 40055, 40056, 40057,
40116, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-30-95; operative 7-30-95 (Register 95, No. 26).
Chapter 3.5. Standards for Handling and
Disposal of Asbestos Containing Waste
Article 1. General
§ 17897. Purpose, Scope and Applicability.
(a) The purpose of this chapter is to establish minimum standards that
define the acceptable management of asbestos containing waste. The
standards of this chapter apply only to the owner or operator of a solid
waste facility who disposes of asbestos containing waste, pursuant to
Health and Safety Code section 25143.7.
(b) Nothing in these Articles shall be construed as relieving any owner,
operator, or designee from the obligation of obtaining all required per-
mits, licenses, or other clearances and complying with all orders, laws,
regulations, or reports, or other requirements of other regulatory or en-
forcement agencies, including but not limited to, local health agencies,
regional water quality control boards, air quality management districts or
air pollution control districts, local land use authorities, and fire authori-
ties.
Note; Authority cited: Secfion 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1. New chapter 3.5 (articles 1-5, secfions 17897-17897.25), article 1 (sections
17897-17897.15) and section filed 8-1-96 as an emergency; operative 8-1-96
(Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL
by 11-29-96 or emergency language will be repealed by operation of law on
the following day.
2. Certificate of Compliance as to 8-1-96 order, including new subsection (a) des-
ignator and new subsecfion (b), transmitted to OAL 1 1-27-96 and filed
l-13-97(Register97, No. 3).
§17897.10. Definitions.
The following definitions are to used only for the purposes of this
Chapter.
"Adequately wet" means waste that is sufficiently mixed or penetrated
with liquid to prevent the release of finely divided particles. Spraying wa-
ter over the surface of asbestos containing waste does not satisfy "ade-
quately wet" requirement.
"Asbestos Containing Waste" or "ACW" means asbestos containing
waste managed at a landfill as authorized by section 25 1 43.7, chapter 6.5
of the California Health and Safety Code which contains greater than one
percent (1%) friable asbestos by weight. Asbestos containing waste does
not include waste contaminated with another hazardous waste as identi-
fied in chapter 11. division 4.5. title 22, California Code of Regulations.
"Designated Asbestos Containing Waste Disposal Area" means an
area specifically designated for the disposal of asbestos containing waste
at a solid waste facility. A specifically designated area is a dedicated dis-
posal area. The area shall be identified on a survey plat containing the lo-
cation and dimensions of the area with respect to pennanently surveyed
vertical and horizontal control monuments. This survey plat shall be pre-
pared and certified by a professional land surveyor licensed in California
or a civil engineer authorized to practice land surveying in California.
The designated area shall be delineated with physical barriers, such as a
fence, and signs.
"Disposal" means the final deposition of asbestos containing waste
onto the land, into the atmosphere or into the waters of the state.
"Enforcement Agency" means the California Integrated Waste Man-
agement Board or its designee.
"Excavation" means any activity that exposes buried asbestos contain-
ing waste to the atmosphere.
"Handling" means the collection, processing, treatment, or packaging
of asbestos containing waste for disposal.
"Leak tight" means that solids or liquids cannot escape or spill out. It
also means dust tight.
"Natural barrier" means a natural object that effectively precludes or
deters access. Natural barriers include physical obstacles such as cliffs,
lakes, or other large bodies of water, deep and wide ravines, and moun-
tains. Remoteness by itself is not a natural barrier.
"Solid waste facility" means any class II or class III landfill as defined
in sections 2532 and 2533, chapter 15, title 23, California Code of Regu-
lations (CCR); and any unclassified waste management unit which ac-
cepts inert waste as defined in section 2524, chapter 15, title 23, CCR.
"Visible emissions" means any emissions that are visually detectable
without the aid of instrument, coming from asbestos containing waste or
from handling and disposal of asbestos containing waste. This does not
include condensed uncombined water vapor.
NotE; Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code; and 40 CFR Part 61 Section 140, Subpart
M.
History
1 . New section filed 8-1-96 as an emergency; operafi ve 8-1-96 (Register 96, No.
31). A Certificate of Compliance must be transmitted to OAL by 1 1-29-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of first paragraph and definifion of "Natural barrier" (Regis-
ter 97, No. 3).
3. Certificate of Compliance as to 8-1-96 order, including amendment to defini-
tion of "Asbestos Containing Waste" and amendment of Note, transmitted to
OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
§ 1 7897.1 5. Schedules of Compliance.
(a) The owner or operator of a solid waste facility that disposes of as-
bestos containing waste (ACW) in accordance with section 25143.7 of
the Health and Safety Code on or after August 1 , 1996 and does not pos-
sess a solid waste facilities permit shall:
(1) Comply with the security, inspection, manifest system, record-
keeping and reporting requirements specified in this chapter on or before
October 30, 1996.
(2) Implement the approved change(s) according to a schedule of com-
pliance established by the Enforcement Agency.
(3) Obtain a solid waste faciliUes permit on or before November 29,
1997.
(b) The owner or operator of a solid waste facility that disposes of
ACW in accordance with section 25143.7 of the Health and Safety Code
Page 763
Register 97, No. 15; 4-11-97
§ 17897.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
on or after August 1, 1996 and has a solid waste facilities permit which
regulates the disposal of asbestos containing waste shall:
(J) Comply with the security, inspection, manifest system, record-
keeping and reporting requirements specified in this chapter on or before
October 30, 1996.
(2) Implement the approved change(s) according to a schedule of com-
pliance established by the Enforcement Agency.
(3) Obtain approval for RDSI amendments on or before November 29,
1997.
(c) The owner or operator of a solid waste facility that disposes of
ACW in accordance with section 25143.7 of the Health and Safety Code
on or after August 1, 1996 and has a solid waste facihties permit which
does not regulate the disposal of asbestos containing waste shall:
(1) Comply with the security, inspection, manifest system, record-
keeping and reporting requirements specified in this chapter on or before
October 30, 1996.
(2) Implement the approved change(s) according to a schedule of com-
pUance established by the Enforcement Agency.
(3) Obtain a revised solid waste facilities permit on or before Novem-
ber 29, 1997.
(d) The owner or operator of a solid waste facility that has not disposed
of ACW in accordance with section 25143.7 of the Health and Safety
Code on or before August 1, 1996 and intends to dispose of ACW shall
file an application for a permit revision request pursuant to article 3.1,
chapter 5 of this division to the Enforcement Agency and comply with
the provisions specified in this chapter.
(e) The owner or operator of a new solid waste facility who intends to
dispose of ACW in accordance with section 25143.7 of the Health and
Safety Code after August 1, 1996 shall file an application for a new per-
mit pursuant to article 3. 1 , chapter 5 of this division to the Enforcement
Agency and comply with the provisions specified in this chapter.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1 . New section filed 8-1 -96 as an emergency; operative 8-1-96 (Register 96, No.
31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsec-
tions (a) and (e), transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register 97,
No. 3).
Article 2. Standards
§17897.16. General Standards.
The owner or operator of any solid waste facility that disposes of as-
bestos containing waste shall ensure that the designated asbestos contain-
ing waste disposal area complies with requirements specified in this divi-
sion. The designated asbestos containing waste disposal area shall be
located, designed, constructed, operated and maintained so that it will
protect public health, worker safety, and the environment.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1. New article 2 (sections 17897.16-17897.20) and section filed 8-1-96 as an
emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Com-
pliance must be transmitted to OAL by 1 1-29-96 or emergency language will
be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 1 1-27-96 and
filed 1-13-97 (Register 97, No. 3).
§ 17897.18. Design and Operating Requirements.
The owner or operator of a solid waste facility that disposes of asbestos
containing waste shall:
(a) establish a designated asbestos containing waste disposal area for
the disposal of asbestos containing waste as defined in section 17897.10;
(b) establish a site control program with work zones and control points
at the designated asbestos containing waste disposal area. At a minimum.
work zones should be established for the active face, designated disposal
area, handling and support areas;
(c) segregate asbestos containing waste from refuse. At no time shall
asbestos containing waste be disposed with refuse;
(d) establish a means to prevent any visible emissions outside the des-
ignated asbestos containing waste disposal area during handling and dis-
posal operations;
(e) maintain the integrity of leak-tight containers and/or packaging at
all times during the handling and disposal operations;
(f) minimize the release and exposure of asbestos containing waste af-
ter placement in the disposal area by not compacting the waste prior to
application of cover, at no time shall compaction equipment come into
contact with asbestos containing waste containers or packaging;
(g) after deposit, the owner or operator shall cover the asbestos con-
taining waste with sufficient cover material to ensure complete coverage
of the disposed asbestos containing waste and prevent re-exposure dur-
ing continuing disposal operations.
(h) cover shall be applied to the asbestos containing waste at a frequen-
cy that minimizes releases to the environment and threats to human
health, but at a minimum of once every operational hour. An alternative
frequency may be prescribed if the Enforcement Agency deems it appro-
priate.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
fion 25143.7. Health and Safety Code.
History
1 . New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No.
31 ). A Certificate of Compliance must be transmitted to OAL by 1 1-29-96 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsec-
non (h), transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register 97, No. 3).
§ 17897.19. Additional Requirements.
(a) The owner or operator shall not accept asbestos containing waste
without having received an Identification Number as described in section
66260. 10, title 22, California Code of Regulations (CCR), following the
procedure specified by the Department of Toxic Substances Control.
(b) In addition to any requirements already imposed on landfills by
Title 14, Division 7, Chapter 3 (commencing with section 17200) and
Chapter 5 (commencing with section 18010), and in lieu of any require-
ments imposed by Title 8 and Title 22, the owner or operator shall comply
with the following requirements:
(1) Provide additional site security to that required in article 7.4 of
chapter 3 of this division (commencing with section 17656) to prevent
unauthorized entry of persons into the designated asbestos containing
waste disposal area. These requirements include:
(A) A surveillance system which continuously monitors and controls
entry by the public into the designated asbestos containing waste disposal
area or means to control entry into the designated asbestos containing
waste disposal area at all times, unless the entire facility meets the above
requirements or the facility does not allow public access.
(B) Post warning signs as specified in this section around the desig-
nated asbestos containing waste disposal area. These signs must be
posted in a manner so that a person can read them. These signs shall be
at least 51 cm X 36 cm (20 inch x 14 inch) and state the following infor-
mation:
DANGER
Asbestos Waste Disposal Site
Do Not Create Dust
Breathing Asbestos Is Hazardous To Your Health
The top line shall be in at least one and three fourths inch (4.4 cm) type.
The second line shall be in at least one inch (2.5 cm) type. The third line
shall be in at least three fourths inch (1.9 cm) type. The last line shall be
in at least 48 point type. All four lines shall be in Sans Serif, Gothic or
Block type. The line spacing shall be equal or greater to the height of the
upper line. The legend shall be written in English, Spanish and in any oth-
er language predominant in the area surrounding the solid waste facility.
Page 764
Register 97, No. 15; 4-11-97
Title 14
California Integrated Waste Management Board
§ 17897.21
(2) In addition to disposal site records specified in article 7.3 of chapter
3 of this division (commencing with section 17636), maintain the addi-
tional information required by article 5, chapter 15, division 4.5, title 22,
CCR as it relates to hazardous waste manifests and recordkeeping.
(A) The solid waste facility shall comply with the requirements of
chapter 18, division 4.5, tide 22, CCR as they apply to the notification/
certification/treatment of asbestos containing waste prior to land dispos-
al. At a minimum, the solid waste facihty should ensure that the asbestos
containing waste is adequately wet or treated so that it meets this standard
prior to disposal.
(B) The solid waste facility shall maintain an operating record as part
of the disposal site record. This operating record shall include the follow-
ing information: the quantity and date of each shipment of asbestos con-
taining waste received, the disposal location(s) of each shipment of as-
bestos containing waste, a summary report of all incidents which require
implementation of the contingency plan, results of inspection required by
section 17897.20, and training records as specified in subsection
(c)(2)(B) of this section. The operating record shall be maintained until
closure of the facility.
(3) Meet the requirements for financial responsibility for liability
claims and closure and post closure as specified in articles 3.3 and 3.5 of
chapter 5 of this division.
(c) The owner or operator shall at a minimum comply with the follow-
ing additional requirements:
(1) The solid waste facihty shall prepare a contingency plan. The con-
tingency plan shall be designed to minimize the hazard to human health
or the environment from unplanned sudden or non-sudden release of as-
bestos containing waste to the air, soil or water. The provisions of this
plan shall be carried out immediately when a release could threaten hu-
man health or the environment.
(A) The contingency plan shall describe the actions facility personnel
shall take in response to a release of asbestos containing waste. The plan
shall describe arrangements agreed to by local emergency response
agencies. The plan shall list names, addresses and telephone numbers of
all persons qualified to act as emergency coordinators. This list shall be
kept up to date. The plan shall list all emergency equipment located at the
facility. This hst shall be kept up to date. The plan shall include a descrip-
tion of each item on the list and a brief description of its capabilities. The
plan shall describe a signal to begin evacuation, identify routes for evacu-
ation, and identify alternate routes.
(B) The contingency plan shall be amended whenever: the regulations
change, the plan fails, the facility changes in operation, the Ust of emer-
gency coordinators changes, or the list of emergency equipment changes.
(C) The owner or operator shall note in the operating record the time,
date, and details of any incident that requires implementing the contin-
gency plan. Within 15 days after the incident, the owner or operator shall
submit a written report on the incident to the Enforcement Agency.
(2) Solid waste facility personnel shall complete a program of clas-
sroom instruction or on-the-job training that teaches them to perform
their duties in a way which ensures the facility's compliance with these
requirements.
(A) The training program shall be directed by a person trained in asbes-
tos waste management procedures. At a minimum, the training program
shall be designed to ensure that facility personnel are capable of respond-
ing effectively to an emergency by familiarizing them with the contin-
gency plan. Personnel shall successfully complete the training described
within six months of their assignment to duties which manage asbestos
containing waste. Personnel shall also take part in an annual review of the
initial training. No personnel shall work unsupervised until they have
completed the training described in this section.
(B) The owner or operator shall maintain the following documents and
records at the facility: a job title for each job related to asbestos contain-
ing waste management and the name of each person filling that job; a
written description of that job title; a written description of the type and
amount of training required for that job title; and records documenting
that the training had been given.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1 . New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No.
31). A Certificate of Compliance must be transmitted to OAL by 1 1-29-96 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order, including amendment of subsec-
tions (b)( 1 ) and (b)(2), transmitted to OAL 1 1 -27-96 and filed 1-1 3-97 (Regis-
ter 97, No. 3).
§ 17897.20. Inspection Requirements.
The owner or operator of a solid waste facility that disposes of asbestos
containing waste shall inspect the facility. This inspection shall include
but not be limited to the designated asbestos waste containing area for de-
terioration, operator errors, problems with cover, leakage and discharges
that may be causing or may lead to: (1) releases to the environment; or
(2) a threat to human health. The owner or operator shall maintain an in-
spection schedule that identifies the items to be inspected, the frequency
of the inspection and identify the types of problems that are to be looked
for during the inspecfion. The owner or operator shall conduct these in-
specfions often enough to identify problems in time to correct them be-
fore they harm human health or the environment but at a minimum of
once each operating day. The owner or operator must remedy any deteri-
orafion or malfunction of equipment or structures which the inspection
reveals on a schedule which ensures that the problem does not lead to an
environmental or human health hazard. Remedial action must be taken
immediately where a hazard is imminent or has already occurred. The
owner or operator shall maintain a record of these inspecfions. Notwith-
standing secuon 17897.19(b)(2)(B), the reports resulting from these in-
spections need only be kept for three years from the date of the inspec-
fion.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1. New section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No.
31). A Certificate of Compliance must be transmitted to OAL by 1 1-29-96 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 1 1-27-96 and
filed 1-13-97 (Register 97, No. 3).
Article 3. Excavation Requirements
§ 17897.21. Excavation Requirements.
(a) The owner or operator of any solid waste facility that disposes of
asbestos containing waste shall ensure that the excavafion or disturbance
of buried asbestos containing waste will not pose a danger to the public,
employees, and environment.
(b) Except as specified in subsecUon (g) of this section, an excavafion
management plan shall be prepared and submitted to the Enforcement
Agency for review and approval at least 45 days prior to excavating or
otherwise disturbing any asbestos containing waste that has been buried
at the disposal area. The excavafion management plan shall include the
following information:
(1) Schedule starting and complefion dates.
(2) Map showing the locafion of the area where buried asbestos con-
taining waste is to be excavated or disturbed, locafions of on-site struc-
tures, and environmental monitoring collecfion and control systems.
(3) Response for disturbing the waste.
(4) A health and safety plan idenfifying the health and safety issues re-
garding the proposed excavation and measures to be taken to protect pub-
Mc health, worker safety, and the environment. The plan shall be devel-
oped and prepared by an industrial hygienist cerfified by the American
Board of Industrial Hygiene. This health and safety plan shall include
work practices and engineering controls to be used to protect worker
health and safety during excavation.
Page 765
Register 2004, No. 37; 9-10-2004
§ 17897.24
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(5) Procedures to be used to control emissions during the excavation,
storage, transport, and ultimate disposal of the excavated waste. The En-
forcement Agency shall consult with the appropriate air quality control
district or state Air Resources Control Board when evaluating the pro-
posed emissions control procedures.
(6) Location of any temporary storage site and the final disposal site.
(c) The excavation management plan shall be prepared by a profes-
sional engineer or engineering geologist registered in California.
(d) If the excavation will begin on a date other than the date specified
in the plan, the owner or operator shall notify the Enforcement Agency
at least 5 calendar days prior to the rescheduled start date by certified
mail. If the completion date is delayed, the owner or operator shall notify
the Enforcement Agency of the new completion date at least 2 calendar
days before the original scheduled completion date by certified mail.
(e) In evaluating the proposed excavation management plan, the En-
forcement Agency will consider;
( 1 ) whether the excavation is necessary to the proposed use of the site,
and will not increase the potential hazard to human health or the environ-
ment;
(2) whether the excavation is necessary to reduce a threat to human
health, employees, and the environment; and
(3) recommendations of the appropriate air quality control district and
the regional water quality control board.
(f) No later than 30 calendar days from receipt of the plan, the Enforce-
ment Agency shall respond to the applicant regarding completeness of
the plan. If the plan is incomplete, the applicant will be notified which
parts of the plan are incomplete and the manner with which the plan can
be made complete. If additional review time is needed, the applicant will
be notified within 30 days of submittal of the plan.
(g) The 45 day notice is not required if an emergency excavation is per-
formed to prevent or diminish an imminent and substantial endanger-
ment to human health or the environment. If an emergency excavation
is required, the owner or operator shall give verbal notice to the Enforce-
ment Agency prior to beginning the excavation activity and submit a
written report to the Enforcement Agency within 15 days after the emer-
gency excavation has been completed.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1 . New article 3 (section 17897.21) and section filed 8-1-96 as an emergency; op-
erative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be
transmitted to OAL by 1 1-29-96 or emergency language will be repealed by
operation of law on the following day.
2. Editorial coirection of subsections (b)(4) and (d) (Register 97, No. 3).
3. Certificate of Compliance as to 8-1-96 order, including amendment of subsec-
tion (b)(5), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No.
3).
Article 4. Closure and Post Closure
§17897.24. General.
The owner or operator shall comply with all applicable closure and
post closure requirements as specified in article 7.8, chapter 3 and article
3.4, chapter 5 of this division.
NOTE: Authority cited: Section 44820, Public Resources Code. Reference: Sec-
tion 25143.7, Health and Safety Code.
History
1 . New article 4 (section 17897.24) and section filed 8-1-96 as an emergency; op-
erative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be
transmitted to OAL by 11-29-96 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 1 1-27-96 and
filed 1-13-97 (Register 97, No. 3).
Article 5. LEA Standards and Authorization
§ 17897.25. Authorized ACW Program.
Local Enforcement Agencies (LEA) shall meet the following require-
ments before being authorized to enforce this chapter.
(a) At a minimum, the LEA shall:
(1) meet the certification requirements as described in Article 2.1 of
chapter 5 of this division.
(2) have provided field staff with training in compliance with Title 8
CCR, including but not limited to recognition of asbestos, respiratory
protection, and selection and use of personal protective equipment. The
LEA shall amend their Injury, Illness and Prevention Plan to comply with
this requirement.
(3) submit an Enforcement Program Plan (EPP) amendment which ad-
dresses those elements modified by this authorization.
(4) have field staff trained in environmental sampling methodology
and practice. The training shall include knowledge of sampling tech-
nique, field quality assurance/control, sample custody, sample collection
and documentation.
(5) provide field staff with equipment necessary to comply with these
requirement including but not limited to personal protective equipment
and sample collection equipment.
(b) The LEA shall make an application for authorization to the Deputy
Director of the Permitting and Enforcement Division of the California In-
tegrated Waste Management Board by cover letter with documentation
establishing that the requirements of subsection (a) have been met.
(c) The Board may make a provisional authorization to an LEA that
meets the requirements of subsection (a)(1) and (2) of this section. A pro-
visional authorization may authorize the LEA to implement specific pro-
visions of this chapter. The Board may grant full authorization upon com-
plete compliance with the provisions of this section.
(d) In jurisdictions where the Board does not authorize a local pro-
gram, the Board will be the enforcement agency for ACW.
NOTE: Authority cited: Sections 43200 and 44820, Public Resources Code. Refer-
ence: Title 14, CCR, Division 7, Article 2.1, Chapter 5; and Title 8, CCR secfion
5192.
History
1 . New article 5 (section 17897.25) and section filed 8-1-96 as an emergency; op-
erative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be
transmitted to OAL by 1 1-29-96 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 8-1-96 order transmitted to OAL 1 1-27-96 and
filed 1-13-97 (Register 97, No. 3).
•
Chapter 4.
Resource Conservation
Programs
Article 1. Recycling Market Development
Zone Designation Process
§17900. Introduction.
For the purposes of this Article, both the question and answer in each
section have regulatory effect for implementation and enforcement. In
addition to the regulations in this Article, statutory provisions contained
in Sections 42010 through 42023 of the Public Resources Code govern
Recycling Market Development Zones. Sections 17914 and 17914.5 of
this Article relate to Recycling Market Development Zone redesignation
requests received at any time following conditional or final designation.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Sections 42013 and 42014, Public Resources Code.
History
1 . New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
Page 766
Register 2004, No. 37; 9-10-2004
Title 14
California Integrated Waste Management Board
§ 17905
2. Change without regulatory effect amending section and Note filed 7-8-94 pur-
suant to section 100, title 1, California Code of Resulations (Register 94, No.
27).
3. Amendment of section and Note filed 7-10-95; operative 8-9-95 (Reeister 95,
No. 28).
§17901. Definitions.
In addition to the definitions contained in Public Resources Code Sec-
tions 40100-40201 and 42002, the following definitions apply to the reg-
ulations contained in this Article.
(a) "Board" means the California Integrated Waste Managetnent
Board.
(b) "Compost" means the product resulting from the controlled bio-
logical decomposition of organic wastes that are source separated from
the municipal solid waste stream or which are separated at a centralized
facility. "Compost" includes vegetable, yard, and wood wastes which are
not hazardous wastes.
(c) "Designation cycle" means the time it takes to complete all the
steps that the Board and applicants take to establish Recycling Market
Development Zones. The steps include requesting applications, prepar-
ing and submitting applications, evaluation applications, selecting
zones, and making final designations as Recycling Market Development
Zones.
(d) "Final designation" means an applicant has received written notifi-
cation from the Board stating it has satisfactorily completed all the re-
quirements for designation as a Recycling Market Development Zone.
(e) "May" means a provision is permissive.
(f) "Must" means a provision is mandatory.
(g) "Proposed Zone" means the geographic area identified in a Recycl-
ing Market Development Zone application for designation as a Recycl-
ing Market Development Zone.
(h) "Recycling Market Development Zone application" means the
written application submitted to the Board, the contents of which are spe-
cified in section 17905 of this chapter.
(i) "Recycling Market Development Zone" or "Zone" is a geographic
area as defined by Public Resources Code Section 42002(c).
(j) "Redesignation" means Board approval of an application as de-
fined in section 17914, which describes proposed changes to a currently
designated Recycling Market Development Zone. The proposed changes
may include, but are not limited to, expansion of an existing Zone's
boundaries, reduction of a Zone's boundaries, renewal of Zone designa-
tion, and change in boundaries of a Zone.
(k) "Zone administrator" means the person selected by the applicant
to administer the activities of the Zone and report upon its activities to the
Board.
(/) "Expansion" means the addition of a jurisdiction or jurisdictions to
an existing Zone's boundaries.
(m) "Reduction" means the deletion of jurisdiction or jurisdictions
from an existing Zone's boundaries.
(n) "Change in boundaries of a Zone" means the addition or reduction
of land that does not involve the addition or deletion of a jurisdiction or
jurisdictions.
NOTE: Authority cited: Sections 40502 and 4201 3, Public Resources Code. Refer-
ence: Sections 40050, 42002, 42010, 42014, 42019, 42020 and 42022, Public Re-
sources Code.
History
1. New section filed 9-9-91 ; operative 10-9-91 (Register 92, No. 13).
2. New subsection (j) ^nd subsecfion redesignation filed 3-7-94; operative
3-7-94 (Register 94, No. 10).
3. Change without regulatory effect amending opening paragraph, subsection (i)
and Note filed 7-8-94 pursuant to section 1 00, title 1 , California Code of Regu-
lations (Register 94, No. 27).
4. Amendment of subsection (j) and new subsections (/)-(n) filed 9-7-2004; op-
erative 10-7-2004 (Register 2004, No. 37).
§ 17902. How does a Recycling l\/larket Development Zone
designation cycle start?
(a) By March 3 1 of each year, if and when the Board determines a need
for additional zones, it will evaluate the maximum number of new Re-
cycling Market Development Zones to be designated and initiate a new
cycle. The Board will identify the statewide recycling market develop-
ment objectives for the designation cycle. These are described in Section
17909. "
(b) Within 120 calendar days of the action taken in (a) above, the
Board will mail a notice to all who have made a written request to receive
notification, announcing the date when a Recycling Market Develop-
ment Zone designation cycle will begin. The notice will state the number
of the Zones the Board will designate during the designation cycle and
will list the statewide recycUng market development objectives and their
priority of importance.
NOTE: Authority cited: Sections 40502 and 420 13, Public Resources Code. Refer-
ence: Sections 42013-42014, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§ 17903. What is the deadline for getting my application to
the Board?
You must submit an original and four copies of your application to the
Board by 4:00 p.m. on the one hundred twentieth (120) day after the com-
mencement date of a designation cycle.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
§ 17904. What if the Board receives my application after
the deadline?
Your application will not be reviewed. The Board will notify you in
writing within a minimum of seven days and a maximum of 30 days of
the date it received your application to tell you that your application will
not be reviewed because it was late. The median timeframe for notifica-
tion is 21 days.
NOTE: Authority cited: Secfions 40502 and 4201 3, Public Resources Code. Refer-
ence: Section 42013, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, fitle 1, California Code of Regulations (Register 94, No. 27).
§ 17905. What do I need to include in my Zone
application?
Your Zone application must include all the items listed in (a) through
(g), below. When the Board reviews your application, it will consider
only the information in your application.
(a) The name(s) and address(es) of the applicant or applicants, and
(b) The name, address, and phone number of the Proposed Zone's ad-
ministrator, and
(c) The location of the Proposed Zone, as follows:
(1) A narrative description of the Proposed Zone's boundaries and lo-
cation within the State of California, and
(2) On a street map, clearly identify the streets that mark the bound-
aries of the Proposed Zone, and
(3) A copy of the existing general zoning and land use maps for the
Proposed Zone's area and the area immediately surrounding it. Clearly
identify the boundaries of the Zone on this map, and
(d) Letters of support and commitment from all cities, counties, agen-
cies, organizations, financial institutions, and businesses, including all
suppliers of recovered materials, which you have identified in the appli-
cation as having a role in the Proposed Zone, and
(e) A copy of the resolution or ordinance, from each governing body
having jurisdiction over any portion of a Proposed Zone, that makes the
findings required by Section 42010(b) of the Public Resources Code, and
(0 A detailed recycling market development plan, as described in Sec-
tion 17907, and
(g) A statement describing how you intend to satisfy the California En-
vironmental Quality Act or demonstration of CaUfomia Environmental
Quality Act compliance.
Page 766.1
Register 2004, No. 37; 9-10-2004
§ 17906
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(h) A statement demonstrating the Zone's commitment to environ-
mental justice and to protecting the environment and public health and
safety in a manner that does not unfairly affect any low-income and mi-
nority populations.
NOTE; Authority cited: Sections 40502, 42013 and 71110, Public Resources
Code. Reference: Sections 42010(b), 42015 and 7l]]0(a), Public Resources
Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92. No. 13).
2. Change without regulatory effect amending subsection (e) and Note filed
7-8-94 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 94, No. 27).
3. Amendment of subsection (g), new subsection (h) and amendment of Note filed
9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§ 17906. What will the Board consider when reviewing my
application?
When the Board reviews you application, it will consider only the in-
formation in your application.
(a) First, the Board will review applications to determine that they are
complete and meet the eligibility requirements that are described in sec-
tion 42002(c) of the Public Resources Code. Within 21 calendar days of
receiving an application, the Board will send an Initial Review Letter to
the applicant, stating that the Board has received their application. The
Board's minimum timeframe for completing an Initial Review is seven
days. The median timeframe is 14 days. The maximum time frame is 21
days. The Initial Review Letter will specify any deficiencies regarding
completeness or eligibility and grant the applicant 14 calendar days from
the date on the letter to correct the deficiencies and submit the changes
to the Board. The Board must receive the changes by 4:00 p.m. on the
14th day.
(1) Within the 21 day initial review period an applicant can make ad-
ministrative changes such as changing the name of the contact person,
submitting missing pages or correcting calculation or typographical er-
rors. An apphcant cannot make changes to the recycling market develop-
ment plan or change the size of the proposed zone during this time.
(2) If more than one application includes the same area, or portion of
an area, the Board will notify the applicants, in writing, within the 21 day
Initial Review period. The applicants must resubmit their applications
without overlapping areas within 30 calendar days of the date on the noti-
fication letter. The Board must receive your modified application by 4:00
p.m. on the 30th day.
(b) The Board will evaluate your application's recycling market devel-
opment plan and, if it is accepted, will review it against the statewide re-
cycling objectives.
NOTE: Authority cited; Sections 40502 and 42013, Public Resources Code. Refer-
ence: Section 42020, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending subsection (a) and Note filed
7-8-94 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 94, No. 27).
§ 17907. What information must be included in my
recycling market development plan?
The plan shall include, but is not limited to, the following information:
(a) An analysis of how the Zone will be supplied with the necessary
feedstock to support the number and types of businesses planned for de-
velopment within the Zone.
(b) A marketing plan that describes how the Zone will attract new, and
expand existing, businesses.
(c) A description of the funding and organizational structure of the
Zone.
(d) A description of the incentives the local governments plan to offer
to businesses in the Zone.
(e) A description of the financial support that will be available to busi-
nesses in the Zone.
(f) An analysis as to whether the available or planned public works sys-
tem will be able to support the Zone.
(g) A description of the real property and buildings available in the
Zone for market development purposes.
NOTE: Authority cited: Sections 40502 and 4201 3, Public Resources Code. Refer-
ence: Sections 42012, 42014 and 42015, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
§ 17908. What happens if my recycling market
development plan is accepted?
The Board will review your plan to see if it demonstrates that it is
well-developed enough to succeed. If the Board accepts your plan, it
qualifies for evaluation in relation to the statewide recycling market de-
velopment objectives listed in section 17909 of this Article. The Board
will select those plans which best support these objectives.
Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Sections 42015 and 42020, PubUc Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
fion 100, title 1, California Code of Regulanons (Register 94, No. 27).
§ 17909. What are statewide recycling market development
objectives?
Statewide recycling market development objectives focus on State of
California recycled materials market development policy and needs and
are defined by the Board prior to the commencement of each designation
cycle. The relative importance of these objectives may change from one
designation cycle to another to reflect the current recycled materials mar-
ket. The relative importance of each objective will be stated at the begin-
ning of a designation cycle in the Board's notice of commencement of
each designation cycle. Statewide objectives include, but are not limited
to:
(a) To extend the landfill capacity available to the applicant's jurisdic-
tion and region.
(b) To encourage advance in recycling technology.
(c) To distribute zones to encourage statewide recycling.
(d) To stimulate the development of markets for recycled materials.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Sections 42015 and 42019, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
fion 100, title 1, California Code of Regulations (Register 94, No. 27).
§ 17910. What happens if the Board designates my area as
a Zone?
(a) The Board will send you a letter, hereafter referred to as "Notifica-
tion," within a minimum of 90 and a maximum of 120 calendar days of
the application deadline and tell you whether or not you were selected as
a Recycling Market Development Zone. The medial timeframe for send-
ing you notification is 110 calendar days. If the Board designates your
area as a Zone, the Notification may state that the designation is condi-
tional and specify certain conditions that you must satisfy in order to re-
ceive final designation from the Board.
(b) Actions you must complete within 90 calendar days prior to receiv-
ing final designation may include, but are not limited to, the following:
(1) You must submit copies of all finalized multi-jurisdictional agree-
ments.
(2) You must demonstrate compHance with the California Environ-
mental Quahty Act.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Sections 42014 and 42015, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
Page 766.2
Register 2004, No. 37; 9-10-2004
Title 14
California Integrated Waste Management Board
§ 17914
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§ 17911. I have completed all conditions listed in my
Notification. When can I get final designation?
(a) After you satisfy all the conditions in your Notification, you must
apply in writing for final designation. The Board must receive your re-
quest for final designation within 1 20 calendar days from the date of the
Notification. Your request for final designation must document that you
rneet the conditions that were specified in your Notification. The Board
m\\ make its determination within a minimum of 45 calendar days and
a maximum of 90 calendar days of receipt of your request for final desig-
nation. The median timeframe is 75 calendar days.
(b) If you do not satisfy all the conditions of your Notification within
the 1 20 calendar day time period, you will forfeit your designation status.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Sections 42014 and 42015, Public Resources Code.
History
1 . New section filed 9-9-91 ; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§ 17912. When does my final designation become
effective?
Your final designation becomes effective on the date the Board awards
final designation. At that time, you become eligible to receive low-inter-
est loans pursuant to section 42145, Public Resources Code.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Section 42014, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, fitle 1, California Code of Regulations (Register 94, No. 27).
§ 17913. Do I have to submit regular reports?
Yes. By March 31 of each year, you must submit a report to the Board.
At a minimum, the report must include the following:
(a) The names and addresses of the recycling businesses in the Zone,
and
(b) The types and amounts of postconsumer or secondary waste mate-
rials used as feedstock by recycling businesses in the Zone.
(c) Any marketing efforts undertaken and the outcomes of these ef-
forts.
Note: Authority cited: Sections 40502 and 4201 3, Public Resources Code. Refer-
ence: Section 40507, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§ 17913.5. Can a Zone Terminate Its Zone Designation?
Yes, a Zone can terminate its Zone designafion. A zone that wishes to
terminate its Zone designation, must submit the following:
(a) A letter from the Zone Administrator requesting termination of
Zone designation.
(b) Copies of resolutions or ordinances from each affected jurisdiction
within the zone boundaries requesting termination of Zone designation.
Within 14 calendar days of receiving the above documents. Board
staff will review the documents to make sure that the requirements in sec-
tions (a) and (b) above have been met. Upon determination that the re-
quirements have been met, a letter will be sent to the Zone Administrator
informing that Zone related services by the Board will cease and the Zone
designation has been terminated.
NOTE: Authority cited: Sections 40502 and 42023, Public Resources Code. Refer-
ence: Sections 42013 and 42014, Public Resources Code.
History
1. New section filed 9-7-2004; operative 10-7-2004 (Register 2004, No. 37).
§17914. Can a Zone be redesignated?
Yes, the Board may redesignate a Zone. The Zone Administrator must
submit an application to the Board describing proposed changes to the
existing Zone plan. Changes to an existing Zone plan may include, but
are not limited to: a request for renewal of acurrent Zone designation; any
request for approval of an expansion or reduction or change in bound-
aries of a Zone. For redesignation applicafions that seek renewal of a cur-
rent Zone designation, a completed application must be submitted to the
Board at least 60 calendar days prior to the Zone's expiration date. Each
application for redesignation must include, but is not limited to, the fol-
lowing:
(a) The naine(s) and address(es) of the redesignation applicant or
applicants and the Zone Administrator.
(b) A statement of the purpose for submitting the redesignafion appli-
cation, selected from the following categories:
(!) renewal of designation, or
(2) zone expansion, or
(3) reducfion or
(4) change in boundaries.
(c) Documents depicting the location of the proposed redesignation
area, as follows:
(1) A description of the redesignation area's boundaries and location
within the Slate of California,
(2) A street map idenfifying the streets that mark the boundaries of the
redesignafion area on a street map, and
(3) For redesignation categories (1), (2), (3) and (4) listed in secfion
(b) above, copies of the exisfing general zoning and land use maps for the
proposed redesignation area and the area immediately surrounding it.
Clear identificafion of the boundaries of the proposed changes to the
Zone should be on the maps;
(d) For redesignation categories (1), and (2), listed in section (b)
above, a copy of the Notice of Determination which has been filed with
the State Clearinghouse in the Office of Planning and Research as evi-
dence of compliance with the California Environmental Quality Act
(Public Resources Code secfions 21000 et seq.) as it applies to the pro-
posed changes in the Zone.
(1) Copies of any multi-jurisdicfional agreements that pertain to the
administrafion of an existing Zone.
(2) A statement demonstrafing the Zone's commitment to environ-
mental justice and to protecting the environment and public health and
safety in a manner that does not unfairly affect any low-income and mi-
nority populafions.
(e) For a redesignation applicafion submitted to obtain renewal of a
designafion.
(1) A discussion of why redesignafion is sought
(2) A copy of the resolufion or ordinance from each goveming body
having jurisdiction over areas included in the Zone boundaries that
makes the findings required by Secfion 42010(b) of the Public Resources
Code;
(3) Copies of any multi-jurisdicfional agreements that pertain to the
administrafion of the exisfing Zone.
(4) An updated Market Development Plan that meets the requirements
in CCR Secfion 17907(a)-(g).
(f) For a redesignation application that will result in expansion of a
Zone:
(1) A statement of jusfificafion concerning why the expansion is nec-
essaiy, how it will complement the existing Zone, and how this proposed
expansion will create additional markets for recyclable materials;
(2) Copies of resolufions from each goveming body having jurisdic-
fion over any portion of the current Zone for which redesignation is being
requested that supports the proposed expansion;
(3) Copies of resolutions or ordinances from each governing body
having jurisdiction over areas not currently included in the Zone bound-
ary that makes the findings required by Section 42010(b) of the Public
Resources Code; and
Page 766.3
Register 2004, No. 37; 9-10-2004
§ 17914.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(4) A Supplemental Recycling Market Development Plan which shall
include, but is not limited to, the following:
(A) An analysis of how the new area of the Zone will be supplied with
the necessary feedstock to support the number and types of businesses
planned for development within the Zone.
(B) A marketing plan that describes how the new area of the Zone will
attract new businesses, and expand existing businesses.
(C) A description of how the new area of the Zone will be funded and
fit into the organizational structure of the current Zone, and an organiza-
tional chart of the proposed Zone.
(D) A description of the incentives the local governments plan to offer
to businesses in the new area of the Zone.
(E) A description of the financial support that will be available to busi-
nesses in the new area of the Zone.
(F) An analysis of the available or planned public works systems that
will be available to support the new area of the Zone.
(G) A description of the real property and buildings available in the
new area of the Zone for market development purposes.
(5) Letters of commitment and support for the new Zone area, from ju-
risdiction entities having a role to play in implementing the expanded
Zone's Market Development Plan.
(g) For redesignation appUcations submitted that will result in reduc-
tion in the area of a Zone, a description of the proposed change in the
Zone boundaries and a copy of the resolution or ordinance from each
governing body having jurisdiction over the area of the reduction.
(h) For redesignation applications submitted that will result in change
in boundaries of a zone,
(1) A description of the proposed change in the Zone boundaries
(2) Copy of the resolution or ordinance from the jurisdiction having
governing authority on the proposed change in boundaries.
(3) A statement describing how you intend to satisfy the California En-
vironmental Quality Act or demonstration of California Environmental
Quahty Act compliance.
(4) A statement demonstrating the Zone's commitment to environ-
mental justice and to protecting the environment and public health and
safety in a manner that does not unfairly affect any low-income and mi-
nority populations.
NOTE; Authority cited: Sections 40502, 42013, 42014 and 71110, Public Re-
sources Code. Reference: Sections 42010, 42012, 42014, 42015, 42016 and
71 1 10(a), Public Resources Code.
History
1. New section filed 3-7-94; operative 3-7-94 (Register 94, No. 10).
2. Amendment of first paragraph and subsection (a), repealer and new subsections
(b)-(O, new subsections (g)-(h), and amendment of Note filed 7-10-95; opera-
tive 8-9-95 (Register 95, No. 28).
3. Amendment of section and Note filed 9-7-2004; operative 10-7-2004 (Regis-
ter 2004, No. 37).
§ 17914.5. What is the Board's process for reviewing Zone
redesignation applications and redesignating
Zones?
(a) Upon receipt of your application for redesignation, the Board will
review the application to determine that it is complete. Within 21 calen-
dar days of receiving an application for redesignation, the Board will
send an Initial Review Letter to the applicant, stating that the Board has
received the application.
The minimum time frame for completing the hiitial Review is seven
calendar days. The median time frame is 14 calendar days. The maxi-
mum time frame is 21 calendar days.
The Initial Review Letter will notify each applicant of the date that the
application was received, and whether the application is complete or in-
complete. If the application is incomplete, the Initial Review Letter will
specify any deficiencies regarding completeness or eligibiUty and grant
the applicant 14 calendar days from the date of the letter to correct the
deficiencies and submit the changes to the Board.
The Board must receive the noted changes by 4:00 p.m. on the 1 4th day
from the date the letter is sent. Within ten calendar days of receiving the
additional information requested by staff in the Initial Review Letter, the
Board will notify each applicant whether the application is complete or
incomplete.
(1) At any time within the 21 day Initial Review period, and prior to
receiving the Board's Initial Review Letter, an appHcant can make minor
administrative changes such as changing the name of a contact person,
submitting missing pages or correcting minor errors.
(b) The Board will conduct a Technical Review of the application, to
evaluate the Market Development Plan for its technical adequacy and its
ability to succeed. The Technical Review will begin no later than 14 cal-
endar days after the Board's receipt of a complete application for Rede-
signation. The minimum time frame for completing the Technical Re-
view is seven calendar days. Tlie median time frame is 14 calendar days.
The maximum time frame is 21 calendar days.
Following the Technical Review, a letter will be sent to the applicant
specifying any technical deficiencies in the application. The applicant
shall have 14 calendar days to correct the noted deficiencies and submit
changes to the Board. The Board must receive changes by 4:00 p.m. on
the 14th day from the date the letter is sent.
(1) Within the 21 day Technical Review period, and prior to receiving
the Board's Technical Review Letter, an appUcant may correct technical
deficiencies as identified in the technical review of the application such
as additional analysis regarding targeted feedstock for market develop-
ment purposes, development of matching local incentives and sources of
funding, property and infrastructure availability, inclusion of clearly
stated goals and objectives, specific strategy for business attraction and
retention efforts, specific strategy for advertising and promotion of the
Zone, and administration and funding sources.
(c) Upon receipt of corrections of technical deficiencies identified in
the technical review by staff, the Board will either grant or deny the re-
quest for redesignation. The redesignation will take effect upon the
Board's formal approval.
The Board will send a "Notification" letter to the applicant informing
it of its decision, within 14 calendar days of its decision. If an applicant
is denied redesignation it may reapply.
(1) If the Board grants conditional redesignation of a Zone, the Notifi-
cation letter wiU specify conditions of approval that must be satisfied
prior to final redesignation. The applicant will have 120 calendar days
from the date of the Notification letter to satisfy the conditions of redesig-
nation.
The Board must receive a written request from the Zone applicant for
final redesignation. If conditions of redesignation are not satisfied within
the 120 calendar day period, redesignation status will not be approved.
The applicant may reapply for redesignation
NOTE: Authority cited: Sections 40502, 42013 and 42014, Public Resources
Code. Reference: Sections 42014, 42015 and 42020, Public Resources Code.
History
1. New section filed 3-7-94; operative 3-7-94 (Register 94, No. 10).
2. Amendment of section heading and Note filed 7-10-95; operative 8-9-95
(Register 95, No. 28).
3. Amendment of subsecfions (a), (b) and (c)(1) filed 9-7-2004; operative
10-7-2004 (Register 2004, No. 37).
§ 1 791 5. Do composting industries qualify for the
incentives offered in a Recycling Market
Development Zone?
Yes.
NOTE: Authority cited: Sections 40502 and 42013, Public Resources Code. Refer-
ence: Section 42013, Public Resources Code.
History
1. New section filed 9-9-91; operative 10-9-91 (Register 92, No. 13).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulafions (Register 94, No. 27).
§ 17916. Resource Recovery Facility (Site).
History
1. Change without regulatory effect repealing secUon filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operafive 3^-91 (Register
91, No. 14).
•
Page 766.4
Register 2004, No. 37; 9-10-2004
Title 14
California Integrated Waste Management Board
§ 17928
§ 1 791 7. Solid Wastes or Wastes
History
§17925. Purpose.
History
I. Change without regulatory effect repealing section filed 3-4-91 pursuant to j Chance without regulatory effect repealing section filed 3-4-91 pursuant to
section 1 00, title l.Calitomia Code ofRegulations; operative 3-4-91 (Register ^^^^j^- 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14). 91, No. 14).
§ 17918. Solid Waste Management.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to § 17926. Filing of Notice of Intent.
section 1 00, title 1 , California Code ofRegulations; operative 3-4-91 (Reeister
91, No. 14).
§ 1 791 9. Transfer Station.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Resister
91, No. 14).
§ 17920. Waste Processing Facility (Site).
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100. title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
§ 17921. Environmental Impact Report Notice of
Completion.
History
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1,Califoniia Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 17927. Facility Location and Information.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 17928. Land Use Approval.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to 1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100 title 1, California Code of Regulations; operative 3-4-91 (Reeister section 100, title 1, California Code ofRegulations; operative 3^-91 (Register
91, No. 14). 91, No. 14).
[The next page is 767.]
Page 766.5
Register 2004, No. 37; 9-10-2004
Title 14
California Integrated Waste Management Board
§ 17932
§17929. Justification of Need.
History
1. Change without regulatory effect repealing section filed 3^-91 pursuant to
section 100, title 1, California Code ofRegulations; operative 3-4-91 (Register
91, No. 14).
Article 1.1. Recycling Market
Development Revolving Loan Program
§ 17930. Purpose of the Recycling Market Development
Revolving Loan Program.
The Recycling Market Development Revolving Loan Program (Pro-
gram) provides an alternative source of financing for recycling-based
businesses, non-profit organizations, and public entities to increase the
diversion of non-hazardous solid waste from California landfills and to
promote market demand for secondary and postconsumer materials. It
assists the Board and local agencies comply with Public Resources Code
Sections 40051 and 41780, respectively, and helps local Recycling Mar-
ket Development Zones (RMDZs) meet the market development goals
identified in their recycling market development plans, required by Sec-
tion 17907 of this Chapter, by fostering recycling-based business devel-
opment within the RMDZs.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42010 and 42023.1, Pubhc Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48). For prior history, see Register
91, No. 14.
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code ofRegulations (Register 94, No. 27).
3. Amendment of article heading, section heading and section filed 9-15-97; op-
erative 9-1 5-97 pursuant to Government Code section 1 1343.4(d) (Register 97,
No. 38).
4. Amendment of secfion and Note filed 10-18-2005; operative 11-17-2005
(Register 2005, No. 42).
§17931. Definitions.
(a) ''Applicant" means an entity that is applying for a Loan.
(b) "Application" means the information an Applicant must provide
to the Board when seeking a loan.
(c) "Board Loan Committee" or "Loan Committee" means the com-
mittee referred to and established in Section 17935.5 of this Chapter.
(d) "Borrower" means an Applicant whose application has been ap-
proved and who has executed a Loan Agreement.
(e) "Board" means California Integrated Waste Management Board.
(f) "CEQA" is the California Environmental Quality Act found in Pub-
lic Resources Code Sections 21000, et seq.
(g) "Capital Improvements" means physical improvements to public-
ly owned land, including buildings, structures and fixtures or attach-
ments of a permanent or semi-permanent nature, including large equip-
ment, erected on and affixed to the land.
(h) "Designation" means a Zone Applicant has received written notifi-
cation from the Board stating it has satisfactorily completed all the re-
quirements for designation as a Recycling Market Development Zone.
(i) "Infrastructure" means the basic facilities, such as sewer, water,
transportation, and utility systems.
(j) "Loan" means a loan from the Recycling Market Development Re-
volving Loan Subaccount or the California Tire Recycling Management
Fund.
(k) "Loan Agreement" means a written agreement between a Borrow-
er and the Board for a Loan made in accordance with this Article.
(/) "May" means a provision is permissive.
(m) "Must" means a provision is mandatory.
(n) "Onerous Debt" means debt with high interest rates and/or short
terms that causes a negative impact on the Borrower's cash flow and
jeopardizes the Borrower's ability to convert to or expand its diversion
of recycled or secondary material.
(0) "Phase I Assessment" means an assessment to be completed by a
specialized engineering or consulting firm that provides a professional
opinion, based on obvious evidence, as to the past and potential usage,
storage, handling, or disposal of materials within the property that have
been or may be toxic or hazardous, or may cause violations of state and/or
federal laws, niles, or regulations pertaining to soil and water quality; and
to identify past and potential off-site contaminant sources that did have,
or may have an adverse environmental impact on the property. The
assessment may be performed at the time of loan application or at any
time during the hfe of the loan, as determined necessary by the Board.
Hazardous materials and wastes that are to be identified include those
meeting the definitions of Public Resources Code Section 40141 and
Health'and Safety Code Sections 251 17 and 25501 (k).
(p) "PostconsuiTier waste material" is defined in Public Resources
Code Section 42002(b).
(q) "Project" means the activity for which a loan is requested.
(r) "Recycling Market Development Zone" or "Zone" is a geographic
area as defined by Public Resources Code Section 42002(d).
(s) "Reuse" means to take a product, rather than a material, which has
served its useful life or is factory defective, and provide some new value
to the product, by reconditioning, reprocessing, or some other process
which makes the product usable again for its original intended purpose.
(t) "Secondary waste material" is defined in Public Resources Code
Section 42002(f).
(u) "Source reduction" is defined in Public Resources Code Section
40196.
(v) "Value added product" means an item which has increased in value
or changed its character or composition through a manufacturing or reuse
process. Collecting, sorting and/or baling of recycled or recovered mate-
rials for convenience or ease of transportation does not constitute adding
value.
(w) "Zone administrator" is defined in Section 17901(j) of this Chap-
ter.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42023.1 and 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48). For prior history, see Register
91, No. 14.
2. Change without regulatory effect amending subsections (r)-(t) and Note filed
7-8-94 pursuant to section 100, title 1, California Code ofRegulations (Regis-
ter 94, No. 27).
3. Amendment of subsections (c), (s) and (t) and amendment of Note filed
9-1 5-97; operative 9-1 5-97 pursuant to Government Code section 1 1 343.4(d)
(Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of subsection (a), repealer of subsection (h), subsection relettering
and amendment of Note filed 10-18-2005; operauve 11-17-2005 (Register
2005, No. 42).
§17932. Eligible Applicants.
An eligible applicant is one whose project is located within the bound-
aries of the Recycling Market Development Zone. In the case of mobile
operations, the primary business location for the project must be located
within the boundaries of the Recycling Market Development Zone. Eli-
gible applicants include:
(a) Businesses and not-for-profit organizations who:
(1) Practice, or propose to practice, appropriate source reduction; or
(2) Use or propose to use postconsumer or secondary waste materials
to produce a value added product.
(b) Local governments or agencies who seek to provide infrastructure
and/or capital improvements in support of organizations referred to Sub-
section (a) of this section.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.1, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 11346.2(d) (Register 92, No. 48). For prior history, see Register
91, No. 14.
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, tide 1, California Code ofRegulations (Register 94, No. 27).
Page 767
Register 2005, No. 42; 10-21-2005
§ 17932.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Amendment of section and Note filed 9-J5-97; operative 9-15-97 puisnant
to Government Code secfion 1 1 343.4(d) (Register 97, No. 38).
4. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
5. Amendment of first paragraph and Note filed 10-18-2005; operative
11-17-2005 (Register 2005, No. 42).
§ 17932.1. Tire Recycling Projects.
Loans made with funds from the California Tire Recycling Manage-
ment Fund may be carried out in accordance with the process and/or eli-
gibility criteria set forth in this Article and Public Resources Code Sec-
tions 42872-42875.
NOTE: Authority cited: Sections 40502 and 42881, Public Resources Code. Refer-
ence: Sections 42872, 42873 and 42874, Public Resources Code.
History
1. New section filed 6-14-93; operative 6-14-93 (Register 93, No. 25).
2. Repealer and new section filed 4-8-98; operative 5-8-98 (Register98, No. 15).
§17933. Priority Projects.
Priority consideration shall be given to those projects that meet the fol-
lowing criteria:
(a) Demonstrate an ability to repay the loan;
(b) Increase market demand for the secondary or postconsumer waste
material used in the project;
(c) Satisfy additional statewide recycling market development objec-
tives as described in Section 17909 of this Chapter; and
(d) Satisfy additional priorities that are determined by the Board.
NOTE: Authority cited: Section 40502, PubUc Resources Code. Reference: Sec-
tion 42023.1, Public Resources Code.
History
1. New secfion filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending subsection (1) and Note filed
7-8-94 pursuant to section 100, fitle 1, California Code of Regulations (Regis-
ter 94, No. 27).
3. Amendment filed 4-8-98; operafive 5-8-98 (Register 98, No. 15).
4. Amendment of secfion and NOTE filed 10-18-2005; operafive 11-17-2005
(Register 2005, No. 42).
§17934. Loan Amounts.
The maximum loan amount is three-fourths (3/4) of the cost of each
project, not to exceed two million dollars ($2,000,000).
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fion 42023.4(a)(4), Public Resources Code.
History
1. New secfion filed 11-24-92; operative 11-24-92 pursuant to Government
Code secfion 1 1346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, fitle I, California Code of Regulafions (Register 94, No. 27).
3. Amendment filed 4-8-98; operafive 5-8-98 (Register 98, No. 15).
4. Change without regulatory effect amending secfion filed 4-7-2000 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 2000, No. 14).
5. Repealer and new section and amendment of Note filed 1 0-1 8-2005; operative
11-17-2005 (Register 2005, No. 42).
§ 1 7934.1 . Uses of Funds.
(a) For eligible businesses and not-for-profit organization applicants,
loan funds may be used for:
(1) equipment purchases,
(2) real property purchases,
(3) working capital, or
(4) refinancing of onerous debt.
(b) For eligible local governments or agencies, loan funds shall be
used only for publicly owned infrastructure and capital improvements lo-
cated within the Zone which directly support recycling based business
acfivities that would be eligible for a Loan.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.1, Public Resources Code.
History
1. New secfion filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
fion 100, fitle 1, California Code of Regulafions (Register 94, No. 27).
3. Amendment of subsecfions (a) and (b) filed 4-8-98; operative 5-8-98 (Register
98, No. 15).
4. Amendment of Note filed 10-1 8-2005; operative 1 1-17-2005 (Register 2005,
No. 42).
§17934.3. Fees.
A non-refundable application fee of $300.00 shall accompany each
loan application. A loan fee of 3 percent shall be charged upon loan clos-
ing. The Board reserves the right to periodically adjust the application
and loan origination fees. The application fee and loan fee are considered
part of the project cost and may be financed.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 42023.1, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1 346.2(d) (Register 92, No. 48).
2. Amendment filed 6-14-93; operative 6-14-93 (Register 93, No. 25).
3. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulafions (Register 94, No. 27).
4. Amendment of section and Note filed 4-8-98; operafive 5-8-98 (Register 98,
No. 15).
5. AmendmentofNOTE filed 10-18-2005; operafive 11-17-2005 (Register 2005,
No. 42).
§17934.5. Interest Rate.
(a) The interest rate for loans is determined by the Board and is based
on, but may vary from, the Surplus Money Investment Fund (SMIF) rate.
The Board, as it deems appropriate, may adjust the interest rate semian-
nually, after the SMIF rate is announced by the Controller' s Office in Jan-
uary and July of each year. The Board shall keep the interest rate as low
as possible, consistent with current market conditions and the long-term
sustainability of the Recycling Market Development Revolving Loan
Program.
(b) The interest rate for loans funded through leveraging programs
pursuant to Article 1.2 will be negofiated between the Board, the leverag-
ing entity, and if applicable the lender.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fion 42023.4, Public Resources Code.
History
1. New secfion filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
2. Amendment of secfion and Note filed 10-18-2005; operafive 11-17-2005
(Register 2005, No. 42).
§ 17935. Application Process.
(a) Applicants may submit their pre-applicafions and applications to
the Board at any time throughout the year.
(b) AppUcants shall not submit applications for approval by the Board
unless a Zone has received designation or redesignation status, as defined
in Section 17901(d) of this Chapter.
(c) The applicant may submit a pre-application, as determined by the
Board, to obtain a rapid evaluation of applicant' s or a project' s eligibility,
prior to submitting a full applicafion.
(d) The Applicant must submit an application with original signatures
to the Board.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New secfion filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48). For prior history, see Register
91, No. 14.
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment filed 9-15-97; operative 9-15-97 pursuant to Government Code
secfion 11343.4(d) (Register 97, No. 38).
4. Amendment of section and Note filed 10-18-2005; operafive 11-17-2005
(Register 2005, No. 42).
§ 1 7935.1 . Application Content.
(a) All Applicants must apply in writing for a loan. The Board may
make a loan applicafion form available to assist applicants in applying for
a loan. A complete application may consist of a written request contain-
ing the following items:
Page 768
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 17935.3
•
(1) Characteristics of the business shall include the applicant legal
name, physical address, mailing address, contact person's name and
phone number, copy of business organizational documents, copies of
business licenses and permits, business plan, key ownership and man-
agement resumes, list of all owners with percentage owned and titles, au-
thorizations to obtain credit reports, a Recycling Market Development
Zone Administrator's acknowledgement of the project; payment of a
loan application fee, and certification of compliance with applicable laws
and regulations to properly conduct and operate the business in Califor-
nia.
(2) Demonstration of ability to repay shall include the business histori-
cal and projected financial statements and income tax returns; key man-
agement and ownership personal financial statements and income tax re-
turns; schedules of debts; facility lease agreement or copy of deed of trust
on the project site; sources and uses of all project costs. The financial pro-
jections shall include a list of assumptions under which they were pre-
pared that are reasonable and can be substanfiated. The applicant may
need to provide a feasibility study and cost break even analysis account-
ing for the fixed and variable costs to produce a product including the
sales price of the product and the quantity of units that must be produced
and sold to achieve a break even and profitable cash flow.
(3) Demonstration of the ability to collateralize the loan shall include
a detailed list of assets that will secure the loan with documentation sup-
porting the asset value such as appraisals, purchase orders, invoices, can-
celled checks, or similar documents; and ownership verification such as
deeds of trust. Uniform Commercial Code financing statements. Owner-
ship Certificates. The Board reserves the right to discount the asset value
based on age and remaining expected useful life.
(4) The applicant shall provide documentaUon to substantiate a match-
ing funds requirement of twenty-five percent or more investment into the
project. This shall be achieved by providing purchase orders, invoices,
cancelled checks, supplemental financing commitment letters or promis-
sory notes, executed investor agreements with evidence of transfer of
funds, or other similar documents.
(5) Description of the project to be financed including the feedstock
source, type, quanfity and availability, the manufacturing process, end
product specifications and marketability, current and projected tonnage
of materials to be diverted from California landfills, public environmen-
tal reports and indemnificadon to discern the possible risks which may
arise from hazardous waste or materials related to the project or previous
operations at the site.
Additional information required from businesses and not-for-profit
organizations is described in subsecfion (b) below. Local government or
agency applicants must also provide the information requested in subsec-
tions (b) and (c) below.
(b) Applicant shall provide any further information or documentation
deemed necessary by the Board to determine the creditworthiness of the
Applicant, or the Applicant's ability to secure and repay the loan.
(c) Applications from local governments or agencies must contain the
following additional information:
(1) A description of the local government's or agency's activities and
responsibilifies;
(2) The local government's or agency's annual financial operating
statements for the previous three years;
(3) A governing board resolution granting authority to make applica-
tion to the Board for a loan commitment.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 11 346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of section and Note filed 4-8-98; operative 5-8-98 (Register 98,
No. 15).
4. Amendment of subsection (a), new subsections (a)(l)-(a)(5) and amendment
of Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§17935.2. Loan Agreement.
Each Loan Agreement shall include, but not be limited to, the follow-
ing terms and conditions:
(a) The interest rate of the loan as specified in Section 17934.5 of this
Article.
(b) The term of the loan shall not exceed 10 years when collateralized
by assets other than real estate, or not more than 1 5 years when partially
or wholly collateralized by real estate.
(c) A description of the security and conditions.
(d) Timeframes for complying with the conditions of loan closing and
any special condifions that must be safisfied prior to, or covenants which
must be complied with after, the disbursement of funds.
(e) Idenfificafion of what is considered an event of default, including
a provision that, upon failure to comply with the loan agreement, or if any
information provided by the Applicant is found to be untrue, any remain-
ing unpaid amount of the loan, with accrued interest, will be immediately
due and payable, upon determinafion by the Board.
(f) A provision that the Borrower agrees to waive any claims against
and to indemnify and hold harmless the State of California, including the
California Integrated Waste Management Board, from and against any
and all claims, costs, and expenses stemming from operafion, mainte-
nance, or environmental degradafion at the site.
(g) Proof of adequate insurance for the business, naming the Board as
loss payee, and when appropriate, naming the Board as addiuonal in-
sured, up to the amount of the loan.
(h) Submission of borrower's and guarantor's financial statements and
tax returns, diversion reports, business insurance, and worker's com-
pensation insurance, upon request by the Board.
(i) Any other provision needed to properly analyze and document a
loan deemed necessary by the Board.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 11346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of subsections (a)-(e) and (g) filed 4-8-98; operative 5-8-98
(Register 98, No. 15).
4. Change without regulatory effect amending subsection (b) filed 4-7-2000 pur-
suant to section 100, title 1, California Code of Regulations (Register 2000, No.
14).
5. New subsection (h), subsection relettering, amendment of newly designated
subsection (i) and amendment of Note filed 10-18-2005; operative
] 1-17-2005 (Register 2005, No. 42).
§ 17935.3. Process for Preliminary Review.
Upon receipt. Board staff shall review each applicafion to determine
whether the Applicant and/or Applicant's project is eligible for a loan,
pursuant to Secfion 17932 of this Article, and whether the applicafion is
complete, pursuant to Secfion 17935.1 of this Article. Within 10 working
days of receiving the appficafion, the Board staff shall do one of the fol-
lowing:
(a) Send a letter to the Applicant indicafing that the applicafion is in-
complete, or that the Applicant and/or Applicant's project is ineligible
for a loan, and specifying the steps, if any, which the Applicant may take
to correct idenfified deficiencies; or
(b) Nofify the Applicant by letter that the Applicant and/or Applicant' s
project is eligible for a loan, and that the applicafion is complete and shall
be evaluated by the Board staff.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 11 346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulafions (Register 94, No. 27).
3. Amendment filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. New subsection (b) and amendment of Note filed 10-18-2005; operative
1 1-17-2005 (Register 2005, No. 42).
Page 769
Register 2005, No. 42; 10-21-2005
§ 17935.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 7935.4. Process for Board Staff Review.
(a) The Board staff shall prepare an analysis of each application.
Applications which meet the following criteria shall be recommended for
approval to the Loan Committee, on a first come, first served basis:
(1) The Applicant is found creditworthy, and
(2) The collateral and the source of repayment are appropriate for the
requested loan amount; and
(3) The Applicant has adequately demonstrated the appropriateness of
the loan for use in the project as specified in Section 17935.1 of this Ar-
ticle.
(b) Where additional assistance may be needed from the Loan Com-
mittee for a determination, staff may forward those apphcations and
analysis to the Loan Committee without a recommendation.
(c) Where the Applicant does not meet the criteria set forth in subsec-
tion (a), the Applicant will be notified in writing of its failure to meet the
criteria and the process for appeal of the decision.
NOTE; Authorily cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
\. New section filed 11-24-92; operative 1 1-24-92 pursuant to Government
Code section 11 346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. New subsection (c) (reserved) and subsection (d) filed 4-8-98; operative
5-8-98 (Register 98, No. 15).
4. Amendment filed 7-30-98; operative 8-29-98 (Register 98, No. 31).
5. Amendment of subsection (a), repealer of subsection (b), subsection relettering
and amendment of Note filed 10-18-2005; operafive 11-17-2005 (Register
2005, No. 42).
§ 17935.5. Establishment of the Loan Committee.
(a) A Loan Committee is hereby established to assist the Board in
meeting the goals of the Program.
(b) The Loan Committee shall be composed of not more than nine indi-
viduals appointed by the Board.
(c) The Loan Committee shall be comprised of a balanced cross-sec-
tion of individuals from the commercial lending community, both public
and private sectors, from throughout the state who demonstrate expertise
in financial analysis and credit evaluation.
(d) Members of the Loan Committee shall each be appointed to a
three-year term, except that the newly added members terms may be ad-
justed so that a staggered schedule of terms is established where not more
than four members terms shall expire during any single calendar year.
(e) Vacancies shall be filled using the same procedures as used for the
initial appointments, and shall be filled for the remaining portion of the
respective terms.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Repealer and new section heading and section filed 9-15-97; operative
9-15-97 pursuant to Government Code section 1 1343.4(d) (Resister 97, No.
38).
4. Amendment of Note filed 10-]8-2005;operative 11-17-2005 (Register 2005,
No. 42).
§ 17935.55. Process for Loan Committee Review.
(a) The Loan Committee shall meet monthly or as needed.
(b) The Loan Committee shall evaluate the staff analysis of loan re-
quests presented by Board staff pursuant to the Review Process of section
17935.4 of this Article.
(c) The Loan Committee shall recommend applications for approval
based only on their financial soundness and their ability to meet the un-
derwriting criteria as described in Section 17935.4(a) of this Article.
(d) The Loan Committee may advise the Board as requested on other
aspects of the loan program.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1 . New section filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
2. Amendment of Note filed 10-18-2005; operative 1 1-17-2005 (Register 2005,
No. 42).
§17935.6. Board ApprovaL
(a) If the Board approves a loan, the Applicant and the Board shall en-
ter into a Loan Agreement pursuant to the terms specified in Section
17935.2 of this Article. Funds shall be disbursed according to the terms
of the Loan Agreement.
(b) The Board's loan committee shall be in effect for a period of 90
days following Board approval. The loan commitment may be extended,
for cause, for an additional 90 days. Extension of the loan commitment
beyond the second 90 day period shall occur only if agreed to by both the
Board and the Applicant.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42023.4, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 48).
2. Change without regulatory effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Repealer of subsection (a), sub.section relettering, repealerof subsection (c), and
new subsection (b) filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment of Note filed 10-18-2005; operative 1 1-17-2005 (Register 2005,
No. 42).
§ 17936. Auditing of Expenditures of Loan Proceeds.
The Board, or the Department of Finance, may audit the expenditure
of the proceeds of any loan made pursuant to this Article.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42024, Public Resources Code.
History
1. New section filed 11-24-92; operative 11-24-92 pursuant to Government
Code section 1 1346.2(d) (Register 92. No. 48). For prior history, see Register
91, No. 14.
2. Change without regulatoi^ effect amending Note filed 7-8-94 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 94, No. 27).
3. Amendment of Note filed 9-15-97; operative 9-15-97 pursuant to Govern-
ment Code section n343.4(d) (Register 97, No. 38).
4. Amendment of Note filed 10-18-2005; operative 1 1-17-2005 (Register 2005,
No. 42).
§ 17937. Coordination with the County.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, titie 1, California Code ofRegulations; operative 3^-91 (Register
91, No. 14).
§ 17938. Determination of Findings by the Board.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 100, title 1, California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
§ 17939. Determination of Non-Conformance.
History
1. Change without regulatory effect repealing section filed 3-4-91 pursuant to
section 1 00, title 1 , California Code of Regulations; operative 3-4-91 (Register
91, No. 14).
Article 1 .2. Leveraging the Recycling
Market Development Zone Revolving Loan
Fund
§ 17939.1. Purpose of Leveraging the Revolving Loan
Fund.
The purpose of leveraging Board funds in the Recycling Market De-
velopment Revolving Loan Subaccount (Subaccount) is to increase the
funding for loans to recycling-based businesses and to promote the long-
term sustainability of the Recycling Market Development Revolving
Page 770
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Title 14
California Integrated Waste Management Board
§ 17943
Loan Program. Subaccount funds will be used to stimulate more lending
by private banks, public institutions and non-profit organizations than
the Board could make on its own to recycling-based businesses.
Note-. Authority cited: Section 40502, Pubhc Resources Code. Reference: Sec-
tions 42023.1, 42023.6 and 42024, Public Resources Code.
History
1. New article 1.2 (sections 17939.1-17939.5) and section filed 10-18-2005; op-
erative 1 1-17-2005 (Register 2005, No. 42).
§17939.2. Definition.
"Leverage" and "leveraging" means the expenditure, lending, invest-
ment or other uses of funds from the Recycling Market Development Re-
volving Loan Program Subaccount (Public Resources Code Section
42023.1) in a manner that generates or facilitates the generation of finan-
cial capital that is made available as loans to borrowers eligible for loans
under the Board's Recycling Market Development Revolving Loan Pro-
gram as described in Article 1.1 of this Chapter. Leveraging programs in-
crease the number and value of loans for specified purposes beyond that
which the Board, acting alone, could make. Typical examples of leverag-
ing include, without limitation, pooling funds by multiple entities under
specified arrangements to create a greater supply of loan capital for eligi-
ble borrowers, loan guarantee programs where an entity guarantees all or
a portion of an eligible loan, and insurance where an entity assures that
a loan will be repaid in a timely manner.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40506.1, 42023.1, 42023.6 and 42024, Public Resources Code.
History
1 . New section filed 10-1 8-2005; operative 1 1-1 7-2005 (Register 2005, No. 42).
§ 17939.3. Types of Leveraging Entities and Programs.
The types of leveraging programs in which the Board may participate,
and financing entities with which the Board may contract, include but are
not limited to:
(a) The Capital Access Program, that provides loan default insurance
as a credit enhancement, pursuant to Public Resources Code 42023.6.
(b) The State Small Business Loan Guarantee program, that provides
a state guarantee to entice bank and non-bank entities to lend to Califor-
nia small businesses, pursuant to California Corporations Code section
14000 et seq.
(c) Financial Development Corporations (FDC) that issue state loan
guarantees, pursuant to California Corporations Code section 14000 et
seq.
(d) Community Development Entities (CDE) for access to the New
Markets Tax Credit (NMTC) program, pursuant to Title 1, Subtitle C,
Section 121 of the Community Renewal Tax Relief Act of 2000.
(e) Community Development Financial Institutions (CDFI) for access
to the Equity Equivalent Investment (EEI) and Program-Related Invest-
ment (PRI) programs, pursuant to Title 12, Chapter 47, Subchapter 1,
Section 4701 et seq. of the United States Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42023.1 , 42023.6 and 42024, Public Resources Code.
History
1. New section filed 10-18-2005; operative 1 1-17-2005 (Register 2005, No. 42).
§17939.4. Leveraging Activities.
The Board may initiate, coordinate or participate in activities, either
directly or indirectly, in partnership with public, non-profit or private en-
tities, or by itself, that leverage Recycling Market Development Revolv-
ing Loan Program Subaccount (Subaccount) funds. The leveraging of
Subaccount funds may include, but is not limited to, the transfer and/or
encumbrance of Subaccount funds for leveraging; the establishment of
trust accounts for the receipt, retention and expenditure of funds desig-
nated for leveraging; the pooling of Subaccount funds with other individ-
ual or multiple entities under specified arrangements; the use of Subac-
count funds in support of loan guarantee programs, where an entity
guarantees all or a portion of an eligible loan, or as insurance where an
entity assures that a loan will be repaid in a timely manner; the use of Sub-
account funds for grants or loans to public, private or non-profit orga-
nizations to implement leveraging programs; and the acceptance of funds
from investors and institutions.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42023. 1 , 42023.6 and 42024, Public Resources Code.
History
1 . New section filed 10-18-2005; operative 1 1-17-2005 (Register 2005, No. 42).
§17939.5. Loan Sale.
(a) The Board may sell loans, either in bulk quantity or individually;
in whole or in part; on a recourse or non-recourse basis; on an advance
commitment, forward, or participation basis; and may retain or relin-
quish the servicing rights; (b) the Board shall not sell its loans if the loan
sale results in more than a twenty-five percent (25%) discount of the
principal amount, excluding any expenses or reserves required as a
condition of the loan sale; and (c) all proceeds received from the sale of
loans shall be deposited into the Recycling Market Development Revolv-
ing Loan Program Subaccount.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 40506.1, Public Resources Code.
History
1 . New section filed 10-18-2005; operative 1 1-17-2005 (Register 2005, No. 42).
Article 2. Recycling Investment
Tax Credit Program
§ 1 7940. Regulatory Effect of Questions.
NOTE: Authority cited: Section 40502, Public Resources Code.
History
1. New section filed 9-9-91; operafive 10-9-91 (Register 92, No. 2).
2. Change without regulatory effect repealing section filed 3-15-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 12).
§ 17941. Recycling Investment Tax Credit Program.
NOTE: Authority cited: Section 40502, Public Resources Code; and Sections
17052.14 and 23612.5, Revenue and Taxation Code. Reference: Sections
17052.14 and 23612.5, Revenue and Taxation Code.
HtSTORY
1. New section filed 9-9-91 ; operative 10-9-91 (Register 92, No. 2).
2. New subsections (f)(l)-(7) and (0(13)-(14) and subsection renumbering, new
subsections (h)(2)(A)-(C) and subsection redesignation filed 10-28-92; opera-
tive 1 1-27-92 (Register 92, No. 44).
3. Change without regulatory effect repealing section filed 3-15-99 pursuant to
section 100, fitle 1, California Code of Regulations (Register 99, No. 12).
Article 3. Rigid Plastic Packaging
Container Program
§ 17942. Regulatory Effect of Questions and Answers;
Effective Dates.
(a) Both the question and answer in each section have regulatory effect
for purposes of implementation and enforcement. In addition to the regu-
lations in this article, statutory provisions contained in §§ 42300 through
42345 of the Public Resources Code govern the Rigid Plastic Packaging
Container Program.
(b) The requirements of these regulations go into effect for all rigid
plastic packaging containers except those identified in Section 17944.2
on January 1 , 1 995, and for all calendar years thereafter, if at least 60 per-
cent of the single family homes in the state are served by curbside collec-
tion programs that include beverage container recycling by January 1,
1994.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Section 42300 et seq.. Public Resources Code.
History
1. New article 3 (secfions 17942-17949) and section filed 11^4-94; operative
12-5-94 (Register 94, No. 44).
§ 17943. Purpose and Definitions.
(a) What is the purpose of these regulations?
These regulations provide guidance to those who must comply with
the Rigid Plastic Packaging Container Program requirements, and in-
Page 770.1
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§ 17943
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
elude a description of the procedures that product manufacturers, con-
tainer manufacturers, resin manufacturers, distributors, and importers
must follow to meet reporting, certification, and documentation require-
ments. These regulations pertain only to rigid plastic packaging contain-
ers sold or offered for sale in California, regardless of where the contain-
ers or the products they hold are produced.
(b) Definitions.
The following definitions, as well as definitions found in Public Re-
sources Code §§ 42300-42345. apply to the regulations in this Article.
(1) The "Board" means the California Integrated Waste Management
Board.
(2) "Capable of Multiple Re-closure" means a rigid plastic packaging
container that can be closed and re-closed with its attached or unattached
relatively inflexible lid.
(3) "Cosmetic" means those articles pursuant to the federal Food,
Drug and Cosmetic Act (21 U.S.C. 321 (i)), and pertinent regulations in
effect as of January 1, 1994, which are 1 ) intended to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to the hu-
man body or any part thereof for cleansing, beautifying, promoting at-
tractiveness, or altering the appearance, and 2) articles intended for use
as a component of any such articles; except that such term shall not in-
clude soap as defined in 21 C.F.R. 701.20(a)(i) and (2). Products in-
tended for cleansing the human body and which are not "soap" as defined
in 21 C.F.R. 701.20(a)(1) are classified as "cosmetics."
(4) "Container Manufacturer" means the manufacturer of any rigid
plastic packaging container as defined in Section 17943(b)(30) of this
Article.
(5) "Curbside Collection Program" means a recycling program that
collects materials set out by homeowners for collection at the curb at in-
tervals not less than every two weeks. "Curbside collection program"
does not include redemption centers, buyback locations, drop-off pro-
grams, material recovery facilities, or plastic recovery facilities.
(6) "Drugs" mean those articles as defined in the federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321 (g)(1)) and pertinent regulations, which
are as follows:
articles recognized in the official United States Pharmaco-
poeia, official Homeopathic Pharmacopeoeia of the United
States, or official National Formulary, or any supplement to
any of them; and articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or ani-
[The next page is 771.]
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Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 17943
mals; and articles (other than food) intended to affect the staic-
ture or any function of the body of man or other animals; and
articles intended for use as a component of any article specified
in the clauses.
Daigs include prescription, nonprescription, and over-the-
counter drugs regulated pursuant to the federal Food, Dmg and
Cosmetic Act (21 U.S.C. 321).
(7) "Final End User" means the person who purchases a rigid plastic
packaging container in order to use the product held by the container. The
final end user is that person who removes the product from the container
and discards the container. "Person," includes an individual, firm, orga-
nization, copartnership, political subdivision, government agency, mu-
nicipality, industry, public or private corporation, or any other entity
whatsoever.
(8) "Food" means those articles as defined in the federal Food, Drug
and Cosmetic Act (21 U.S.C. 321 (f)) and pertinent regulations, which are
used for food or drink for man or other animals, chewing gum, and ar-
ticles used for components of any such article.
(9) "Infant Formula" as defined in the federal Food, Drug and Cosmet-
ic Act (21 U.S.C. 321(0) and pertinent regulations, means food which a
manufacturer claims is to be used solely as food for infants, because it
simulates human milk or is suitable as a substitute for human milk.
(10) "Introduced" means any rigid plastic packaging container or
product packaged in rigid plastic packaging containers that are first of-
fered for sale and sold in California after January 1, 1995. Products for
which such claims as "new" or "improved" are made and products for
which the packaging has been changed by such criteria as size, color, or
labeling, are not "introduced" packages or products.
(11) "Label" as used in the definition of product manufacturer, means
a display of written, printed or graphic material upon the immediate con-
tainer of any product.
(12) "Manufacturer" or "Product Manufacturer" means the producer
or generator of a product which is sold or offered for sale in the state and
which is stored inside of a rigid plastic packaging container. For the pur-
poses of section 17948(a) and 17949(c) and (d) of this Article, "manufac-
turer" includes all subsidiaries and affiliates.
(A) Identification of the Product Manufacturer, for the purposes of this
program, shall be determined by the following hierarchy:
1. When the name of the entity that manufactured the product held by
the container is stated on the container label, then that entity shall be con-
sidered the product manufacturer.
2. When the container label does not state the entity that manufactured
the product held by the container, but the container label does state the
distributor of the container, then the distributor shall be considered the
product manufacturer.
3. When the container label does not state either the entity that man-
ufactured the product held by the container or the distributor of the con-
tainer, but the container label states the importer of the container, then the
importer shall be considered the product manufacturer.
(B) "Stored" means that the container normally holds the product for
more than seven days. For purposes of these regulations, point-of-sale
products are not "stored" in a container for more than seven days.
(C) Any entity whose name may not appear on a label but which has
a corporate relationship (i.e., parent/subsidiary or affiliate relationship)
with an identified product manufacturer shall be allowed to assume the
responsibilities of the product manufacturer as they relate to the require-
ments of Section 1 7944. The product manufacturer may be located inside
or outside California, and/or inside or outside the United States.
(13) "May" means a provision is permissive.
(14) "Material Type" means broad feedstock categories such as paper,
glass, plastic or aluminum. "Material type" does not mean individual
f)lastic resins.
(15) "Measurement Period" means the time period for which com-
pliance is being determined as part of the certification or auditing process
described in §§ 17946, 17946.5, and 17947 of this Article.
(A) Unless the reuse or refill compliance options, pursuant to Section
17944, are used, "measurement period" shall be the preceding calendar
year. If the reuse or refill compliance option is being used, the product
manufacturer may establish another measurement period that is appro-
priate to the product life cycle. If the product manufacturer establishes a
measurement period other than the calendar year, the Board may request
documentation to substantiate the basis for the alternative measurement
period.
(B) For products introduced for sale in California on any day other than
January 1 of any year, the first measurement period for the first year in
which the product's containers are required to comply with the program
requirements shall be the remaining partial calendar year in which the
product was introduced for sale in addition to the following calendar
year. For all subsequent years, the measurement period shall be the calen-
dar year, unless either the reuse or refill compliance option is used, in
which case the manufacturer may establish a measurement period unique
to its product, as described above.
(16) "Medical Device" means the same as it is defined in the federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321 ) and pertinent regulations,
and includes the following:
(A) any instrument, apparatus, implement, machine, contrivance or
implant which is recognized in the National Formulary or United States
Pharmacopoeia or any additional supplement thereof,
(B) intended for use in the diagnosis of disease or other conditions, or
in the cure, mitigation, treatment or prevention of disease, in man or ani-
mal, or
(C) intended to affect the structure or any function of the body of man
or animal.
A medical device does not achieve any of its principle intended pur-
poses through chemical action, nor is it dependent upon being metabo-
Hzed to achieve its intended purpose.
(17) "Medical Food" means the same as it is defined in the federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321 ) and pertinent regulations,
which includes the following:
(A) foods formulated to be consumed or administered under the super-
vision of a physician, and
(B) foods intended for specific dietary management of disease or con-
dition for which distinctive nutritional requirements, based on recog-
nized scientific principles, are established by medical evaluation.
For the purposes of these regulations, medical food is food that is con-
sumed or directly placed in the stomach or intestines through a tube, or
other food which is used to manage a disease or a medical condition, or
food labelled "may be used as the sole source of nutrition" or "may be
used as the sole item of the diet". For the purposes of these regulations,
medical food is not food for which popular dietary claims are made such
as "low-fat" or "low-sodium."
(18) "Must" means a provision is mandatory.
(19) "Non-Source Reduced Container" means a container that is not
considered source-reduced under the criteria established for this pro-
gram as found in Sections 17943 (31) and 17946.5(a)(2) and (b)(4) of this
Article.
(20) "Original Container" means a rigid plastic packaging container
that is holding a product when initially sold to the final end user and
which may later be reused or refilled, as used in § 17946.5(b)(2) and
(b)(3) of this Article.
(21) "Particular Type Rigid Plastic Packaging Container" is a rigid
plastic packaging container which holds a single type of generic product,
such as milk or detergent.
(22) "Point-of-Sale Containers" are containers in which products are
placed for sale directly to and intended for immediate consumption by the
final end-user.
(23) "Postconsumer Material" means a material that would otherwise
be desUned for solid waste disposal, having completed its intended end-
use and product life cycle. Postconsumer material does not include mate-
Page 771
Register 2005, No. 5; 2-4-2005
§ 17943
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
rials and by-products generated from, and commonly reused within, an
original manufacturing and fabrication process.
Rigid plastic packaging containers holding obsolete or unsold prod-
ucts and post-industrial scrap that is commonly disposed, and not com-
monly reused within an original manufacturing process, shall be consid-
ered postconsumer material when used as feedstock for new products.
Internally generated scrap that has been commonly disposed may he
considered postconsumer material if it is later used in a process other than
the original manufacturing and fabrication process.
(24) "Product Associated Rigid Plastic Packaging Container" means
a brand-specific rigid plastic packaging line which may have one or
more sizes, shapes or designs and which is used in conjunction with a par-
ticular generic product line. A product associated container holds a
brand-specific product such as Brand "X" salad dressing or Brand "Y"
automotive oil.
(25) "Recycled" means a product or material which has been diverted
from disposal in a landfill and has been reused in the production of anoth-
er product.
(26) "Recycling Rate" means one of the following:
(A) The proportion, as measured by weight, volume, or number, that
a particular type of rigid plastic packaging container sold or offered for
sale in the state, such as a milk jug, soft drink container, or detergent
bottle, is being recycled in a given calendar year.
This recycling rate calculation includes all rigid plastic packaging
containers sold or offered for sale in California that are used to package
the generic product for which the particular type recycling rate is calcu-
lated.
(B) The proportion, as measured by weight, volume, or number, that
a product-associated rigid plastic packaging container sold or offered for
sale in the state, is being recycled in a given calendar year.
(27) "Relillable package" means a rigid plastic packaging container
which the Board determines is routinely returned to and refilled by the
product manufacturer at least five times with the original product held by
the package. For the purpose of this program, the product manufacturer
or the product manufacturer's agent may refill a package.
(28) "Replacement product" means a product that is sold with the in-
tent that it be removed from its package in order to replenish the contents
of the original container that a consumer purchased that previously held
the identical product.
(29) "Reusable package" means a rigid plastic packaging container
which the Board determines is routinely reused by consumers at least five
times to store the original product contained by the package.
(30) "Rigid Plastic Packaging Container" means any plastic package
having a relatively inflexible finite shape or form, with a minimum ca-
pacity of eight fluid ounces or its equivalent volume and a maximum ca-
pacity of five fluid gallons or its equivalent volume, that is capable of
maintaining its shape while holding other products, including, but not
limited to, bottles, cartons, and other receptacles, for sale or distribution
in the state.
(A) Rigid plastic packaging containers are capable of multiple re-clo-
sure, are sold holding a product, and are composed entirely of plastic with
the exception of caps, hds, labels and other additives such as pigments,
colorants, fillers, and stabilizers that are an integral part of the plastic
polymer compound. Plastic caps and lids may be considered to be part
of a rigid plastic packaging container at the product manufacturer's dis-
cretion.
(B) The total volume of the closed container will establish if the con-
tainer is within the eight ounce to five gallon size requirements. For those
containers measured in liquid or fluid volume, such as fluid ounce, gal-
lon, milliliter, or liter, the product manufacturer may use either the la-
beled volume or the volumetric volume. The metric equivalent for the
following U.S. liquid measures is as follows: eight (8) fluid ounces is
equivalent to 236.59006 milliliters, and five (5) gallons is equivalent to
18.9272 liters. Containers for products which are labeled and sold by
weight or an item count must be measured for their volumetric equivalen-
cy.
(C) "Flexible container" is a container that can be flexed, folded, and
twisted, without the aid of tools, without damaging the container.
(D) "Rigid container" is a container which is not a flexible container
and has essentially the same shape empty as full.
(E) If it is unclear whether a container is a rigid plastic packaging con-
tainer, the Board will make that determination on a case by case basis.
The Board will make that determination by considering, at a minimum,
how the container compares to others that are clearly regulated or ex-
cluded by the program.
(31) "Source reduced container" means either of the following:
(A) A rigid plastic packaging container for which the manufacturer
seeks compliance as of January I, 1995, whose package weight per unit
or use of product has been reduced by 10 percent when compared with
the packaging used for that product by the manufacturer from January I,
1990, to December 31. 1994.
1. If the product held by the container was sold prior to January 1,
1990, the non-source reduced container weight is the average weight of
the container during the first 60 days commencing with the first day of
sale in multiple jurisdictions in 1990.
2. If the product held by the container was initially sold on or after Jan-
uary 1 , 1 990, the non-source reduced weight is the average weight of the
container during the first 60 days it was introduced for sale in multiple
jurisdictions.
(B) A rigid plastic packaging container for which the manufacturer
seeks comphance after January 1, 1995, whose package weight per unit
or use of product has been reduced by 10 percent when compared with
one of the following:
1 . The packaging used for the product by the manufacturer on January
1, 1995.
2. The packaging used for that product by the manufacturer over the
course of the first full year of commerce in this state.
3. The packaging used in commerce that same year for similar prod-
ucts whose containers have not been considered source reduced. "Similar
products" are the same products held by "particular type rigid plastic
packaging containers", as defined in (21) of this section. The product
manufacturer may demonstrate a comparison to "similar products" made
by the same product manufacturer or made by another manufacturer.
(C) A rigid plastic packaging container is not a source reduced con-
tainer for the purposes of this chapter if the packaging reduction was
achieved by any of the following:
1 . Substituting a different material type for a material which previous-
ly constituted the principle material of the container.
2. Increasing a container' s weight per unit or use of product after Janu-
ary 1, 1991.
3. Packaging changes that adversely affect the potential for the rigid
plastic packaging container to be recycled or to be made of postconsumer
material. The Board may review any information provided by the man-
ufacturer to determine if the packaging change adversely affects the po-
tential for the rigid plastic packaging container to be recycled or to be
made of postconsumer material.
(D) For the purposes of calculating source reduction, the stated weight
of a non-source reduced container used for comparison purposes must
be be weight of the actual non-source reduced container used for twelve
consecutive months. If the non-source reduced container has not been
used for twelve consecutive months, the product manufacturer must pro-
vide information to the Board to support its claim if the Board requests
supporting documentation as described in Section 17946.5. In addition,
the stated weight of the source reduced container must be no greater than
the weight of the actual container used for the duration that the source re-
duction compliance option is used.
I . If the source reduction of the container was achieved by manufac-
turing the container with a different resin than was used for the non-
source reduced container, the new container is considered source re-
duced for the purpose of this program.
Page 772
Register 2005, No. 5; 2-4-2005
Title 14
California Integrated Waste Management Board
§ 17944.2
2. Any source reduction achieved by changing the rigid plastic pactc-
aging container to a flexible plastic container may be credited to other
containers as part of the averaging method of compliance described in
Section 17944 (b), Container Requirements.
3. If a rigid plastic packaging container for a specific product is entire-
ly eliminated and the same product is sold in California without any pack-
aging, the source reduction may be credited to other containers as part of
the averaging method of compliance described in Section 17944(b),
Container Requirements.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 401 70, 42300, 42301 , 423 1 0, 42330 and 42340, Public Resources
Code.
History
1. New section filed 1 1-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsections (b)(12)(B) and (b)(22)
filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 13).
3. Amendment of subsections (b)(26)(A)-(B) filed 9-17-2001 as an emergency;
operative 9-17-2001 (Register 2001, No. 38). A Certificate of Compliance
must be transmitted to OAL by 1-15-2002 or emergency language will be re-
pealed by operation of law on the following day.
4. Amendment of subsections (b)(26)(A)-(B) refiled 1-16-2002 as an emergen-
cy; operative 1-16-2002 (Register 2002, No. 3). A Certificate of Compliance
must be transmitted to OAL by 5-16-2002 or emergency language will be re-
pealed by operation of law on the following day.
5. Certificate of Compliance as to 1-16-2002 order transmitted to OAL
2-28-2002 and filed 4-10-2002 (Register 2002, No. 15).
6. Change without regulatory effect repealing subsections (a)(26)(A)-(B) and re-
lettering subsections filed 1-3 1-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 5).
§17944. Container Requirements.
(a) I am a product manufacturer responsible for ensuring that rigid
plastic packaging containers comply with program requirements. What
standards must these containers meet?
On or after January 1 , 1 995, all rigid plastic packaging containers sold
or offered for sale in the state must meet one of the following criteria:
(1) Be made from at least 25 percent postconsumer material.
(2) Be recycled at one of the following rates:
(A) All product-associated rigid plastic packaging containers must
have a 45 percent recycling rate, or
(B) All particular-type rigid plastic packaging containers must have
a 45 percent recycling rate.
(3) Be reusable or refillable.
(4) Be a source reduced container.
(5) Be a container which contains floral preservative and is subse-
quently reused by the floral industry for at least two years. This com-
pliance option is only available for containers used by the floral industry
in California. Similar containers sold to nurseries, landscapers, retail
stores, and other outlets that are not wholesale or retail flower sellers or
growers do not qualify for this comphance option.
For purposes of this section, rigid plastic packaging containers that are
"sold or offered for sale" in the state refers to rigid plastic packaging con-
tainers that are manufactured on or after January 1, 1995, and subse-
quently sold or offered for sale in California.
(b) Must every rigid plastic packaging container, that is not the subject
of waiver pursuant to Section 17944.2(a) or exempt pursuant to Section
17944.5(a) of this Article, meet one of the compliance options listed in
subdivision (a) of this section?
No, every rigid plastic packaging container must not individually meet
one of the compliance standards. A product manufacturer may achieve
compliance for its containers based on an average. This average shall
only be allowed for rigid plastic packaging containers for which the same
compliance option is used. Averaging may be calculated using either data
specific to containers sold and recycled in California or containers sold
and recycled nationwide. Manufacturers may average the source reduc-
tion, postconsumer material, refill, or reuse options to express com-
pliance for the containers they use.
Averaging may be based on the manufacturer's entire product line or
any sub-lines determined by the manufacturer. If averaging is used, ev-
ery rigid plastic packaging container must be included in an average or
comply through another compliance alternative.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42301, 42310, 42326, 42330 and 42340, Public Resources Code.
History
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsection (a)(5) filed 5-30-97; operative 5-30-97 pursuant to Govern-
ment Code section 1 1.343.4(d) (Register 97, No. 22).
3. Change without regulatoiy effect repealing subsections (a)(2)(A)-(B), reletter-
ing subsections and amending subsection (a)(5) filed 1-31-2005 pursuant to
section 100, title 1, Califomia Code of Regulations (Register 2005, No. 5).
§ 17944.2. How Will Waivers Be Granted?
(a) Which rigid plastic packaging containers are eligible for waivers
from this program?
Waivers are allowed under the following conditions:
(i) The postconsumer content compliance option is waived for rigid
plastic packaging containers if they cannot meet the postconsumer mate-
rial requirement of § 1 7944 of this Article and remain in compliance with
applicable state and federal regulations, including those adopted by the
United States Food and Drug Administration. Containers waived under
this condition must comply under another compliance option.
(2) The postconsumer content compliance option of § 17944 of this
Article is waived for rigid plastic packaging containers if it is technologi-
cally infeasible to use 25 percent postconsumer content. Containers
waived under this condition must comply under another compliance op-
tion.
(3) All requirements of § 1 7944 of this Article are waived for a product
manufacturer if by January 1 , 1 995, 50 percent, by number, of the product
manufacturer' s rigid plastic packaging containers sold or offered for sale
in Califomia, contain at least 25 percent postconsumer material, and all
the manufacturer's containers will be in compliance using any option
listed in Section 17944 on or before January 1, 1996.
(4) All requirements of § 17944 of this Article are waived for an intro-
duced product or package, pursuant to § 17943, for 12 months immedi-
ately after the date on which it is first sold or offered for sale in Califomia.
(b) I am a product manufacturer. How do I receive a waiver?
( 1 ) To receive a waiver for your rigid plastic packaging containers pur-
suant to Section 17944.2(a), you may only petition the Board as part of
the compliance verification and auditing process described in Sections
17944.2 and 17947 of this Article. You must submit to the Board by certi-
fied mail a written request containing the informafion below, in order for
the Board to consider granting a waiver:
the rigid plastic packaging container(s) for which the waiver is being
requested, the basis for the waiver, and the name, mailing address, and
telephone number of the person to whom the Board shall direct future
communications relating to the petition.
Petitions to the Board for a waiver pursuant to Section 17944.2(a)(5)
above must also include the following:
a signed affidavit stating that the product held by the container was in-
troduced into commerce in Califomia after January 1, 1995, and that the
product conforms to the "introduced" definition. The affidavit must in-
clude the date on which the product was first sold or offered for sale in
Califomia. The product manufacturer must supply documentation to
substantiate the date of entry to the Califomia marketplace, such as evi-
dence of a Califomia-based media campaign.
(2) Pursuant to section (a)(3) of this section, the Board will grant a gen-
eral waiver for all product manufacturers that use rigid plastic packaging
containers if less than 60 percent of Califomia's single family house-
holds have access to curbside collection programs which include bever-
age container recycling, as described in (a)(3) of this section. You may
not petition the Board for this waiver. The Board will consult the Depart-
ment of Conservafion's, Division of Recycling biannually to obtain the
information necessary to determine whether this waiver should go into
effect. This informafion shall be made pubhc at the meetings of the Cali-
fomia Integrated Waste Management Board and/or the Local Assistance
and Planning Committee meetings held in the months of January and July
of each year.
Page 773
Register 2005, No. 5; 2-4-2005
§ 17944.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(3) Product manufacturers who want a waiver pursuant to Section
17944.2(a)(4) above shall not petition the Board for a waiver. If the
Board requests certification and documentation from a product manufac-
turer that wants to be granted this waiver, the product manufacturer may
demonstrate at that time that 30 percent, by number, of its rigid plastic
packaging containers sold or offered for sale in California contained at
least 25 percent postconsumer material during the calendar year 1995,
and all of the manufacturer's containers are in compliance using any op-
tion listed in Section 17944 of this Article on or before January 1, 1996.
(c) How will the Board inform a product manufacturer if its petition
for a waiver has been accepted or rejected?
Upon receipt of a product manufacturer's petition for a waiver, the
Board will review the petition and will convey its finding to the product
manufacturer within 60 days. All Board responses shall be in the form of
written correspondence directed to the product manufacturer's desig-
nated contact person.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42310, 42310.1, 42326 and 42330, Public Resources Code.
History
1. New section filed ll^t-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect repealing subsections (a)(3), (a)(6) and (b)(4)
filed 3-24-97 pursuant to section 100, fitle 1, California Code of Regulations
(Register 97, No. 13).
3. Change without regulatory effect renumbering former subsections (a)(4)-(5) to
(a)(3)-(4) after repeal of former subsection (a)(3) in prior action filed 3-28-97;
effective 4-23-97 pursuant to section 100, title 1, California Code of Regula-
tions (Register 97, No. 13).
4. Editorial correcfion of History 3 (Register 97, No. 17).
§ 17944.5. Exempt Rigid Plastic Packaging Containers.
(a) Which rigid plastic packaging containers are exempt from the re-
quirements of this Article?
Pursuant to Public Resources Code § 42340, the following containers
are exempt from the requirements of this Article:
(1) Rigid plastic packaging containers produced in or out of the state
which are destined for shipment to other destinations outside the state and
which remain with the products upon that shipment. "Destined for ship-
ment to other destinations outside the state" means that the sale of the rig-
id plastic packaging container to the final end user occurs outside Califor-
nia,
(2) Rigid plastic packaging containers that contain drugs, cosmetics,
food, medical devices, medical food, or infant formula as defined in the
federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.),
(3) Rigid plastic packaging containers that contain products regulated
by the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.),
(4) Rigid plastic packaging containers that are manufactured for use
in the shipment of hazardous materials and are prohibited from being
manufactured with used material by federal packaging material specifi-
cations and testing standards set forth in Section 178.509 of Title 49 of
the Code of Federal Regulations, or are subject to testing standards set
forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code
of Federal Regulations, or to which recommendations of the United Na-
tions on the transport of dangerous goods are applicable.
(b) I am a product manufacturer. Must I petition the Board to verify
that my rigid plastic packaging containers are exempt from the require-
ments of this Article?
No, you are not required to petition the Board to verify that your rigid
plastic packaging containers are exempt. If requested by the Board to cer-
tify compliance pursuant to section 1 7946 of this article, you must submit
to the Board by certified mail a written response containing the informa-
tion below:
the rigid plastic packaging container(s) for which the exemption is be-
ing claimed, the basis for the exemption, and the name, mailing address,
and telephone number of the person to whom the Board shall direct future
communication relating to the exemption.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42310, 42326 and 42340, Public Resources Code.
History
1 . New section filed 1 1-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsection (a)(4) filed 3-18-96
pursuant to section 1 00, title 1 , California Code of Regulations (Register 96, No.
12).
3. Change without regulatory effect amending subsection (a)(2) filed 3-24-97
pursuant to section 1 00, title 1 , California Code of Regulations (Register 97, No.
13).
§ 17945. Who IVlust Comply With These Regulations?
(a) Who is responsible for ensuring that the containers regulated by
this program are in compliance with the requirements of this Article?
(1) Product manufacturers, pursuant to Section 17943(b)(12) of this
Article are responsible for compliance with the requirements of the rigid
plastic packaging container program.
(2) Product manufacturers that are responsible only for products ex-
empt under section 17944.5 are required to comply only with section
17944.5(b).
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Secnons 42301 and 42325, Public Resources Code.
History
1. New section filed 11-4-94; operafive 12-5-94 (Register 94, No. 44).
§ 1 7946. Who Must Certify That Compliance With This
Article Is Met?
(a) Who must submit certifications?
Product manufacturers, pursuant to Section ]7943(b)(12) of this Ar-
ticle, and only upon notification from the Board as described in this sec-
tion, are required to certify to the Board that the containers that they use
comply with the rigid plastic packaging container requirements if they
sell or offer for sale a product in a rigid plastic packaging container that
is sold to a final end-user in California.
Upon the Board's request, a product manufacturer must submit a
Board-supplied product manufacturer certification containing informa-
tion that includes, but is not limited to, the information described in sec-
tion (i) below.
A product manufacturer must, in addition, submit a container man-
ufacturer certification if the product manufacturer chooses compliance
based on the postconsumer content or source reduction compliance op-
tions, pursuant to this section and Sections 17944 and 17946.5 of this Ar-
ticle.
Page 774
Register 2005, No. 5; 2-4-2005
Title 14
California Integrated Waste Mahageihent Board
§ 17946
Container manufacturers must supply a certification to product man-
ufacturers that includes the information described in section (h) below,
if the container manufacturer produces rigid plastic packaging containers
that either
(1) Meet the postconsumer material compliance option, or
(2) Meet the source reduction comphance option where the source re-
duction was achieved by reducing the weight of the containers used for
a specific amount (ounces, grams, etc.) of product.
Proprietary information included in a certification submitted to the
Board as required by this Article shall not be made available to the gener-
al public. The Board's procedures for protection of proprietary informa-
tion can be found in section 17948.
(b) When must certifications be submitted?
The Board may request a completed certification from a product man-
ufacturer once per calendar year or once per a product manufacturer's
compliance measurement period, pursuant to Section 17943(b)(15) of
this Article. The Board shall not initiate requests for certifications until
January 1, 1996, and will not require a product manufacturer to submit
evidence of its compliance until 90 days after the end of the calendar year
or measurement period established pursuant to Section 17943(b)(15).
(c) Where can I get a certification form?
As part of the Board's notification to product manufacturers that they
shall submit a compliance certification, the Board will include a product
manufacturer certification form and a container manufacturer certifica-
tion form. The Board will request that compliance certification be made
by certified mail.
(d) How will the Board determine which product manufacturers are to
submit a rigid plastic packaging container certification form and how
will the Board notify product manufacturers of its determination?
In addition to random selection, the Board may use the following crite-
ria to determine when to request a certification form from a product man-
ufacturer: container type, product type held by the container, company
size, or receipt of information that causes the Board to suspect that a con-
tainer is not in compliance. The Board will request a certification of com-
pliance from a product manufacturer in writing.
(e) How long do 1 have to respond to a Board request for a completed
certification forms?
A product manufacturer's completed certification forms must be post-
marked no later than 90 calendar days from the date on which the Board' s
request arrived via certified mail. Product manufacturers may, in writing
prior to the due date, request an extension of up to an additional 30 days
to respond to the Board's request for certification. An extension may be
granted by the Board if the product manufacturer provides the Board with
documentary evidence to support its request based on criteria such as cor-
porate acquisitions, corporate reorganizations, difficulty obtaining con-
tainer information, or catastrophic acts of God, or other criteria deemed
acceptable upon the Board's evaluation.
(f) As a product manufacturer, how will I know if my certification
forms are complete?
The Board will review the certification forms to determine (1) the
completeness of the certification forms; and (2) if not complete, any addi-
tional informadon or documentation needed. The Board will then, via
certified mail, notify the product manufacturer as to the completeness of
the forms. The Board's notice will state whether any additional informa-
tion or documentation is required. The product manufacturer will have
30 days after the receipt of the notice to provide the required information
or documentation.
(g) If I am a product manufacturer and I wish to claim compliance
through the source reduction or postconsumer content options, as de-
scribed in Section 17944 of this Article, who must provide certification
to the Board: I or the container manufacturer?
When the basis for compliance is either the postconsumer material op-
tion or the source reducfion compliance option where the reduction was
achieved by a simple decrease in container weight, then the container
manufacturer must provide certification to the product manufacturer. If
either of these two compliance options are claimed, you must request the
appropriate container manufacturer(s) to complete a Board-supplied
container manufacturer certification form. This form will be provided to
you with the original request for cerfification from the Board or at your
request. This form must be completed by the container manufacturer, and
must accompany your product manufacturer certification form when
sent to the Board. The required information to substanfiate either of these
two compliance claims is described in secfion (h) below.
Alternatively, if the container manufacturer provides you with all the
information described in section (h) below as part of standard business
procedures, then that same information may be submitted to the Board
in lieu of a completed container manufacturer form supplied by the
Board. As with the Board-supplied container manufacturer certification,
the information supplied by the container manufacturer to you must be
submitted with any product manufacturer certification that is submitted
to the Board.
The product manufacturer is responsible for compliance with the re-
quirements in Section 1 7944, but the container manufacturer is responsi-
ble for ensuring the accuracy of any information it provides to you.
(h) If I am a container manufacturer, what type of information must I
provide in my cerfification?
You must provide, at a minimum, the following informadon:
(1) Your company's name, mailing address, and telephone number,
and the name and title of the person responsible for supplying required
informadon;
(2) The name, address, and telephone number of the product manufac-
turer at whose behest you are completing the cerdfication form and the
name and title of the person at that company who requested that you com-
plete a certification form. If you supply a standard form to all customers
expressing compliance with either the postconsumer material or source
reduction compliance opdons as described in (g) of this secdon and
which includes the information required in this section, then you do not
need to provide the informadon in the previous sentence;
(3) For compliance with the postconsumer material opdon, state the
following: the percentage of postconsumer material in the containers in
question, the total weight of resin used to manufacture the specified con-
tainers, and the total weight of postconsumer resin used to manufacture
the specified containers.
(4) ForcompUance with the source reducfion opdon that was achieved
by a simple reducdon in container weight, state the following: the per-
centage of weight reducdon for the containers, and the average weight
of the containers of the packaging line before and after source reduction
occurred.
(5) Any other informadon the Board determines is necessary to verify
compliance.
(6) The certification must be submitted under penalty of perjury, ac-
cording to the following format:
"I cerdfy under penalty of perjury under the laws of the State of Cali-
fornia that the foregoing is true and correct."
(Date)
(Signature)
(i) If I am a product manufacturer, what type of information must I pro-
vide in my cerdficadon?
The informadon submitted on a Board-supplied product manufactur-
er certificadon form shall include, but not be limited to, the following:
(1) Your company's name, mailing address, and telephone number,
and the name and title of the person responsible for supplying the re-
quired information;
(2) The adverdsed name of your product containers regulated by this
article and the resin type used for the containers;
(3) The compliance opdon, as described in Secdons 17943 and 17944
of this Article, used to attain compliance or a statement that the product
container is not in compliance with program requirements. The informa-
don you are required to provide depends on the compliance option used.
Page 775
Register 2004, No. 3; 1 - 16-2004
§ 17946.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(A) For compliance with the postconsumer material option, state the
percentage of postconsumer material in the containers for which you
claim compliance.
(B) For compliance with any of the recycling rate options, state which
recycling rate option was used, the recycling rate achieved, and a descrip-
tion of the products held by the containers that have achieved the stated
rale.
(C) For compliance with the reuse option, state the average number of
times the container was reused.
(D) For compliance with the reu.se option, state the average number of
times the container was refilled.
(E) For compliance with the source reduction option where the source
reduction was achieved by either concentrating the product, or achieved
by a combination of concentrating the product and reducing the weight
of the container that holds the product, you must provide the following:
1. The percentage the container was source reduced, and
2. The average weight per unit of product or the average weight per use
of product before the source reduction was made and the average weight
per unit of product or the average weight per use of product after the
source reduction was made.
(4) Any other information the Board determines is necessary to verify
compUance.
(5) The certification must be submitted under penalty of perjury, ac-
cording to the following format:
"1 certify under penalty of perjury under the laws of the State of Cali-
fornia that the foregoing is true and correct."
(Date) (Signature)
NOTE; Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42320, 42321, 42323 and 42325, Public Resources Code.
History
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsection (a)(2) filed 3-24-97
pursuant to section 100, title 1, California Code of Regulations (Register 97, No.
13).
3. Amendment of subsections (a) and (e), new subsection (f), subsection reletter-
ing and amendment of newly designated subsections (g) and (h)(2) filed
6-2-2003 as an emergency; operative 6-2-2003 (Register 2003, No. 23). A
Certificate of Compliance must be transmitted to OAL by 9-30-2003 or emer-
gency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 6-2-2003 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2004, No. 3).
5. Amendment of subsections (a) and (e), new subsection (0, subsection reletter-
ing and amendment of newly designated subsections (g) and (h)(2) filed
1-12-2004: operative 1-12-2004 pursuant to Government Code section
1 1343.4 (Register 2004, No. 3).
§ 17946.5. Documentation Requirements.
The Board may require product manufacturers and container man-
ufacturers to submit to the Board supporting documentation that substan-
tiates their compliance claims following the receipt of a certification. Ex-
cept as otherwise stated, documentation to substantiate a compliance
claim must be provided for the preceding calendar year.
Proprietary information included in a supporting documentation sub-
mitted to the Board as required by this Article shall not be made available
to the general public. The Board's procedures for protection of propri-
etary information can be found in subsection 17948(i).
(a) I am a product manufacturer. What information must I provide to
substantiate the certification claims made in response to Section 17946?
The information necessary to substantiate compliance varies depend-
ing upon the compliance option selected.
(1) For rigid plastic packaging containers for which the postconsumer
material compliance option is claimed, the product manufacturer must
provide, at a minimum, the following information:
(A) Certification from the container manufacturer stating the total
weight of postconsumer resin in the containers for which compliance is
claimed and the total weight of all resin used in the containers for which
compliance is claimed. If later requested by the Board, the container
manufacturer must provide copies of shipment orders, bills of lading,
purchase orders, or other evidence of receipt of postconsumer resin dur-
ing the previous calendar year for the manufacture of the containers for
which compliance is claimed,
(B) The formula and data used to calculate the percentage of postcon-
sumer material in the container. The following formulas may be used, if
mathematically appropriate for the subject containers, or the product
manufacturer may supply its own appropriate formula:
For a single or multiple container Unes:
X 100
Percent of total weight of postconsumer resin
Postconsumer = used in all containers
Material total weight of postconsumer resin
used in all containers + total weight of
all other resins used in all containers
To comply under this option the percent of postconsumer must be
equal to or greater than 25.
(C) Any other information from the product manufacturer necessary
to substantiate the product manufacturer's claim of compliance with this
option.
(2) For rigid plastic containers for which the source reduction com-
pliance option is claimed, the product manufacturer must provide, at a
minimum, the following information:
(A) The percentage the container has been source reduced,
(B) The container weight per unit or use of product of the non-source
reduced container and the container weight per unit or use of product for
the container for which source reduction is claimed,
(C) The formula and data used to calculate the percentage that the con-
tainers were source reduced. The following formulas may be used, if
mathematically appropriate for the subject containers, or the container
manufacturer may supply its own appropriate formula:
Formula to calculate the percentage of a single packaging line:
Percent
Source
Reduced \ / \ / ^ ^qq
Formula to calculate the percentage of source reduction for multiple
packaging lines:
Percent
Source
Reduced
N,
W.
w.
Un.
u.
100
w.
Ni
Un
where:
Wn = average weight or volume capacity of the non-source reduced
containers
Un = units or uses of product per non-source reduced container
Wg = average weight or volume capacity of the source reduced con-
tainers
Us = units or uses of products per source reduced container
i = each container line complying with this source reduction option
Nj = total annual number of containers in container line / complying
with the source reduction option
To comply under this option the Percent Source Reduced must be
equal to or greater than 10.
(D) Any other information from the product manufacturer necessary
to substantiate the product manufacturer's claim of compliance with this
option.
(3) For rigid plastic packaging containers for which the reuse com-
pliance option is claimed, the product manufacturer must provide, at a
minimum, the following information:
Page 776
Register 2004, No. 3; 1-16-2004
Title 14
California Integrated Waste Management Board
§ 17946.5
(A) A statement of the measurement period that was used to quantity
the amount that the identified containers were reused, and a quantitative
description of how that measurement period was determined;
(B) Copies of sales reports or other evidence that show the following:
1. The total volume or weight of the product sold in the original con-
tainers in the established measurement period, and
2. The total volume or weight of the replacement product sold.
Sales reports of the product sold in the original rigid plastic packaging
container and sales reports of the replacement product must be identified
separately; and
3. If the replacement product is of a different strength than the original
product, the product manufacturer must provide the appropriate conver-
sion factor. The conversion factor shall explain the number of uses per
weight unit or volume unit of product for both the original product and
for the replacement product.
(C) The formula and data used to calculate the number of reuses
achieved for the containers. The following formulas may be used, if
mathematically appropriate for the subject containers, or the product
manufacturer may supply its own appropriate formula:
Formula to calculate the number of reuses for a given measurement pe-
riod for a single container line:
Average Refills Per Container :
number of containers sold during the
measurement period
Average Reuse Per
Container Liner =
where:
(number of replacement product packages sold) x n
(number of original containers sold)
n = the number of times the replacement product packages will fill the
original container to accomplish the same number of units or uses
of product held by the original container.
Formula to calculate the average number of reuses for a given mea-
surement period for multiple container lines:
Average Reuse Z Rj
Per Container = E Oj
where:
1 =
Ri=
Oi=
each container line seeking this compliance option
total number of units or uses sold in replacement products packages
calculated by multiplying the number of units or uses in each
replacement package by the number of replacement packages
sold during the measurement period.
total number of units or uses sold in original containers calculated
by multiplying the number of units or uses in each original
container by the number of original containers sold during the
measurement period.
To comply under this option, the Average Reuse Per Container must
be equal to or greater than 5.
(D) Any other information from the product manufacturer necessary
to substantiate the product manufacturer's compliance claim with this
option.
NOTE: This option will demonstrate compliance for the original containers
only; the replacement product container must comply under another option.
(4) For rigid plastic packaging containers for which the refill com-
pliance option is claimed, the product manufacturer must provide, at a
minimum the following information:
(A) A statement of the measurement period that was used to quantify
the amount that the identified containers were refilled, and a quantitative
description of how that measurement period was determined;
(B) Copies of sales reports or other evidence which shows the follow-
ing:
1 . The total number of containers sold during the measurement period.
2. The total number of original containers used by the product man-
ufacturer during the established measurement period.
(C) The formula and data used to calculate the number of refills
achieved for the containers. The following formulas may be used, if
mathematically appropriate for the subject containers, or the product
manufacturer may supply its own appropriate formula:
Formula to calculate the number of refills for a given measurement pe-
riod for a single container:
number of new original containers used by
the product manufacturer during the
measurement period
Formula to calculate the number of refills for a given measurement pe-
riod for multiple container lines:
Average Refills
Per Container =
total weight of all containers sold during the
measurement period
total weight of all new original containers used during the
measurement period
To comply with this option, the Average Refills Per Container must
be equal to or greater than 6.
(F) Any other information from the product manufacturer necessary
to substantiate the product manufacturer's compliance claim with this
option.
(5) For rigid plastic containers for which the parficular type or product
associated recycling rate compliance option is claimed, the product man-
ufacturer must show the recycling rate for that specific particular type of
container sold in California and the number of those containers collected
in California for recycling. At a minimum, the product manufacturer
must do the following:
(A) Present to the Board in writing for its approval the methodology
used to determine the sales and recycling figures. This methodology must
explain in detail how the figures were derived or obtained. The Board
must approve of the methodology prior to its use to determine a particular
type or product associated recycling rate. Beginning for compliance year
1996, for any given calendar year, if a product manufacturer elects to
base compliance on this option, the methodology must have been sub-
mitted to the Board by July 1 of the previous year. A product manufactur-
er may use the same methodology that the Board adopts to determine the
aggregate recycling rate if the product manufacturer can demonstrate
how the method is appropriate and comparable.
The Board shall notify the product manufacturer within 60 days of the
postmark of the request as to whether the methodology is acceptable. If
a methodology is determined to be unacceptable, the Board will provide
the rationale for why the methodology is not acceptable and provide sug-
gestions as to how the proposed methodology could be altered to be made
acceptable.
(B) Once a methodology has been approved, that same methodology
must be used to determine the figures submitted as part of a compliance
claim. If the approved methodology is not used and the manufacturer se-
lects this compliance option, the Board may reject the product manufac-
turer's compliance claim. The methodology remains valid to determine
compliance in future years, unless it is modified by the product manufac-
turer without the Board's approval. Procedures for obtaining authoriza-
tion for modifying a methodology are identical to those for establishing
the initial methodology as stated in this section. The Board may request
original data.
(C) Product manufacturers that use the particular type recycling rate
to comply with this program may designate any person as the entity to
design the methodology, perform the study, and submit supporting docu-
mentation to the Board on behalf of the product manufacturers who are
using the particular type rigid plasfic packaging containers.
(D) Any other information from the product manufacturer necessary
to substantiate the product manufacturer's compliance claim with this
option.
(E) To comply under this opfion, the recycling rate must be equal to
or greater than 45 percent.
(6) Product manufacturers using the floral industry compliance op-
tion, as specified in section 1 7944(a)(5), shall submit to the Board for re-
view and approval a methodology showing how affected containers will
meet the two year reuse criteria. For 1997, the product manufacturer shall
submit the proposed methodology to the Board on or before July 1 , 1 997.
For subsequent years, the manufacturer shall submit the proposed meth-
odology to the Board on or before July 1 ofthe calendar year immediately
prior to the year the manufacturer intends to use this compliance option.
Page 777
Register 2004, No. 3; 1-16-2004
§ 17947
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
The methodology shall include:
(A) The proposed method used to determine the number of containers
sold to the (loral industry in California;
(B) The proposed method used to determine the total number of con-
tainers sold in California; and
(C) The proposed method used to determine the average reuse (in
years) of the containers purchased by the 11 oral industry in California.
One acceptable method would be a statistically valid survey of the prod-
uct manufacturer's floral industry customers, to be conducted by an inde-
pendent contractor. If this method is used, a copy of the proposed survey
form must be included in any submittals to the Board.
(7) Based upon information received related to subdivisions (1)
through (6) of this section, the Board may request additional information
as it deems necessary.
(b) Can a product manufacturer switch the option it uses to attain com-
pliance for its rigid plastic packaging containers?
A product manufacturer may change the option it uses to attain com-
pliance for its rigid plastic packaging containers one time per calendar
year or other established measurement period.
(c) When must 1 submit supporting documentation to the Board?
Following receipt of your compliance certification, the Board may re-
quest that you submit documentation to support your comphance claim.
You must submit supporting documentation at the Board's request. If the
Board wants you to submit supporting documentation, the Board will
mail a request and you will have 60 days following the postmarked date
to supply the information. Supporting documentation shall be submitted
to the Board by certified mail. If the Board does not request supporting
documentation, you should not include it with your compliance certifica-
tion.
(d) How long must I keep the records required by these regulations?
For all compliance standards used by a product manufacturer other
than source reduction, all documentation supporting any compliance
claim must be available for at least four years following the end of the
compliance period. For source reduction compliance claims, the support-
ing documentation for the baseline year as specified in subdivision (a)(2)
of this section must be available to the Board for at least four years after
the product is no longer sold in California.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42310, 42320, 42321 and 42325, Public Resources Code.
History
1. New section filed 1 1-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsections(a)(6)-(a)(6)(C), renumbering and amendment of former sub-
section (a)(6) to new subsection (a)(7), and amendment of Note filed 5-30-97;
operative 5-30-97 pursuant to Government Code section 1 1343.4(d) (Register
97, No. 22).
3. Amendment of subsection (d) filed 2-2-2000 as an emergency; operative
2-2-2000 (Register 2000, No. 5). A Certificate of Compliance must be trans-
mitted to OAL by 6-1-2000 or emergency language will be repealed by opera-
tion of law on the following day.
4. Certificate of Compliance as to 2-2-2000 order transmitted to OAL 6-1-2000
and filed 7-11 -2000 (Register 2000, No. 28).
§17947. Auditing.
(a) Will the Board audit my certifications?
The Board may audit your certifications. The Board may ask you for
supporting documentation as described in Sections 17946 and 17946.5
of this Article.
(b) How will the Board request supporting documentation?
To obtain the information, the Board will mail a request to you. The
Board will list the information it needs and explain why the Board needs
the information. You will have 60 days following the postmarked date
on the Board's request to supply the information.
(c) How will the Board conduct an audit?
If the Board decides to conduct an audit of your records to determine
compliance with program requirements, the audit will be conducted
based on information you provide to the Board. The Board may request
supplemental information from you during the course of the audit, if nec-
essary. The Board will mail you the results within 60 days of the date that
the Board receives any supplemental information requested.
(d) What if 1 fail to provide requested information to the Board?
If you fail to provide the requested information in accordance with this
Article, you may be subject to the fines and penalties set forth in Section
17949of this Article.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42320 and 42321, Public Resources Code.
History
1 . New section filed 1 1-4-94; operalive 12-5-94 (Register 94, No. 44).
§17948. Proprietary Information.
(a) How will the Board handle confidentiality of information?
(1) Upon the request of a manufacturer or trade association, the Board
shall not disclose information, required by Section 17948 as it read prior
to January 1, 1 997, related to individual manufacturers, to the extent that
it may legally be withheld from disclosure. Information related to indi-
vidual manufacturers may be withheld from disclosure:
(A) if it is found to contain proprietary information pursuant to Public
Resources Code Section 42323;
(B) to the extent provided by Government Code Sections 6254(k) and
6255; and
(C) if it constitutes a trade secret as referenced in Public Resources
Code Section 40062, Civil Code Section 3426 et seq., and Government
Code Section 6254.7.
(2) If the Board receives a written request from a member of the public
that the Board disclose data claimed to be trade secret, confidential or
proprietary information, or if the Board, upon its own initiative, seeks to
disclose such data, the Board shall inform the provider of the information
in writing that disclosure of the data is sought, and that a determination
is being made as to whether any or all of the information has been proper-
ly identified as trade secret, confidential or proprietary information.
(A) If the Board determines that the information is not trade secret,
confidential or proprietary information, the Board shall notify the person
who furnished the information by certified mail. The person who fur-
nished the information shall have 30 days after receipt of this notice to
provide the Board with a complete justification and statement of the
grounds on which the trade secret, confidential or proprietary informa-
tion claim is being made. The justification and statement shall be sub-
mitted to the Board by certified mail. The deadline for filing the justifica-
tion may be extended by the Board upon a showing of good cause made
prior to the deadline specified for its receipt.
1. The justification and statement submitted in support of a claim of
trade secret, confidential or proprietary information shall include, but is
not hmited to, the following:
a. a specific description of the data claimed to be entitled to treatment
as trade secret, confidential or proprietary information;
b. a statement as to whether it is asserted that the data is a trade secret,
is confidential or proprietary information, that disclosure of the data
would result in harmful effects on the person's competitive position, and
if so, the nature and extent of such anticipated harmful effects;
c. any statutory or regulatory provisions under which the claim of trade
secret, confidentiality or proprietary is asserted;
d. the period of time for which trade secret, confidenfial or proprietary
treatment is requested;
e. the extent to which the data has been disclosed to others and whether
its trade secret, confidential or proprietary status has been maintained or
its release restricted;
f trade secret, confidentiality or proprietary determinations, if any,
made by other public agencies as to all or part of the data and a copy of
any such determination, if available.
2. Documentation in support of a claim of trade secret, confidential or
proprietary information, as specified in subdivision 1. of this section,
may be submitted to the Board prior to the time disclosure is sought.
(B) The Board shall determine whether the informafion is protected as
trade secret, confidential or proprietary information within 15 days after
receipt of the justification and statement or, if no justification and state-
ment is filed, within 45 days of the notice required by subdivision (A).
The Board shall notify the person who furnished the information and any
Page 778
Register 2004, No. 3; 1-16-2004
Title 14
California Integrated Waste Management Board
§ 17949
party who has requested the information pursuant to a public records re-
quest of the determination, by certified mail.
(C) If the Board determines that the information is not protected as
trade secret, confidential or proprietary information, the notice required
by subdivision (B) shall also specify a date, not sooner than 1 5 days after
the date of mailing of the notice, when the information shall be made
available to the public.
(3) Except as provided in subdivisions (1) and (2), the Board may re-
lease information submitted and designated as trade secret, confidential
or proprietary information to the following under the following condi-
tions:
(A) Other governmental agencies, and the Legislature may receive in-
formation that has been compiled or aggregated from confidential infor-
mation, but does not reveal the specific sources of the information, when
the information has been requested in connection with a local enforce-
ment agency's or the Board's responsibilities under this division or for
use in making reports.
(B) To the state or any state agency injudicial review for enforcement
proceedings involving the person furnishing the information.
(4) Should judicial review be sought of a determination issued in ac-
cordance with section (2), either the person requesting the data or the per-
son making the claim of trade secret, confidential or proprietary informa-
tion status in relation to the data, may be made a party to the litigation to
justify the determination.
Note-. Authority cited: Section 6253, Government Code. Sections 40502 and
42325, Public Resources Code. Reference: Sections 6250 et seq.. Government
Code. Sections 40062 and 42323, Public Resources Code.
History
1 . New section filed 1 1-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending section heading, repealing subsec-
tions (a)-(h)(2), relettering subsections, and amending newly designated sub-
section (a)(]) filed 3-24-97 pursuant to section 100, title 1, California Code of
Regulations (Register 97, No. 13).
§ 17948.5. Letters of Non-Objection.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42310 and 42323, Public Resources Code.
History
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
3. Change without regulatory effect repealing section filed 3-24-97 pursuant to
section 100, title 1, California Code of Regulations (Register 97, No. 13).
§ 17949. Violations and Penalties.
(a) What may result if I provide the Board with a false or misleading
certification?
Pursuant to Public Resources Code 42322, within 30 days of the Board
having made a determination that an entity provided the Board with a
false or misleading certificate, the Board shall refer that entity to the At-
torney General for prosecution for fraud.
(b) What may result if I do not comply with the program requirements?
Any violation is a public offense and is punishable by a fine not to ex-
ceed $100,000. In addition, violators may be subject to a civil penalty not
to exceed $50,000 per violation. Total fines and penalties are not to ex-
ceed $100,000 per annum for each violator. Annually, on and after July
1, 1996, the Board shall publish a list of all violators of these require-
ments and the amount of the fines they were assessed.
(c) What are the penalties for not complying with program require-
ments?
Penalties for specified violations of program requirements follow.
Violation
(7; CC/? Section 17944;
/'TJC Section 423 10
(2) CCR Section 17946
(3) CCy? Section 17946
(4) CC7? Section 17946;
/'/JC Section 42321
Description of Violation
Product manufacturer did not comply with container
requirements. Penalty detennined by degree of
noncompliance.
Product manufacturer did not submit certification by
due date.
Product manufacturer did not submit complete or accurate
certification by due date. Degree of incompleteness or inaccuracies
include, but are not limited to, misreporting exempfions; failure
to account for all products; failure to account for subsidiaries and divisions;
lack of container manufacturer's verification of number of containers sold
or weight of containers; inconsistencies in information from product
manufacturer and container manufacturer; lack of signatures; mathematical
inaccuracies.
Product manufacturer submitted false or misleading information
on certification.
Penalty
$5,000— $50,000
See Subsection (d).
$1,000— $50,000
See Subsection (e).
$1,000— $50,000
(d) For violation (1) how will the degree of noncompliance be deter-
mined?
The degree of noncompliance will be determined according to the fol-
Referral to Attorney General for
prosecution for fraud within 30 days
of discovery by Board; maximum
fine, $100,000.
lowing point system where the amount of violation will be determined
according to the following formula: $50,000 minus $1 ,800 times number
of points or [$50,000— ($1,800 x number of points)].
Rigid Plastic Packaging Container Compliance Point System
Points
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PC Resin
Sourc
e Reduction
(Percent PCR)
(Percent SR)
1
0.4
2
0.8
3
1.2
4
1.6
5
2
6
2T4
7
2.8
8
3.2
9
3.6
10
4
11
4.4
12
4.8
13
5.2
14
5.6
15
6
16
6.4
17
6.8
18
7.2
19
7.6
Reuse
(Times)
0.2
0.4
0.6
0.8
1
1.2
1.4
1.6
1.8
2
2.2
2.4
2.6
2.8
3
3.2
3.4
3.6
3.8
Refill
(Times)
0.2
0.4
0.6
0.8
1
1.2
1.4
1.6
1.8
2
2.2
2.4
2.6
2.8
3
3.2
3.4
3.6
3.8
Page 779
Register 2004, No. 3; 1-16-2004
§ 17950
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Points
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
(e) For violation (2), what criteria will be used to determine penalties
for certifications submitted late?
Certifications submitted late will be assessed the following penalties:
PC Resin
Source Reduction
(Percent PCR)
(Percent SR)
20
8
21
8.4
22
8.8
23
9.2
24
9.6
25
10
26
10.4
27
10.8
•28
11.2
29
11.6
30
12
31
12.4
32
12.8
33
13.2
34
13.6
35
14
36
14.4
37
14.8
38
15.2
39
15.6
40
16
41
16.4
42
16.8
43
17.2
44
17.6
45
18
46
18.4
47
18.8
48
19.2
49
19.6
50
20
Reuse
(Times)
4
4.2
4.4
4.6
4.8
5
Refill
(Times)
4
4.2
4.4
4.6
4.8
5
Davs Late
Amount of Penalty
1-30
31-60
More than 60
$1,000
$5,000
Up to $50,000
(Considered nonresponsive)
(f) Are there mitigating factors that the Administrative Law Judge or
Board may consider in reducing the penalty amount for any violation?
Yes. The Administrative Law Judge or the Board may consider, but
is not limited to considering, evidence of the following, as provided by
the product manufacturer:
1. Impact on diversion and sustainable markets.
2. Size of company.
3. Degree of cooperation or noncooperation, including documented
efforts to obtain container manufacturer's documentation.
4. Technological feasibility of compliance.
5. History of previous compliance.
NOTE: Authority cited: Sections 40502 and 42325, Public Resources Code. Refer-
ence: Sections 42310, 42321 and 42322, Public Resources Code.
History
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Amendment of section heading, repealer of former subsections (c)-(e) and new
subsections (c)-(O filed 6-2-2003 as an emergency; operative 6-2-2003 (Reg-
ister 2003, No. 23). A Certificate of Compliance must be transmitted to OAL
by 9-30-2003 or emergency language will be repealed by operation of law on
the following day.
3. Reinstatement of section as it existed prior to 6-2-2003 emergency amendment
by operation of Government Code section 11 346. 1(f) (Register 2004, No. 3).
4. Amendment of section heading, repealer of former subsections (c)-(e) and new
subsections (c)-(f) filed 1-12-2004; operative 1-12-2004 pursuant to Govern-
ment Code section 1 1343.4 (Register 2004, No. 3).
Article 4. Recycled Content Newsprint
§ 17950. Regulatory Effect of Questions and Answers.
For the purposes of this Article, both the question and answer in each
section have regulatory effect for implementation and enforcement. In
addition to the regulations in this Article, statutory provisions contained
in Sections 40502 and 42750 through 42791 of the Public Resources
Code govern the Recycled-Content Newsprint Program.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42760, Public Resources Code.
History
1 . New section filed 4-7-92 : operative 4-7-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 18).
§ 17952. Purpose and Definitions.
(a) What is the purpose of these regulations? These regulations explain
what recycled-content newsprint requirements consumers and suppliers
of newsprint must meet, and what procedures consumers and suppliers
of newsprint must follow to report and certify recycled-content news-
print use. These regulations only pertain to newsprint use within the state
of California.
(b) Definitions. Additional definitions may be found in Article \,
Chapter 15, Part 3 of Division 30 of the Public Resources Code.
(1 ) The Board is the California Integrated Waste Management Board.
(2) A commercial printmg and publishing operation is a business lo-
cated in Cahfomia, which uses newsprint in its printing or publishing op-
eration. A commercial printer is further defined as a person whose busi-
ness is classified in the Standard Industrial Classifications Code (SIC),
Sections 2752, 2754, or 2759, which are incorporated herein by refer-
ence. A commercial publisher is further defined as a person whose busi-
ness is classified in the Standard Industrial Classifications Code (SIC),
Sections 2711, 2721, 2731, or 2741, which are incorporated herein by
reference.
(3) A consumer of newsprint means a person, as defined in Public Re-
sources Code section 40170, who uses newsprint in a commercial print-
ing or in a commercial publishing operafion.
Public Resources Code 40170 defines "person" as individual, firm, as-
sociation, copartnership, political subdivision, government agency, mu-
nicipality, industry, public or private corporafion, or any other enfity
whatsoever.
(4) Delivery time is the time between placement of a newsprint order
and receipt of that order by a consumer of newsprint.
(5) Grade is a class or level of quality of paper or pulp which is ranked,
or distinguished from other papers or pulps, on the basis of its use, ap-
pearance, quality, manufacturing history, raw materials, or a combination
of these factors. Some grades have been officially idenfified and de-
scribed and thus are ranked. Others are commonly recognized but lack
official definifion.
•
Page 780
Register 2004, No. 3; 1-16-2004
Title 14
California Integrated Waste Management Board
§ 17956
(6) Groundwood Pulp means a material that is produced by taking de-
barked pulpwood, and forcing it against a revolving grindstone in the
presence of water. The abrasive action of the stone reduces the wood to
pulp. No chemicals are used in the production of groundwood except for
possible bleaching.
(7) Machine Finish is any finish obtained on a paper machine. It may
be that of a sheet of paper as it leaves the last drier or as it leaves the calen-
dar stack. It may also be a dry or water finish. When used in conjunction
with the name of a grade or type of paper, a machine finish has less than
the maximum range of smoothness.
(8) May means a provision is permissive.
(9) A metric ton is 1000 kilograms. To convert pounds to metric tons,
divide the number of pounds by 2,204.6.
(10) Must means a provision is mandatory.
(11) Newsprint means uncoated paper, whether supercalendered or
machine finished, of the type generally used for, but is not limited to, the
publication of newspapers, commercial advertising inserts, directories,
or commercial advertising mailers, which is made primarily from me-
chanical woodpulps combined with some chemical woodpulp. "News-
print" includes paper made from old newspapers, which have been
deinked, using the recycled pulp in lieu of virgin pulp. "Newsprint" in-
cludes all grades of paper sold as newsprint, supercalendered (SC) un-
coated groundwood, or machine finished (MF) uncoated groundwood.
Grades of newsprint may include, but are not limited to:
(1) Newspaper Newsprint: 52.1 g/m- through 45.0 g/m-
(2) Lightweight Newsprint: 45.0 g/m- and lower
(3) Supercalendered and machine finished uncoated groundwood
newsprint grades, as follows:
(a) Hi-Brite Newsprint: 48.8 g/m- and higher, brightness greater than
65%
(b) CPO Newsprint: 45.0 g/m- through 48.7 g/m- brightness greater
than 65%
(c) Rotogravure Newsprint: 40.0 g/m^ and higher, roughness less than
60 Sheffield.
( 1 2) A newsprint manufacturer is in the business of maki ng newsprint.
(13) A newsprint supplier is a broker, dealer, or seller of 5 metric tons
or more of newsprint per year for use in California. Consumers who sup-
ply other consumers with newsprint are not considered suppliers for the
purposes of this Article.
(14) Quoted price is defined as the actual purchase price for newsprint;
i.e. the price agreed upon by the buyer and the seller, verbally or in writ-
ing, which would consummate a sale or purchase.
(15) Recycled Content Newsprint means newsprint in which not less
than 40 percent of its fiber consists of postconsumer wastepaper.
(16) A Reporting Period h from January 1 through December 31 of
any given year.
(17) A shipment is defined as any quantity of newsprint, regardless of
mode of transportation, which is accompanied by an invoice, bill of lad-
ing, shipment order, purchase order, or other evidence of shipment. A
physical record for every shipment must be received by the company us-
ing the newsprint in its commercial printing or publishing operation.
(18) Supercalendered is a finish obtained by passing paper between
rolls of a supercalender under pressure. The resulting finish will vary de-
pending upon the raw material used in the paper and the pressure exerted
upon it, from that of the highest English finish to a highly glazed surface.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42750, 42753, 42754, 42755 and 42756, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tions 11 346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (b)(2), (b)(] 1) and
(b)(ll)(3) filed 11-17-2000 pursuant to section 100, title 1, California Code of
Regulations (Register 2000, No. 46).
§ 17954. Who Must Comply with These Regulations?
Who must comply with these regulations? You must comply with
these regulafions if you are:
1. A person, as defined by Public Resources Code section 40170, lo-
cated in California, or
2. A newsprint supplier who is a person, as defined above, who sup-
plies newsprint which will be used in Cahfomia, or
3. A newsprint manufacturer who is a person, as defined above, who
produces newsprint, which will be used in California.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42750, 42753 and 42772, Public Resources Code.
History
1 . New section filed 4-7-92: operative 4-7-92 pursuant to Government Code sec-
tion 11 346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending item 3. filed 1 1-17-2000 pursuant
to section 100, title 1 . California Code of Regulations (Register 2000, No. 46).
§ 1 7956. Who Must Certify?
These certificafion requirements apply to printers and publishers, lo-
cated in California, who use newsprint in their operations. Printing or
publishing operations located outside of California are not required to
comply with these regulations.
(a) Printer/Publisher Certification of Recycled-Content Newsprint
Use to the Board.
(1 ) If you own or operate a commercial printing establishment located
in California, you must annually submit to the Board a completed form
CIWMB 430 "Newsprint Consumer Certification" (1 1/00), which is in-
corporated herein by reference. (See Appendix A.) This form is due to
the Board on March 1 of each year.
(2) If you own or operate a commercial publishing operafion located
in California, which also owns or operates a commercial printing opera-
tion, you must annually submit a completed Newsprint Consumer Certi-
fication, form CIWMB 430 (1 1/00), to the Board.
(3) Any person owning or operafing more than one commercial print-
ing or commercial publishing operation in California may submit one
certification for all of its operations. All of the information required by
Secfion 17958(b) of this Article must be itemized for each establishment
included in the cerfification.
(4) If you own or operate a commercial printing operation located in
California, but do not do any printing, you are not required to submit a
Newsprint Consumer Certification, form CIWMB 430 (11/00), to the
Board.
(b) Supplier Certification of Recycled-Content Newsprint to Con-
sumers or other Suppliers.
If, at any fime during a year, you supply recycled-content newsprint
to commercial printers/publishers located in California, or to other
suppliers who may in turn supply such establishments, you must comply
with Section 17960 of this Article. Suppliers of newsprint are held ac-
countable for certification according to Section 1 7960, regardless of their
location.
(c) Manufacturer Certification of the Recycled-Content of its News-
print to the Board.
If you are a person manufacturing recycled-content newsprint for use
in California, you must submit a letter to the Board certifying the metric
tons of postconsumer wastepaper and/or deinked pulp received or pro-
duced at each of your mills producing recycled-content newsprint for use
in California during each reporting period. You must also certify to the
Board the metric tons of recycled-content newsprint, by grade, which
were produced at each of your mills that were shipped for use in Califor-
nia during each reporting period. This letter of certification will be due
on March 1 of every year for each reporting period (January 1 through
December 31).
(d) Manufacturer Certification of the Recycled-Content to Suppliers/
Consumers.
If you are a person manufacturing recycled-content newsprint for use
in California, you must certify that the newsprint you ship for use in Cali-
fornia is recycled-content newsprint.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42753, 42772, 42773, 42774 and 42775, Public Resources Code.
Page 781
Register 2004, No. 3; 1-16-2004
§ 17958
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 18).
2. Change without reguialoi^ effect amending subsections (a)(1), (2) and (4) filed
1-11 -94 pursuant to title 1 , section 1 00, California Code of Regulations (Regis-
ter 94, No. 2).
3. Amendment of subsections (a)(l)-(2) and (a)(4) filed 1-16-96; operative
2-15-96 (Register 96, No. 3).
4. Change without regulatory effect amending subsections (a)(l)-(2) and (a)(4)
filed 4-2-96 pursuant to section 100, title 1. California Code of Regulations
(Register 96, No. 14).
5. Change without regulatory effect amending subsections (a)( 1), (a)(2), and (a)(4)
filed 6-6-96 pursuant to section 100, title 1. California Code of Regulations
(Register 96. No. 23).
6. Change without regulatory effect amending subsections (a)( 1 ). (a)(2), (a)(4) and
(c) filed 9- 1 4-99 pursuant to section 1 00, title 1 , California Code of Reeulations
(Register 99, No. 38).
7. Change without regulatory effect amending section filed 1 1-17-2000 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2000, No. 46).
§ 17958. Newsprint Consumer Requirements.
(a) 1 am a consumer of newsprint. What must I do to comply with these
regulations? If you are a consumer of newsprint, to comply with these
regulations you must:
1. Satisfy the minimum recycled-content newsprint use requirements
in Table One below, and
2. Certify to the Board by March 1 of each year that you are meeting
these requirements. The first certification is due to the Board by March
1, 1992 for 1991 's use. Certification information is listed in subsection
(b) of this section.
TABLE ONE: RECYCLED-CONTENT
NEWSPRINT USE REQUIREMENTS
On and After Required Use
January 1, 1991 25 percent
January 1, 1994 30 percent
January 1, 1996 35 percent
January 1, 1998 40 percent
January 1 , 2000 50 percent
(b) I am a consumer of newsprint located in California. What informa-
tion must I send to the Board each year for my certification? By March
1 of each year, you must send the following information to the Board on
the Board-supplied Newsprint Consumer Certification Form #430
(11/00):
1. Your name, mailing address, physical address, and telephone num-
ber;
2. The total metric tons of newsprint not containing forty (40) percent
postconsumer fibers used during the preceding calendar year; and
Page 782
Register 2004, No. 3; 1-16-2004
Title 14
California Integrated Waste Management Board
§ 17964
3. The total in metric tons of recycled-content newsprint used during
the preceding calendar year;
(c) I am a consumer of newsprint. What records must I keep to comply
with these regulations? To comply with these regulations, consumers of
newsprint must keep:
1 . A copy of every shipment order, bill of lading, invoice, purchase or-
der, or other evidence of shipment,
2. A copy of the annual Newsprint Consumer Certification Form #430
(1 1/00), that you send to the Board, and
3. A copy of any supplier certification you have received.
(d) How long must consumers of newsprint keep the records required
by these regulations? You must keep the records for 3 years after the date
of the certification and make them available to the Board upon request.
NOTE; Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 42760, 42770 and 42782, Public Resources Code.
History
1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 11 346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b), repealer of subsection (b)(4) and amendment of
subsection (c)(2) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
3. Change without regulatory effect amending subsections (b) and (c)2. filed
9-1 4-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 99, No. 38).
4. Change without regulatory effect amending subsections (b), (b)2. (c) and (c)2.
Filed J 1-17-2000 pursuant to section 100,"title 1, California Code of Regula-
tions (Register 2000, No. 46).
§ 17960. Newsprint Supplier Requirements.
(a) I am a newsprint supplier. When I certify the metric tons of recy-
cled-content newsprint in every shipment to a consumer or other supplier
of newsprint, what information must I include? When you certify the
metric tons of recycled-content newsprint in every shipment to a news-
print consumer or supplier, you must include:
1. Your name, mailing address, and telephone number,
2. The name and physical address of the consumer or supplier to whom
you are sending the newsprint,
3. The name of the newsprint grade, and the date(s) of shipment,
4. Total in metric tons, by grade, of recycled-content newsprint
shipped, and
5. Total in metric tons, by grade, of newsprint containing less than for-
ty (40) percent postconsumer wastepaper shipped.
6. If a shipment contains no recycled-content newsprint, the supplier
shall so certify.
(b) I am a newsprint supplier who has supplied consumers or other
suppliers with recycled-content newsprint. What records must 1 keep to
comply with these regulations? You must keep the following records for
each shipment of newsprint you make to a consumer or other supplier of
newsprint:
1. The manufacturer's name, address, and mill of production for each
grade of newsprint received in each shipment,
2. The name and mailing address of the person from whom you re-
ceived each shipment prior to your supplying it to others,
3. The name and mailing address of the consumer or supplier to whom
you shipped the newsprint,
4. The name of the newsprint grade(s) supplied in each shipment, and
the dates of shipment,
5. Total, in metric tons, of each grade of newsprint containing less than
forty (40) percent postconsumer wastepaper contained in each shipment,
6. Total, in metric tons, of each grade of recycled-content newsprint
contained in each shipment, and
7. Copies of any certifications you send to consumers of newsprint, or
to other suppliers.
(c) As a newsprint supplier, how long must I keep the records required
by these regulations? If you are a newsprint supplier, you must keep re-
cords for 3 years after the date of each certification and make them avail-
able to the Board upon request.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42772 and 42780, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 11 346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (b)5.-7. filed
1 1-17-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 46).
§ 17962. Newsprint Manufacturer Requirements.
(a) 1 manufacture recycled-content newsprint, which is used in Cali-
fornia. What must I do to comply with these regulations? If you manufac-
ture recycled-content newsprint, which is used in California, you must:
( 1 ) Certify the metric tons of recycled-content newsprint contained in
each shipment made to consumers or suppliers, by grade, for use in Cali-
fornia. If a shipment contains no recycled-content newsprint, you shall
so certify.
(2) Certify to the Board by March 1 of each year the metric tons of post-
consumer waste paper and/or deinked pulp received or produced at each
ofyourinills producing recycled-content newsprint for use in California
during each reporting period.
(3) Certify to the Board by March 1 of each year the metric tons of re-
cycled-content newsprint, by grade, which were produced at each of
your mills, which were shipped for use in California, during each report-
ing period.
(b) As a manufacturer of recycled-content newsprint, what records
must I keep to comply with these regulations? If you are a recycled-cont-
ent newsprint manufacturer, you must keep copies of any certification
you send to suppliers, consumers, or the Board.
(c) As a manufacturer of recycled-content newsprint, how long must
I keep the records required by these regulations? You must keep the re-
cords for 3 years after the date of the certification and make them avail-
able to the Board upon request.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42772, 42780, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (a)-(a)(l ) and (c) filed
1 1-17-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 46).
§17964. Quality Standards.
(a) What quality standards does the recycled-content newsprint have
to meet? The Board shall establish the comparable quality standards,
which the recycled-content newsprint must meet.
(b) How will the Board set its comparable quality standards? In July
of each year, the Board will survey newsprint manufacturers who annual-
ly sell more than 5,000 metric tons of recycled-content newsprint for use
in California. The Board will request samples from each of these man-
ufacturers for each grade of recycled-content newsprint that they pro-
duce.
The Board will then conduct testing following the methods of the
Technical Association of the Pulp and Paper Industry (TAPPI), and will
establish the standards based on the results of the testing. The TAPPI Test
Methods T414, T452, and T425, 1986, are incorporated herein by refer-
ence, and listed in Table Two below. (See section (e) for additional infor-
mation about the TAPPI methods).
TABLE TWO: TAPPI TEST METHODS
Specification
Test Method
Units
Average of all brightness tests T452 Percent
Averageof all opacity tests T425 Percent
Average of all cross-machine tear strength tests T414 Grams
(c) The Board will use the following method to calculate the compara-
ble quality standard for each of the specifications in the newspaper news-
Page 783
Register 2000, No. 46; 11-17-2000
§ 17966
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
print and lightweight newsprint grades:
Sum of the lest results from samples submitted
by manufacturers
Number of manufacturers submittinff samples
Divide (!) by (2)
Multiply (3) by 0.98
(1)
(2)
(3)
(4)
The figure on line (4) is the minimum comparable quality standard for
these grades.
(d) The Board will use the following method to calculate the compara-
ble quality standard for each of the specifications in the supercalendered
and machine finished uncoated groundwood grades:
Sum of the test results from samples submitted
by manufacturers =
Number of manufacturers submitting samples =
Divide (1) by (2) =
Multiply (3) by 1.00 ^
(1)
(2)
(3)
(4)
The figure on line (4) is the minimum comparable quality standard for
these grades.
(e) Where can I find the TAPPI methods for sampling procedures, and
the test methods for brightness, printing opacity and cross-machine tear
strength? You can find the test methods (T4i4, T425, T452) in a book
called TAPPI Test Methods, Volumes 1 and 2, 1986, published by the
Technical Association of the Pulp and Paper Industry, P.O. Box 105113,
Atlanta, Georgia, 30348. TAPPI methods can also be found in the Annual
Book of the American Society of Testing Materials (ASTM) OM-87,
Volume 15.09, 1988.
(f) When will the Board make available the comparable quality stan-
dards? The Board will make available the comparable quality standards
by November 30 of each year.
(g) For what time period will these comparable quality standards ap-
ply? The comparable quaUty standards made available by November 30
of each year will apply throughout the following calendar year.
NOTE: Authority cited: Sections 40502 and 42775(a), Public Resources Code.
Reference: Section 42775(a) and (b). Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending subsections (a)-(b) filed
11-17-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 46).
§17966. Comparable Price.
How do 1 know if the price I have to pay for recycled-content news-
print is a comparable price? The price for a grade of recycled-content
newsprint is comparable if the quoted price for the recycled-content
newsprint is less than or equal to the quoted price for newsprint which is
not recycled-content newsprint. These price comparisons shall be gra-
de-specific and for similar quantities.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42760, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 18).
§ 1 7968. Availability Within a Reasonable Period of Time.
(a) How will I know if the delivery time promised by a newsprint man-
ufacturer or supplier for recycled-content newsprint is reasonable?
(1) A reasonable delivery time for recycled-content newsprint for a
commercial publisher shall be forty-five (45) calendar days.
(2) A reasonable delivery time for recycled-content newsprint for a
commercial printer shall be calculated by adding the delivery times in
days for all deliveries of newsprint of that grade received by the printer
in the prior 30 days, dividing the result by the number of deliveries, and
multiplying this result by 1.1. If the quoted delivery time is less than or
equal to the final result of your calculation, the quoted delivery time is
reasonable.
(b) What if I have not received a shipment of that grade of newsprint
in the previous 30 days? If you have not received a shipment of that grade
of newsprint within the last 30 days, add all the delivery times for the last
90 days for the calculation. If you have not received a shipment in the last
90 days, substitute delivery times of a comparable grade of newsprint and
complete the calculation.
(c) What if I have never received a shipment of that grade of newsprint
or any comparable grades? If you have never received a shipment of that
grade or any grade comparable, the recycled-content newsprint shall be
considered available within a reasonable period of time if the quoted de-
livery time does not prevent you from performing the job for which you
need the newsprint.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42760, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 18).
§17970. Auditing.
(a) Will the Board conduct audits of my certifications? The Board may
conduct audits of your certifications. The Board may either ask you for
additional information, or the Board may conduct an on-site audit.
(b) How will the Board conduct a request for additional information?
To get the information, the Board will send you a request by certified
mail. The Board will list the inforination the Board needs and explain
why the Board needs the information. You will have thirty days to supply
the information.
(c) How will the Board conduct an on-site audit? If the Board decides
to audit your records to determine compliance with the statutory require-
ments, either Board staff or an auditor will conduct the audit. The Board
will send you the results within thirty days of the date on which the audit
was performed.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42771, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 18).
§17972. Failure to Meet Goals.
(a) I am a consumer of newsprint. What happens if I cannot meet the
recycled-content newsprint use requirements for any reporting period?
If you cannot meet the recycled-content newsprint use requirements for
any reporting period, you must give the specific reasons why you did not
meet them when you file your certification for that reporting period.
There are only three acceptable reasons, pursuant to Public Resources
Code section 42773, for not meeting the recycled-content newsprint use
requirements:
1. The recycled-content newsprint did not meet the quality standards
established by the Board as defined in Section 17964 of this Article;
2. The recycled-content newsprint was not available at a comparable
price, as defined in Section 17966 of this Article, to that for newsprint
which is not recycled-content newsprint; or
3. The particular grade of recycled-content newsprint would not have
been available in a reasonable time as defined in Section 17968 of this
Article.
(b) I was not able to meet the recycled-content newsprint use require-
ments for a reporting period. In my certification, I am going to use one
of the reasons listed above to explain why I did not meet the requirements
for recycled-content newsprint use. What steps do I have to take to make
this certification in good faith? To make this certification in good faith,
you must provide documentation, as described in Public Resources Code
section 42773, showing that you contacted newsprint suppliers for the
purpose of obtaining recycled-content newsprint. You must hst all news-
print suppliers with whom you had purchase discussions, or producers
that offered to sell you recycled-content newsprint within the preceding
twelve months, on the Board supplied Newsprint Consumer Certification
Form #430 (11/00).
(c) I was not able to meet the recycled-content newsprint use require-
ments for a reporting period. What records do I have to keep to document
my claim?
Page 784
Register 2000, No. 46; 11-17-2000
Title 14
California Integrated Waste Management Board
§ 17976
J. If you claim that you did not meet the recycled-content newsprint
use requirements because recycled-content newsprint was not available
at a comparable price to newsprint which is not recycled-content news-
print, you must keep invoices for the newsprint you purchased for your
use and copies of the quoted prices which you received for recycled-
content newsprint during that particular reporting period.
2. If you claim that you did not meet the recycled-content newsprint
use requirements because the recycled-content newsprint did not meet
the comparable quahty standards during a particular reporting period, it
is your responsibility to document your claim. Examples of documenta-
tion include, but are not limited to:
(i) Technical specifications or a letter of certification from the man-
ufacturer of that newsprint demonstrating that the newsprint does not
meet the quality standards, or
(ii) A letter of notification to the Board within two days of the date you
conclude that the use requirements will not be met. The Board may con-
duct TAPPl tests, identified in section 17964 — Table Two of this Article,
to assist you in substantiating your claim. If testing is required, the Board
shall inform you of proper shipping and handling procedures for the sam-
ples based on the provisions of the particular test to be used.
3. If you are a commercial publisher, and you claim that a grade of re-
cycled-content newsprint was not available within a reasonable period
of time during a particular reporting period, you must keep copies of the
quoted delivery times which you are claiming were unreasonable.
If you are a commercial printer, and you claim that a grade of recy-
cled-content newsprint was not available within a reasonable period of
time during a particular reporting period, you must keep copies of the cal-
culations used to establish your reasonable delivery time for that grade
of newsprint and the quoted delivery times which you are claiming were
unreasonable.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 42760 and 42773, Public Resources Code.
History
1 . New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion II 346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b) filed 1-16-96; operative 2-1 5-96 (Register 96,
No. 3).
3. Change without regulatory effect amending subsection (b) filed 9-14-99 pur-
suant to section 100, title 1, California Code of Regulations (Register 99, No.
38).
4. Change without regulatory effect amending subsections (a)2., (b) and (c)-(c)l .
filed 1 1-17-2000 pursuant to secfion 100, title 1, California Code of Regula-
tions (Register 2000, No. 46).
§17974. Penalties.
What can happen to me if I make a false or misleading certification or
I do not comply with the statutory requirements?
(a) Any person who does not comply with the statutory requirements
for this program may be found guilty of an infraction, and/or may be sub-
ject to civil penalties. The Board may assess civil penalties of up to
$1 ,000 per violation, subject to notice and hearing.
(b) Late filers and non-filers of Newsprint Consumer Certifications
(Form 430) shall be subject to the graduated penalty structure below:
1. Any Consumer of Newsprint who files a certification at least 45
days late will be assessed a $500 civil penalty.
2. Any Consumer of Newsprint who files a certification more than 90
days late and/or fails to file will be assessed a $1,000 civil penalty.
(c) Any civil penalties assessed against a late or non-filer of the Form
430 shall be assessed by the Executive Director.
(d) A Consumer of Newsprint may appeal the penalty assessed above
to the full Board within ten (10) working days of receipt of the Notice of
Penalty. This appeal must be made in writing and must be addressed to
the Executive Director of the Board. The Executive Director shall calen-
dar the appeal for hearing by the Board within thirty (30) days of receipt
of the written notification by the Consumer of Newsprint.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 42790 and 42791, Public Resources Code.
History
1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 18).
2. Change without regulatory effect amending form filed 1-1 1-94 pursuant to title
1, section 100, California Code of Regulations (Register 94, No. 2).
3. Amendment of forms filed 1-16-96; operative 2-15-96 (Register 96. No. 3).
4. Change without regulatory effect moving form to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
5. Amendment filed 12-22-99; operative 1-21-2000 (Register 99, No. 52).
Article 5.
Recycled Content Trash Bag
Program
§ 17975. Regulatory Effect of Questions and Answers.
(a) What is the regulatory effect of the questions and answer format?
Both the question and answer in each section have regulatory effect for
purposes of implementation and enforcement. In addition to the regula-
tions in this Article, statutory provisions contained in Sections 42290
through 42297 of the Public Resources Code (PRC) govern the Recycled
Content Trash Bag Program.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Section 42291, Public Resources Code.
History
1 . New article 5 and section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-24-95; operative 3-24-95 pursuant
to Government Code secfion 1 1343.4(d) (Register 95, No. 12).
§ 17976. Purpose and Definitions.
(a) What is the purpose of these regulations? These regulations ex-
plain the requirements for each manufacturer and wholesaler of trash
bags and each supplier of recycled plastic postconsumer material
(RPPCM) which is used to manufacture trash bags which are intended for
sale or distribution in California. Also included are procedures manufac-
turers and wholesalers of trash bags and suppliers of recycled plastic
postconsumer material (RPPCM) must follow to meet reporting and cer-
tification requirements. These regulations pertain to plastic trash bags
which are intended for sale or distribution, or which are sold within Cali-
fornia to recycled plastic postconsumer material (RPPCM) used to man-
ufacture plastic trash bags which are sold or intended for sale or distribu-
tion in California and other plastic products manufactured by a plastic
trash bag manufacturer intended for sale in California.
(b) Definitions. The following definitions, and the definitions found
in Public Resources Code section 42290 apply to the regulations in this
Article.
(1) "Actual postconsumer material (APCM)" means the weight, in
pounds, of the postconsumer material used in a feedstock to manufacture
trash bags. For example, the weight of actual postconsumer material in
1000 pounds of 100% postconsumer material feedstock would be 1000
pounds. However, the weight of APCM in 1000 pounds of resin blended
from 70% postconsumer material and 30% non-postconsumer material
would be 700 pounds (1000 x 0.70 = 700).
(2) "Annual aggregate use" is the sum of all actual postconsumer ma-
terial (APCM) used to manufacture plastic products, either just the plas-
tic trash bags or all of a manufacturer's plastic products that are used as
a basis for compliance pursuant to section 17979. For example, if the
manufacturer chooses section 17979(a)(1)(A)] to show compliance, and
if 10 million pounds of regulated trash bags are intended for sale in Cali-
fornia, at least 1 million pounds APCM must be used to manufacture
plastic trash bags intended for sale in California during that reporting pe-
riod. Furthermore, the APCM may be used in some plastic trash bags and
not in others so long as the cumulative use of APCM in plastic trash bags
intended for sale in California exceeds 1 million pounds for the reporting
period. If the manufacturer uses section 17979(a)(l)(A)2 to show com-
pliance and 10 million pounds of regulated trash bags and 90 million
pounds of other plastic products were manufactured and intended for sale
in California, at least 30 miUion pounds (0.30 x (10-1-90) = 30) APCM
Page 785
Register 2002, No. 6; 2-8-2002
§ 17977
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
must be used to manufacture all of those products during that reporting
period.
(3) "Authorized certification signature'' means the signature of any
one of the following persons who has been designated by the entity to
sign a certification on its behalf:
For a corporation — A responsible corporate officer or manager autho-
rized to make management decisions which govern the operation of the
certifying facility.
For a partnership or sole proprietorship — The general partner or sole
proprietor.
For a government agency — Either the principal executive officer or a
designated elected official who is authorized to obligate the entity for
purposes of this certification.
(4) "The Board" means the California Integrated Waste Management
Board.
(5) "Manufacturer" means a person who manufacturers plastic trash
bags for sale in this state. This includes persons who produce plastic trash
bags or convert plastic film into trash bags for sale in this state.
(6) "May" means a provision is permissive.
(7) "Must" means a provision is mandatory.
(8) "Plastic trash bag" means a bag that is manufactured for intended
use as a container to hold, store, or transport materials to be discarded,
composted, or recycled, including, but not limited to, garbage bags, com-
posting bags, lawn and leaf bags, can-liner bags, kitchen bags, compac-
tor bags, and recycling bags.
A plastic trash bag does not include a grocery sack or any other bag that
is manufactured for intended use as a container to hold, store, or transport
food.
A plastic trash bag does not include any plastic bag that is used for the
purpose of containing either of the following wastes:
(a) "Hazardous waste," as defined in Section 251 17 of the Health and
Safety Code.
(b) "Medical waste," as defined in Section 25023.2 of the Health and
Safety Code.
(9) "Postconsumer material" means a finished product which would
normally be disposed of as a solid waste, having completed its intended
end-use and product life cycle. "Postconsumer material" does not in-
clude manufacturing and fabrication scrap.
(10) "Proximate prior usage" means the collected finished product
which the postconsumer material was derived from prior to its being pro-
cessed into recycled plastic postconsumer material for use in a recycled
content trash bag. For example, the proximate prior usage of the postcon-
sumer material may have been, dry-cleaner bags, grocery or produce
bags, agricultural film, or stretch wrap.
(11) "Recycled plastic postconsumer material (RPPCM)" means a
plastic feedstock which is used to manufacture trash bags which contain
postconsumer material. RPPCM may contain any amount (1-100%) of
postconsumer material; however, compliance will be determined based
on the APCM content of the trash bags.
(12) "Regulated bags" means plastic trash bags, as defined, intended
for sale in California, which are at or above 0.70 mil thickness.
(13) "Reporting Period" is from January 1 through December 31 of
any calendar year.
(14) A "shipment" is defined as any quantity of trash bags or recycled
plastic postconsumer material, regardless of mode of transportation,
which is accompanied by an invoice, bill of lading, shipment order, or
other evidence of shipment.
(15) A "Supplier" means any person who provides recycled plastic
postconsumer material (RPPCM) to a manufacturer of plastic trash bags.
(16) "Wholesaler" means any person who purchases plastic trash bags
from a manufacturer for resale in this state. This includes all persons who
sell or resell regulated plasfic trash bags to retailers, distributors, com-
mercial or industrial users, or governmental entities in California.
NOTE: Authority cited: Section 40502 and 42297, Public Resources Code. Refer-
ence: Sections 42290 and 42291, Public Resources Code.
History
1. New section tiled 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and NOTR filed 3-24-95; operative 3-24-95 pursuant
to Government Code section 1 1343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-1 1-99 pursuant to
section 100, utle 1, California Code of Regulations (Register 99, No. 11).
§ 17977. Who Must Comply With These Regulations?
(a) Who must comply with these reguladons? You must comply with
these regulations if you are:
(1) A manufacturer or wholesaler of regulated trash bags, or
(2) A supplier of RPPCM who sells material to a manufacturer of regu-
lated trash bags.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42290, 42291 , 42292, 42293 and 42294, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)(l)-(2) and Note filed 3-24-95; operafive
3-24-95 pursuant to Government Code section 11 343.4(d) (Register 95, No.
12).
3. Change without regulatory effect amending subsection (a)(2) filed 3-1 1-99
pursuant to section 1 00, title I , California Code of Resulations (Register 99, No.
11).
§ 1 7978. Who Must Certify?
Trash bag manufacturers and wholesalers of trash bags must certify
annually to the Board on Board-supplied form CIWMB 57 "Plastic
Trash Bag Manufacturer Cerufication" and form CIWMB #58 "Plastic
Trash Bag Wholesaler Certification", respectively, which are described
in Sections 1 7979 and 1 7979.5, and which are incorporated herein by ref-
erence. Suppliers of RPPCM must certify annually to the regulated trash
bag manufacturers to whom they sell material. The supplier certificaUon
form will not be provided by the Board.
(a) Annual Aggregate Certification Requirements for Manufacturers
of Trash Bags —
If you are a manufacturer of regulated trash bags, you must comply
with the requirements described in Public Resources Code (PRC) sec-
uons 42291 , 42292 and 42293. You must annually submit to the Board
a completed Trash Bag Manufacturer Certification Form #57 on or be-
fore March 1 (to cover the preceding reporting period) of each year.
(b) Certification Requirements for Wholesalers of Trash Bags —
If you are a wholesaler of trash bags, you must comply with the re-
quirements described in PRC section 42294. You must annually submit
to the Board a completed Wholesaler of Trash Bag Certification Form
#58 on or before March 1 (to cover the preceding reporting period) of
each year.
(c) Certification Requirements for Suppliers of RPPCM —
If you are a supplier of RPPCM who sells material to a manufacturer
of regulated trash bags, you must annually provide each manufacturer
with the information described in PRC section 42292 and in Section
17980 of this Article. This report is due to each regulated trash bag man-
ufacturer to whom you supplied RPPCM by February 1 , (to cover the pre-
ceding reporting period) of each year.
Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42290, 42291, 42292 and 42293, Public Resources Code.
History
1 . New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of first paragraph and subsection (a), new subsection (b), subsec-
tion relettering, and amendment of newly designated subsection (c) and Note
filed 3-24-95; operative 3-24-95 pursuant to Government Code section
11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending first paragraph filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 1 1).
§ 17979. Requirements for Manufacturers of Regulated
Trash Bags.
(a) Manufacturers of Regulated Trash Bags —
( 1 ) I am a manufacturer of regulated trash bags. What must I do to com-
ply with these regulations? To comply with these regulations, you must:
Page 786
Register 2002, No. 6; 2-8-2002
Title 14
California Integrated Waste Management Board
§ 17979.5
(A) Certify to the Board by March 1 ofeach year one of the following:
1. That you met the annual aggregate use requirements that plastic
trash bags intended for sale in California contained APCM equal to at
least 10 percent by weight of the regulated trash bags.
2. That you met the annual aggregate use requirement that 30 percent
of the weight of the material used in all of your plastic products intended
for sale in California is APCM.
3. Were exempt from meeting the requirements because all of the regu-
lated trash bags you sold in California during the previous reporting peri-
od were either:
i. below the minimum gauge standard, or were
ii. hazardous or medical waste bags, or were
iii. non-plastic trash bags.
(B) Provide information upon request to anyone who purchases your
trash bags and who must comply with these regulations, that will enable
the purchaser to fulfill its certification requirements.
(C) Inform suppliers of RPPCM that the RPPCM being purchased will
be reported on a certification to the Board in compliance with these regu-
lations.
(2) I am a manufacturer of regulated trash bags. What information
must I send to the Board each year in my certification?
On or before March 1 ofeach year you must send the following infor-
mation to the Board for the preceding reporting period in your Trash Bag
Manufacturer Certification Form #57:
(A) Identification —
Your company name, headquarters mailing address, every physical
address where regulated trash bags were manufactured, contact person,
and telephone number.
(B) Certification Information —
1. Total number of plastic trash bags intended for sale in California,
2. Total tons of plastic trash bags intended for sale in California,
3. Total tons of actual postconsumer material used to manufacture all
plastic trash bags intended for sale in California, if claiming compliance
through section 17979(a)(l)(A)l,
4. Total number of regulated trash bags intended for sale in California,
5. Total tons of regulated trash bags intended for sale in California, if
claiming compliance through section 17979(a)(l)(A)l,
6. Total tons of material used to manufacture all plastic products in-
tended for sale in California, if claiming compliance through section
r7979(a)(l)(A)2,
7. Total tons of APCM used to manufacture all plastic products in-
tended for sale in California, if claiming compliance through section
r7979(a)(])(A)2,
8. A description of any minimum recycled content mandate(s) of any
other local, state, or federal government agencies with which you are re-
quired to comply, and the total tons of APCM used to comply with these
mandates.
9. The number of regulated trash bags and the tons of regulated trash
bags which originated from each physical location from which the man-
ufacturer shipped regulated trash bags,
10. If you produce your own RPPCM, total tons of RPPCM produced
during the reporting period, and, for each location where RPPCM is pro-
duced: tons of RPPCM, APCM content of RPPCM, and proximate prior
usage of APCM,
11. The name and physical location ofeach supplier of RPPCM,
1 2. The quantity and proximate prior usage of, and the actual postcon-
sumer material content of, RPPCM purchased for use in regulated trash
bags, and
13. A list of any company(ies) to whom you sold RPPCM during the
previous reporting period.
(C) Accompanying Documentation
Accompanying documentation, such as, results of an independent au-
dit or certification program regarding your regulated trash bags or the
RPPCM you purchased, may be attached.
(D) If applicable — Manufacturer's Justification of Non-compliance
If a manufacturer of regulated trash bags is unable to obtain sufficient
amounts of RPPCM because the material did not meet the quality stan-
dards established by the Board or the RPPCM was not available within
a reasonable period of time, the manufacturer shall so certify. The infor-
mation required to make such claims is identified in Sections 17980.5,
17981, J7982 and/or 17983, and 17983.5 of this Article, as applicable.
Additional recordkeeping requirements regarding such claims are in
Sections 17982 and/or 17983 of this Article.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Refer-
ence: Sections 42291, 42292 and 42293, 42298, Public Resources Code.
History
1 . New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-24-95; operative
3-24-95 pursuant to Government Code section 1 1343.4(d) (Register 95, No.
12).
3. Change without regulatory effect amending subsection (a)(l)(A)l . Table One
and Note filed 5-1 7-96 pursuant to section 100, title 1 , California Code of Reg-
ulations (Register 96, No. 20).
4. Change without regulatory effect amending section filed 3-11-99 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 99, No. 11).
5. Change without regulatory effect amending subsections (a)(2), (a)(2)(B)] 0. and
(a)(2)l:B)12. filed 1 1-17-2000 pursuant to section 100, title 1, California Code
of Regulations (Register 2000, No. 46).
6. Change without regulatory effect amending subsections (a)(])(A)2. and
(a)(2)(B)l 3. filed 2-4-2002 pursuant to section 1 00, title 1 , California Code of
Regulations (Register 2002, No. 6).
§ 17979.1. Recycled Plastic Postconsumer Material That
Cannot Be Used for Compliance.
Any certification of RPPCM used for compliance with these require-
ments shall not include any materials that are certified or used for com-
pliance with any other California or federal requirement that requires the
use or reporting of RPPCM for plastic products.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Refer-
ence: Section 42290.5, Public Resources Code.
History
1 . Change without regulatory effect adding new section filed 3-1 1-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 11).
2. Change without regulatory effect amending section heading filed 1 1-17-2000
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2000,
No. 46).
§ 17979.3. Exemption For Trash Bags Using Adhesive,
Heat Affixed Straps; Petition for Variance.
NOTE: Authority cited: Sections 40502, 42297 Public Resources Code. Refer-
ence: Section 42298, Public Resources Code.
History
1. Change without regulatory effect adding new section filed 5-17-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 20).
2. Amendment filed 5-15-97; operative 5-1 5-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 20).
3. Change without regulatory effect repealing section filed filed 3-1 1-99 pursuant
to section 100, title 1, California Code of Regulations (Register 99, No. II).
§ 17979.5. Requirements for Wholesalers of Regulated
Trash Bags.
(a) Wholesalers of Regulated Trash Bags — Wholesalers of regulated
trash bags who are not also manufacturers of trash bags shall be guided
by the following provisions:
(1 ) I am a wholesaler of regulated trash bags who is not also a manufac-
turer of trash bags. What information must I send to the Board each year
in my certification? On or before March 1 of each year, you must send
the following information to the Board for the preceding reporting period
on your Trash Bag Wholesaler Certification Form #58:
(A) Your company name, headquarters mailing address, every physi-
cal address from which regulated trash bags were shipped, telephone
number, and contact person,
(B) A list ofeach manufacturer and each other wholesaler from whom
you purchased regulated trash bags during the previous reporting period,
and,
(C) The number of regulated trash bags and the tons of regulated trash
bags shipped from each physical location which were intended for sale
or distribution or sold in California for which you are certifying.
Page 787
Register 2002, No. 6; 2-8-2002
§ 17980
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) 1 am a wholesaler of regulated trash bags who is not also a manufac-
turer of regulated trash bags. Must I provide information to other whole-
salers regarding the trash bags 1 sell? Yes, you must provide information
upon request to any wholesaler to whom you sell regulated trash bags and
who must comply with these regulations. The information must enable
the wholesaler to fulfill its certification requirements.
(A) You must also inform manufacturers and wholesaler of regulated
trash bags that the trash bags being purchased will be reported on a certifi-
cation to the Board in compliance with these regulations.
NOTE; Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42290, 4229 1 , 42292. 42293 and 42294, Public Resources Code.
History
1. New section filed 3-24-95; operative 3-24-95 pursuant to Government Code
section 11343.4(d) (Register 95. No. 12).
2. Change without regulatory effect amending subsection (a)(1) filed 3-11-99
pursuant to section 100, title 1. California Code of Resulations (Register 99. No.
II).
§ 17980. Requirements for Suppliers of Recycled Plastic
Postconsumer Material (RPPCM) for Use in
Regulated Trash Bags.
(a) 1 am a supplier of RPPCM who has sold material to a manufacturer
of regulated trash bags who is required to comply with these regulations.
What must 1 do to comply with these regulations?
To comply with these regulations you must:
Provide each regulated trash bag manufacturer with a statement identi-
fying:
(1) the quantity and proximate prior usage of RPPCM sold for use in
the regulated trash bags sold to the manufacturer,
(2) the actual postconsumer material (APCM) content of RPPCM sold
for use in the regulated trash bags sold to the manufacturer, and
(3) any other information required of the manufacturer by the Board
for the purposes of inclusion in the annual certification to the Board.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42292 and 42293, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section heading, subsection (a) and Note, repealer of subsec-
tions (a)(])-(4), and new subsections (a)(l)-(3) filed 3-24-95; operative
3-24-95 pursuant to Government Code section 1 1343.4(d) (Reeister 95, No.
12).
3. Change without regulatory effect amending section heading and section filed
.3-1 1 -99 pursuant to section 1 00. title 1 , California Code of Regulations (Regis-
ter 99, No. 11).
§ 17980.5. What If I Determine During A Reporting Period
That I Cannot Meet The Recycled Plastic
Postconsumer Material (RPPCM) Content
Requirements?
(a) 1 am a manufacturer of regulated trash bags. Will the Board provide
me with any assistance if I determine, during a reporting period, that I
may not or cannot meet the RPPCM content requirement? If at any time
during a reporting period, you determine you may not meet the RPPCM
content requirement, you must contact the Board within ten (10) calendar
days of making the determination. The Board will supply you with infor-
mation regarding additional suppliers of RPPCM. Following receipt of
the information from the Board, you are required to make a good-faith
effort to purchase RPPCM to meet the use requirement from each suppli-
er on the Board-provided list. A good-faith effort must be made with
each supplier on the Board's list, in addition to those suppliers you have
done business with or are otherwise aware of prior to making the certifi-
cation in Section 17981.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42290, 42291, 42292 and 42293, Public Resources Code.
History
1 . New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and Note filed 3-24-95; operative 3-24-95 pursuant
to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed
3-1 1-99 pursuant to section 100. title 1 , California Code of Regulations (Resis-
ter99. No. 11).
§ 17981. Failure To Meet Recycled Plastic Postconsumer
Material (RPPCM) Content Requirements.
(a) I am a manufacturer of regulated trash bags. What must! do if 1 do
not meet the regulatory requirements for any reporting period? If you are
unable to obtain sufficient ainounts of RPPCM within any reporting peri-
od because (1 ) it did not meet the RPPCM quality standards promulgated
by the Board or (2) it was not available within a reasonable period of time,
you inust certify that fact to the Board.
(b) Must 1 provide documentation if I am requesting an exemption due
to the lack of availability or due to the low quality of RPPCM? Yes, re-
quired documentation to support as claim for a quality exemption may
be found in Section 17982(0 and required documentation to support a
claim for an availability exemption inay be found in Section 17983(b).
(c) Must records be kept to document a claim? Yes, records must be
kept to assist you in documenting your certification. (See Section
17983.5 of this Article).
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42290, 42291, 42292 and 42293, Public Resources Code.
History
1 . New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsection (a), new subsection (b), subsection relettering, and
amendment of newly designated subsection (c) and Note filed 3-24-95; opera-
tive 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95,
No. 12).
3. Change without regulatory effect amending section heading and section filed
3-1 1 -99 pursuant to secfion 100, title 1 , California Code of Regulations (Regis-
ter 99, No. 11).
§ 17982. Minimum Recycled Plastic Postconsumer
Material (RPPCM) Quality Standards.
(a) What are the Board's minimum recycled plastic postconsumer ma-
terial quality standards for regulated trash bags? The following recycled
postconsumer plastic material quality standards have been developed by
the Board for regulated trash bags. The Board will make available the
quality standards by December 31 of each year and they will apply for
a maximum of two years. The test methods to be used by the Board to
determine whether the standards are being met are included with each
characteristic, whenever applicable. These minimum specifications are
for the plastic RPPCM blended with a minimum of thirty percent (30%)
APCM.
(1) Moisture:
Test Method:
(2) Contamination:
Test Method:
(3) Pellet uniformity:
Test Method:
(4) Specific gravity:
Test method:
750 parts per million (ppm) maximum.
ASTM D-4019-88 or equivalent method.
A specification mutually agreed upon by the
trash bag manufacturer and supplier of RPPCM.
A test method mutually agreed upon by the trash
bag manufacturer and supplier of RPPCM.
The total number of pellets in a one gram
sample must not vary more than ten percent
(-1-/- 10%) from the average number for five
samples.
A simple count.
Resin must be within one percent (+/- 1%) of
a specific gravity mutually agreed upon by the
trash bag manufacturer and resin manufacturer.
ASTM D-792-91, ASTM D-1 505-90 or
equivalent.
Page 788
Register 2002, No. 6; 2-8-2002
Title 14
California Integrated Waste Management Board
§ 17983
(5) Melt Index: HOPE base resin - 0.25-0.85
LDPE base resin - 0.25-2.5
LLDPE base resin - 0.5-2.5, and
the melt index must not vary by more than
fifteen percent (+/- 15%) within a shipment,
and it must be within thirty percent (+/- 30%)
from shipment to shipment over the length of
the contract.
Test method: ASTM D- 1238-88, or equivalent.
The ASTM test methods D^Ol 9-88: Standard Test Method for Mois-
ture in Plastics By Coulometry, D-792-91: Standard Test Methods for
Density and Specific Gravity (Relative Density) of Plastics By Displace-
ment, D-1 505-90: Standard Test methods for Density of Plastics by the
Density-Gradient Technique, D-1 238-88: Standard Test methods for
Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated
herein by reference.
(b) Where can I find the ASTM test methods? You can find ASTM test
methods in the annually updated book called Annual Book of ASTM
Standards, (ASTM) Section 8, Volume 08.01, published by the Ameri-
can Society for Testing and Materials, 1919 Race Street, Philadelphia,
PA 19103-1187, the noted sections of which are herein incorporated by
reference. All ASTM tests must be performed with the most recently ap-
proved methods. The non-ASTM test methods have yet to be standard-
ized or are self-evident.
(c) What if a mutually agreeable specification cannot be reached be-
tween buyer and seller of the RPPCM? If a mutually agreed upon specifi-
cation cannot be reached in good faith, the trash bag manufacturer must
purchase and use RPPCM which meets any past or present specification
for RPPCM that the manufacturer has previously used to purchase mate-
rial.
(d) What if an equivalent test method is mutually agreed upon between
buyer and seller of RPPCM and the RPPCM for sale does not pass the
test? As long as the equivalent test method was mutually agreed upon by
buyer and seller, an exemption claim based upon the failure to purchase
the material will be accepted and evaluated by Board staff. If, however,
an equivalent lest method is not agreed upon, or problems arise with the
test method after an agreement is reached, a trash bag manufacturer may
not make a certification pursuant to Section 17981 based on the failure
to purchase the material for which the test method was inadequate.
(e) What if a trash bag manufacturer produces its own RPPCM? If a
trash bag manufacturer produces enough RPPCM to meet the RPPCM
use requirement, the manufacturer may not claim an exemption. If, how-
ever, the manufacturer can produce only a portion of the RPPCM it needs
to comply with the requirements of this program, the manufacturer may
file a request for a exemption if the failure to meet the use requirement
was due to the quality or availability of the RPPCM offered for sale.
(f) I wish to certify that I was not able to meet the regulatory require-
ments because the RPPCM available to me did not meet the Board' s qual-
ity standards. What must I do to make this certification? For each ship-
ment or sample of RPPCM you rejected or refused to purchase on the
basis that it did not meet the Board's minimum RPPCM quality stan-
dards, it is your responsibility to document your claim. Required docu-
mentation includes all of the following, but is not solely limited to these
items:
(1) The list of the suppliers of RPPCM with whom you had purchase
discussions after you realized that you might not meet the regulatory re-
quirements,
(2) Any and all specifications and test methods which were mutually
agreed upon between you and your RPPCM suppliers,
(3) Independent test results, product specifications, a letter of certifi-
cation, or other documentation from each supplier of RPPCM you re-
jected or refused to purchase on the basis that it did not meet the Board's
minimum RPPCM quality standards, demonstrating that the material
does not meet the quality standards,
(4) Performance of ASTM tests, identified in Section 17982(a) of this
Article, may be conducted by the Board to assist you in substantiating
your claim. If testing is to be done, the Board shall inform you of proper
shipping and handling procedures for samples based on the provisions of
the particular test to be used,
(5) A written explanation describing the circumstances leading to your
decision to reject or refuse to purchase every sample or shipment of re-
jected or refused RPPCM, and,
(6) A written explanation from the supplier of any sample or shipment
of RPPCM describing the quality of the particular material which was re-
jected or refused by you.
(g) Will the Board periodically review its RPPCM quality standards?
Yes, the Board will review its RPPCM quality standards whenever the
Board determines it is necessary. The standards will be reviewed at least
once every two years until the year 2000.
NOTE; Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Sections 42291, 42295 and 42297, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(2) and (a)(4)-(b), new subsections (c)-(e),
subsection relettering, and amendment of newly designated subsections (f)-(g)
and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed
3-1 1 -99 pursuant to section 100, title I, California Code of Regulafions (Regis-
ter 99, No. 11).
§ 17983. Availability Within a Reasonable Period of Time.
(a) What is a reasonable period of time for shipment of RPPCM? The
RPPCM shall be considered available within a reasonable period of time
if the quoted shipment time will not prevent you from manufacturing the
regulated trash bags with RPPCM or the shipment of RPPCM will arrive
within sixty (60) days of the RPPCM order date.
(b) I must certify that I was not able to meet the regulatory require-
ments because RPPCM was not available to me within a reasonable peri-
od of time. What records must I keep to document my certification? If
you claim that you did not meet the regulatory requirements because
RPPCM was not available within a reasonable period of time, it is your
responsibility to document each claim. Required documentation for each
claim includes, but is not limited to, all of the following:
( 1 ) Copies of your production schedule indicating the date the RPPCM
was needed to maintain your production of regulated trash bags,
(2) The quoted shipment times that you are claiming were unreason-
able, order date, and quoted delivery date,
(3) RPPCM storage inventory at the regulated trash bag manufactur-
ing facility where the material was to be shipped indicating the material
was not otherwise available,
(4) The volume of RPPCM requested in the order,
(5) A written explanation describing the circumstances contributing to
your need to claim an exemption based on the availabihty of RPPCM,
(6) A written explanation from the supplier of RPPCM describing the
availability of the particular material at the time of your negotiations,
and,
(7) Additional facts to substantiate that the volume ordered and the
timeframe for delivery that were requested were reasonable under nor-
mal business practices.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Refer-
ence: Sections 42291, 42295 and 42297, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (b) and (b)(4), new subsections (b)(5)-(6), subsec-
tion renumbering, and amendment of Note filed 3-24-95; operative 3-24-95
pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-1 1-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 11).
Page 789
Register 2008, No. 18; 5-2-2008
§ 17983.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. Change without regulatory effect amending subsection (b)(2) filed 11 -17-2000
pursuant to section 100, title 1 , Cahfornia Code of Regulations (Register 2000,
No. 46).
§ 17983.5. Recordkeeping Requirements.
(a) 1 am a manufacturer or wholesaler of regulated trash bags. What
records must I keep to comply with these regulations? To comply with
these regulations, you must keep:
( 1 ) A copy or record of every shipment order, bill of lading, or other
evidence of shipment of regulated trash bags you sold to a retailer, dis-
tributor, wholesaler, broker, commercial or industrial user, or govern-
mental entity,
(2) A copy or record of every shipment order, bill of lading, or other
evidence of shipment of regulated trash bags you purchased from a man-
ufacturer or wholesaler of trash bags,
(3) A copy or record of every shipment order, bill of lading, or other
evidence of shipment of RPPCM you purchased or that you sold to anoth-
er trash bag manufacturer which identifies the APCM contained in the
RPPCM,
(4) A copy or record of any documentation you are using to verify a
claim for an exemption based upon your assertion that the RPPCM did
not meet the quality standards or was not available within a reasonable
period of time,
(5) A copy of every annual Certification Form #57 or #58 sent to the
Board,
(6) A copy of every certification, or other legal document, required by
other local, state, or federal government agencies to satisfy minimum re-
cycled content mandates for trash bags or other plastic products,
(7) A certification, or other legal document, with an authorized certifi-
cation signature, as defined in Section 17976(b)(3) of this Article from
each supplier of postconsumer material identifying the material as post-
consumer material as defined by PRC section 41 970(c), and the quantity
purchased during the preceding calendar year.
(8) A copy of each statement received from a supplier of RPPCM iden-
tifying the quantity and proximate prior usage of, and the actual postcon-
sumer material content of each shipment of RPPCM purchased and any
other information the Board requires for purposes of inclusion in the an-
nual certification, and,
(9) Any mutually agreed upon quality standard or delivery time for
RPPCM.
(b) I am a supplier of RPPCM. What records must I keep to comply
with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other
evidence of shipment of RPPCM you sold to a manufacturer of regulated
trash bags,
(2) A copy or record of every shipment order, bill of lading, or other
evidence of shipment of postconsumer material obtained from a hauler,
collector, other RPPCM supplier, or collection program.
(3) A certification, or other legal document, signed by a person of au-
thority, from each supplier of postconsumer material identifying the ma-
terial as postconsumer material as defined by PRC section 41970(c).
(4) A copy of every annual Certification Form #57 or #58 sent to the
Board, or other report or certification sent to a manufacturer of regulated
trash bags, and,
(5) A copy of each statement required to accompany each type of
RPPCM sold to a manufacturer of trash bags which identifies the quantity
and proximate prior usage of, and the actual postconsumer material con-
tent of, each shipment of that RPPCM type and any other information the
Board requires of suppliers for purposes of inclusion in the trash bag
manufacturers annual certification.
(c) How long must I keep these records? All records must be kept for
three (3) years after the date of certification. The records must be made
available to the Board upon request.
NOTE; Authority cited: Sections 40502 and 42297, Public Resources Code. Refer-
ence: Sections 42290, 42291, 42292, 42293 and 42295, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(4). (a)(6)-(7), (b)-(b)(2), and (b)(4), new
subsections (a)(8)-(9) and (b)(5), and amendment of Notk filed 3-24-95; op-
erative 3-24-95 pursuant to Government Code section 1 1343.4(d) (Register 95.
No. 12).
3. Change without regulatory effect amending section filed 3-1 1-99 pursuant to
section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Change without regulatory effect amending subsections (a)(5) and (b)(4) filed
1 1-17-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 46).
§17984. Auditing.
(a) Will the Board conduct audits related to my certifications? The
Board may include audits related to your certifications. The Board may
either request additional information, or the Board may conduct an on-
site audit. Each manufacturer, wholesaler or supplier required to provide
certification or any information pursuant to this chapter shall be subject
to audit by the Board.
(b) How will the Board request additional information? The Board will
send you a request for additional information by certified mail. The
Board will list the information it needs and explain the need for the infor-
mation. You will have thirty (30) days from the date of receipt of the re-
quest to supply the information.
(c) How will the Board conduct an on-site audit? If the Board decides
to audit your records or facilities to determine compliance with the regu-
latory requirements, either Board staff or the Board's designee will con-
duct the audit.
NOTE: Authority cited: Sections 40502 and 42297, Public Resources Code. Ref-
erence: Section 42295, Public Resources Code.
History
1. New section filed 3-9-94; operafive 3-9-94 (Register 94, No. 10).
2. Amendment of subsection (a) and N0T1= filed 3-24-95; operative 3-24-95 pur-
suant to Government Code section 1 1343.4(d) (Register 95, No. 12).
§17985. Penalties.
(a) What may result if I provide the Board with a false or misleading
certification? Any person who provides the Board with a false or mis-
leading certification may be prosecuted for fraud by the Attorney Gener-
al.
(b) What may result if I do not comply with the regulatory require-
ments? The Board shall publish a list of those not in compliance with the
requirements of this Article. Manufacturers and wholesalers of regulated
trash bags and suppliers of RPPCM who do not comply with these stat-
utes or regulations may be referred to the Attorney General for prosecu-
tion.
NOTE: Authority cited: Sections 40502, 41955 and 42297, Public Resources
Code. Reference: Section 42296 and 42297, Public Resources Code.
History
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsecfion (b) and Note and new forms CIWMB #57 and #58
filed 3-24-95; operative 3-24-95 pursuant to Government Code section
11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect moving forms to section 18831. appendix A
filed 4-2-96 pursuant to section 100. title 1, California Code of Regulations
(Register 96, No. 14).
4. Change without regulatory effect amending subsecfion (b) filed 3-1 1-99 pur-
suant to section 100, title 1, California Code of Regulafions (Register 99, No.
11).
Article 6. At-Store Recycling Program
Recordkeeping, Reporting and Measurement
§17987. Scope.
These regulations provide guidance to stores subject to the require-
ments of the At-Store Recycling Program Law (Public Resources Code
Sections 42250 et seq.). Under this law, stores, as defined, shall provide
at-store recycling opportunities for plastic carryout bags provided to cus-
tomers by the stores at the point-of-sale, and shall maintain records de-
scribing the collection, transport and recycling of plastic bags collected
for a minimum of three years. These regulations are designed to clarify
the recordkeeping requirements of the law.
NOTE: Authority cited: Sections 40502 and 42252, Public Resources Code. Refer-
ence: Section 42252, Public Resources Code.
Page 790
Register 2008, No. 18; 5-2-2008
Title 14
California Integrated Waste Management Board
§ 17987.3
History
1. New article 6 (sections 17987-17987.5) and section filed 7-30-2007 as an
emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of
Compliance must be transmitted to OAL by 1-28-2008 or emergency language
will be repealed by operation of law on the following day.
2. New article 6 (sections 17987-17987.5) and section refiled 1-28-2008 as an
emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Com-
pliance must be transmitted to OAL by 4-28-2008 or emergency language will
be repealed by operation of law on the following day.
3. New article 6 (sections 17987-17987.5) and section refiled 4-28-2008 as an
emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of
Compliance must be transmitted to OAL by 7-28-2008 or emergency language
will be repealed by operation of law on the following day.
§17987.1. Applicability.
These regulations do not cover retail establishments that do not meet
the definition of a store, nor bags that are not plastic carryout bags, as de-
fined. The requirements of the At-Store Recycling Program Law apply
only to stores as defined in this Article that provide plastic carryout bags
to customers at the point-of-sale.
NOTE: Authority cited: Sections 40502 and 42252. Public Resources Code. Refer-
ence: Sections 42250, 42251 and 42252, Public Resources Code
History
1 . New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register
2007, No. 31). A Certificate of Compliance must be transmitted to OAL by
1 -28-2008 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Regis-
ter 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by
4-28-2008 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Regis-
ter 2008, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
7-28-2008 or emergency language will be repealed by operation of law on the
following day.
§17987.2. Definitions.
The following definitions apply to the regulations in this Article.
(a) "Board" means the California Integrated Waste Management
Board.
(b) "Co-Mingled Recycling Rate" means the percentage of plastic
carryout bags recycled relative to other film plastic material recycled as
determined by periodic waste characterization studies performed by or
on behalf of the Board.
(c) "Compostable Carryout Bag" means a bag provided by a store to
customers at the point-of-sale that meets the American Society of Test-
ing and Material Standard D6400 for degradation through biological pro-
cesses or degrades from the action of naturally occurring microorgan-
isms including, but not limited to, bacteria, fungi and algae. This
definition includes any bag labeled in compliance with Chapter 5.7 (com-
mencing with Section 42355) of the Pubhc Resources Code.
(d) "Designated Reporting Party or Parties" means a person autho-
rized by an operator to maintain and report the records and data required
by this Article. An operator may have more than one designated reporting
party.
(e) "Local Jurisdiction" means a county, city, city and county, district,
public authority, public agency, and any other political subdivision or
public corporation in the state, but does not include the state government.
(f) "Manufacturer" means the producer or generator of a plastic carry-
out bag sold to a store in California.
(g) "Measurement Period" means the twelve month period beginning
on January 1 and ending December 31 of each calendar year.
(h) "Operator" means a person in control of, or having daily responsi-
bility for, the daily operation of a store, as defined in this Article, which
may include, but is not limited to, the owner, lessee, or franchisee. An op-
erator may have control of more than one store.
(i) "Person" means any natural person, corporation, partnership, lim-
ited liability company, firm, association, or sole proprietorship.
(j) "Plastic Carryout Bag" means a plastic carryout bag provided by
a store to a customer at the point of sale. A compostable carryout bag is
not a plastic carryout bag for purposes of this Article.
(k) "Store" means a retail establishment that provides plastic carryout
bags to its customers as a result of the sale of a product and that meets
either of the following requirements:
( 1 ) Meets the definition of a "supermarket" as found in this Article.
(2) Has over 10,000 square feet of retail space that generates sales or
use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax
Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Rev-
enue and Taxation Code) and has a pharmacy hcensed pursuant to Chap-
ter 9 (commencing with Section 4000) of Division 2 of the Business and
Professions Code.
(/) "Supermarket" means a full-hne, self-service retail store with
gross annual sales of at least two million dollars ($2,000,000), and which
sells a line of dry grocery, canned goods, or nonfood items and some per-
ishable items.
NOTE: Authority cited: Sections 40502 and 42252, Public Resources Code. Refer-
ence: Sections 42250 and 42252, Public Resources Code.
History
1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register
2007, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-28-2008 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Regis-
ter 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by
4-28-2008 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Regis-
ter 2008, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
7-28-2008 or emergency language will be repealed by operation of law on the
following day.
§17987.3. Recordkeeping.
(a) Each operator or its designated reporting party or parties shall
maintain the following records:
(1) A record of all shipments of plastic carryout bags to the store or
stores.
(2) An operator or its designated reporting party or parties shall main-
tain one of the following types of records depending on whether it is re-
porting on the actual weight of plastic carryout bags or is reporting an es-
timated weight based on the co-mingled recychng rate:
(a) A record of the weight of all plastic carryout bags recycled or trans-
ported; or
(b) A record of the weight of all film plastic recycled or transported.
This weight shall include all plastic carryout bags that are co-mingled
with other types of film plastic.
(3) A copy of every form or report required to be filed with the Board.
(4) Operators or designated reporting parties using the co-mingled re-
cycling rate shall maintain any records describing the calcu]ation(s) of
the weights of recycled plastic carryout bags and other film plastic mate-
rials.
(b) Each operator shall be responsible for maintaining the records re-
quired by this Article. An operator may allow its designated reporting
party to maintain required records, but the operator shall ultimately be re-
sponsible for making all records available to the Board or local jurisdic-
tion within 30 calendar days after receiving a written request. If records
are made available for in-person inspection by the Board or a local juris-
diction, such records shall be made available during normal working
hours.
(c) Each operator shall retain all required records for a minimum of
three (3) years after the submission of an annual report required by this
Article. If an operator is using a designated reporting party to maintain
records, it shall ensure that the designated reporting party retains records
for the minimum three (3) years. An operator, at its discretion, may en-
sure the record retention through a contract.
NOTE: Authority cited: Sections 40502 and 42252, Public Resources Code. Ref-
erence: Sections 42250 and 42252, Public Resources Code.
History
1 . New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register
2007, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-28-2008 or emergency language will be repealed by operation of law on the
following day.
Page 791
Register 2008, No. 18; 5-2-2008
§ 17987.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Regis-
ter 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by
4-28-2008 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Regis-
ter 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by
7-28-2008 or emergency language will be repealed by operation of law on the
following day.
§ 17987.4. Filing of Annual Report.
(a) Each operator or designated reporting party shall submit the re-
quired information enumerated in this section to the Board no later than
April ] of each year for the previous measurement period.
(b) For the 2007 measurement period, operators or designated report-
ing parties shall be required to only report for the six-month period be-
ginning July 1 , 2007 and ending December 3 J , 2007. An operator or des-
ignated reporting party may report for a longer period during the 2007
calendar year at its discretion.
(c) An operator with multiple store locations may submit one annual
report for all of its stores. A designated reporting party shall submit a sep-
arate form and data sheet for each operator.
(d) Notwithstanding sub-section (c), a designated reporting party who
is reporting on behalf of twenty-five (25) or more operators may submit
one annual report including the information required by the section for
all of its operators. Designated reporting parties submitting an annual re-
port in this manner shall report the information required by this section
and shall include a listing of each operator's name, mailing address, tele-
phone number and contact name.
(e) Each operator or its designated reporting party or parties shall re-
port the following information to the Board. The co-mingled recycling
rate may be utilized to calculate weights where applicable.
(1) The full and complete name of the designated reporting party if ap-
plicable.
(2) The mailing address of the designated reporting party if applicable.
(3) The contact name and telephone number for the designated report-
ing party if applicable.
(4) The full and complete name of the operator.
(5) The mailing address of the operator.
(6) The contact name and telephone number of the operator.
(7) The name of the store(s), if different from the name of the operator.
(8) The addresses of stores, distribution centers, warehouses or other
locations where reported transactions occurred.
(9) The weight of plastic carryout bags purchased.
( 1 0) The weight of plastic carryout bags collected and recycled or sent
for recycling by the operator or designated reporting party or parties.
(1 1) The names and addresses of the recyclers utilized by the operator
or designated reporting party or parties.
(f) The operator or its designated reporting party or parties shall submit
a certification form or other declaration that the information was sub-
mitted under penalty of perjury, according to the following format:
"I certify under penalty of perjury under the laws of the State of
California that the information and data contained herein are true
and correct."
(Signature)
(Date)
(g) An operator or designated reporting party may either directly re-
port the weight of plastic carryout bags or film plastic materials recycled
by the operator's store or stores by use of the co-mingled recycling rate.
If the co-mingled recycling rate is used by an operator or designated re-
porting party to calculate the weight of plastic carryout bags and other
film plastic materials that was recycled by the operator's store or stores,
then calculated weights shall be reported to the Board as part of the annu-
al report.
(h) The Board shall, at least once per measurement period, calculate
and publish a co-mingled recycling rate. The co-mingled recycling rate
shall be calculated through waste characterization studies that determine
the percentage of plastic carryout bags relative to other film plastic mate-
rials collected for recycling.
(i) AUhough an operator may u.se a designated reporting party or par-
ties to submit the information required in this section, an operator is nev-
ertheless responsible for compliance with the reporting and other re-
quirements of this Article and may be subject to penalties for
non-compliance due to the action or non-action of its designated report-
ing party or parties.
NOTE; Authority cited: Sections 40502 and 42252, Public Resources Code. Refer-
ence: Section 42252, Public Resources Code.
History
1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register
2007, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-28-2008 or emergency language will be repealed by operation ollaw on the
following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Regis-
ter 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by
4-28-2008 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Regis-
ter 2008, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
7-28-2008 or emergency language will be repealed by operation of law on the
following day.
§ 17987.5. Submittal of Confidential, Proprietary Data or
Trade Secrets.
The submittal of data or information to the Board that is confidential,
proprietary or a trade secret under applicable California law shall will be
subject to the provisions of Title 14, California Code of Regulations, Ar-
ticle 4 (commencing with Section 17041).
NOTE; Authority cited: Sections 40502 and 42252, Public Resources Code. Refer-
ence: Section 42252, Public Resources Code.
History
1 . New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register
2007, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-28-2008 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Regis-
ter 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by
4-28-2008 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Regis-
ter 2008, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
7-28-2008 or emergency language will be repealed by operation of law on the
following day.
Chapter 4.5. Farm and Ranch Solid Waste
Cleanup and Abatement Grant Program
Article 1 . Authority
§17990. Scope.
(a) These regulations implement the Farm and Ranch Solid Waste
Cleanup and Abatement Grant Program, a grant program for local agen-
cies for purposes of cleaning up and abating the effects of solid waste that
is illegally disposed of on farm or ranch property. Regulations contained
herein are promulgated pursuant to Public Resources Code (PRC) Chap-
ter 2.5 of Part 7 of Division 30.
(b) Notwithstanding any other provision, the grant program shall be
funded from the following funds:
(1) The Integrated Waste Management Fund;
(2) The California Tire Recycling Management Fund;
(3) The California Used Oil Recycling Fund.
(c) The Board shall be authorized to expend the money in the Farm and
Ranch Solid Waste Cleanup and Abatement Account for the grant pro-
gram upon appropriation by the Legislature in the annual Budget Act.
(d) Each year, as part of the annual report required to be submitted pur-
suant to Section 40507, the Board shall report to the Governor and the
Legislature on the actions it has taken under the grant program and the
number of illegal sites that have been cleaned up and abated pursuant to
the grant program.
Page 792
Register 2(X)8, No. 18; 5-2-2008
Title 14
California Integrated Waste Management Board
§ 17992.4
•
NOTE: Aulhority cited: Sections 48100, 48103 and 48104, Public Resources
Code. Reference: Section 48100, Public Resources Code.
History
1. New chapter 4.5 (articles 1-5, sections 17990-17994.3), article 1 (section
1 7990) and section filed 6-30-2000; operative 6-30-2000 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 2000. No. 26).
Article 2. Definitions
§17991. Definitions.
For the purposes of this Chapter:
(a) "Agreement" means the written document, any amendment(s) and
written change orders thereto, which is signed by the Board or its desig-
nated representative and the grant recipient and which defines the terms,
provisions and conditions governing the grant.
(b) "Applicant" means a local agency, resource conservation district,
or Native American tribe applying for a grant for cleanup and/or abate-
ment administered by the California Integrated Waste Management
Board.
(c) "Board" means the California Integrated Waste Management
Board.
(d) "Farm and/or Ranch property" means a piece of property, publicly
or privately owned, that is used for rangeland or agricultural activities
such as, but not limited to commercial livestock and crop production,
horticulture, aquaculture, silviculture, floriculture, verirticulture and viti-
culture. Farm or ranch property need not have active sales or production
but shall be appropriately zoned or otherwise authorized for agricultural
activities. Farm or ranch property includes appurtenant easements or
right-of-ways such as, but not limited to, public roads and utilities.
(e) "Grant recipient or grantee" means an applicant whose grant ap-
plication has been awarded and who has executed a grant agreement pur-
suant to Public Resources Code section 48101(c).
(t) "Illegal disposal site" means:
(1) A disposal site that is not permitted and not exempt from obtaining
a permit and is not a closed site as defined section 20164 of Title 27, Divi-
sion 2 of California Code of Regulations on which cleanup may be re-
quired to abate a nuisance or protect public health and safety and/or the
environment.
(g) "Local agency" means the enforcement agency, or other municipal
department, that is designated to implement this Chapter by a county or
city or a joint powers authority consisting of cities and counties and
formed pursuant to Chapter 5 (commencing with Section 6500) of Divi-
sion 7 of Title 1 of the Government Code.
(h) "Native American tribe" has the same meaning as tribe, as defined
in subdivision (b) Section 44201 of the Public Resources Code.
(i) "Nuisance" includes anything which is injurious to human health
or is indecent or offensive to the senses and interferes with the comfort-
able enjoyment of life or property, and affects at the same time an entire
community, neighborhood, or any considerable number of persons al-
though the extent of the annoyance or damage inflicted upon an individu-
al may be unequal and which occurs as a result of the storage, removal,
transport, processing or disposal of solid waste.
(j) "Resource conservation district" is a "special district" of the state
of California, set up under PRC, Division 9, which is a locally governed
agency with it's own locally appointed, independnet board of directors.
(k) "Remedial action" means any action to abate, prevent, minimize,
stabilize, mitigate, or eliminate a threat to public health and safety and/or
the environment.
(/) "Responsible party" includes any individual, firm, limited liability
company, association, partnership, political subdivision, government
agency, municipality, industry, public or private corporation, or any oth-
er entity whatsoever who by contract, agreement or otherwise arranged
for the transportation to and/or disposal of solid waste at the illegal dis-
posal site;
The term "responsible party", as defined above, may only be
construed within the context of this Chapter and Public Resources Code
secfions 48100 et seq. and shall not be interpreted under any other local,
state, or federal statute.
(m) "Threat" or "threaten" means a condition creating a probability of
substantial harm, when the probability and potential extent of harm make
it reasonably necessary to take immediate action to prevent, reduce, or
mitigate damages to persons, property, natural resources, or the public
health or safety.
NOTE: Authority cited: Sections 481 00 and 481 03, Public Resoiuces Code. Refer-
ence: Sections 48100, 48102 and 48106, Public Resources Code.
History
1. New article 2 (section 17991) and section filed 6-30-2000; operative
6-30-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 26).
2. Change without regulatoiy effect amending subsection (b), adopting new sub-
sections (h) and (j) and relettering subsections filed 5-28-2003 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2003, No. 22).
Article 3. Eligibility Requirements
§17992.1. Purpose.
The Board may award grants directly from the account to local agen-
cies. Grants shall be used to assist the Board in complying with Public
Resources Code secfion 48100 et seq.
NOTE: Authority cited: Sections 48100, 48101(a) and 48103, Public Resources
Code. Reference: Sections 48100 and 48101(a), Public Resources Code.
History
1. New article 3 (sections 17992.1-17992.4) and section filed 6-30-2000; opera-
tive 6-30-2000 pursuant to Government Code section 11343.4(d) (Register
2000, No. 26).
§ 17992.2. Funding Eligibility.
(a) Grant funds may be used only for remedial actions at Illegal dispos-
al sites or to reimburse qualifying property owners for eligible costs in-
curred by remedial actions to their property.
(b) Grant funds may be used only for those eligible remedial actions
pursuant to secfion 17992.4.
NOTE: Authority cited: Sections 48100, 48101(b) and 48103, Public Resources
Code. Reference: Section 48101(b), Public Resources Code.
History
1 . New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a) filed 5-28-2003 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2003, No.
22).
§17992.3. Site Eligibility.
(a) Candidate sites may be eligible for funding only if:
(1) The site is an illegal disposal site as defined in section 17991; and
(2) The site is on a farm and/or ranch property as defined in secfion
17991; and
(3) The responsible party either cannot be idenfified, located, or pay
for fimely and proper remediafion; and
(4) Remedial acfion is required to protect public health and safety and/
or the environment, or to abate a nuisance; and
(5) Neither the applicant nor the private property owner was responsi-
ble for the illegal disposal of solid waste on the farm or ranch property.
NOTE: Authority cited: Sections 48100, 48102 and 48106, Public Resources
Code. Reference: Sections 48102 and 48106, Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a)(5) filed 5-28-2003
pursuant to section 100, title 1, California Code of Regulations (Register 2003,
No. 22).
§ 17992.4. Eligible and Ineligible Remedial Actions.
(a) Remedial actions that are appropriate for the use of funds include,
but are not limited to: waste removal and disposal and related actions;
drainage controls; grading; slope and foundafion stabilization; excava-
fion, revegetafion, recycling, and site security. Public education to pre-
vent reoccurrence of the illegal disposal is eligible for funding only if in-
cluded with any of the above eligible remedial actions.
Page 793
Register 2008, No. 18; 5-2-2008
§ 17993.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) Ineligible remedial actions include, but are not limited to: closure
as defined in Section 20164 of Title 27, Division 2 of the California Code
of Regulations; ground water remediation; operation and maintenance of
leachate, surface water, or vadose zone monitoring systems; closure and
postclosure maintenance services; improvements to property for postclo-
sure land uses; preparation of closure or postclosure maintenance plans;
removal, abatement, cleanup or otherwise handling of hazardous sub-
stances as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)].
NOTE; Authority cited: Sections 40502, 48025, 48100 and 48103, Pubhc Re-
sources Code. Reference: Sections 40502 and 48025, Public Resources Code.
History
]. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000, No. 26).
Article 4. Grant Process
§ 17993.1. Grant Application Filing Period.
Application packages for grant funding shall be accepted on a continu-
al basis and will be reviewed, scored and ranked quarterly. Application
packages received by the Board on or before January I, April 1 , July 1 ,
and October 2 will be considered for award in the quarter commencing
on that date.
NOTE: Authority cited: Sections 48 1 00 and 48 1 03, Public Resources Code. Refer-
ence: Section 48100, Public Resources Code.
HtSTORY
] . New article 4 (sections 17993.1-17993.7) and section filed 6-30-2000; opera-
tive 6-30-2000 pursuant to Government Code section 11343.4(d) (Register
2000, No. 26).
§17993.2. Grant Amounts.
(a) The Board shall not fund more than two hundred thousand dollars
($200,000) per fiscal year for any applicant. If a grant is awarded to a joint
powers authority, the joint powers authority and all the cities and coun-
ties it represents are limited to a maximum of two hundred thousand dol-
lars ($200,000) per fiscal year. No single cleanup or abatement project
shall exceed fifty thousand dollars ($50,000).
(b) The Board shall not fund administrative costs of grantees, which
exceed seven (7) percent of the grant.
(c) The Board or the Department of Finance may audit the recipient's
records and/or any contractor or subcontractor regarding moneys re-
ceived pursuant to this Article.
NOTE: Authority cited: Sections 48100, 48101(a) and 48103, Public Resources
Code. Reference: Section 48101(a), Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsections (a) and (b) filed
5-28-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 22).
§ 17993.3. Contents of the Grant Application Package.
(a) A complete application package for cleanup and abatement work
shall include, but is not limited to, all of the following elements:
( 1 ) A Farm and Ranch Solid Waste Cleanup and Abatement Grant Ap-
plication Cover Sheet, provided by the CIWMB, (CIWMB 634) 02/03,
See Appendix A;
(2) A copy of an adopted resolution from the applicant's governing
body, authorizing the submittal of the application and identifying the title
of the individual authorized to execute any agreements, contracts and re-
quests for payment to carry out the project;
(3) A description of the following:
(a) the need and overall objective of the project(s),
(b) innovative programs within the jurisdiction to discourage illegal
dumping,
(c) any other funds available to cleanup the site(s),
(d) any funds used in the past to remediate problems at the site(s),
(e) the proposed method to evaluate the success of the project, and
(f) previous experience remediating similar sites;
(4) Site Characterization Form (CIWMB 635) (02/03), (See Appendix
A) for each .site proposed for remediation activities;
(5) A vicinity map showing the location of each site;
(6) The existing zoning description and designation for the parcel of
each site proposed to cleanup;
(7) A signed and notarized affidavit or letter from the property owner
stating that they were not responsible for the illegal dumping or degrada-
tion of the environment which the grant is proposing to remediate;
(8) A statement that a responsible party cannot be identified, or lo-
cated, or can pay for timely and proper remediation.
(9) A Work Plan describing the proposed tasks needed to remediate
each site, including recycling activities, and an implementation schedule
for the proposed tasks; and
(10) A cost estimate for each site which provides a task description,
staffing information, duration of each task, a per-hour-cost of each task
as well as a total cost for the project.
(b) A complete application package to reimburse costs previously in-
curred by a farm or ranch property owner shall include all elements in
subsection (a), except for 1 7993.3(a)(3), 1 7993(a)(9), and 17993(a)(l 0).
In addition, the following elements shall be included in the application
for reimbursement:
(1) A description of the following:
(a) the initial need and overall objective of the project(s) at the time it
was remediated,
(b) innovative programs within the jurisdiction to discourage illegal
dumping,
(c) any other funds available to reimburse costs previously incurred to
cleanup the site(s),
(d) any funds used in the past to remediate problems at the site(s),
(e) the success of the project; and
(2) A description of the tasks taken to remediate the site, including the
total amount of material removed, types and quantities of waste disposed
and recycled, disposal, recycling, and photographs of the project; and
(3) The cost and receipts associated with each task in remediating the
site, including costs associated with disposal, recycling, equipment and
labor.
NOTE: Authority cited : Sections 48 1 00 and 48 1 03, Public Resources Code. Refer-
ence: Section 48100, Public Resources Code.
History
1 . New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section filed 5-28-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2003, No. 22).
§ 17993.4. Review of Grant Applications.
(a) Board staff shall review each grant application package to verify
that it is complete pursuant to section 17993.3 and meets the eligibility
requirements pursuant to Article 3 of this Chapter.
(b) If the application package is complete and indicates eligibility it
will be reviewed and evaluated by the Board based on criteria set forth
in sections 17993.5.
(c) The Board shall notify the apphcant within twenty days (20) of re-
ceipt if the application package is determined to be incomplete. The
Board may request additional information related to the grant application
required by section 17993.3. The applicant will have a minimum often
(10) working days, or an additional time period specified by the Board
in writing, to submit the requested information to the Board. If the speci-
fied timeframe is not met, the application will be disqualified from con-
sideration for a grant during the current grant cycle.
(d) The Board shall notify the applicant within fifteen days (15) from
the date that the application is deemed complete if the application pack-
age does not meet the eligibility requirements. Written notice of the rea-
son for ineligibility will be sent to the applicant.
NOTE: Authority cited: Sections 48100, 48101 and 48103, Public Resources
Code. Reference: Section 48103, Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 26).
Page 794
Register 2008, No. 18; 5-2-2008
Title 14
California Integrated Waste Management Board
§ 17994.2
§ 17993.5. Grant Criteria.
The criteria listed below will be used to evaluate each complete ap-
plication.
(a) Demonstrated the need for the project.
(b) Measurable goals and objectives in the Work Plan.
(c) Descriptions by task of the activities to be undertaken to achieve
the objectives.
(d) Description of a method to evaluate the success of the project and
determine whether objectives were accomplished.
(e) Demonstration that the project is cost effective. Preference will be
given toapplicants who use cost savings, such as, use of volunteer labor,
in-kind services, and recycling options.
(0 Detail that expenses are reasonable with all program elements are
itemized in the budget.
(g) Present complete and clear proposal setting forth deadlines and ev-
idence that applicant or its contractor have sufficient staff resources,
technical expertise, and experience managing grant programs.
(h) The quality, cost-effectiveness and innovation of the applicant's
programs designed to discourage illegal waste disposal and to encourage
the proper waste disposal in permitted solid waste disposal facilities.
(i) The level of health and safety threats or environmental concerns
and public nuisance described in the application.
(j) The environmental soundness and practicality of the proposal.
(k) The maximization of available funds.
(/) The applicant's ability to adequately remediate the site with avail-
able funds.
(m) The availability of other funds to cleanup the site.
(n) Evidence of a green procurement policy, requiring applicants to
use recycled content products, recycled or reusable products, or engage
in other waste reduction activities where appropriate and feasible.
NOTE: Authority cited: Sections 48100, 48102 and 48103, Public Resources
Code. Reference: Section 48103, Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 1 t343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsections (h) and (/) filed
5-28-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 22).
§ 17993.6. Local Agency Grant Agreement for Cleanup.
(a) If the Board approves the grant award, the grant recipient and the
Board shall enter into a written grant agreement which contains a descrip-
tion of the project(s) as approved, and which identifies and ensures com-
pliance with this chapter and which incorporates all standard terms and
conditions required of state agency agreements.
(b) Payment for work performed by the grantee will be made only after
the following conditions have been met and approved by the Board:
(1) completion of the site remedial action as proposed, and
(2) submission of a report on the types and quantities of waste disposed
and recycled, and the costs associated with disposal, recycling, equip-
ment and labor.
(c) The grant recipient must obtain prior written approval from the
Board, or its designated representative, for any changes to grant agree-
ment. All requests must include a description of the proposed change(s)
ajid the reason(s) for the change(s).
(d) Upon determination by the Board that the recipient has failed to
comply with the terms of grant agreement the Board may terminate the
grant in whole, or in part, at any time prior to the date of completion. The
Board shall notify the recipient in writing of the reasons for the termina-
tion of the grant and the effective date of the termination within five (5)
working days of the determination.
NOTE: Authority cited: Sections 481 00 and 48 1 03, Public Resources Code. Refer-
ence: Section 48101, Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending subsection (a) filed 5-28-2003 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2003, No.
22).
§ 1 7993.7. Grant Agreement for Reimbursements.
A grant agreement for reimbursement to a property owner shall in-
clude all elements of 17993.6 except for (b) and (c). In addition, the fol-
lowing shall be included:
(a) Payment shall be made only after the site has been fully remediated
(b) The grantee shall disperse the funds, within sixty days (60) of re-
ceipt, to the property owner.
NOTE: Authority cited: Sections 48 100 and 48 103, Public Resources Code. Refer-
ence: Section 48101, Public Resources Code.
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section heading and subsection (b)
filed 5-28-2003 pursuant to section 1 00, title 1 , California Code of Regulations
(Register 2003, No. 22).
Article 5. Property Owner Grant
Application Request
§ 1 7994.1 . Request Process for Cleanup.
(a) A farm or ranch property owner may initiate the process for a grant
application by submission of the following information to the applicant
for consideration:
(1) A letter requesting that the applicant apply for a grant under this
Chapter on the farmer's or rancher's behalf. The letter shall include the
name, mailing address and phone number of the property owner and the
approximate type and quantity of waste disposed on the property; and
(2) A vicinity map showing the location of each site and access points
to the parcel of each site being requested for cleanup or reimbursement
under the grant.
(3) A signed and notarized affidavit or letter from the property owner
stating that they were not responsible for the illegal dumping or degrada-
tion of the environment which the grant is proposing to remediate.
(b) The applicant has forty-five (45) days, from receipt of the grant ap-
plication request, to review the request, conduct a site visit and provide
a written determination that the owner is or is not eligible for funds under
the Farm and Ranch Solid Waste Cleanup and Abatement Grant pro-
gram.
(c) If the applicant determines that the property owner is not eligible
for a grant, it shall provide the property owner with the reasons. The rea-
sons shall be provided within forty-five (45) days of the receipt of the
application request.
(d) Once the applicant determines the property owner's application re-
quest is complete, it shall submit a grant application to the Board within
sixty (60) days.
NOTE: Authority cited : Sections 48 1 00 and 48 1 03, Public Resources Code. Refer-
ence: Sections 48100 and 48103, Public Resources Code.
History
1 . New article 5 (sections 1 7994. 1-1 7994.3) and section filed 6-30-2000; opera-
tive 6-30-2000 pursuant to Government Code section 11343.4(d) (Register
2000, No. 26).
2. Change without regulatory effect amending article heading and section filed
5-28-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 22).
§ 17994.2. Request Process for Reimbursement of Prior
Cleanups.
A farm or ranch property owner may initiate the process for a grant ap-
plication for reimbursement of prior cleanups. If the owner requests re-
imbursement, the owner shall apply pursuant to 17994.1 and include the
following information:
(1) A description of the tasks taken to remediate the site, including the
total amount of material removed, types and quantities of waste disposed
and recycled, and photographs of the project; and
(2) The cost and receipts associated with each task in remediating the
site, including costs associated with disposal, recycling, equipment and
labor.
NOTE; Authority cited: Sections 48 1 00 and 48 1 03, Public Resources Code. Refer-
ence: Secfions 48100 and 48103, Public Resources Code.
Page 794.1
Register 2008, No. 18; 5-2-2008
§ 17994.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 26).
§ 17994.3. Property Owner Appeal Rights.
(a) If the applicanl determines that the property owner is responsible
for the illegal waste disposal, the property owner may appeal the decision
to the governing body with jurisdiction over the applicant.
(b) The property owner shall submit an appeal to the governing body
within fifteen (15) days of receipt of determination of responsibility.
(c) The appeal shall describe the factual basis for the appeal and shall
include all relevant documentation.
(d) The governing body shall determine whether or not to overturn the
applicant decision within forty-five (45) days of receipt.
NOTE: Authority cited: Sections 48 1 00 and 48 1 03, Public Resources Code. Refer-
ence: Section 48100, Public Resources Code..
History
1. New section filed 6-30-2000; operative 6-30-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 26).
2. Change without regulatory effect amending section filed 5-28-2003 pursuant
to section 100, title'l, California Code of Regulations (Register 2003, No. 22).
Chapter 5. Enforcement of Solid Waste
Standards and Administration of Solid
Waste Facility Permits; Loan Guarantees
Article 1. Definitions and General
Provisions
§18010. Scope.
(a) This chapter is adopted pursuant to and for the purpose of imple-
menting the California Integrated Solid Waste Management Act of 1 989
(ACT) commencing with Section 40000 of the Public Resources Code
(PRC), as it may be amended from time to time. These regulations should
be read together with the Act.
(b) This Chapter implements those provisions of the Act relating to
solid waste facilities and disposal sites, and application of minimum stan-
dards for solid waste handling and disposal (Chapter 3 of this Division,
and 27 CCR Division 2, Subdivision 1 (§20005 et seq.)) to such facilities.
Nothing in this chapter is intended to limit the authority of the enforce-
ment agency or the board to enforce the minimum standards as they apply
to collection, storage, and removal of solid wastes pursuant to the provi-
sions of Sections 43209 and 43300 of the Public Resources Code (PRC).
Nothing in this Chapter is intended to limit the authority of the state or
local health agencies.
NOTE: Authority cited for Chapter 5 (Sections 18010-18354, not consecutive):
Sections 40502, 43020, 43200 and 43214, Public Resources Code (PRC). Refer-
ence: Sections 43200-45601, Public Resources Code.
History
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of chapter 5 heading filed 10-1 1-96; operative 10-1 1-96 pursuant
to Government Code section 11343.4(d) (Register 96, No. 41).
3. Change without regulatory effect amending subsection (b) filed 3-8-99 pur-
suant to section 100, title 1, California Code of Regulations (Register 99, No.
11).
§18011. Definitions.
(a) Unless the context otherwise requires, the following definitions
shall govern construction of this Chapter:
(1) "Abandoned site" means a site where there is no responsible party
as determined by the local enforcement agency and the board.
(2) "Act" means the California Integrated Solid Waste Management
Act of 1989.
(3) "Applicant" means the proposed operator of a facility.
(4) "Certified" means submitted and stated under oath, affirmation, or
penalty of perjury.
(5) "Certification" means certification by the Board of an enforcement
agency pursuant to Section 43200 of the Public Resources Code and Ar-
ticles 2.1, and 2.2 of this Chapter.
(6) "Closed site" means a solid waste disposal site that has ceased ac-
cepting waste and has documentation that closure was conducted in ac-
cordance with applicable statutes, regulations, and local ordinances in ef-
fect at the time.
(7) "Decertification" means an action by the California Integrated
Waste Management Board which withdraws, partially or fully, prior cer-
tification(s) issued to the enforcement agency. This action modifies the
enforcement agency's authority within its jurisdiction.
(8) "Enactment" means a federal, state, regional, or local statute, ordi-
nance, regulation, permit, or similar provision having the force of law.
(9) " Enforcement action" means an action of the enforcement agency
or the board, taken pursuant to the act or this chapter, including, but not
limited to issuing a notice and order, a cease and desist order, cleanup or
abatement order, or a corrective action order; to institute a proceeding to
modify, suspend, or revoke a permit; to institute a judicial proceeding to
obtain an injunction; or to institute a judicial action to obtain civil penal-
ties.
(10) "Evaluation workplan" means a type of corrective action speci-
fied by the Board. The action requires the LEA to develop a schedule to
address jurisdictional compliance issues identified during the LEA eval-
uation process. The evaluation workplan is subject to Board approval.
(11) "Facility" means a solid waste facility as defined in Public Re-
sources Code Section 40194 or disposal site as defined in Public Re-
sources Code Section 40122.
(12) "Facility operator" means the operating unit, and other person(s)
who through a lease, franchise agreement or other arrangement with the
owner of the property is granted the approval to operate a solid waste fa-
cility, disposal site, transfer or processing station, composting station, or
solid waste handling system, or the owner of the property.
(13) "Illegal site" means a solid waste disposal site that is not permitted
and not exempt from obtaining a permit and is not a closed site.
(14) "Inactive site" means a site that is temporarily idle, for a specific
period due to known circumstance and not part of the normal operation
pattern contained in the solid waste facilities permit.
(15) "Local Agency" means a local public agency or department of a
county or a city, a joint powers jurisdiction, or a special district.
(16) "Local Enforcement Agency" (LEA) means an enforcement
agency with board certification(s) totally separate from the operating
unit(s) of the local governing body. An LEA is a comprehensive solid
waste enforcement agency which performs permitting, inspection, and
enforcement duties for solid waste handling, and permitted, closed, aban-
doned, exempt, illegal, and inactive facilities. An LEA is solely responsi-
ble for carrying out solid waste enforcement in its jurisdiction as defined
in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.)
and Division 30 of the Public Resources Code. Upon certification(s) the
LEA shall have full power to execute the Act and the regulations adopted
hereto.
(17) "Operating unit" means a local agency within the jurisdiction of
the designating local governing body that operates, causes to operate, or
administers contracts or agreements for any portion of a facility or solid
waste handling and disposal system.
(18) "Operation" means those activities governed by the EA notifica-
tion tier requirements set forth in sections 18103-18103.3.
(19) "Owner of the property" means the person or persons owning the
fee interest in the property and the person or persons owning any lease-
hold interest in the property.
(20) "Permit" means a solid waste facilities permit.
Page 794.2
Register 2008, No. 18; 5-2-2008
Title 14
California Integrated Waste Management Board
§ 18011
•
(21) "Property" means the real property on which a facility or disposal
site, any part thereof, or any support staicture exists or is proposed to ex-
ist, including any portion of such real property that is not occupied by the
facility or any support structure but that is contained within the legal de-
scription of the land on which the facility is located as that description is
set forth in the most recently recorded deed.
(22) "Regional LEA" means an enforcement agency certified by the
Board pursuant to Article 2.1 of this Chapter, with permitting, inspection
and enforcement duties within multiple counties.
(23) "Violation" means a lack of compliance with a particular stan-
dard, permit term or condition, or other applicable solid waste law or reg-
ulation. A violation may be indicated by the checking of a box in the
violation column of an inspection report or by other written documenta-
tion. The documentation shall indicate the specific standard, permit term
or condition, or other solid waste law or regulation not in compliance.
NOTE: Authority cited: Sections 40502, 43020, 43200, 43214 and 43231, Public
Resources Code. Reference: Sections 43200-45042, Public Resources Code.
History
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 11 346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a)(1) and (a)(14) filed 10-26-94; operative
1 0-26-94 pursuant to Government Code section 1 1 346.2(d) (Register 94, No.
43).
[The next page is 795.]
Page 794.3
Register 2008, No. 18; 5-2-2008
Title 14
California Integrated Waste Management Board
§ 18051
•
3. Change without regulatory effect amending subsection (a)(14) filed 3-8-99
pursuant to section 1 00, title 1 , California Code of Regulations (Register 99, No.
11).
4. Amendment of subsection (a)(19) and new subsection (a)(20) filed 4-12-2001 ;
operative 5-12-2001 (Register 2001, No. 15).
5. New subsections (a)(7) and (a)(9), subsection renumbering and amendment of
Note filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
6. New subsection (a)(22), subsection renumbering and amendment of Note filed
8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§ 18012. Mailing and Delivery.
Except as otherwise provided in this chapter, any requirement of this
chapter that a document be transmitted, delivered, provided, or sent to
any person shall be satisfied in one of the following ways: by personal
delivery to the person, by personal delivery to an address the person has
given, or by first class United States mail, postage prepaid, to an address
the person has given.
NOTE: Authority cited: Sections 40502, 43020, 43200 and 43214. Public Re-
sources Code. Reference: Sections 43200-45601, Public Resources Code.
History
1. Amendment of Note filed 12-17-91; operative 12-17-91 pursuant to Govern-
ment Code section 11346.2(d) (Register 92, No. 13).
§ 18013. Mailing Documents to the Board.
History
1. Change without regulatory effect repealing Section 18013 filed 8-17-89 pur-
suant to Secfion 100, Title 1 , California Code of Regulations (Register 89, No.
35). For prior history, see Register 81, No. 21).
§ 1 8020. Maintenance of Files.
(a) Every enforcement agency shall maintain a file on each disposal
site and facility within its jurisdiction. These files shall include all solid
waste facilities that have been granted a permit or that are or have been
the subject of an application for a permit. The file on each facility or site
shall contain all applications, permits, notices, orders, reports, corre-
spondence, and other documents pertaining to the facility or site, which
have been initiated or received by the enforcement agency. However, the
enforcement agency, pursuant to Section 44102 of the Public Resources
Code, shall separately maintain all papers relating to the facility or site
for which a request for confidential treatment has been made, and such
papers shall be suitably protected until such time as it has been deter-
mined that confidential treatment is not required.
(b) The file for each facility or site shall bear a number which is deter-
mined and assigned by the board.
(c) Each enforcement agency shall maintain a current list of all files
it maintains. The list shall be available for public inspection upon request.
(d) All files and their contents shall be retained by the enforcement
agency for as long as a facihty or disposal site physically exists, and until
written discard approval is given by the board.
(e) Upon certificafion each LEA shall maintain a separate and current
chronological log of the legal and enforcement actions, taken pursuant
to 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.)
and Parts 4 and 5 of Division 30 of the Public Resources Code. This log
shall be retained by the LEA as a file, and shall include at a minimum the
following information: facility or site name, address, facility number, the
acfion type, the date issued, and the outcome of the action(s).
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 40062, 43200, 43209, 45000, 45200, 45201 , 45300 and
45301, Public Resources Code.
History
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (b) and (e) and amendment of Note filed
10-26-94; operative 10-26-94 pursuant to Government Code section
11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (e) filed 3-8-99 pur-
suant to section 100, title 1, CaUfornia Code of Regulations (Register 99, No.
11).
Article 2. Designation of a Local Agency
and the Appointment of Hearing Panels or
Hearing Officer
§18050. Scope.
This Article sets forth the requirements for the designation of a local
agency as an enforcement agency, and the establishment of hearing pan-
els or selection of a hearing officer pursuant to the California Integrated
Solid Waste Management Act of 1 989. A local governing body of a city,
county, or a joint powers body may designate a single local agency to be
its enforcement agency pursuant to Secfion 18051 of this Article. Upon
board approval of the designafion and cerfificafion(s) of the local agency
pursuant to Articles 2.0, 2.1, and 2.2 of this Chapter, the designated local
agency shall become the local enforcement agency (LEA) in the desig-
nated jurisdicfion. A local governing body may enter into a contract or
joint powers agreement with another LEA for permitting, inspecfion, and
enforcement duties within its territorial jurisdiction. This action is sub-
ject to board approval of the designation and certification of the contract
LEA or the joint powers LEA.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Secfions 43200-45601, Public Resources Code.
History
1. Amendment of article heading and section text filed 12-17-91; operative
12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No.
13).
2. Amendment filed 10-26-94; operative 10-26-94 pursuant to Government
Code section 1 1346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending article heading and section filed
10-17-2007 pursuant to section 100, title 1, California Code of Regulations
(Register 2007, No. 42).
§ 18051. Designation of a Local Agency.
Each local governing body that wishes to designate a local agency
shall so nofify the board. The notice of designation, by the local govern-
ing body of a local agency, shall be part of a designation information
package (DIP) which includes the following information:
(a) A completed form CIWMB 1000 "Notice of Designafion of Local
Agency" (1994), which is incorporated herein by reference (See Appen-
dix A.);
(b) A cover letter requesting approval of the designation by the board;
(c) Copies of all resolutions and other official documents necessary to
establish the manner in which Article 1 of Chapter 2 (commencing with
Section 43200) and Chapter 4 (commencing with 44308) of the Public
Resources Code and Secfion 18060 of this Chapter have been safisfied;
(d) An organizafional chart documenfing the separafion of the desig-
nated agency from public agencies or departments that are the operating
units under the local governing body;
(e) An organizafional chart documenting the organizafion of the desig-
nated agency;
(f) An idenfification of each required hearing panel or hearing officer
pursuant to Section 18060 and 18081(e)(2) of this Chapter;
(g) A tabulation of city resolutions including the lisfing of all city
names, their populafions, and the percent of cifies and populations ap-
proving the designafion for the jurisdicfion;
(h) An enumerafion of every solid waste facility and disposal site in
the jurisdicfion including permitted, closed, abandoned, exempt, illegal,
and inacfive facilifies. The enumerafion shall include the site address or
location, the owner(s) and operator(s) name(s), address(es), and site/em-
ergency telephone numbers, and shall state whether the site or facility lies
within the unincorporated area of the jurisdiction, or within an incorpo-
rated city and the city name; and
(i) An enumerafion of every solid waste handling and collecfion opera-
tor in the jurisdicfion. The enumerafion shall include the requirements of
14 CCR 17332.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200 and 43203 through 43207, Public Resources
Code.
Page 795
Register 2007, No. 42; 10-19-2007
§ 18052
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Amendment of section heading and text filed 12-7-91; operative 12-7-91 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 13).
2. Amendment of section filed 10-26-94; operafive 10-26-94 pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Reeulations (Register 96, No.
14).
4. Change without regulatory effect amending subsection (c) filed 3-8-99 pur-
suant to section 100. title 1, California Code of Regulations (Register 99, No.
11).
5. Change without regulatory effect amending subsection (f) filed 10-17-2007
pursuant to section 100, title 1, Cahfornia Code of Reeulations (Register 2007.
No. 42).
§ 18052. Redesignation of Existing LEAs.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200 and 43203^3207, Public Resources Code.
History
1 . Repealer and new secfion filed 12-17-91 ; operafive 12-17-91 pursuant to Gov-
ernment Code secfion 1 1346.2(d) (Register 92, No. 13).
2. Repealer filed 10-26-94; operative 10-26-94 pursuant to Government Code
section 1 1346.2(d) (Register 94, No. 43).
§ 18053. Distribution of Notice of Designation.
NOTE: Authority cited: Secfions 40502, 43020 and 43200, Public Resources
Code. Reference: Secfion 66796.21, Government Code.
History
1. Repealer filed 12-17-91; operafive 12-17-91 pursuant to Government Code
section 11346.2(d) (Register 92, No. 13).
§ 18054. Review of Designation.
(a) Upon receipt of the designation information package (DIP), pur-
suant to Section 18051, the board staff shall, within 45 days, review the
designation and notify the local agency and the designating local govern-
ing body in writing whether or not the proposed DIP is complete and ac-
cepted by the board staff. Should the DIP be incomplete, the local govern-
ing body and/or its designated local agency shall provide to the board the
specific missing information thereby starting a new 45 day review period
from the date of resubmittal.
(b) The board shall use the following criteria when reviewing designa-
tions:
(1) the designated agency shall demonstrate capability and experience
in the enforcement of public health and environmental regulations;
(2) the designation and certification must be consistent with the en-
forcement scheme contemplated in the Countywide Integrated Waste
Management Plan upon its adoption and the LEA's Enforcement Pro-
gram Plan (EPP); and
(3) The designated local agency shall fully comply with certification
requirements pursuant to Article 2.1 of this chapter.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200, 43203 and 43204, Public Resources Code.
History
1. Amendment filed 12-17-91; operafive 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (b)(1) and (b)(2) and repealer and new subsec-
tion (b)(3) filed 10-26-94; operative 10-26-94 pursuant to Government Code
secfion 1 1346.2(d) (Register 94, No. 43).
§ 18055. Effective Date of Designation.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200-43219, Public Resources Code.
History
1. Amendment filed 12-17-91; operafive 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Repealer filed 10-26-94; operative 10-26-94 pursuant to Government Code
secfion 11346.2(d) (Register 94, No. 43).
§ 18056. Local Governing Body Witlidrawal of LEA
Designation.
(a) A designation of an LEA may be withdrawn by the local governing
bodies that originally made the designation. Notice of the withdrawal
shall be given to the board a minimum of 90 days in advance of the de-
sired effective date of the withdrawal. This shall be done by a local gov-
erning body resolution or other official document in the same manner the
designation was made. The notice of withdrawal shall specify whether
a new local agency is to be designated, or whether the local governing
body intends to have the Board become the new enforcement agency. If
the notice of withdrawal provides that a new local agency is to be desig-
nated, then the withdrawal of designation shall be expressly condifioned
on board approval of the new designation. If the notice of withdrawal
states that it is the local governing body's intention for the board to be-
come the new enforcement agency, then the withdrawal of designation
should not become effective until the Board nofifies the local governing
body that it is prepared to assume responsibility as the enforcement
agency. The Board shall provide such notification on or before: (1) the
end of the current fiscal year; or (2) 90 days after the nofice of withdrawal
is given to the Board, whichever is later. The Board shall then become
the enforcement agency.
(b) All enforcement actions, pending violations, orders of corrections,
request for technical reports, or other enforcement agency efforts to
achieve compliance with state requirements (including LEA enforce-
ment actions and state minimum standards and permits) which were in
effect under the departing LEA shall remain in effect under the jurisdic-
tion of the new enforcement agency.
(c) Notice of designation of a new local agency shall be made in the
manner specified in Section 18051.
NOTE: Authority cited: Sections 40502. 43020 and 43200, Public Resources
Code. Reference: Sections 43203, 43206 and 43216, Public Resources Code.
History
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a) filed 10-26-94; operative 10-26-94 pursuant to
Government Code section 1 1 346.2(d) (Register 94, No. 43).
3. Amendment of secfion heading and section filed 7-25-2002; operafive
8-24-2002 (Register 2002, No. 30).
§ 18060. Appointment of Hearing Panel(s) or Hearing
Officers.
(a) Before the board can approve a designation, the designated local
agency's local governing body shall appoint a hearing panel or hearing
officer. The hearing panel shall be composed of either members of the
local governing body or an independent hearing panel pursuant to Sec-
tion 18081(e)(2). There shall be an independent hearing panel or hearing
officer when in the jurisdiction of the enforcement agency there exists a
publicly owned or operated solid waste facility or disposal site.
(b) Notice of the appointment of a hearing panel(s) or hearing officer
shall be given the board and shall include the following:
(1) The name of each member and her or his position in the local gov-
erning body. If an independent hearing panel is appointed pursuant to
Section 44308 of the Public Resources Code, an indication of which per-
son is the technical expert in solid waste management, which person is
the member of the local governing body, and which person is the repre-
sentative of the public at large;
(2) the address to which filings and correspondence shall be mailed;
(3) indication whether each hearing panel was appointed pursuant to
Section 44308(a)(1) or (a)(2) of the Public Resources Code; and
(4) the date, terms and conditions of the appointment.
(c) Nofices of appointments to vacant positions on the hearing panel
or hearing officer shall be given in the same manner.
(d) When the board serves as the enforcement agency, hearing panels
shall be as set forth in Public Resources Code Section 44309.
NOTE: Authority cited: Secfions 40502, 43020 and 43200, Public Resources
Code. Reference: Secfions 43200 and 44308, Public Resources Code.
History
1. Amendment filed 12-17-91; operative 12-17-91 pursuant to Government
Code secfion 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (b)(1) and (b)(3), repealer of subsection (b)(4)
and subsection renumbering, and amendment of subsection (c) and Note filed
10-26-94; operative 10-26-94 pursuant to Government Code section
1 1346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsecfions (b)(1), (b)(3) and (d)
and amending NOTE filed 3-8-99 pursuant to section 100, fitle 1, California
Code of Regulafions (Register 99, No. 1 1 ).
Page 796
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18072
4. Change without regulatory effect amending section heading and subsections
(a)-(b) and (c) filed 10-17-2007 pursuant to section 100, title L California
Code of Regulations (Register 2007. No. 42).
•
Article 2.1. LEA Certification Requirements
§18070. Scope.
(a) This article sets forth the LEA certification types, the requirements
for certification and certification maintenance including, but not limited
to: technical expertise, adequacy of staff resources, adequacy of budget
resources, training, and the LEA's Enforcement Program Plan (EPP),
which the designated local agency shall develop, submit for board ap-
proval, and adopt pursuant to Public Resources Code Section 43209(e)
and Section 18077 of this Chapter, and the periodic review of the LEA
certification(s) pursuant to Article 2.2 of this Chapter.
(b) After certification(s) is issued and upon board approval, the desig-
nated local agency shall become the sole LEA in its jurisdiction, and shall
maintain and comply with its board approved EPP to exercise its statuto-
ry power and authority pursuant to Division 30 of the Public Resources
Code, 14 CCR Division 7, and 27 CCR Division 2, Subdivision 1
(§20005 et seq.). The LEA shall enforce the state and local minimum
standards for solid waste collection, handling, storage, and disposal for
the protection of the air, water, and land from pollution and nuisance, and
for the protection of the public health and safety, and the environment.
This Article also addresses board directories of hearing panels or hearing
officers and enforcement agencies.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200-45601, Public Resources Code.
History
1 . Repealer and adoption of new section, article heading and Note filed 1 2-1 7-91 ;
operative 12-17-91 pursuant to Government Code section 11346.2(d) (Regis-
ter 92, No. 13).
2. Amendment filed 10-26-94; operative 10-26-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (b) filed 3-8-99 pur-
suant to section 100, title 1, California Code of Regulations (Register 99, No.
11).
4. Change without regulatory effect amending subsection (b) filed 10-17-2007
pursuant to section 100, title 1, California Code of Regulations (Register 2007,
No. 42).
§ 1 8071 . Types of Certification.
(a) The Board may approve a designated local agency and issue certifi-
cation(s) to the local agency in one or more of the following types of certi-
fications:
(1) Type "A": permitting, inspection, and enforcement of regulations
at solid waste disposal sites;
(2) Type "B": permitting, inspection, and enforcement of regulations
at solid waste transformation facilities;
(3) Type "C": permitting, inspection, and enforcement of regulations
at transfer and processing stations, materials recovery facilities, and
composting facilities; and
(4) Type "D": inspection and enforcement of litter, odor, and nuisance
regulations at solid waste landfills.
(b) In jurisdictions where LEAs lack a certification to permit a new
type of facility, the permit application, for that type of facility, shall be
filed by the applicant with the board. The LEA shall, within 120 days of
the permit application, obtain certification for this facility type, or the
board shall review the performance of the LEA pursuant to Section
18051 and Article 2.2 of this Chapter and compliance with Public Re-
sources Code Section 43201.
(c) An LEA lacking a specific certification type pursuant to 18071(a)
may submit a new complete EPP for board review and request issuance
of an additional certification to perform permitting, inspection, and en-
forcement duties in another jurisdiction, or inspection and enforcement
duties in its jurisdiction, both pursuant to Article 2.1 of this Chapter, and
subsequent to board approval.
(d) When in the LEA's jurisdiction only one permitted solid waste dis-
posal facility exists and its permit is surrendered, the LEA shall retain its
type "A" certification, unless the LEA certification is withdrawn by the
board.
( 1 ) For LEAs to be issued type "D" certification they shall be required
to have type "A" certification.
(e) A designated local agency shall demonstrate that it meets the certi-
fication requirements for each certification type requested. The LEA
shall maintain compliance with the requirements of this Chapter.
(f) Sections 1 807 1 through 1 8075 of this Article set forth the LEA cer-
tification requirements pursuant to Public Resources Code Section
43200.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200-43204 and 43209, Public Resources Code.
History
1. New section filed 12-17-91; operafive 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (b) and (e) filed 10-26-94; operative 10-26-94
pursuant to Government Code section 1 1 346.2(d) (Register 94, No. 43).
§ 18072. Technical Expertise.
(a) Performance of permitting, inspecfion, and enforcement duties and
responsibilities of comprehensive solid waste enforcement issues shall
reside solely within an LEA. The LEA shall have one or more full time
staff members dedicated solely for solid waste issues. For all certificafion
types the dedicated staff shall be composed of at least one registered envi-
ronmental health specialist (REHS), pursuant to Sections 106600
through 106735 of the Health and Safety Code. Addifional staff for per-
mitting, inspecfion, and enforcement dufies may be a REHS(s), or per-
son(s) meeting the requirements of Sections 106635 of the Health and
Safety Code, as certified by the LEA program director or manager.
(1) The REHS shall have experience and training in solid waste en-
forcement. This experience and training shall be current and subsequent
to the enactment of the California Integrated Waste Management Act of
1989 commencing with Section 40000 of the PRC.
(2) The REHS experience and training shall include the following:
(A) permitfing and closure/postclosure duties as described in 14 CCR
18082;
(B) inspecfion dufies as described in 14 CCR 18083; and
(C) enforcement dufies as described in 14 CCR 18084.
(3)(A) For type "A" certification, pursuant to 14 CCR 18071(a)(1),
LEA review of documents or reports generated pursuant to engineering
requirements of Public Resources Code Division 30 and 27 CCR Divi-
sion 2, Subdivision 1 (§20005 et seq.), beyond the technical abiUfies of
the LEA's staff, shall be performed by public and private enfifies as spe-
cified in the LEA's EPP, whose staff meet the following definifions con-
tained in 27 CCR 20164: "Cerfified Engineering Geologists," "Regis-
tered Civil Engineer," and "Soil Engineer."
(B) The LEA review in subsecfion (a)(3)(A) may be contracted for by
the LEA or the LEA may use appropriate CI WMB staff to perform those
duties.
(4) For type "B" and "C" certificafions, pursuant to 14 CCR
1807](a)(2 and 3), LEA review of documents or reports generated pur-
suant to engineering requirements of Public Resources Code Division 30
and 14 CCR Division 7, may be performed by public and private entities,
as specified in the LEA's EPP, under contract to the LEA. which meet
the following definifions contained in 27 CCR 20164: "Cerfified Engi-
neering Geologists," "Registered Civil Engineer," and "Soil Engineer."
(b) Counties or cities may have contracts or joint powers agreements
pursuant to Government Code, section 6500 et. seq. or as authorized by
law, with another county, city, or a joint powers jurisdicfion LEA to pro-
vide permitfing, inspecfion, and enforcement duties and responsibilifies
in the designated jurisdicfion of the local governing body(s), with ap-
proval of the board. The above contracts or joint powers agreements shall
preclude conflict of interest between the cifies or counfies, their desig-
nated LEA, or the LEA's consultants and facility operators in the juris-
dicfion. The following consulted professionals defined in 27 CCR 20164
shall not be facility operators or consultants for solid waste facilities or
disposal sites within the LEA's jurisdicfion unless approved by the
board: "Cerfified Engineering Geologists," "Professional Land Survey-
Page 797
Register 2007, No. 42; 10-19-2007
§ 18073
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
or," "Registered Civil Engineer," "Registered Geologist," and "Soil En-
gineer."
(c) Any opinion, report, analysis, or other deliverable provided to an
LEA through contract or joint powers agreement shall be endorsed, af-
firmed or denied by the contracting LEA.
(d) Notwithstanding subsection (a), designated local agencies for ju-
risdictions having a population of less than 50.000 persons and existing
LEAs whose jurisdictional population grows beyond 50,000 persons, but
does not exceed 80,000 persons, may alternately implement the follow-
ing staffing provisions to demonstrate their technical expertise and ade-
quacy of staff resources.
(1) staffing shall be determined and submitted for board approval pur-
suant to 14 CCR 18073; and
(2) permitting, inspection, and enforcement duties, for a designated lo-
cal agency having demonstrated its adequacy of staff resources with one
or less full time staff member, shall be performed by one individual
REHS.
(e) Designated local agencies, which elect subsection (d) to fulfill
staffing requirements, shall be issued temporary certification(s) by the
board.
(1) This temporary certification(s) shall expire upon conclusion of the
LEA performance evaluation by the board.
(2) The LEA shall be issued full certification(s) by the board when the
evaluation confirms LEA compliance with Article 2.2 of this Chapter.
(f) LEAs with one or less staff members shall, upon the loss of staff,
provide staff resources meeting the requirements of this section within
90 days, or the board shall become the enforcement agency within the
LEA's jurisdiction until another local designated agency is approved and
issued certification(s) by the board.
(g) The LEA shall resume temporary certification(s) status when staff
is replaced pursuant to subsection (f) until the requirements of subsection
(e)(1) and (2) are met.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200^3204, 43207 and 43209, Public Resources
Code.
History
1. New section filed 12-17-91: operative 12-17-91 pursuant to Government
Code section 11 346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), new subsections (a)(l)-(a)(2)(C) and subsection
renumbering, amendment of subsection (b), and new subsections (d)-(g) filed
10-26-94; operative 10-26-94 pursuant to Government Code section
1 1346.2(d) (Register 94, No. 43).
3. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
4. Change without regulatory effect amending subsections (a), (a)(3)(A), (a)(4)
and (b) filed 3-8-99 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 99, No. 1 1 ).
5. Amendment of subsection (d) filed 8-10-2004; operative 9-9-2004 (Register
2004, No. 33).
6. Change without regulatory effect amending subsection (a) filed 10-17-2007
pursuant to section 100, title 1, California Code of Regulations (Register 2007,
No. 42).
§ 1 8073. Adequacy of Staff Resources.
(a) The LEA shall demonstrate the adequacy of its staff resources by
submitting documentation of the following analyses:
(1) the number and type of operating and non-operating solid waste
facilities, disposal sites, and collection and handling equipment;
(2) the number of annual compliance and projected complaint inspec-
tions based on the previous year's records and anticipated additions or
deletions;
(3) the time allocation requirements of local agency staff for:
(A) inspections, travel, research, analysis of findings, and documenta-
tion;
(B) enforcement activities including warnings, notices, meetings,
hearings, legal proceedings, and documentation;
(C) permit activities including reviews, modifications and revisions,
and closure or postclosure activities, including applications and plan re-
views, site evaluations and investigations, and documentation;
(D) corrective actions including: review and approval of site investi-
gations, assessments, characterizations, remediation alternatives, and
corrective measures;
(E) training including field, meetings, seminars, workshops, courses,
and literature reviews;
(F) management including day to day operation scheduling, and su-
pervision; and
(G) support staff both technical and non-technical.
(4) The staff resources shall be computed based on a Full Time Equiva-
lence (FTE) not to exceed 230 eight hour work days per year per person.
The FTE baseline hours shall be identified in the EPP.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200-43204 and 43209, Public Resources Code.
History
1. New section filed 12-17-91; operative 12-17-91 pursuant to Government
Code secuon 11 346.2(d) (Register 92, No. 13).
2. Amendment of subsecfions (a) and (a)(2) filed 10-26-94; operative 10-26-94
pursuant to Government Code secfion 1 1346.2(d) (Register 94, No. 43).
§ 18074. Adequacy of Budget Resources.
(a) The LEA shall maintain a budget accounting process capable of
identifying expenditures and revenues which are adequate to fulfill their
LEA duties and responsibilities pursuant to its board approved EPP, this
chapter, and Part 4 and 5 of Division 30 of the Public Resources Code.
Additionally, LEAs shall, at the beginning of each fiscal year upon adop-
tion by the local governing body, submit to the board supporting informa-
tion demonstrating budget adequacy.
(1) The LEA shall use methods that demonstrate adequate budget re-
sources for implementing the provisions of this Article. The LEA shall
account for all anticipated expenditures, including but not limited to the
following:
(A) staffing pursuant to 14 CCR 18073;
(B) monitoring and testing materials and equipment;
(C) health and safety protection equipment and materials for staff;
(D) travel and per diem for training seminars, conferences, etc.;
(E) enforcement actions including staff time and independent legal
counsel costs to preclude conflict of interest and lack of timely initiation
of legal actions pursuant to 14 CCR 18051(b)(6) and 14 CCR 18084;
(F) consultant and technical support;
(G) transportation; and
(H) agency overhead.
(2) LEAs shall identify their revenue by sources and amounts. Sources
may include, but are not hmited to:
(A) Funds from LEA Grant(s) Account;
(B) Permitting Fee(s);
(C) Inspection or Service Fee(s);
(D) Post Closure Fee(s);
(E) Tipping and Tonnage Fee(s);
(F) 5 Year Permit Review Fee(s);
(G) General Fund; and
(H) Other (specify).
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources
Code.
History
1. New section filed 12-17-91; operafive 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
§ 18075. Training Requirements.
(a) LEA personnel shall be trained in solid waste enforcement. The
LEA's training program shall be coordinated with the board as well as
other state and local agencies, be part of the LEA' s Enforcement Program
Plan pursuant to 14 CCR 18077, and provide specific training in the fol-
lowing areas:
(1) permitting, inspection, and enforcement duties and responsibilities
pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR
Division 7 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), and
local ordinances and resolutions relating to solid waste collection, handl-
ing, processing, storage, and disposal;
(2) inspection techniques and scheduling;
Page 798
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18078
(3) preparation for hearing panel or hearing officer and court proceed-
ings;
(4) administration practices within a solid waste enforcement pro-
gram;
(5) monitoring equipment, data evaluation, and interpretation of the
results as related to solid waste enforcement;
(6) attendance of board approved seminars and workshops;
(7) field staff health and safety training in the categories of: planning
of field inspections, safety equipment, on-site procedures, decontamina-
tion and hazard recognition, and avoidance; and
(8) for type "A" certification, specific training in performance stan-
dards pursuant to 27 CCR 20695, when applicable.
NOTE: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Re-
sources Code. Reference: Sections 43200-43204 and 43209, Public Resources
Code.
History
1. New section filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a) and (a)(5)-(a)(7) filed 10-26-94; operative
10-26-94 pursuant to Government Code section 1 1346.2(d) (Register 94, No.
43).
3. Change without regulatory effect amending subsections (a)(1) and (a)(8) filed
3-8-99 pursuant to section 100, title 1, Califomia Code of Regulations (Regis-
ter 99, No. 11).
4. Change without regulatory effect amending subsection (a)(3) filed 10-1 7-2007
pursuant to section 100, title 1 , California Code of Regulations (Register 2007,
No. 42).
§ 1 8076. Request for and Review of Certification.
(a) Within 45 days of receipt of a request for cerdfication(s), the board
shall notify the requesting local agency in writing as to whether the re-
quest in the form of an Enforcement Program Plan (EPP) pursuant to Sec-
tion 18077 of this Chapter is:
(1) complete and accepted and shall be reviewed; or
(2) the EPP is incomplete and what specific information is missing,
and needs to be submitted to the board to provide for a complete EPP. The
board will require the agency to provide the specific missing information,
thereby starting a new 45 day process from the date of resubmittal.
(b) When an EPP is complete and accepted, the board shall have 60
days from the date of the acceptance, to conduct a review of the designa-
tion and certification information in the EPP.
(1) The board shall issue a certification(s) decision stating which types
of certification are to be issued or denied, and that the designation and
EPP are approved or disapproved. A copy of the board decision shall be
sent to the requesting agency, its local governing body, and all appropri-
ate State agencies.
(2) If during the review process the board finds any specific deficien-
cies, it shall notify the requesting agency within 45 days from the date of
acceptance for review. A new 60 day review period shall begin on the
date of resubmittal.
(c) The board may elect to issue temporary LEA certification(s) and/or
designation approval for specific time periods.
(d) After approval of the EPP, the board shall periodically review the
LEA's enforcement program plan (EPP) and its implementation of the
permitting, inspection, and enforcement programs pursuant to Public Re-
sources Code Sections 43209 and 43214.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Secfion 43200-43209, Public Resources Code.
History
1. New section filed 12-17-91; operative 12-17-91 pursuant to Government
Code secfion 11346.2(d) (Register 92, No. 13).
2. Amendment of subsections (a), (a)(2) and (b)(2), repealer and new subsection
(c), new subsection (d) and amendment of Note filed 10-26-94; operative
10-26-94 pursuant to Government Code section 1 1346.2(d) (Register 94, No.
43).
§ 18077. Enforcement Program Plan (EPP).
(a) The LEA shall develop, adopt, and submit for board approval an
EPP pursuant to Public Resources Code Section 43209(e). The EPP shall
embody the designafion and certification requirements and demonstrate
that the LEA meets all the requirements pursuant to Public Resources
Code Sections 43200, 43203, 43207, and 43209, 14 CCR Division 7,
Chapters 3 and 5, and 27 CCR Division 2, Subdivision 1 (Section 20005
et seq.). At a minimum, the EPP shall include the following written com-
ponents:
(1) a certification request letter;
(2) an accepted designation information package (DIP) pursuant to 14
CCR Section 18051;
(3) a statement of EPP goals and objectives;
(4) a copy of the enabling ordinance(s) or resolufion(s) for the LEA ju-
risdictional authority;
(5) a copy of all local solid waste collection, handling, storage, and dis-
posal statutes or ordinances;
(6) a comprehensive list ofall types ofsolid waste facilities and dispos-
al sites, and sohd waste handling and collection vehicles within the juris-
diction;
(7) a time task analysis demonstrating the adequacy of staff resources
pursuant to 14 CCR Section 18073;
(8) a demonstration of staff technical expertise;
(9) an operating budget demonstrating adequacy of budget resources
pursuant to 14 CCR Section 18074;
(10) a detailed staff training procedure pursuant to 14 CCR Section
18075;
( 1 1) a procedure manual for solid waste facility permitting and closure
or postclosure;
(12) a procedure manual for random and unannounced inspection and
investigation, compliance assurance, enforcement, and hearing panel or
hearing officer utilization; and
(13) a procedure manual for disposal site identification, assessment,
and correcdve actions.
NOTE: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Re-
sources Code. Reference: Sections 43200-43209, Public Resources Code.
History
1. New section filed 12-17-91; operafive 12-17-91 pursuant to Government
Code secfion 1 1346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a)(2), repealer of subsection (a)(4) and subsection
renumbering, new subsection (a)(7), repealer and new subsecfions (a)(8) and
(a)(9) and subsection renumbering, new subsection (a)(ll), and repealer and
new subsections (a)(12) and (a)(13) filed 10-26-94; operative 10-26-94 pur-
suant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsecfion (a) filed 3-8-99 pur-
suant to section 100, title 1, Califomia Code of Regulations (Register 99, No.
11).
4. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
5. Change without regulatory effect amending subsection (a)(12) filed
10-17-2007 pursuant to section 100, fitie 1, Califomia Code of Regulations
(Register 2007, No. 42).
§ 18078. Directory of Enforcement Agencies, Hearing
Panels, and Hearing Officers.
The board shall maintain a statewide directory of hearing panels, hear-
ing officers and local enforcement agencies as approved and issued certi-
fication(s) by the board. The directory shall include a description of the
jurisdiction and mailing address of each and shall be open to the public
inspection pursuant to Article 4 of Chapter 1 of this division. The board
shall promptly respond to inquiries by the pubhc regarding the identity
or location of an enforcement agency, hearing panel, or hearing officer.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43200, 43201, 43204, 44800 and 44801, Public Re-
sources Code.
History
1. Renumbering and amendment of former section 18070 to section 18078 filed
12-17-91: operative 12-17-91 pursuant to Government Code section
11346.2(d) (Register 92, No. 13).
2. Relocation and amendment of Form 1000 (including illustration of Designation
and Certification Process) filed 10-26-94; operative 10-26-94 pursuant to
Government Code section 11 346.2(d) (Register 94, No. 43).
3. Change without regulatory effect moving forms to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
4. Change without regulatory effect amending section heading and section filed
10-17-2007 pursuant to section 100, tide 1, Califomia Code of Regulations
(Register 2007, No. 42).
Page 799
Register 2007, No. 42; 10-19-2007
§ 18080
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Article 2.2. LEA Performance Standards,
Evaluation Criteria, and Duties and
Responsibilities
§18080. Scope.
This Article, pursuant to Public Resources Code Section 43214, sets
forth the LEA' s duties and responsibilities, performance standards, certi-
fication maintenance requirements, and board evaluation of LEAs.
NOTE: Authority cited: Sections 40502, 43020. 43200 and 43214, Public Re-
sources Code. Reference: Sections 43209, 432 14, 4321 5, 4321 6 and 432 1 9, Public
Resources Code.
History
1. New section filed 12-17-91: operative 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92. No. 13).
2. Repealer of subsection (a) designator filed 4-12-2001; operative 5-12-2001
(Register 2001, No. 15).
§ 1 8081 . LEA Performance Standards and Evaluation
Criteria.
(a) In performing its permitting, closure and postclosure, inspection,
and enforcement functions, the LEA shall meet its duty requirements and
comply with the standards pursuant to Public Resources Code Division
30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2, Subdivision
I (§20005 et seq.) and its EPP. Deviation from these standards may result
in a performance review by the board pursuant to Public Resources Code
Sections 43214, 43215 and 43219, including establishment of LEA com-
pliance schedules or withdrawal of designation and certification(s) ap-
provals. The board's evaluation and decisions will consider the severity
of the deviation(s) as related to the potential negative impacts on public
health, safety or the environment.
(b) The LEA shall be assessed for compliance with the certification re-
quirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Re-
sources Code Section 43209, and its board-approved EPP.
(c) All facilities and disposal sites within the LEA' s jurisdiction shall:
(1) be in compliance with the state minimum standards and either the
terms and conditions of the solid waste facility permits, the board-ap-
proved final closure and postclosure maintenance plans, have completed
postclosure maintenance and monitoring pursuant to 27 CCR Sections
21 180 and 21 900, or have ceased operation prior to January 1, 1988; and
(2) be permitted, exempted, governed by board-approved final clo-
sure and postclosure maintenance plans, or have completed postclosure
maintenance and monitoring pursuant to 27 CCR Sections 21180 and
21900; or
(3) be under appropriate enforcement action(s) pursuant to 1 4 CCR
Section 18084 to remedy any violations.
(d) All operations within the LEA' s jurisdiction shall:
(1) be in compliance with the state minimum standards, as appHcable;
and
(2) meet notification requirements as applicable; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR
Section 18084 to remedy any violations.
(e) All LEA's shall retain their certification(s) and designation approv-
als by maintaining compliance with their board-approved EPP and this
Chapter.
(1) The LEA shall provide for, obtain, and maintain the necessary
technical, safety and regulatory equipment, clothing and vehicles for
field inspectors. The LEA shall identify in its board-approved EPP what
constitutes "necessary" for staff safety and field monitoring, measure-
ment, inspection, and enforcement requirements for all its sohd waste en-
forcement duties and responsibilities and its certification(s).
(2) When in the jurisdiction of the EA there exists a publicly owned
or operated solid waste facility or disposal site, the local governing body
shall maintain an independent hearing panel or hearing officer for permit,
enforcement and appeal purposes, as per Section 18060 of this Chapter
and Sections 44308 through 44310 of the Public Resources Code.
(3) The LEA/EA shall provide for technical review of corrective ac-
tions and postclosure land use pursuant to Sections 43500-^3510 and
45000 of the Public Resources Code.
(4) The components of the EPP shall be reviewed and amended by the
LEA annually or more frequently as determined by the board to reflect
any changes. The amended components shall be submitted to the board
for approval.
(f) The LEA/EA shall perform all applicable duties related to the Cali-
fornia Environmental Quality Act, Public Resources Code Sections
21000 et. seq.
NOTE: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public
Resources Code. Reference: Sections 43200^3204, 43207 and 43209, Public Re-
sources Code.
History
1. New section filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 13).
2. Amendment of subsections (d)(1), (d)(2) and (d)(4) filed 10-26-94; operative
10-26-94 pursuant to Government Code section 1 1346.2(d) (Register 94, No.
43).
3. Change without regulatory effect amending subsection (a) filed 3-8-99 pur-
suant to section 100, title 1, California Code of Regulations (Register 99, No.
11).
4. Amendment filed 4-12-2001; operafive 5-12-2001 (Register 2001, No. 15).
5. Change without regulatoi7 effect amending subsection (e)(2) filed 1 0-1 7-2007
pursuant to section 100, title 1, California Code of Regulafions (Register 2007,
No. 42).
§ 18082. LEA Duties and Responsibilities for Permitting
and Closure or Postclosure.
(a) The LEA/EA shall implement the solid waste facility permitting
regulations pursuant to Public Resources Code Division 30, Parts 4 and
5, 14 CCR Division 7, Chapter 5, 27 CCR, Division 2, Subdivision 1
(§20005 et seq.), and its EPP, where applicable, as follows:
(1) applications:
(A) verify the submission of required documents, site and personnel
information, and fees;
(B) evaluate the apphcation documents for accuracy and conformity
to the EPP and the appropriate state standards cited in subsection (a) of
this Section;
(C) review for short and long term environmental impacts, damage,
and proposed mitigation measures;
(D) decide whether or not to accept the application and proceed with
a proposed permit for board approval;
(E) initiate appropriate public notice and comment period; and
(F) submit copies of the above documents, notices, comments, and re-
sponses to the board.
(2) proposed permits:
(A) prepare permits with specific conditions for design, operation, and
adverse environmental effect, monitoring and mitigation;
(B) submit proposed permits to the board and the applicant;
(C) allow a waiting period for review, concurrence, or objection by the
board, and modification by the LEA/EA as required;
(D) issue or deny the issuance of the solid waste facilities permit, upon
satisfactory conclusion of the above process; and
(E) the LEA/EA shall act upon applications and plans to generate a
proposed solid waste facihties permit within the required regulatory and/
or statutory time frames.
(3) closure and postclosure:
(A) pursuant to Public Resources Code Division 30 Parts 4 and 5 and
27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and the EPP, the
LEA/EA shall require any person owning or operating a solid waste land-
fill to submit for LEA/EA and board approval the following:
1. plans for the landfill closure and postclosure maintenance;
2. estimates of closure and postclosure maintenance costs; and
3. evidence of financial mechanisms to insure adequate availability of
funds.
NOTE: Authority cited: Secfions 40502, 43020, 43200 and 43214, Public Re-
sources Code. Reference: Sections 43200, 43209, 43500-43606, 44001-44017
and 44300, Public Resources Code.
•
Page 800
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18084
History
1. New section filed J2-17-91; operative 12-17-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a)(3)(A) filed 10-26-94; operative 10-26-94 pur-
suant to Government Code section 1 1 346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a) and (a)(3)(A) filed
3-8-99 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 99, No. 11).
4. Amendment of section and Note filed 4-12-2001 ; operative 5-12-2001 (Reg-
ister 2001, No. 15).
§ 18083. LEA Duties and Responsibilities for Inspections.
(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and
14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision
1 (§20005 el seq.), and its EPP, theLEA/EA shall inspect and investigate
solid waste collection, handling, and storage, solid waste facilities, op-
erations and disposal sites and equipment to verify compliance with the
state minimum standards, solid waste facilities permits, and related state
solid waste laws and regulations within their purview for the protection
of the environment and the public health and safety. The LEA/EA shall
perform these inspections and related duties as required below, and for-
ward inspection reports to the operator and/or owner, and the board with-
in 30 days of the inspection:
(1) weekly, for sites operating on performance standards pursuant to
27 CCR Section 20695;
(2) monthly, for all active and inactive facilities, and for illegal sites
and facilities, pending abatement by enforcement action(s);
(3) at the frequency required by the state minimum standards for each
type of operation regulated under the EA Notification tier.
(4) quarterly, for closed sites, abandoned sites, and sites exempted pur-
suant to 27 CCR Section 21565. For closed sites, inspections shall be
made until no potential threat exists to public health and safety or the en-
vironment. This determination shall be subject to board approval. For the
purposes of this subsection, the enumeration, and the workload analysis,
a closed site means a site that has ceased accepting waste and, should be
closed, is undergoing closure, or has met applicable closure require-
ments;
(A) the board may approve an alternate inspection frequency for these
sites where such an action will not result in adverse impact on public
health and safety and the environment.
(5) if an LEA has been designated as the EA for waste tire facilities or
entered into an agreement with the board through a grant program to in-
spect waste tire facilities, major waste tire facilities shall be inspected an-
nually and minor waste tire facilities shall be inspected at least once every
two and a half years pursuant to 14 CCR Section 18443;
(6) upon receipt of a complaint or emergency notification which can-
not be resolved off-site;
(7) as necessary, pursuant to the EPP, upon receipt of a solid waste fa-
cilities permit application, revision, review, RFl amendment, or closure/
postclosure plan; and
(8) pursuant to the EPP, for solid waste handling and collection equip-
ment.
(b) As specified in their EPP pursuant to Section 18077, the LEA/EA
shall conduct any of the above inspections, whenever possible, without
prior notice to the owner or operator, on randomly selected days, during
normal business hours or the site's operating hours.
NOTE: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Re-
sources Code. Reference: Sections 43200, 43209, 4321 8, 44100 and 44101, Public
Resources Code.
History
1. New section filed 12-17-91; operative 12-17-91 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), repealer of subsection (a)(1) and subsection re-
numbering, new subsection (a)(2), repealer and new subsections (a)(3)-(a)(7),
new subsection (b) and amendment of Note filed 10-26-94; operative
10-26-94 pursuant to Government Code section 1 1346.2(d) (Register 94, No.
43).
3. Change without regulatory effect amending subsections (a), (a)(1) and (a)(3)
filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations
(Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. II).
§ 18084. LEA Duties and Responsibilities for Enforcement
(a) Ifduring an inspection, investigation, or at any other tiine, the LEA/
EA finds a solid waste facility, operafion, or disposal site, is in violation
of state minimum standards, the terms and conditions of a permit, or any
related state solid waste laws or regulations within their purview, the
LEA/EA shall enforce the applicable provisions as required by PRC Di-
vision 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2,
Subdivision 1 (§20005 et seq.), and its EPP. The LEA/EA enforcement
actions shall address the following categories of violations:
(1) operational violations, pursuant to 14 CCR Division 7, Chapter 3
and 3.1 , 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and Divi-
sion 30 of the Public Resources Code;
(2) emergency violations, pursuant to subsection (1) above which
present an iinminent threat to public health and safety, or the environ-
ment an require immediate action pursuant to Part 5, Division 30 or the
Public Resources Code;
(3) permit violafions, pursuant to Public Resources Code Division 30
Part 4, Chapter 3 and 14 CCR Division 7, Chapter 5, and 27 CCR, Divi-
sion 2, Subdivision 1 (§20005 et seq.);
(4) closure and postclosure violations, pursuant to Public Resources
Code Division 30, Part 4, Chapter 2, Arficles 3 and 4, Part 5, and 27 CCR,
Division 2, Subdivision 1 (§20005 et seq.);
(b) LEA/EA enforcement action options include, but are not limited
to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivi-
sion 1 (§20005 et seq.), and Pubhc Resources Code Division 30 Parts 4
and 5.
(c) If in the course of an enforcement action, the LEA/EA deems legal
counsel to be necessary to achieve enforcement, compliance, relief, or
the assessment of monetary penaUies through the courts, the LEA/EA
shall ufilize legal counsel which will be prepared to initiate legal proceed-
ings within 30 days of nofification.
(d) If the LEA fails to take appropriate enforcement acfion to cause an
operator to correct violations, or to abate an imminent threat to public
health and safety or the environment, the board may take appropriate en-
forcement acfion pursuant to PRC secfions 45012, 43216.5, and CCR
Tide 14 secfion 18350, and also invesfigate the LEA's designafion and/or
certificafion pursuant to PRC secfion 43214. The board shall apply the
following two general criteria to determine if the LEA is taking appropri-
ate enforcement acfion:
( 1 ) Criterion 1 : If the operator is making fimely progress toward com-
pliance, then the LEA is taking appropriate acfion and criterion 2 need
not be applied. If the operator is not making timely progress, then criteri-
on 2 shall be applied. In determining whether or not the operator is mak-
ing fimely progress, the board shall consider the following:
(A) The operator's success or lack thereof in accomplishing specific
tasks within the fimeframes specified in a compliance schedule, or a no-
tice and order.
(B) Information presented by the LEA supporting reasonable deadline
extensions in cases where the operator has made a good faith effort to
comply, but a delay in compliance has been caused by extenuating cir-
cumstances outside the operator's and LEA's control. Examples of exte-
nuating circumstances outside the operator's and LEA's control include
acts of God such as inclement weather, earthquakes, etc. Information re-
garding reasonable deadline extensions due to delays in obtaining discre-
fionary permits or other government agency approvals where the opera-
tor's actions or failure to act was not the cause of the delay may also be
taken into consideration.
(C) Informafion presented by the LEA supporting reasonable deadUne
extensions in cases where the operator has made a good faith effort to cor-
rect a landfill gas migration violation, but the assessment of the extent of
migrafion has revealed a problem of a much larger magnitude than origi-
nally anticipated, necessitafing a larger control system that will take a
correspondingly longer length of fime to design and install.
(2) Criterion 2: If the LEA is increasing its enforcement response by
taking additional action pursuant to its EPP and, if applicable, a previous-
Page 801
Register 2007, No. 42; 10-19-2007
§ 18085
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ly issued N&O, then the LEA is considered to be taking appropriate ac-
tion. Jf the LEA is not increasing its enforcement response by taking addi-
tional action, then the LEA is not considered to be taking appropriate
action.
NOTE: Authority cited: Sections 40502, 43020, 43200 and 43214. Public Re-
sources Code. Reference: Sections 43209, 43504, 44016, 44305, 44306, 44310
and 45000-45024, Public Resources Code.
History
1. Nev^ section and Appendix filed 12-17-91; operative 12-17-91 pursuant to
Government Code section 11346.2(d) (Register 92, No. 13).
2. Relocation of Form 1000 (including illustration of Designation and Certifica-
tion Process) from section 18084 to section 18078 filed 10-26-94; operative
10-26-94 pursuant to Government Code section 1 1 346.2(d) (Register 94, No.
43).
3. Editorial correction of History 1 (Register 95, No. 19).
4. Change without regulatory effect amending subsections (a), (a)(1), (a)(3),
(a)(4), (b) and (d) filed 3-8-99 pursuant to section 100, title 1, California Code
of Regulations (Register 99, No. 1 1).
5. Amendment of section and NOTiE filed 4-12-2001 ; operative 5-12-2001 (Reg-
ister 2001, No. 15).
Article 2.3. Board Actions over LEAs
§ 18085. Ground for Board Actions over LEAs.
An LEA's failure to fulfill one or more of the following responsibih-
ties and /or obligations under Public Resources Code Division 30, Part
4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Manage-
ment Act") and/or these implementing regulations shall constitute suffi-
cient ground(s) for any of the board actions set forth in 14 CCR 18086,
including but not limited to:
(a) Failure of the LEA to comply with one or more of the Performance
Standards referenced in Public Resources Code Section 43214 and/or its
implementing regulation, 14 CCR 18081, including but not limited to:
(1) Failure of the LEA to maintain compliance with the certification
requirements referenced in 14 CCR 18072-75, including but not limited
to technical expertise, adequacy of staff resources, adequacy of budget
resources, and training;
(2) Failure of the LEA to enforce facility compliance with one or more
of the state minimum standards at solid waste facilities within the juris-
diction of the LEA, as referenced in Public Resources Code Section
43214(c);
(3) Failure of the LEA to maintain compliance with and/or implement
one or more of the components of the LEA's Enforcement Program Plan,
as referenced in 14 CCR 18077; and
(4) Failure of the LEA to perform all applicable duties related to the
California Environmental Quality Control Act.
(b) Failure of the LEA to fulfill one or more of its duties and/or respon-
sibilities as referenced in Public Resources Code Section 43209 and/or
its implementing regulations, including but not limited to:
(1) LEA Duties and Responsibilities for Permitting and Closure or
Postclosure, as referenced in 14 CCR 18082;
(2) LEA Duties and Responsibilities for Inspections, as referenced in
14 CCR 18083; and
(3) LEA Duties and Responsibilities for Enforcement, as referenced
in 14 CCR 18084.
(c) When public health and safety or the environment is threatened, the
Board shall, within 10 days of notifying the LEA, become the enforce-
ment agency until another local agency is designated locally, approved
and certified by the board pursuant to PRC Section 43214(c).
NOTE: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public
Resources Code. Reference: Sections 43200-43209, 43214, 43218,
43500-43606, 44001-44017, 44100, 44101, 44300, 44301 and 44500-45601,
Public Resources Code.
History
1. New article 2.3 (sections 18085-18088) and section filed 7-25-2002; operative
8-24-2002 (Register 2002, No. 30).
§ 18086. Types of Board Actions over LEAs.
If the Board finds that an LEA is not fulfilling one or more of its re-
sponsibilities and/or obligations under Public Resources Code Division
30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste
Management Act") and/or these implementing regulations, then the
Board, in accordance with Public Resources Code Section 43215 and
43216.5, may take one or more of the following actions:
(a) Assume responsibility for specified LEA duties by partially or fully
decertifying an LEA, either permanently or through a temporary suspen-
sion. Such an assumption of responsibility shall only extend to the LEA
duties so specified by the board. The board may charge for operations
pursuant to PRC 43212(a) while performing enforcement agency duties.
(b) Conduct more frequent inspections and evaluations within an
LEA's Jurisdiction.
(c) Establish a schedule and probationary period for improved perfor-
mance by an LEA, and/or call for the submission of an evaluation work-
plan.
(d) Withdrawal of the Board's approval of the local governing body's
designation of the LEA.
(e) Implement any other measures which may be determined by the
Board to be necessary to iinprove LEA compliance.
NOTE: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and
43216.5, Public Resources Code. Reference: Sections 40500-40510 and
43200-43219, Public Resources Code.
History
1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§ 18087. Process for Board Actions over LEAs.
(a) Notice: Notice of the hearing shall be sent by first-class mail and
deposited in the mail at least thirty (30) days prior to the hearing. The no-
tice shall be sent to the LEA's most current address as specified in the
completed Form CIWMB 1000 "Notice of Designation of Local
Agency" currently on file with the Board. If written notice has been pro-
vided the Board that the LEA is represented by an attorney in the proceed-
ing, the notice of the hearing shall additionally be mailed to such attor-
ney.
(b) Public Hearing: The hearing shall be open to the public. The Chair
or other presiding officer may provide an opportunity during the hearing
for nonevidentiary public comment relevant to the matter being heard by
the Board. The Chair or other presiding officer may impose reasonable
limitations on the number of public speakers commenting, and on the na-
ture and length of the comment period.
(c) Admission of Evidence: A party shall be afforded the opportunity
to present evidence and testimony on all relevant issues. Any relevant ev-
idence shall be admitted if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious affairs, regard-
less of the existence of any common law or statutory rule which might
make improper the admission of the evidence over objection in civil ac-
tions.
(d) Final Action by the Board: The Board's decision will consider the
severity of the deviation(s) as related to the potential negative impacts on
public health, safety or the environment. The Board will announce its de-
cision at the conclusion of the hearing. A written decision will be pre-
pared thereafter, which shall include a statement of the factual and legal
basis of the decision. A copy of the written decision shall be sent to the
LEA in the same manner as set forth in subsection (a), above, within ten
(10) days of the conclusion of the hearing.
NOTE: Authority cited; Sections 40502, 43020, 43200, 43214, 43215 and
43216.5, Public Resources Code. Reference; Sections 40500-40510 and
43200-43219, Public Resources Code.
History
1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
§ 18088. Board Acting as Enforcement Agency.
The Board, when acting as the enforcement agency, may enter into
agreements or contracts as its discretion with any certified local enforce-
ment agency for the purpose of delegating its enforcement agency duties
Page 802
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18094.0
wilhin any jurisdiction until a local agency is designated, approved and
certified by the Board.
NOTE: Authority cited: Sections 40502, 43020 and 43200, Public Resources
Code. Reference: Sections 43216 and 43216.5, Public Resources Code.
History
1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
Article 2.3. LEA Grants
§ 1 8090.0. Purpose and Scope.
The purpose of the LEA Grant Program is to provide grants to LEAs
to carry out the solid waste facilities permit and inspection program.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New article 2.3 (sections 18090.0-18094.0) and section filed 8-26-2002; op-
erative 9-25-2002 (Register 2002, No. 35).
§ 1 8090.1 . Grant Eligibility.
Grants shall be awarded only to LEAs and regional LEAs that are certi-
fied pursuant to Article 2. J of this Chapter. Eligibility for a grant is de-
pendent on Board approval of final accountings for previously awarded
LEA Grants.
NOTE: Authority cited: Section 43231. Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18090.2. Grant Award.
(a) The total amount of grants made by the Board pursuant to this ar-
ticle shall not exceed, in any one fiscal year, the amount specified by law.
(b) The total grant amount shall be distributed among the applicants
on a pro-rata basis with each LEA receiving a Board established base
grant, in no event less than $15,000, plus an additional amount based on
the population of the jurisdictions served by the LEA and the number of
active, permitted solid waste facilities located within those jurisdictions.
(c) Each Regional LEA shall receive a base grant multiplied by the
number of counties for which the LEA is responsible, plus an additional
amount based on the population of the jurisdictions served by the Re-
gional LEA and the number of active, permitted solid waste facilities lo-
cated within those jurisdictions.
(d) All population statistics will be obtained through the most current
annually revised Department of Finance Report on Population Estimates
for California Cities and Counties.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§ 1 8090.3. Use of LEA Grant Funds.
(a) LEA grant funds shall be used exclusively for the purpose of carry-
ing out the approved solid waste facilities permit and inspection program.
Any unauthorized use of LEA grant funds may result in the termination
of the grant agreement, repayment of funds and/or return of all unused
portions of the grant to the Board.
(b) Any unused portions of an LEA grant awarded pursuant to this ar-
ticle for a designated fiscal year shall be returned to the Board.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§ 1 8091 .1 . Grant Application.
(a) Applications for LEA grants will be accepted by mail during the
time period specified in the application package. Applications sent by
facsimile transmission or hand-delivered applications will not be ac-
cepted.
(b) An LEA or Regionai LEA that is eligible for a grant award pursuant
to Section 18090.1 of this Chapter, shall submit a grant application to the
Board. The purpose of the grant application is to identify the local agency
positions authorized to administer the grant program and to provide the
Board the basis on which to evaluate appropriate grant use. The grant ap-
plication shall include the following:
(1) A Statement of Use describing the program's goals or objectives
and stating how the grant funds will be used to implement the program;
(2) A Budget Report listing all proposed grant expenditures, which
may include the cost of staffing, third party contracts, training, travel and
purchase of equipment or materials; and
(3) A certified copy of an approved resolution from each applicant's
governing body authorizing submittal of the application and identifying
the position of the individual who is authorized to execute all agreements
and other documents necessary to carry out the program.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and"43232. Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§ 1 8092.0. Review of Grant Application.
(a) Board staff shall review each grant application to verify that it is
complete and satisfies the criteria contained within Section 18091.1 of
this Chapter.
(b) Board staff may request additional information related to the grant
application required pursuant to Section 18091.1 of this Chapter. The ap-
plicant will have ten (10) working days, or an additional time period spe-
cified by Board staff to submit the requested information.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18093.0. Grant Requirements.
(a) The grant recipient and the Board shall enter into a written grant
agreement that defines the grant term; contains a description of the ap-
proved program; and ensures compliance with the conditions specified
in this Article.
(b) The grant recipient shall submit a fmal report on or before one
hundred-twenty (120) days following completion of the grant cycle. The
report shall include any amendments to the grant program; provide a de-
scription of the implementation of the program; and, provide detailed ex-
penditure information that enables the Board to determine the specific
use of all grant funds.
(c) Grant recipients shall comply with all applicable federal, state and
local laws, ordinances, regulations and permits.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New secfion filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§ 1 8093.1 . Payment of Grant Funds.
(a) Grants will be awarded annually each year subject to the availabil-
ity of funds.
(b) Grant recipients will be advanced ninety percent (90%) of their
grant funds. All grant funds must be placed in an interest-bearing ac-
count with a fully insured financial institution. The grantee shall track in-
terest accrued on the advance payment. Interest earned from the account
shall be used only for eligible grant related expenses or returned to the
Board.
(c) The Board will withhold ten percent (10%) of the total grant funds
until satisfactory completion of the project and approval of grantee's fi-
nal report and payment request.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
§18094.0. Auditing.
(a) The Board, the Department of General Services, the Bureau of
State Audits, or their designated representative shall have the right to re-
view and to copy any records and supporting documentation pertaining
to the performance of this Grant. Grant recipients shall maintain such re-
Page 803
Register 2007, No. 42; 10-19-2007
§ 18100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
cords for possible audit for a minimum of three (3) years after final pay-
ment unless a longer period of records retention is stipulated, or until res-
olution of issues which may arise as a result of any audit, litigation, or
claim negotiation.
(b) Grant recipients shall maintain an accounting system which uti-
lizes generally accepted accounting principles and practices. In addition
to accounting records, all source documents associated with the account-
ing records shall be maintained. Source documents include, but are not
limited to, bid summaries, contracts with the grant recipient, change or-
ders showing approval by a city or county engineer, purchase orders, in-
voices, paid warrants, time sheets, labor distribution reports and payroll
registers.
NOTE: Authority cited: Section 43231, Public Resources Code. Reference: Sec-
tions 43230 and 43232, Public Resources Code.
History
1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).
Article 3.0. Regulatory Tier Requirements
§18100. Scope.
(a) This Article sets forth the method of application for a tiered solid
waste facilities permit, procedures for review and action on an applica-
tion package, and other requirements associated with regulatory tiers.
This Article also includes provisions regarding permit maintenance fol-
lowing issuance and other requirements associated with solid waste han-
dling operations. Similar provisions regarding a full solid waste facilities
permit can be found in Title 27, Division 2, Subdivision 1, Chapter 4,
Subchapter 3, Articles 2.0-3.2 of the California Code of Regulations
(commencing with section 21570).
(b) The provisions of this Article shall apply only to those operations
and facilities as specified in the minimum standards set forth in Chapters
3.0 or 3.1 of Division 7 of this Title.
(c) The submittal of an enforcement agency notification (in accor-
dance with section 18103) or issuance of a tiered permit supersedes any
previously submitted enforcement agency notification or issued tiered
permit.
(d) Specific provisions relating to the different types of regulatory tiers
may be found below as follows:
(1) Excluded section 18102
(2) Notification of Enforcement Agency sections 18103-18103.3
(3) Registration Permit sections 18104 - 18104.9; and
(4) Standardized Permit sections 18105 - 18105. II.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020, 43021 and 43000^5802, Public Re-
sources Code.
History
1 . New article 3.0 (sections 1 8100-18105.1 1) and section filed 3-1-95; operative
when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division
7 of this Title are filed with the Secretary of State and become effective and op-
erative (Register 95, No. 9).
2. Change without regulatory effect repealing first paragraph filed 10-26-95 pur-
suant to section 100, title 1, California Code of Regulafions (Register 95, No.
43).
3. Amendment of section and Note filed 3-5-99; operative 3-5-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 11).
§18101. Definitions.
Unless incorporated by reference or by statute, the definitions in this
Article govern only the construction of this Article.
(a) "Acceptance for filing" means the enforcement agency has deter-
mined that the application is complete and correct and the specified per-
mit action fime frames contained in this Article commence.
(b) "Annual loading" is the maximum amount of waste/material to be
handled by an operation annually.
(c) "Change in operation" means any change to a facility's operations
noted in the application, including, but not limited to, change in facility
description, change in materials handled, change in quantity of material
handled, or change in operating hours in which the operator intends to op-
erate outside of normal business hours.
(d) "Complete" means all information required as part of a solid waste
facilities permit application submitted pursuant to this Article has been
provided.
(e) "Correct" means all information provided by the applicant as part
of a solid waste facilities permit applicafion submitted pursuant to this
Article is accurate, exact, and fully provides the applicable filing require-
ment information for the solid waste facility for which a permit is being
sought.
(f) A "full permit" is a solid waste facilities permit obtained pursuant
to procedures set forth in Article 3.1 of this Chapter.
(g) A "location map" means a map showing the general location of the
operation at a scale size minimally equivalent to 1:24,000 USGS topo-
logical quadrangle.
(h) "Operation" means the receipt and processing of solid waste.
(i) "Peak loading" is the largest projected waste/material quantity to
be received by an operation on any day of operation.
(j) "Regulatory tier" is a type of regulatory oversight pursuant to pro-
cedures set forth in this Article and Article 3.1. Tier types include: ex-
cluded, enforcement agency nofification, registration permit, standard-
ized permit, and full permit.
(k) A "site map" means a map showing the existing or planned layout
of the operations, including, but not limited to, operations areas and their
relationships to property boundaries, buffer zones, adjacent land uses,
proposed drainage systems, any excavation areas, site access, and any
other portions of the site dedicated to a specific use. The site map shall
be at a scale size of 1" = 200 ' , and indicate the zoning within 1000' ,
of the facility. Where feasible, structures located on adjacent properties
should be idendfied on the site map or locafion and distances to the near-
est structures shall be included.
(1) A "tiered permit" is a type of solid waste facilities permit obtained
pursuant to procedures set forth in Articles 3.0 and 3.1 of this Chapter.
A tiered permit is a solid waste facilities permit other than a full permit
with reduced application and permit processing requirements.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 02. Excluded Solid Waste Handling.
Operators of excluded operations designated by the minimum stan-
dards set forth in Division 7 of this Title are not required to notify the en-
forcement agency or submit an application for a solid waste facilities per-
mit. Nothing in this section precludes the enforcement agency or the
board from inspecting an excluded operation to verify that the operation
is being conducted in a manner that qualifies as an excluded operation or
taking any appropriate enforcement action.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 03. Enforcement Agency Notification.
(a) The enforcement agency notification provisions of this Article
shall apply only to operations as specified in the minimum standards set
forth in Chapters 3 or 3.1 of Division 7 of this Title.
(b) Sections 18103.1 through 18103.3 establish the requirements for
compliance with enforcement agency notification as follows:
( 1 ) Filing Requirements section 1 8 1 03 . 1 ;
(2) Record Keeping Requirements section 18103.2; and
(3) Termination of Operation secfion 18103.3.
(c) Operations authorized to use the enforcement agency notification
tier are required to operate in accordance with the minimum standards set
forth in Chapters 3 or 3.1 of Division 7 applicable to that operation.
Page 804
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18104.1
•
(d) Nothing in this section precludes the enforcement agency or the
board from tlie following: inspecting an operation to verify that the oper-
ation is being conducted in a manner that qualifies for the enforcement
agency notification tier; inspecting to verify that the operation is in com-
pliance with the minimum standards; or, taking any appropriate enforce-
ment action, including the use of a 'notice and order.'
NOTE; Authority cited: Sections 40502 and 43020. Public Resources Code. Refer-
ence: Sections 43020, 44)00(a), 44101(a) and 45200, Public Resources Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set foith
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 18103.1. Filing Requirements.
(a) Any operator proposing to engage in solid waste handling pursuant
to an enforcement agency notification shall notify the enforceinent
agency of its intent to operate in writing prior to commencing operations.
This written notification shall be legible and include the following infor-
mation:
(1) The name, address, and phone number of the proposed operation;
the name, address, and phone number where the operator can be con-
tacted if these differ from the operation site; and, the name, address, and
phone number of the owner if these differ from the operator.
(2) The section in Chapters 3 or 3. 1 of Division 7 of this Title authoriz-
ing eligibility for this tier and a description of the facility's operations,
including but not limited to, volume and hours of wastes/material han-
dled, peak and annual loading, and hours of operation.
(3) Documentation that the operator has notified the local planning de-
partment with jurisdiction over the site of its intent to commence opera-
tions. Documentation may include, proof of compliance with CEQA,
correspondence from the local planning department that compliance
with the California Environmental Quality Act is not required for the op-
eration to obtain local land use approval or written notice to the local
planning department of the operator's intent to commence operations.
(4) A statement by the owner and operator certifying under penalty of
perjury that the information which they have provided is true and accu-
rate to the best of their knowledge and belief.
(b) The notification shall be mailed to the enforcement agency "return
receipt requested."
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 43020, Public Resources Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Amendment filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 14).
3. Change without regulatory effect amending subsections (a) and (b) filed
8-23-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 34).
§ 18103.2. Record Keeping Requirements.
The enforcement agency shall retain the notification received pursuant
to section 18103.1 which shall be publicly available during normal busi-
ness hours. The enforcement agency shall forward a copy of the notifica-
tion to the board within five days of receipt. The enforcement agency
shall retain a copy of the notification for a minimum of one year after the
facility is known to have ceased operations.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 43020, Public Resources Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 03.3. Termination of Operation.
Any person intending to cease operations shall notify the enforcement
agency in writing at least 15 days prior to the cessation of operations.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 43020, Public Resources Code.
History
1 . New section filed 3-1 -95 ; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretai^ of
State and become effective and operative (Register 95, No. 9).
§ 18104. Registration Permit.
(a) The registration permit provisions of this Article shall apply only
to solid waste facilities as specified in the minimum standards set forth
in Chapters 3 or 3.1 of Division 7 of this Title.
(b) A registration permit shall be deemed to incorporated by reference,
as terms and conditions of the permit, all minimum standards applicable
to it, as set forth in Chapters 3 or 3.1, of Division 7.
(c) Sections 18104.1 through 18104.9 establish the requirements for
a registration permit as follows:
(1) Filing Requirements section 18104.1;
(2) Enforcement Agency Processing
Requirements section 18104.2;
(3) Record Keeping Requirements section 18104.3;
(4) Completeness Appeal section 18104.4;
(5) Change in Operation section 18104.5;
(6) Change in Owner section 18104.6;
(7) Permit Review & Reissuance section 18104.7;
(8) Suspend/Revoke section 18104.8,
and
(9) Voiding of a Registration Permit section 18104.9.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 , 43000-45802 and 50000-50002, Public
Resources Code.
History
1 . New section filed 3-1-95; operative when the miniinum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 04.1 . Filing Requirements.
Any operator proposing to operate a solid waste facihty pursuant to a
registration permit shall file an application using form CIWMB 83 "Reg-
istration Permit Application" (rev. 12/96), which is incorporated herein
by reference, with the enforcement agency. The application shall be ac-
companied by the fee specified by the enforcement agency pursuant to
Public Resources Code Section 44006(c). (See Appendix A.) This appli-
cation shall contain the following information:
(a) The name and address of the enforcement agency, and the section
in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for
this tier.
(b) General description of the facility including, but not limited to
name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and type
of waste/material; handled, peak and annual loading, hours of operation,
traffic, facility size, site capacity, and operating area.
(d) Operator information, including identificafion of the land owner,
his/her address and telephone number; identification of the facility oper-
ator, his/her address and telephone number; and the address(es) at which
process may be served upon the operator and owner.
(e) Conformance finding informafion as follows:
(1) Unfil a county wide or regional agency integrated waste manage-
ment plan has been approved by the board, the application shall include
statements that: the facility is identified and described in or conforms
with the County Solid Waste Management Plan, or otherwise complies
with Public Resources Code Section 50000; and that the facility is consis-
tent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste manage-
ment plan has been approved by the board, the application shall include
a statement that: the facility is identified in either the countywide siting
element, the nondisposal facility element, or in the Source Reduction and
Recycling Element for the jurisdiction to be identified in any of these ele-
ments pursuant to Public Resources Code Section 50001.
(f) The owner and operator shall each certify under penalty of perjury
that the information which they have provided is true and accurate to the
best of their knowledge and belief.
Page 804.1
Register 2007, No. 42; 10-19-2007
§ 18104.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(g) Evidence that the application form was provided to the director of
the local agency that oversees local use planning for the jurisdiction in
which the site is located.
(h) List of all public hearings and other meetings open to the public that
have been held or copies of notices distributed that are applicable to the
proposed solid waste facilities permit action.
NOTE: Authority cited: Sections 40.'i02. 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 4302 1 . 43000-45802 and 30000-50002, Public
Resources Code.
History
i . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending first paragiaph filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96. No.
14).
3. Change without regulatory effect amending first paragraph and subsections
(e)(1) and (f) filed 2-6-97 pursuant to section 100, title 1, California Code of
Regulations (Register 97, No. 6).
4. Amendment of first paragraph and subsections (e)(l)-(2) and new subsections
(g) and (h) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 1 1).
§ 18104.2. Enforcement Agency Processing Requirements.
(a) Upon receipt of an application filed pursuant to Section 18104.1.
the enforcement agency shall mark the application with the date of re-
ceipt.
(b) The enforcement agency shall notify every person who has sub-
mitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the
application to determine whether it meets the requirements of Section
18104.1.
(d) If the enforcement agency finds the application is complete and
correct pursuant to Section 18104.1, it shall be accepted for filing and
stamped with the date and time of acceptance.
(e) The enforcement agency shall provide notice pursuant to Title 27
Section 21660.3 prior to issuance of the solid waste facilities permit.
(f) When an application is accepted for filing, the enforcement agency
shall issue a registration permit by mailing an executed form CIWMB 81
"Registration Permit" (rev. 1/95), which is incorporated herein by refer-
ence, to the applicant. Form CIWMB 81, along with a copy of the ac-
cepted application, inust be mailed to the applicant within five days of
filing. (See Appendix A.)
(g) The enforcement agency shall provide a copy of the registration
permit to the board and to any person who has so requested in writing.
(h) If the enforcement agency finds that the application is not complete
and correct pursuant to 18104.1, it shall not be accepted for filing. A copy
of the rejected application accompanied by an explanation shall be
mailed to the applicant within five days.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effecfive and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (e) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
3. Amendment of subsections (a) and (c), new subsection (e) and subsection relet-
tering filed 3-14-2007; operative 4-13-2007 (Register 2007, No. II).
§ 18104.3. Record Keeping Requirements.
(a) The enforcement agency shall maintain a current list of all pending
applications at its offices. The list shall be publicly available during nor-
mal business hours.
(b) Written public comments on an application shall be retained by the
enforcement agency.
(c) The enforcement agency shall forward copies of any written public
comments received on an application to the board with the registration
permit submitted pursuant to section 18104.2(f).
(d) Subsequent to the transmittal of the registration permit to the board,
the enforcement agency shall within five days of receipt provide a copy
of any additional written public comments to the board unless the com-
ment clearly states that a copy has already been provided to the board,
(e) If an application is denied, the enforcement agency shall retain
public comments received on that application for a period of 2 years. If
a previously denied permit is approved, all comments received shall be
forwarded to the board with the copy of the registration permit submitted
under subsection (c) above.
NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802. Public Resources
Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effecfive and operafive (Register 95, No. 9).
§18104.4. Completeness Appeal.
If an application is determined to be incomplete, the applicant may ap-
peal that determination to the enforcement agency within 15 days of the
date that noufication was received. Such an appeal must be in writing and
specify the grounds for the appeal. A final written determination on the
appeal shall be made by the hearing panel or hearing officer designated
pursuant to section 44800 of the Public Resources Code, no later than 60
days after receipt of the applicant's appeal.
NOTE: Authority cited: Secfions 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1 -95; operafive when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operafive (Register 95, No. 9).
2. Change without regulatory effect amending secfion filed 10-17-2007 pursuant
to section 100, title 1 , California Code of Regulafions (Register 2007, No. 42).
§ 18104.5. Change in Operation.
A new registraUon permit application shall be submitted when an op-
erator proposes a change in operation or to transfer his/her permit for the
same operation to another operator, or if the enforcement agency deter-
mines that a change in facility operations has occurred.
NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New secfion filed 3-1 -95; operafive when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 04.6. Change in Owner.
(a) An operator shall notify the enforcement agency in wrifing if a per-
son, who owns property on which the solid waste facility is located, is en-
cumbering, selling, transferring, or conveying the property, or part there-
of; or allowing the property, or part thereof, to be encumbered, sold,
transferred, or conveyed. The operator shall notify the enforcement
agency at least 15 days prior to such acfion by the owner, or within 7 days
of receiving notice of such action by the owner, whichever comes first.
The enforcement agency shall transmit a copy of the notification to the
board within five days of receipt.
(b) Any information provided pursuant to subdivision (a) of this sec-
tion shall not be a matter of public record and shall be considered confi-
denUal until such time as the owner's encumbering, selling, transferring,
or conveying of the property, occurs.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Section 6255, Government Code; and Sections 43020, 43021
and 43000-45802, Public Resources Code.
History
1 . New secfion filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operafive (Register 95, No. 9).
§ 1 81 04.7. Permit Review & Reissuance. .
(a) Every registraUon permit shall be reviewed at least once every five
years from the date of issuance or reissuance.
(b) The enforcement agency shall notify the operator 60 days before
the registraUon permit is due for review.
(c) No fewer than 35 days before the registration permit is due for re-
view, the operator shall submit either a certification that the informafion
Page 804.2
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18105.1
contained in the controlling registration permit is current, or shall file a
new application pursuant to Section 18104.1.
(d) If an operator files a certification as specified in subsection (c)
above or a new application pursuant to Section 1 81 04.1 , the enforcement
agency shall follow the procedures set forth in Sections 18104.2 and
18104.3.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
Stale and becoine effective and operative (Register 95, No. 9).
2. Amendment of subsections (b)-(d) filed 3-14-2007; operative 4-13-2007
(Register 2007, No. 11).
§18104.8. Suspend/Revoke.
Any registration permit may be suspended or revoked by the enforce-
ment agency for cause pursuant to section 44305 or 44306 of the Public
Resources Code. Any such action shall be undertaken by the enforce-
ment agency using the procedures set forth in Article 2, Chapter 4 of the
Public Resources Code (section 44305 et seq.).
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources
Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretai^ of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section and Note filed 6-21-2002
pursuant to section 100, fitle 1, California Code of Regulations (Register 2002,
No. 25).
§ 18104.9. Voiding of a Registration Permit.
Every registration permit shall be void 30 days after cessation of oper-
ations. Any operator who intends to cease operations shall notify the en-
forcement agency of his/her last proposed date of operation at least 15
days in advance. The enforcement agency shall forward a copy of this no-
tification to the board within 7 days. "Cessation of operations" does not
include temporary operational shutdowns which are seasonal or intermit-
tent in nature.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 18105. Standardized Permit.
(a) The standardized permit provisions of this Article shall apply only
to solid waste facilities as specified in the minimum standards set forth
in Chapters 3 or 3.1 of Division 7 of the Title.
(b) A standardized permit obtained pursuant to this Article shall con-
tJiin only those terms and conditions applicable to the type of facility re-
ceiving it as set out in the minimum standards for that type of facility.
(c) Sections 18105.1 through 18105.11 establish the requirements for
a standardized permit as follows:
(1) Filing Requirements section 18105.1;
(2) Enforcement Agency Processing
Requirements section 18105.2
(3) Record keeping Requirements section 18105.3
(4) Completeness Appeal section 18105.4
(5) Board Processing Requirements section 18105.5
(6) Appeal of Decision section 18105.6
(7) Change in Operation section 18105.7
(8) Change in Owner section 18105.8
(9) Permit Review section 18105.9
(10) Suspend/Revoke section 18105.10
and
(11) Voiding of a Standardized Permit section 18105.1 1.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and becoine effective and operative (Register 95, No. 9).
§18105.1. Filing Requirements.
Any operator proposing to operate a soUd waste facility eligible for a
standardized permit shall file an application in duplicate with the en-
forcement agency accompanied by the fee specified by the enforcement
agency pursuant to Public Resources Code Section 44006(c). This appli-
cation shall contain the following information:
(a) The name and address of the enforcement agency, and the section
in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for
this tier.
(b) General description of the facility including, but not limited to
name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and
types of waste/inaterial handled, peak and annual loading, hours of oper-
ation, traffic, facility size, site capacity, and operating area.
(d) Operator information, including identification of the land owner,
his/her address and telephone number; identification of the facility oper-
ator, his/her address and telephone number; and the address(es) at which
process may be served upon the operator and owner.
(e) A Report of Facility Information that contains all of the informa-
tion required by the applicable section(s) of Article 3.2, Chapter 5, of this
Division.
(f) One of the following:
(1 ) Evidence that there has been compliance with the California Envi-
ronmental Quality Act, Division 13 (commencing with Section 21000)
of the Public Resources Code, regarding the facility; or,
(2) Information on the status of the application's compliance with the
California Environmental Quality Act regarding the facility. Once there
has been compliance with the California Environmental Quality Act re-
garding the facility, evidence of compliance shall be submitted to the en-
forcement agency.
(g) Conformance finding information as follows:
(1) Until a county wide or regional agency integrated waste manage-
ment plan has been approved by the board, the application shall include
statements that: the facility is identified and described in or conforms
with the County Solid Waste Management Plan, or otherwise complies
witli Public Resources Code Section 50000; and that the facility is consis-
tent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste manage-
ment plan has been approved by the board, the application shall include
a statement that: the facility is identified in either the countywide siting
element, the nondisposal facility element, or in the Source Reduction and
Recycling Element for the jurisdiction in which it is located; or, that the
facility is not required to be identified in any of these elements pursuant
Public Resources Code Section 50001.
(h) The owner and operator shall each certify under penalty of perjury
that the information provided is true and accurate to the best of their
knowledge and belief.
(i) Evidence that the application form was provided to the director of
the local agency that oversees local use planning for jurisdiction in which
the site is located.
(j) List of all public hearings and other meetings open to the public that
have been held or copies of notices distributed that are applicable to the
proposed solid waste facilities permit action.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 , 43000-45802 and 50000-50002, Public
Resources Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
Page 804.3
Register 2007, No. 42; 10-19-2007
§ 18105.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect amending subsections (c), (d) and (g)(l)-(2)
filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 6).
3. Amendment of first paragraph and subsections (g)(l )-(2) and new subsections
(i) and (j) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
§ 18105.2. Enforcement Agency Processing Requirements.
(a) Upon receipt of an application filed pursuant to Section 18105.1,
the enforcement agency shall mark the application with the date of re-
ceipt.
(b) The enforcement agency shall notify every person who has sub-
mitted a written request to be notified of any apphcation.
(c) Within 30 days of receipt, the enforcement agency shall review the
application to determine whether it meets the requirements of Section
18105.1.
(d) If the enforcement agency finds the application is complete and
correct pursuant to 1 8 1 05. 1 (a-e) and (g-h), it shall be accepted for filing.
(e) The application shall be stamped with the date and lime of accep-
tance.
(f) if the enforcement agency finds that the application is not complete
and correct pursuant to 18105. l(a-e) and (g-h), it shall not be accepted
for filing. A copy of the rejected application accompanied by explanation
shall be mailed to the applicant within five days.
(g) Within fifteen days of acceptance of an application for filing:
(1) The enforcement agency shall evaluate the information provided
in the application and the proposed facility to determine whether or not
the facility will be able to operate in compliance with the applicable mini-
mum standards and standardized solid waste facilities permit terms and
conditions.
(2) The enforcement agency shall provide notice pursuant to Title 27
Section 21660.3.
(3) If the enforcement agency finds that the application and facility
meet the requirements set forth in subdivision (g)(1) of this section then
the enforcement agency shall forward the proposed standardized permit,
application package, and the results of any analysis to the board. The en-
forcement agency shall further provide the applicant with a copy of the
proposed standardized permit submitted to the board. In addition, the en-
forcement agency shall provide a copy of the proposed standardized per-
mit to any person who has so requested in writing.
(4) If the enforcement agency finds that the application or facility do
not meet the requirements set forth in subdivision (g)(1) of this section,
the enforcement agency shall reject the application. A copy of the re-
jected application accompanied by an explanation shall be mailed to the
applicant.
(h) If evidence of compliance with the Cahfomia Environmental
Quality Act, as required by Section 18105.1(f), has not been submitted
within 15 days of acceptance of the application as complete, then the de-
cision required by Section 18105.2(g) shall be held in abeyance until
compliance with this requirements has been demonstrated. Unless
waived by the applicant pursuant to Public Resources Code Section
44008, if evidence of compliance with the California Environmental
Quality Act has not been submitted within 120 days of the application's
acceptance for filing, the enforcement agency shall reject the application
and not issue the standardized permit.
(i) Once the board has concurred in the issuance of the proposed stan-
dardized permit, pursuant to Section 18105.5, the enforcement agency
shall issue the standardized permit.
(j) If the board objects to the proposed standardized permit, the en-
forcement agency shall notify the applicant in writing of the board's deci-
sion, and the reasons for that decision, within five days of receipt of that
decision.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3- 1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Amendment of subsections (a), (c) and (g)(] ), new .subsection (g)(2), subsection
renumberine and amendment of subsections (h)-(i) filed 3-14-2007; operative
4- 13-2007 "(Register 2007, No. 11).
§ 18105.3. Record Keeping Requirements.
(a) The enforcement agency shall maintain a current list of all pending
applications at its offices. The list shall be publicly available during nor-
mal business hours.
(b) Written public comments on an application shall be retained by the
enforcement agency.
(c) The enforcement agency shall forward copies of any written public
comments received on a pending application to the board with the pro-
posed standardized permit subinitted pursuant to section 18105.2(g).
(d) Subsequent to the transmittal of the proposed standardized permit,
the enforcement agency shall within five days of receipt provide a copy
of any additional written public comments to the board, unless the com-
ment clearly states that a copy has already been provided to the board.
NOTE: Authority cited: Sections 40502. 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1 -95; operafi ve when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 05.4. Completeness Appeal.
If an application is determined to be incomplete, the applicant may ap-
peal that determination to the enforcement agency within 15 days of the
date that notification was received. Such an appeal must be in writing and
specify the grounds for the appeal. A final written determination on the
appeal shall be made by the hearing panel or hearing officer designated
pursuant to section 44800 of the Public Resources Code, no later than 60
days after receipt of the applicant's appeal.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section filed 10-1 7-2007 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2007, No. 42).
§ 18105.5. Board Processing Requirements.
(a) The board shall mark the proposed standardized permit with the
date of receipt.
(b) The board shall evaluate the application package and the proposed
standardized permit for compliance with the requirements set forth by
section 18105.1 and 18105.2(g).
(c) Within 30 days of receipt of a proposed standardized permit, the
board shall either concur in or object to the issuance of the proposed stan-
dardized permit.
(d) If the proposed standardized permit contains terms and conditions
not authorized by the minimum standards and the permit is otherwise in
conformance with these regulations, any additional unauthorized terms
and conditions shall be stricken. The board shall concur in the edited stan-
dardized permit.
(e) Within 7 days of the decision to concur in or object to a proposed
standardized permit, the board shall notify the enforcement agency of its
determination in writing. If the board objects, the reasons for the objec-
tion shall be provided to the enforcement agency.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Secfions 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effecfive and operative (Register 95, No. 9).
§ 1 81 05.6. Appeal of Decision.
(a) Any applicant may appeal the decision of the enforcement agency
taken pursuant to section 18105.2(g)(3) or of the Board taken pursuant
to section 18105.5 to the enforcement agency within 15 days of the date
Page 804.4
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18201
that the decision was received. Such an appeal must be in writing and
specify the grounds for the appeal. A final written determination on the
appeal shall be made by the hearing panel or hearing officer designated
pursuant to section 44800 of the Public Resources Code, no later than 60
days after receipt of the applicant's appeal.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
J . New section filed 3-1-95 ; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (a) tiled 10-17-2007
pursuant to section 100, title 1, California Code of Regulations (Reeister 2007,
No. 42).
§18105.7. Change in Operation.
A new standardized permit application shall be submitted when an op-
erator proposes a change in operation or to transfer his/her permit for the
same operation to another operator, or if the enforcement agency deter-
mines that a change in facility operations has occurred.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources
Code.
History
1 . New section filed 3-1-95 ; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§18105.8. Change in Owner.
(a) An operator shall notify the enforcement agency in writing if a per-
son, who owns property on which the solid waste facility is located, is en-
cumbering, selling, transferring, or conveying the property, or part there-
of; or allowing the property, or part thereof, to be encumbered, sold,
transferred, or conveyed. The operator shall notify the enforcement
agency at least 15 days prior to such action by the owner, or within 7 days
of receiving notice of such action by the owner, whichever comes first.
The enforcement agency shall transmit a copy of the notification to the
board within five days of receipt.
(b) Any information provided pursuant to subdivision (a) of this sec-
tion shall not be a matter of public record and shall be considered confi-
dential until such time as the owner's encumbering, selling, transferring,
or conveying of the property, occurs.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Section 6255, Government Code; and Sections 43020. 43021
and 43000^5802, Public Resources Code.
History
1 . New section filed 3-1-95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
§ 1 81 05.9. Permit Review and Reissuance.
(a) Every standardized permit shall be reviewed at least once every
five years from the date of issuance or reissuance.
(b) The enforcement agency shall notify the operator 60 days before
the standardized permit is due for review.
(c) No fewer than 35 days before the standardized permit is due for re-
view, the operator shall submit either a certification that the information
contained in the controlling solid waste facilities permit is current, or
shall file a new application pursuant to Section 18105.1.
(d) If an operator files a certification as specified in subsection (c)
above or a new applicafion pursuant to Section 18105.1, the enforcement
agency shall follow the procedures set forth in Sections 18105.2 and
18105.3 and the board shall follow the procedures set forth in Section
18105.5.
NOTE; Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code.
History
1 . New section filed 3-1-95 ; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending subsection (d) filed 6-2 1 -2002 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2002, No.
25).
3. Amendment of subsections (b)-(d) filed 3-14-2007; operative 4-13-2007
(Register 2007, No. 11).
§ 1 81 05.1 0. Suspend/Revolce.
Any standardized permit may be suspended or revoked by the enforce-
ment agency for cause pursuant to section 44305 or 44306 of the Public
Resources Code. Any such action shall be undertaken by the enforce-
ment agency using the procedures set forth in Article 2, Chapter 4 of the
Public Resources Code (section 44305 et seq.).
NOTE: Authority cited: Sections 40502, 43020 and 4.3021, Public Resources
Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources
Code.
History
1 . New section filed 3-1 -95; operative when the minimum standards to be set forth
in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
State and become effective and operative (Register 95, No. 9).
2. Change without regulatory effect amending section and NOTE filed 6-21-2002
pursuant to section 100, title 1, California Code of Regulations (Register 2002,
No. 25).
§ 1 81 05.1 1 . Voiding of a Standardized Permit.
Every standardized permit shall be void 30 days after cessafion of op-
erations. Any operator who intends to cease operations shall notify the
enforcement agency of his/her last proposed date of operation at least 1 5
days in advance. The enforcement agency shall forward a copy of this no-
tification to the board within 7 days. "Cessation of operations" does not
include temporary operational shutdowns which are seasonal or intermit-
tent in nature.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020. 43021 and 43000-45802, Public Resources
Code.
History
1. New section and forms CIWMB 81 and 83 filed 3-1-95; operative when the
minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this
Title are filed with the Secretary of State and become effecfive and operative
(Register 95, No. 9).
2. Change without regulatory effect moving forms to section 1 8831 , appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
Article 3.1 . Application for Solid Waste
Facilities Permits
§18200. Scope.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 43020, 43021 and 43000-45802, Public Resources Code.
History
1. New article 3 (sections 18200-18217, not consecutive) filed 5-27-77; desig-
nated effective 7-1-77 (Register 77, No. 22).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, CaUfomia Code of Regulations (Register 91, No. 27).
3. Amendment of secUon and Note filed 7-15-93; operative 7-15-93 (Register
93, No. 29).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18200.1. Definitions.
NOTE: Authority cited: Sections 40502 and 43020. Reference: Sections
44001-44017, 44100-44101, 44300-44301, 44500-44503 and 44813-44816,
Public Resources Code.
History
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 8201 . Form of Application and Supporting Documents
(Application Package).
NOTE: Authority cited: Sections 40002, 40502 and 43020, Public Resources
Code. Reference: Sections 44001-44017, 44100-44101, 44300-44301,
44500-44503, and 44813-44816, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
Page 804.5
Register 2007, No. 42; 10-19-2007
§ 18202
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Change without regulatory effect repeahng subsection (d)(1)(F) and reiettering
subsection filed 1-18-94 pursuant to title 1, section 100, California Code of
Regulations (Register 94, No. 3).
4. Change without regulatory effect repealing subsection (d)(1)(E) and subsection
reiettering filed 2-6-97 pursuant to section 100, title 1 , California Code of Reg-
ulations (Register 97, No. 6).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18202. Amendments to Application.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44001-44006, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100. title CCalifornia Code of Regulations (Register 91, No. 27).
2. Amendment Filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18203. Filing of Application and Transmittal of Copies.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44001-44006 and 44007^4010, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title CCalifornia Code of Regulations (Register 91, No. 27).
2. Amendment filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18204. Public Notice and Comment.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Editorial correction repealing section and adding HISTORY (Register 97, No.
26).
§ 1 8205. Investigation of Application.
§ 18206. Environmental Review.
§ 18207. Proposed Permit; Board Review.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44007-44010 and 44014, Public Resources Code.
History
1 . New subsection (c) filed 10-31-77 as an emergency; effective upon filing. Cer-
tificate of Compliance included (Register 77, No. 45).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Amendment of subsection (a) and new subsection (d) filed 7-15-93; operative
7-15-93 (Register 93, No. 29).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18208. Issuance of Permit; Final Environmental
Determination.
(a) Upon compliance with the Act and this article, and upon the con-
currence of the board, the enforcement agency may make findings and
issue the permit as provided in subsection (a) of Public Resources Code
section 44014. The permit shall specify the person authorized to operate
the facility and the boundaries of the facility. The permit shall contain
such conditions as are necessary to specify a design and operation for
which the applicant has demonstrated in the proceedings before the en-
forcement agency and the board the ability to control the adverse envi-
ronmental effects of the facility.
( 1 ) As used herein, "design" means the layout of the facility (including
numbers and types of fixed stmctures), total volumetric capacity of a dis-
posal site or total throughput rate of a transfer/processing station, trans-
formation facility, or composting facility, vehicular traffic flow, and pat-
terns surrounding and within the facility, proposed contouring, and other
factors that may be considered a part of the facihty's physical configura-
tion.
(2) As used herein, "operation" means the procedures, personnel, and
equipment utilized to receive, handle and dispose of solid wastes and to
control the effects of the facility on the environment.
(b) (Reserved)
(c) Copies of the permit (including conditions specified therein), find-
ings, and any document setting forth the enforcement agency's final en-
vironmental deterinination shall be provided the board and any person
who has requested in writing that such copies be provided.
Comment: In filing an application for a new permit or permit revision,
the applicant will be required to specify the proposed design and opera-
tion of the facility, to describe any anticipated environmental conse-
quences of the specified design and operation, and to propose measures
to minimize and mitigate any adverse environmental effects. The permit
that is issued would specify the measures found by the agency to be nec-
essary, for a facility of given design and operation, to satisfy the require-
ments of the Act for protection of the environment. Accordingly, the per-
mit would limit the facility to the design and operation that corresponds
to those measures. Any significant change in design or operation would
require revision of the permit. See section 1821 1. In order to avoid the
need to revise a permit for each minor change in operation, the conditions
should be drafted to accommodate fluctuations without requiring a per-
mit revision, so long as such changes do not necessitate additional mea-
sures to control their environmental effects.
NOTE: Authority cited: Sections 40502 and 43200, Public Resources Code. Refer-
ence: Sections 44012 and 44014, Public Resources Code.
History
1 . Amendment of subsection (a) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 1 1-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of subsection (a)(]) and Note filed 7-15-93; operative 7-15-93
(Register 93, No. 29).
§18209. Denial of Permit.
(a) The enforcement agency shall deny the permit when any of the fol-
lowing occur:
(1) The enforcement agency determines that the proposed facility is
not consistent with the county solid waste management plan or cannot
conform to the state standards.
(2) The Board has objected to the proposed permit and either:
(A) there are less than 45 days remaining before the statutory deadline
for action on the application and the applicant declines to waive the dead-
line; or
(B) the enforcement agency determines that it will be impossible to
propose a permit that will be mutually satisfactory to the enforcement
agency, the board, and the applicant. The enforcement agency may deny
the permit under any other circumstances provided by law.
(b) Upon denial of a permit, the enforcement agency shall give written
notice of the denial to the applicant, the board, and any other person who
has requested in writing that such notice be given. Notice to the applicant
shall be accompanied by a form request for a hearing, which the applicant
may use to obtain a hearing before the hearing panel or hearing officer.
(c) An applicant who desires a hearing on the denial of a permit shall
file with the enforcement agency a written request for a hearing. The en-
forcement agency shall provide the board with copies of the request, the
statement of issues, and the notice of defense within five business days
of service upon the applicant.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44007^4017 and 44300, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, fitle 1, California Code of Regulations (Register 91, No. 27).
2. Change without regulatory effect amending subsection (b) filed 10-17-2007
pursuant to section 100, title 1 , California Code of Regulations (Register 2007,
No. 42).
§ 1 821 0. Notice of Operation Prior to August 1 5, 1 977.
NOTE: (Reference: Gov. Code Sections 66796.30, 66796.32-66796.34,
66796.45-66796.46)
History
1. Change without regulatory effect repealing Section 18210 filed 8-17-89 pur-
suant to Section 100, Title 1, CalifomiaCodeof Regulations (Register 89, No.
35). For prior history, see Register 77, No. 22.
§ 1 821 1 . Application for Revision of a Permit.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44001-44006 and 44007-44017, Public Resources Code.
Page 804.6
Register 2(K)7, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18213
HrSTORY
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18212. Reinstatement of Suspended and Revoked
Permits.
NOTE: Authority cited; Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44500-44503 and 44817, Public Resources Code.
History
1 . Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 821 3. Review of Permits.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 44011, Public Resources Code.
History
1 . Amendment of subsection (c) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91. No. 27).
4. Amendment of subsecfions (a), (c) and Comment filed 7-15-93; operative
7-15-93 (Register 93, No. 29).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
[The next page is 805.]
Page 804.7
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18218.1
§ 18215. Exemptions from Requirement of a Permit.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 4302] , Public Resources Code.
History
1. New section filed 8-3-77 as an emergency; effective thirtieth day thereafter
(Register 77, No. 32).
2. New subsection (b)(8) filed 10-31-77 as an emergency; effective upon filing.
Certificate of Compliance included (Register 77, No. 45).
3. Certificate of Compliance as to 8-3-77 filing filed 1 1-1-77 (Register 77, No.
45).
4. Change without regulatory effect of subsections (b)(2) and (b)(4) filed 8-1 7-89
pursuant to section 100, title 1 , California Code of Regulations (Register 89, No.
35).
5. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 821 6. Notice of Change of Address.
NOTE: Authority cited: Secfions 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44500-44503, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Reguladons (Register 91, No. 27).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18217. Notice of Change of Ownership of Property.
NOTE: Reference: Sections 40502 and 43020, Public Resources Code. Reference:
Sections 44001-44006, Public Resources Code.
History
1. Amendment filed 8-3-77 as an emergency; effective upon filing (Register 77,
No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulafions (Register 91, No. 27).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3.1 .1 . Temporary Solid Waste
Facilities Permits
§ 1 821 8. Scope and Applicability.
(a) The Legislature has determined that a substantial number of per-
sons are carrying out solid waste handling and composting activities in
violation of current law due to changing trends in local solid waste han-
dling and collection practices and state regulation of solid waste handling
and composting activities. The Legislature has directed that the Califor-
nia Integrated Waste Management Board (Board) adopt regulations to
enable such persons to obtain temporary solid waste facilities permits to
authorize the continued operation of such facilities for a limited period
to provide them time to obtain permanent solid waste facilities permits
pursuant to the Integrated Waste Management Act (the Act) and Board
regulations.
(b) The purpose of this article is to authorize an enforcement agency,
upon the concurrence of the Board's Executive Director, to issue a tem-
porary solid waste facilities permit, to the operator of an eligible facility
that is required to have a solid waste facilities permit but has not obtained
such a permit.
(c) This article establishes procedures by which operators may apply
for a temporary solid waste facilities permit and informs operators of eli-
gible facilities and enforcement agencies of those procedures.
(d) This article establishes standards and other regulatory require-
ments for facilities operating under a temporary solid waste facilities per-
mit.
(e) This article estabhshes procedures for enforcement agency and
Board consideration of applications for temporary solid waste facilities
permits, for Board concurrence in or objection to proposed permits, and
enforcement agency issuance or demal of permits.
(t) This article does not restrict any facility or recycling center, as de-
fined in 17402.5(d) of Title 14, California Code of Regulations (14
CCR), from conducting recycling activities in accordance with applica-
ble law.
(g) This article does not limit the authority of the state or a local
agency, including the Board and an enforcement agency, to enforce State
Minimum Standards and all other provisions of the Act and Board regula-
tions within their respective jurisdictions.
NOTE; Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1. New article 3.1.1 (sections 18218-18218.9) and section filed 3- 1 0-2008 as an
emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public
Resources Code section 44002.1(d), a Certificate of Compliance must be trans-
mitted to OAL by 6-30-201 0 or emergency language will be repealed by opera-
tion of law on the following day.
§18218.1. Definitions.
In addition to the definitions set forth in the Act or in sections 17381,
17402, and 17852 of the 14 CCR, the following definitions apply exclu-
sively to this article:
(a) "Temporary Solid Waste Facilities Permit" or "Temporary Permit"
means a solid waste facilities permit issued pursuant to this article.
(b) "Solid Waste Transfer or Processing Station" means a Transfer/
Processing Facility that receives 15 tons or more of solid waste or 200
tons or more of construction and demolition debris [defined at 14 CCR
17381(e)] or construction and demolition wood mulch [defined at 14
CCR 17381(f)] per operating day for the purpose of storing, handling or
processing some or all of the material prior to transferring the material
to another solid waste operation or facility. Solid waste transfer or pro-
cessing station does not include activities excluded from regulation in 14
CCR 17402.5.
(1 ) In determining the tonnage of solid waste received by a facihty, the
following materials shall be excluded: recyclable materials received by
a recycling center located within the facility, including without limitation
beverage container recycling programs in accordance with Public Re-
sources Code sections 14511. 7, 14518, or 14520, if the recycling activi-
ties are separated from the solid waste handling activities by a defined
physical barrier or are otherwise separated from solid waste handling ac-
tivities in a manner approved by the enforcement agency.
(2) If a facihty does not weigh the solid waste, construction and de-
molition debris or construction and demolition wood mulch received, the
tonnage shall be determined using a volumetric conversion factor.
(c) "Composting Facihty" means a Compostable Material Handling
Facility that processes, transfers, or stores compostable material. Han-
dling includes composting, screening, chipping and grinding, and stor-
age activities related to the production of compost, compost feedstocks,
and chipped and ground materials, and as more fully described at 14 CCR
17852(a)(12). Composting facility does not include acfivities excluded
from regulation in 14 CCR 17855.
(d) "Eligible Facility" means a solid waste transfer or processing sta-
tion or a composting facility that has been in continuous operation since
January 1 , 2007 or earlier and for which a solid waste facilities permit is-
sued pursuant to the Act and Board regulations is required as of January
1, 2008, but has not yet been issued by the enforcement agency having
jurisdiction.
(e) "Facility" means either a Solid Waste Transfer or Processing Sta-
tion or a Composting Facility, as defined in this article.
(f) "In Operation" means that the facility is actively engaged in the
business of solid waste handling or compostable materials handling.
(g) "Permanent Solid Waste Facilities Permit" means a solid waste fa-
cilities permit issued pursuant to the Act except a temporary permit is-
sued pursuant to this article.
NOTE; Authority cited: Section 44002.1, Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1. New section filed 3-10-2008 as an emergency, operative 3-10-2008 (Register
2008, No. 1 1 ). Pursuant to Public Resources Code section 44002 . 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
Page 805
Register 2008, No. 11; 3-14-2008
§ 18218.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 821 8.2. Authority to Issue Temporary Permits.
(a) Pursuant to this article, an enforcement agency may issue a tempo-
rary permit that authorizes the operator of an ehgible facihty to continue
operating for a limited time until it obtains a permanent soh'd waste facih-
ties permit or July 1, 2010, whichever comes first.
(b) An enforcement agency may not accept an application for a tempo-
rary permit after May 9, 2008 (the "final application date").
(c) A temporary permit issued under this article shall expire on June
30, 2010 or on the effective date of the permanent solid waste facilities
permit respecting the facility, whichever comes first.
(d) A temporary permit may not authorize any increase in the amount
of materials handled at a facility or any change in the types of materials
handled or in the manner they are handled, based on the facility's opera-
tions during calendar year 2007, except as the enforcement agency may
determine that such changes are necessary to protect the public health
and safety and the environment or to comply with state minimum stan-
dards applicable to the facihty.
(e) A temporary permit may not authorize a facility to increase, or
change the location of, the area devoted to solid waste handling activities
or compostable materials handling activities beyond that utilized during
calendar year 2007, except as the enforcement agency may determine
that such increase or change is necessary to protect the public health and
safety and the environment or to comply with state minimum standards
applicable to the facility.
(f) A facility to which a temporary permit has been issued may not be
moved from its location as of January 1 , 2008 to another location on a
different parcel of real property during the term of the permit.
(g) Neither ownership nor the operation of a facility to which a tempo-
rary permit has been issued may be transferred to another person during
the term of the permit except as provided in Title 27, California Code of
Regulations, Sections 21630 and 21670.
(h) Except as expressly provided otherwise in this article, facilities op-
erating under a temporary permit shall comply with the Act and Board
regulations applicable to such facilities.
NOTE: Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1 . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. ! 1 ). Pursuant to Public Resources Code section 44002. 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 18218.3. Requirement to Obtain a Temporary Permit.
(a) The operator of an eligible facility shall obtain a temporary permit
pursuant to this article or a permanent solid waste facilities permit pur-
suant to the Act and Board regulations or shall immediately cease the ac-
tivities for which a permit is required.
(b) An operator of an eligible facility, if it elects to apply for a tempo-
rary permit, shall submit a complete and correct application for such per-
mit to the enforcement agency no later than the final application date.
(c) If an enforcement agency, acting pursuant to Public Resources
Code Section 44002, issues a cease and desist order to the operator of an
eligible facility prior to the final application date ordering the operator
to cease operating a solid waste facility without a solid waste facilities
permit, it shall, upon receipt of a complete and correct application for a
temporary permit under this article, stay the effect of that portion of the
order that directs the operator to cease operating a solid waste facility
without the required solid waste facilities permit. The term of the stay
shall run from the enforcement agency's determination that the applica-
tion is complete and correct to its issuance of the temporary permit, in
which case the enforcement agency's order to cease operating a solid
waste facility without the necessary permit has no further effect, or its de-
nial of the temporary permit and the completion of any appeals to the lo-
cal hearing panel or hearing officer and the Board, in which case the cease
and desist order shall be given its full force and effect. Notwithstanding,
the effect of the cease and desist order will not be stayed if the enforce-
ment agency determines the continued operation of the facility during the
period of the stay may pose an imminent and substantial threat to the pub-
lic health and safety and the environment.
(d) The operator of a facility operating pursuant to a temporary permit
shall obtain a permanent solid waste faciUties permit from the enforce-
ment agency having jurisdiction, or cease the activities for which a solid
waste facilities permit is required, on or before June 30, 2010.
[NOTiE: A person who is conducting solid waste handling activities or composting
who is not required to obtain a solid waste facilities permit may be required to
notify the enforcement agency. See, for example, 14 CCR ijJj 17403.3, 17383.3,
17383.4, 17383.7, 17857.1, and 17862.1.]
NOTE: Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1 . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1 ). Pursuant to Public Resources Code section 44002. 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 1 821 8.4. Standards Applicable to Facilities.
(a) The operator of a solid waste transfer or processing station for
which a temporary permit has been issued must comply with the require-
ments of 14 CCR, division 7, chapter 3, articles 6.2 [Operating Stan-
dards], 6.3 [Record Keeping Requirements], and 6.35 [Additional Oper-
ating Requirements for Facilities Only].
(b) The operator of a composting facility for which a temporary permit
has been issued must comply with the requirements of 14 CCR, division
7, chapter 3.1, articles 5 [Composting Operation and Facility Siting and
Design Standards], 6 [Composting Operating Standards], and article 8
[Composting Operation and Facility Records]. If material is held at the
composting facility longer than 7 days, the operator must also comply
with the requirements of 14 CCR, division 7, chapter 3.1, article 7 [Envi-
ronmental Health Standards].
(c) The owner or operator of a facility for which a temporary permit
has been issued shall agree to allow the enforcement agency and the
Board to inspect the facility at any time during normal business hours.
The enforcement agency shall inspect the facility at least monthly and
may inspect more frequently, as it deems appropriate. Inspections will be
unannounced and unscheduled.
NOTE; Authority cited: Section 44002.1, Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1 . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1 ). Pursuant to Public Resources Code section 44002. 1(d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 1 821 8.5. Notification of Availability of a Temporary
Permit.
Each enforcement agency shall attempt to notify the operators of all
potential eligible facilities within its jurisdiction of the availability of
temporary permits. The failure of an enforcement agency to so notify an
operator of an eligible facility shall not excuse an operator from timely
compliance with this article.
NOTE; Authority cited: Section 44002.1, Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1. New section filed 3-1 0-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1 ). Pursuant to Public Resources Code section 44002.1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operafion of law on the following day.
§ 1 821 8.6. Application for a Temporary Permit.
(a) The operator of an eligible facility who desires to obtain a tempo-
rary permit pursuant to this article shall file a complete and correct ap-
plication for such permit on or before the final application date.
(b) The application must describe the solid waste handling and com-
posting activities to be authorized under the temporary permit sought by
the operator of the eligible facility. Those activities shall be substantially
identical to those conducted by the operator during calendar year 2007,
although the operator may decrease the amount of materials handled or
make other changes that enhance the protection of the public health and
safety or reduce the facility's impacts on the environment. In no case
Page 806
Register 2008, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18218.6
shall the solid waste handling or composting activities be changed in a
way that would subject the proposed permit to evaluation under the
California Environmental Quality Act (CEQA), Public Resources Code,
sections 21000 et seq. The application must contain sufficient verifiable
information regarding the solid waste handling and composting activities
at the facility during 2007 to satisfy the enforcement agency that the acti-
vities proposed under the temporary permit are substantially identical to
those conducted at the facility during calendar year 2007.
(c) The application for a temporary permit for a transfer and proces-
sing facility shall contain the following:
(1) Application For Solid Waste Facilities PermitAVaste Discharge
Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version
8-04, Appendix 1 (incorporated herein by reference)). The applicant
shall specify on the application that it is intended for a temporary permit.
(2) name(s) of the operator and owner.
(3) schematic drawing of the facility, including buildings and other
structures, showing layout and general dimensions of the operations area,
including, but not limited to, unloading, storage, loading, and parking
areas.
(4) descriptive statement of the manner in which activities are current-
ly conducted at the facility and proposed to be conducted under the tem-
porary permit.
(5) days and hours that the facility operates. If the hours of waste re-
ceipt differ from the hours of material processing, each set of hours must
be stated. For facilities with continuous operations, indicate the start of
the operating day for purpose of calculating amount of waste received per
operating day. The operator may also indicate whether or not, and when,
other activities, such as routine maintenance will take place, if those acti-
vities will occur at times other than those indicated above.
(6) total acreage contained within the operating area and total area that
is to be included within the solid waste facilities permit.
(7) facility design capacity including the assumptions, methods, and
calculations performed to determine the total capacity.
(8) information showing the types and the daily quantities of solid
waste received during 2007. If tonnage was calculated from records
stated in cubic yards, include the conversion factor used. The information
submitted shall be in the form of verifiable business records, such as cer-
tified scale records, weight tags, receipts, bills of sale, disposal receipts,
and other records acceptable to the enforcement agency. The information
shall include records (if available) or good faith estimates (if records are
not available) of the daily quantities of "putrescible wastes" and "residu-
als" (as defined in subdivision (a)(21) of Section 17402 and in subdivi-
sion (b)(1) of Section 17402.5 of 14 CCR, respectively) during calendar
year 2007.
(9) description of the methods used by the facility to comply with each
applicable state minimum standard as described in 14 CCR 18218.4.
(10) volume of quench or process water and the planned method of
treatment, and disposal of any wastewater.
(1 1) description of provisions to handle unusual peak loading.
(12) description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units.
(13) method for final disposal of the solid waste.
(14) method for the storage and removal of salvaged material.
(15) resumes of manager of the organization which will operate the fa-
cility.
(16) Fire Prevention, Control and Mitigation Plan which contains the
following:
(A) Description of the measures the operator will take to prevent fires
and to control and extinguish fires at the site.
(B) Identification and description of the equipment the operator will
have available (on site and readily available off-site) to control and extin-
guish fires.
(C) Description of the measures the operator will take to mitigate the
impacts of any fire at the site to the public health and safety and the envi-
ronment.
(D) DescripUon of the arrangements the operator has made with the lo-
cal fire control authority having jurisdiction to provide fire prevention,
control and suppression.
(E) Discussion of the ability of the local fire control authority to sup-
press fires at the site in light of the authority's personnel, expertise and
equipment, the availability of water, access to the site and to llammable
materials on the site, the nature of flammable materials on the site, the
quanfity and dimensions of materials on the site, and the potential for sub-
surface fires in accumulafions of flammable materials on the site.
(17) The operator shall cerfify whether the facility is included within
the Nondisposal Facility Element of the applicable Countywide Solid
Waste Management Plan. If not, the operator shall acknowledge that the
facility must be included in such plan before a permanent solid waste fa-
cilities permit will be issued.
( 1 8) The owner and operator shall each certify under penalty of perjury
that the information provided is true and accurate to the best of their
knowledge and belief.
(19) Evidence that a copy of the completed application was provided
to the director of the local agency that oversees local land use planning
for the jurisdicuon in which the facility is located.
(20) List of all public hearings and other meetings open to the public
that have been held or copies of notices distributed that are applicable to
the proposed solid waste facilities permit action.
(d) The applicafion for a temporary permit for a composting facility
shall contain the following:
(1) Applicafion For Solid Waste Facilifies PermitAVaste Discharge
Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version
8-04, Appendix 1 (incorporated herein by reference)). The applicant
shall specify on the application that it is intended for a temporary registra-
tion permit.
(2) name(s) of the operator and owner.
(3) A descriptive statement of the operations currently conducted at
the facility and proposed to be conducted under the temporary permit.
(4) A schematic drawing of the facility, including any buildings and
other structures, showing layout and general dimensions of all processes
utilized in the handling and processing of materials including, but not
limited to, unloading, storage, processing, parking, and loading areas.
(5) A description of methods used to control leachate, litter, odors,
dust, rodents, and insects.
(6) A descripdon of the emergency provisions for equipment break-
down or power failure.
(7) A description of the storage capacity and maximum and average
length of fime compostable materials will be stored at the faciUty.
(8) A description of compostable materials handling equipment used
at the facility including type, capacity, and number of units.
(9) Information demonstrating the operations of the facility during
2007 in cubic yards, including without limitation compostable materials
and feedstock received, processed and stored on the site and finished ma-
terials stored on the site. The information submitted shall be in the form
of verifiable business records, such as certified scale records, weight
tags, receipts, bills of sale, disposal receipts and other records acceptable
to the enforcement agency.
(10) A descripfion of provisions to handle unusual peak loadings.
(1 1) A descripfion of the method for storage and final disposal of non-
recoverable or nonmarketable residues.
(12) A descripfion of the water supplies for process water required.
(13) Identification of person(s) responsible for oversight of facility op-
erations.
(14) An Odor Impact Minimization Plan pursuant to 14 CCR 17863.4.
(15) Fire Prevention, Control and Mitigation Plan which contains the
following:
(A) Description of the measures the operator will take to prevent fires
and to control and extinguish fires at the site.
Page 806.1
Register 2008, No. 11; 3-14-2008
§ 18218.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(B) Identification and description of the equipment the operator will
have available (on site and readily available off-site) to control and extin-
guish fires.
(C) Description of the measures the operator will take to mitigate the
impacts of any fire at the site to the public health and safety and the envi-
ronment.
(D) Description of the arrangements the operator has made with the lo-
cal fire control authority having jurisdiction to provide fire prevention,
control and suppression.
(E) Discussion of the ability of the local fire control authority to sup-
press fires at the site in light of the authority's personnel, expertise and
equipment, the availability of water, access to the site and to flammable
materials on the site, the nature of flammable materials on the site, the
quantity and dimensions of materials on the site, and the potential for sub-
surface fires in accumulations of flammable materials on the site.
(16) The operator shall certify whether the facility is included within
the Nondisposal Facility Element of the applicable Countywide Solid
Waste Management Plan. If not, the operator shall acknowledge that the
facility must be included in such plan before a permanent solid waste fa-
cilities permit will be issued.
(17) The owner and operator shall each certify under penalty of perjury
that the information provided is true and accurate to the best of their
knowledge and belief.
(18) Evidence that a copy of the completed application was provided
to the director of the local agency that oversees local use planning for the
jurisdiction in which the facility is located.
(19) List of all public hearings and other meetings open to the public
that have been held or copies of notices distributed that are applicable to
the proposed solid waste facilities permit action.
(e) If an operator of an eligible facility fails to submit a complete and
correct application to the enforcement agency by the final application
date, the enforcement agency shall take appropriate enforcement action.
(Note: The information provided to comply with 18218.6(c)(8) and (d)(9) shall
be substantial enough to provide a complete description of the specific waste types
and amounts received. The description could include: a list of waste types and
amounts; specific collection methods used such as curbside, commercial recycling
bins, office recycling; the nature of the waste such as the percentage of putrescible
materials mixed in the material; percentage of material that is sent for further pro-
cessing or disposal; and similar information.)
NOTE: Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1 , Public Resources Code.
History
1 . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1). Pursuant to Public Resources Code section 44002. 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 18218.7. Enforcement Agency Processing Requirements
for a Temporary Permit.
(a) Upon receipt of an application for a temporary permit on or before
the final application date, the enforcement agency shall mark on the ap-
plication form the date of its receipt.
(1) Within 20 days from receipt, the enforcement agency shall (i) re-
view the application to determine whether it meets the requirements of
section 18218.6 and (ii) notify the applicant in writing of any deficiencies
in the application.
(2) Within 10 days from its receipt of notice that the application is defi-
cient, the applicant may submit to the enforcement agency revised or
additional materials to correct the deficiencies in the application.
(3) Within 5 days from its receipt of such revised or additional materi-
als, the enforcement agency shall (i) determine if the application, as re-
vised and supplemented, meets the requirements of section 18218.6 and
(ii) take the action specified in subdivision (b) or (c) of this section, as
appropriate.
(b) If the enforcement agency finds that the application is not complete
and correct pursuant to section 1 8218.6, the enforcement agency shall re-
ject the application and mail a copy of the rejected application, together
with an explanation of the basis for its rejection, to the applicant.
(c) If the enforcement agency finds the application is complete and
correct pursuant to section 18218.6, the enforcement agency shall accept
the application for filing, stamp the application form with the date and
time of its acceptance and notify the applicant in writing that its applica-
tion has been accepted for filing.
(d) Within 15 days of the enforcement agency's acceptance of an ap-
plication for filing:
(1) The enforcement agency shall evaluate the information provided
in the application and shall inspect the facility to determine whether or
not the facility will be able to operate in compliance with the applicable
standards.
(2) If the enforcement agency finds that the application and facility
meet the requirements set forth in this article, the enforcement agency
shall prepare a proposed temporary permit and shall submit the proposed
permit, the application package, and the results of any analysis of the pro-
posed permit to the Board. The enforcement agency shall also deliver a
copy of the proposed temporary permit to the applicant.
(3) If the enforcement agency finds that the application or facility do
not meet the requirements set forth in this article, the enforcement agency
shall deny the application and the enforcement agency shall mail a copy
of the denied application to the applicant, together with an explanation
of the basis for its denial.
(e) If the Executive Director of the Board concurs in the issuance of
the proposed temporary permit, the enforcement agency shall issue the
permit within 5 days from its receipt of notice of Board concurrence.
(f) If the Executive Director of the Board objects to the proposed per-
mit, the enforcement agency shall notify the applicant in writing of the
Executive Director's decision and the basis for the Executive Director's
objection and shall deny the applicadon within 5 days from its receipt of
that decision.
(g) If the enforcement agency denies an application for a temporary
permit, whether as a result of its own determination or the objection of
the Executive Director, the operator may appeal to the applicable hearing
panel or hearing officer pursuant to Public Resources Code, section
44300. Upon a timely appeal, the denial of the application shall be sus-
pended pending complefion of the hearing and the issuance of a decision
by the hearing panel or hearing officer and any subsequent appeal to the
Board.
NOTE: Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
1 . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1). Pursuant to Public Resources Code section 44002.1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 18218.8. Board Processing Requirements.
(a) Board staff shall evaluate the application package and the proposed
temporary permit for compliance with the requirements set forth in this
article.
(b) Within 1 5 days of the Board' s receipt of a proposed temporary per-
mit, the Executive Director of the Board shall either concur in or object
to the issuance of the proposed temporary permit.
(c) The Executive Director of the Board shall concur in the issuance
of a temporary permit unless he/she makes any of the following deter-
minations:
(1 ) The application package that the enforcement agency submitted to
the Board with a proposed temporary solid waste facilities permit is in-
complete.
(2) The information provided by the applicant and the enforcement
agency to demonstrate the nature and level of solid waste handling activi-
ties or compostable materials handling activities at the facility in 2007
does not justify the activiUes proposed at the facility under the proposed
temporary permit, is not credible due to a lack of verification or other rea-
sons, or is contradicted and discredited by credible evidence provided to
the Executive Director.
(3) The enforcement agency's proposed temporary permit developed
pursuant to this article does not insure that the facility will be able to oper-
Page 806.2
Register 2008, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18218.9
ate consistent with applicable standards, as determined by the Executive
Director.
(d) The failure of an eligible facility to be specified in the Nondisposal
Facility Element of the applicable County wide Solid Waste Management
Plan is not grounds for the Executive Director to object to a proposed
temporary permit in that the issuance of a temporary permit does not
constitute the establishment or expansion of a solid waste facility for the
purposes of Public Resources Code Section 30001 .
(e) If the Executive Director objects to a proposed temporary permit,
he/she shall accompany his/her objection with an explanation of the basis
for his/her decision, which may suggest amendments that may correct the
deficiencies in the proposed temporary permit; however, such sugges-
tions do not constitute approval of the proposed temporary permit subject
to incorporation of the suggestions.
(f) Within seven days from the Executive Director's concurrence in,
or objection to, a proposed temporary permit, the Board staff shall notify
the enforcement agency of the Executive Director's determination in
writing. If the Executive Director objects, the reasons for the objection
shall be provided to the enforcement agency.
NOTE: Authority cited: Section 44002.1 , Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
History
I . New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008. No. 1 1 ). Pursuant to Public Resources Code section 44002. 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
§ 1 821 8.9. Form of Temporary Permit.
For purposes of this article, the following form shall be used by an en-
forcement agency when issuing a temporary permit. This form shall be
accurately and fully completed by the enforcement agency and shall not
be modified. The enforcement agency shall sign and issue the permit only
after it has received written notice of concurrence in the proposed permit
by the Executive Director of the Board.
State of California
TEMPORARY SOLID WASTE FACILITIES PERMIT
California Integrated Waste
Management Board
Name of Facility;
Type of Facility; Solid Waste Transfer or Processing Station
Composting Facility
Name and Address of Enforcement Agency:
Signauire of Local Enforcement Agency Approving Officer:
Printed Name and Title of Approving Officer:
Date of Issuance:
This permit has been issued by the enforcement agency in accordance with Article 3. 1.1, Chapter 5, Division 7, Title 14,
of the California Code of Regulations. This permit incorporates by reference, as terms and conditions of the permit, all
minimum standards applicable to it, as set forth in Division 7, Title 14, of the California Code of Regulations. These mini-
mum standards include, but are not limited to the following:
The facility for which this permit has been issued may only be operated in accordance with the description provided in
the attached application package, date , which is hereby incorporated by reference. This permit shall expire
on the effective date of a solid waste facilities permit issued to the operator of the facility or June 30, 2010, whichever
comes first.
[Note: An enforcement agency may contact CIWMB Permitting and LEA Sup-
port Division for assistance in completing this form. An electronic version of this
form is available on the CIWMB website at http://www.ciwmb.ca.gov/LEAcen-
tral.l
NOTE: Authority cited: Section 44002.1, Public Resources Code. Reference: Sec-
tion 44002.1, Public Resources Code.
Page 806.2(a)
Register 2008, No. 11; 3-14-2008
§ 18220
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register
2008, No. 1 1 ). Pursuant to Public Resources Code section 44002. 1 (d), a Certifi-
cate of Compliance must be transmitted to OAL by 6-30-2010 or emergency
language will be repealed by operation of law on the following day.
Article 3.2. Reports of Facility Information
§ 18220. Report of Green Composting Site Information.
NOTE: Authority cited: Section 40502. 43020 and 43021, Public Resources Code.
Reference: Sections 43020 and 43021, Public Resources Code.
HrSTORY
1. New section filed 7-15-93; operative 7-15-93 (Register 93, No. 29).
2. Repealer of section and Appendix 1 filed 6-30-95; operative 7-30-95 (Register
95. No. 26).
§ 1 8221 . Report of Station Information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect adding section 1 8221 filed 8-1 7-89 pursuant
to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 3-5-99; operative 3-5-99 pursuant to Government Code section
11 343.4(d) (Register 99, No. 11).
§18221.5. Facility Plan.
Each operator of a Medium Volume Transfer/Processing Facility, or
Direct Transfer Facility that is required to obtain a Registration Permit,
as set forth in sections 17403.4 and 17403.6 and Title 14, Division 7,
Chapter 5.0, Article 3.0, (commencing with section 18100) shall, at the
time of application, file a Facility Plan or "Plan" with the EA as required
in section 1 7403.8 of this Title. In order to maintain the permit, the opera-
tor must file amendments as necessary to maintain the accuracy of the Fa-
cility Plan required in section 174093.8 of this Title. Such amendments,
or lack thereof, may become the basis for changes in the permit or for re-
vocation of the permit. A Plan shall contain the following:
(a) naine(s) of the operator, owner, and the company they represent,
if applicable;
(b) schematic drawing of the building and other structures showing
layout and general dimensions of the operations area, including, but not
limited to, unloading, storage, loading, and parking areas;
(c) descriptive statement of the manner in which activities are to be
conducted at the facility;
(d) days and hours that the facility is to operate. If the hours of waste
receipt differ from the hours of material processing, each set of hours may
be stated. For facihties with continuous operations, indicate the start of
the operating day for purpose of calculating amount of waste received per
operating day. The operator may also indicate whether or not, and when,
other activities, such as routine maintenance will take place, if those acti-
vities will occur at times other than those indicated above;
(e) total acreage contained within the operating area;
(f) facility design capacity including the assumptions, methods, and
calculations performed to determine the total capacity;
(g) information showing the types and the daily quantities of solid
waste to be received. If tonnage was figured from records of cubic yards,
include the conversion factor used;
(h) description of the methods used by the facility to comply with each
state minimum standard contained in sections 17406.1 through 17419.2;
(i) anticipated volume of quench or process water and the planned
method of treatment, and disposal of any wastewater;
(j) description of provisions to handle unusual peak loading;
(k) description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units;
(/) planned method for final disposal of the solid waste;
(m) planned method for the storage and removal of salvaged material;
(n) resume of management organization which will operate the facil-
ity.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 1 1 343.4(d) (Register 99, No. 1 1 ).
§ 1 8221 .6. Transfer/Processing Report.
Each operator of a Large Volume Transfer/Processing Facility that is
required to obtain a Full Solid Waste Facility Permit, as set forth in Title
27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2,
(commencing with section 21570) shall, at the time of application, file
a Transfer/Processing Report or "Report" with the EA as required in sec-
tion 1 7403.9 of this Title. In order to maintain an existing permit, the op-
erator inust file amendments as required in section 17403.9 of this Title
and re-title the document as a Transfer/Processing Report. Such amend-
ments, or lack thereof, may become the basis for changes in the permit
or for revocation of the permit. A Report shall contain the following:
(a) name(s) of the operator, owner, and the company they represent,
if applicable;
(b) facility specifications or plans, to include: a site location map, a site
map, and identification of adjacent land uses and distances to residences
or structures that are nearby and are within 1 000 feet of the facility prop-
erty line;
(c) schematic drawing of the building and other structures showing
layout and general dimensions of the operations area, including, but not
limited to, unloading, storage, loading, and parking areas;
(d) descriptive statement of the manner in which activities are to be
conducted at the facility;
(e) days and hours the facility is to operate. If the hours of waste receipt
differ from the hours of material processing, each set of hours may be
stated. For facilities with continuous operations, indicate the start of the
operating day for purpose of calculating amount of waste received per
operating day. The operator may also indicate whether or not, and when,
other activities, such as routine maintenance will take place, if those acti-
vities will occur at times other than those indicated above;
(f) total acreage contained within the operating area;
(g) facility design capacity including the assumptions, methods, and
calculations performed to determine the total capacity;
(h) information showing the types and the daily quantities of solid
waste to be received. If tonnage was figured from records of cubic yards,
include the conversion factor used;
(i) description of the methods used by the facility to comply with each
state minimum standard contained in sections 1 7406.1 through 17419.2;
(j) anticipated volume of quench or process water, and the planned
method of treatment, and disposal of any wastewater;
(k) description of provisions to handle unusual peak loading;
(/) description of transfer, recovery and processing equipment, includ-
ing classification, capacity and the number of units;
(m) planned method for final disposal of the solid waste;
(n) planned method for the storage and removal of salvaged material;
(o) resume of management organization which will operate the facil-
ity;
(p) list of permits already obtained, and the date obtained or last re-
vised.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 3-5-99; operative 3-5-99 pursuant to Government Code sec-
tion 11343.4(d) (Register 99, No. 11).
§ 18222. Report of Disposal Site Information.
NOTE: Authority cited: Section 40502, Pubhc Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . Change without regulatory effect adding section 1 8222 filed 8-1 7-89 pursuant
to section 100, title 1, California Code of Regulations (Register 89, No. 35).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Page 806.2(b)
Register 2008, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18223.5
§ 18223. Facility Plan for Medium Volume Construction
and Demolition/Inert Debris Processing
Facilities and Medium Volume C&D Wood
Debris Chipping and Grinding Facilities.
(a) Each operator ol'a medium volume CDl debris processing facility
or medium volume C&D wood debris chipping and grinding facility that
is required to obtain a Registration Permit, as set forth in CCR, Title 14,
Division 7, Chapter 3.0, Article 5.9, sections 17383.5 or 17383.3, and
CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at sec-
tion 1 8 1 00 et seq., shall file with the EA, together with its application for
a Registration Permit, a CDl Debris Processing Facility Plan or C&D
Wood Debris Chipping and Grinding Plan, as applicable. The Plan shall
contain the following:
( 1 ) Names of the operator and owner, and the key employee responsi-
ble for operation of the site;
(2) Schematic drawing all buildings and other structures showing lay-
out and general dimensions of the operations area, including, but not lim-
ited to, unloading, storage, loading, and parking areas;
(3) Descriptive statement of the manner in which activities are to be
conducted at the facility;
(4) Days and hours that the facility is to operate. If the hours of debris
receipt differ from the hours of material processing, each set of hours
shall be stated. For facilities with continuous operations, indicate the start
of the operating day for purpose of calculating amount of debris received
per operating day. The operator may also indicate whether or not, and
when, other activities, such as routine maintenance will take place, if
those activities will occur at times other than those indicated above;
(5) Total acreage contained within the operating area;
(6) Facility design capacity including the assumptions, methods, and
calculations performed to determine the total capacity;
(7) Information showing the types and the daily quantities of debris to
be received. (In any calculations necessary as part of the plan, amounts
shall be figured in tons. If tonnage is figured from cubic yards, include
the conversion factors used as approved by the EA;
(8) Estimates of the amount of residual to be generated on a monthly
basis and the amount of material salvaged and/or recycled;
(9) Description of the methods used by the facility to comply with each
State Minimum Standard required by CCR, Title 14, Division 7, Chapter
3.0, Article 5.9;
(10) Anticipated volume of quench or process water and the planned
method of treatment, and disposal of any wastewater;
(11) Description of provisions to handle unusual peak loading;
(12) Description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units;
(13) Planned method for final disposition of debris received at the fa-
cility, including but not limited to materials being transferred to other fa-
cilities or operations for further processing, recycled materials, and solid
waste;
( 14) Planned method for the storage and removal of salvaged material;
(15) Resume of management organization which will operate the fa-
cility;
(16) The operator shall record and retain records of any serious injury
to the public occurring on-site and any complaint of adverse health ef-
fects to the public attributed to operations. Serious injury means any inju-
ry that requires inpatient hospitalization for a period in excess of 24 hours
or in which a member of the public suffers a loss of any member of the
body or suffers any degree of permanent disfigurement; and
(17) The operator shall retain a record of training and instruction com-
pleted in accordance with Article 6.2, section 17410.3.
(1 8) A copy of the operator's Injury and Illness Prevention Plan (as ap-
plicable under current law).
(19) Fire Prevention, Control and Mitigation Plan ("Plan") which con-
tains the following:
(A) Description of the measures the operator will take to prevent fires
and to control and extinguish fires at the site;
(B) Identification and description of the equipment the operator will
have available (on site and readily available off-site) to control and extin-
guish fires;
(C) Description of the measures the operator will take to mitigate the
impacts of any fire at the site to the public health and safety and the envi-
ronment;
(D) Description of the arrangements the operator has made with the lo-
cal fire control authority having jurisdiction to provide fire prevention,
control and suppression;
(E) Discussion of the ability of the local fire control authority to sup-
press fires at the site in light of the authority's personnel, expertise and
equipment, the availability of water, access to the site and to flammable
materials on the site, the nature of flammable materials on site, the quan-
tity and dimensions of materials on the site, and the potential for subsur-
face fires in accumulations of flammable materials on the site.
(F) Evidence that the operator has submitted the Plan to the local fire
control authority for review and that the authority has found it to be in
compliance with the authority's applicable requirements.
(b) The operator must file amendments as necessary to maintain the
accuracy of the Plan. Such amendments may become the basis for revi-
sions to the Registration Permit for the facility. Failure to submit timely
amendments may be cause for suspension or revocation of the permit.
NOTE: Authority cited: Section 40502, 43020 and 43021 , Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1. New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
2. Change without regulatory effect amending subsection (a) filed 6-29-2004 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2004, No.
27).
§ 18223.5. Facility Reports for Construction and
Demolition/Inert or Inert Debris Facilities and
Large Volume C&D Wood Debris Chipping and
Grinding Facilities.
(a) Each operator of a large volume CDl debris processing facility or
inert debris processing faciUty, or large volume C&D wood debris chip-
ping and grinding facility that is required to obtain a Full Permit, as set
forth in CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, sections
17383.6, or 17383.8, or 17383.3 and Title 27, CCR, Division 2, Subdivi-
sion 1 , Chapter 4, commencing with section 2 1 450, shall file with the EA,
together with its application for a Full Permit, a CDl Debris Processing
Facility Report or Inert Debris Processing Facility Report, as applicable.
The Report shall contain the following:
( 1 ) Names of the operator and owner, and the key employee responsi-
ble for operation of the site;
(2) Schematic drawing all buildings and other structures showing lay-
out and general dimensions of the operations area, including, but not lim-
ited to, unloading, storage, loading, and parking areas;
(3) Descriptive statement of the manner in which activities are to be
conducted at the facility;
(4) Days and hours that the facility is to operate. If the hours of debris
receipt differ from the hours of material processing, each set of hours
shall be stated. For facilities with continuous operations, indicate the start
of the operating day for purpose of calculating amount of debris received
per operating day. The operator may also indicate whether or not, and
when, other activities, such as routine maintenance will take place, if
those activities will occur at times other than those indicated above;
(5) Total acreage contained within the operating area;
(6) Facility design capacity including the assumptions, methods, and
calculations performed to determine the total capacity;
(7) Information showing the types and the daily quantities of debris to
be received. If tonnage was figured from records of cubic yards, include
the conversion factor used;
(8) In any calculations necessary as part of the plan, amounts shall be
figured in tons. If tonnage is figured from cubic yards, include the con-
version factors used as approved by the EA;
Page 806.2(c)
Register 2008, No. 11; 3-14-2008
§ 18223.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(9) Description of the methods used by the facility to comply with each
State Minimum Standard required by CCR, Title 14, Division 7, Chapter
3.0, Article 5.9, commencing at section 17380;
(10) Anticipated volume of quench or process water and the planned
method of treatment, and disposal of any wastewater;
(11) Description of provisions to handle unusual peak loading;
(12) Description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units;
(13) Planned method for final disposition of debris received at the fa-
cility, including but not limited to materials being transferred to other fa-
cilities or operations for further processing, recycled materials, and solid
waste;
(14) Planned method for the storage and removal of salvaged material;
(15) Resume of management organization which will operate the fa-
cility;
(16) List of permits already obtained, and the date obtained or last re-
vised;
(17) The operator shall record and retain records of any serious injury
to the public occurring on-site and any complaint of adverse health ef-
fects to the public attributed to operations. Serious injury means any inju-
ry that requires inpatient hospitalization for a period in excess of 24 hours
or in which a member of the public suffers a loss of any member of the
body or suffers any degree of permanent disfigurement; and
(1 8) The operator shall retain a record of training and instruction com-
pleted in accordance with. Article 6.2, section 17410.3.
(19) A copy of the operator's Injury and Illness Prevention Plan (as ap-
plicable under current law).
(20) Fire Prevention, Control and Mitigation Plan ("Plan") which con-
tains the following:
(A) Description of the measures the operator will take to prevent fires
and to control and extinguish fires at the site;
(B) Identification and description of the equipment the operator will
have available (on site and readily available off-site) to control and extin-
guish fires;
(C) Description of the measures the operator will take to mitigate the
impacts of any fire at the site to the public health and safety and the envi-
ronment;
(D) Description of the arrangements the operator has made with the lo-
cal fire control authority having jurisdiction to provide fire prevention,
control and suppression;
(E) Discussion of the ability of the local fire control authority to sup-
press fires at the site in light of the authority's personnel, expertise and
equipment, the availability of water, access to the site and to flammable
materials on the site, the nature of flammable materials on site, the quan-
tity and dimensions of materials on the site, and the potential for subsur-
face fires in accumulations of flammable materials on the site.
(F) Evidence that the operator has submitted the Plan to the local fire
control authority for review and that the authority has found it to be in
compliance with the authority's applicable requirements.
(b) The operator must file amendments as necessary to maintain the
accuracy of the Report. Such amendments may become the basis for revi-
sions to the Full Permit for the facility. Failure to submit timely amend-
ments may be cause for suspension or revocation of the permit.
NOTE: Authority cited: Section 40502, 43020 and 43021 , Public Resources Code.
Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
§ 18223.6. Disposal Facility Plan.
Each operator of an Inert Debris Type A Disposal Facility that is re-
quired to obtain a Registrafion Permit pursuant to Title 14 CCR, section
17388.4 shall, at the Ume of applicaUon, file a Disposal FaciUty Plan with
the EA. In order to maintain the permit, the operator must file amend-
ments as necessary to maintain the accuracy of the Plan. Such amend-
ments, or lack thereof, may become the basis for changes in the permit
or for revocation of the permit. A Disposal Facility Plan shall contain the
following:
(a) Name(s) of the operator, owner, and the company they represent,
if applicable;
(b) Scaled schematic drawing of the building and other structures
showing layout and general dimensions of the operations area, including
but not limited to, unloading, storage, loading, and parking areas;
(c) Descriptive statement of the manner in which activities are to be
conducted at the facility;
(d) Days and hours of operation. If the hours of waste receipt differ
from the hours of material processing, each schedule may be stated. For
facilities with continuous operafions, indicate the start of the operafing
day for the purpose of calculating the amount of waste received per oper-
ating day. The operator may also indicate whether or not, and when, other
activities such as routine maintenance will take place, if those activities
will occur at times other than those indicated above;
(e) Total acreage contained within the operating or disposal areas;
(f) Facility design capacity, including the assumpdons, methods, and
calculations performed to determine the total capacity;
(g) Information indicating the types and daily quantifies of waste or
debris to be received. If tonnage is determined from records of cubic
yardage, include the conversion factor used in the calculafion;
(h) Descripfion of methods used by the facility to comply with each
State Minimum Standard;
(i) Anticipated volume of quench or process water and the planned
method of treatment and disposal of any wastewater;
(j) Description of provisions to handle unusual peak loading;
(k) Description of transfer, recovery and processing equipment, in-
cluding classification, capacity and the number of units.
(/) Planned method for final disposal of the solid waste;
(m) Planned method for the storage and removal of salvaged material.
(o) Resume of management organizafion that will operate the facility.
(p) A description of road building and seasonal tipping pad design.
(q) A description of a program to prevent the acceptance of unap-
proved materials and hazardous wastes.
(r) A description of the planned method for storage and removal of
prohibited wastes.
(s) A copy of the operator's Injury and Illness Prevention Plan (as ap-
plicable under current law).
NOTE: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Re-
sources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Re-
sources Code.
History
1. New section filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52).
2. Editorial correction of History 1 (Register 2004, No. 2).
§ 18224. Report of Contaminated Soil Disposal Site
Information.
Each operator of a contaminated soil disposal facility that is required
to obtain a Standardized Solid Waste Facilities permit, as set forth in sec-
tion 17362.3, shall, at the time of application, file a Report of Contami-
nated Soil Disposal Site Informadon with the enforcement agency. A Re-
port of Contaminated Soil Disposal Site Informadon shall contain the
following:
(a) A descripdve statement of the manner in which the operadon is to
be conducted at the site.
(b) Information showing the types and concentrations of chemical
consdtuents, and the quandties of contaminated soil to be received.
(c) A schemadc drawing of the facility showing layout and general di-
mensions of the operadons area, including, but not limited to, unloading,
storage, disposal, and parking.
(d) A descripdon of the proposed methods used to control litter, nui-
sances, odors, noise impacts, dust, and other public health and safety and
environmental hazards.
(e) Indicadon of the approximate total acreage contained within the
operadons area and either the total esdmated capacity in tons indicadng
in place densides assumed, or the capacity in cubic yards. Also include
Page 806.2(d)
Register 2008, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18227
a projection of the life expectancy of the site based on current and/or an-
ticipated loadings.
(f) The general location of the proposed disposal site shown on a map
of at least the scale size equivalent to a 1:24,000 USGS topographical
quadrangle. Such map shall show points of access to the site.
(g) A plot plan which delineates the legal boundaries for which clear
title is held by the applicant and/or any parcels which are leased. Copies
of lease agreements shall be submitted and substantiation shall be shown
that the disposal site owner is cognizant of the disposal operations and
the responsibilities assigned to the site owner by the standards.
(h) Identification on the plot plan of the specific limits of the existing
and planned disposal area(s) showing relationships to the property
boundary lines and adjacent land uses surrounding the site, distances to
the nearest structures shall be identified.
(i) A description of the sequence of development stages of the disposal
site facility, giving tentative implementation schedules for development,
usage, site completion and closure. Describe the extent of change which
will occur in areas which will be excavated for the placement of contami-
nated soil.
(j) A map showing the existing topographical contours of the property
and proposed final elevations of the completed disposal site.
(k) If known, a description of the uses of the site after termination of
disposal operations, including the time frame for implementation of such
use.
(/) Resume of management organization which will operate the dis-
posal site.
(m) Compilation of the conditions, criteria, and requirements estab-
lished by the various approval agencies having jurisdiction over the dis-
posal site.
(n) A listing of permits already obtained and the date obtained or last
revised.
NOTE: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources
Code. Reference: Sections 43020 and 4302 1 of the Public Resources Code.
History
1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 18225. Nonhazardous, Nonputrescible, Industrial Solid
Waste Codisposal Plan.
With an application for a permit, the operator of a facility shall file a
Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan
with the EA, as required in section 17369(b) of Article 5.7. In order to
maintain the permit, the operator must file amendments as necessary to
maintain the accuracy of the facility Plan required in section 17369(b).
Such amendments, or lack thereof, may become the basis for revocation
of the permit. A Plan shall contain the following information, and may
be derived from the Operation Plan approved by DTSC:
(a) name(s) of the operator and owner;
(b) scaled schematic drawing of the operations area, including but not
limited to the active codisposal unit(s), and any DTSC/RWQCB ap-
proved closed waste management units, which contain nonhazardous,
nonputrescible, industrial solid waste codisposed with hazardous waste;
(c) days and hours of operation for the disposal of nonhazardous, non-
putrescible, industrial solid waste. For facilities with continuous opera-
tions, indicate the start of the operating day for the purpose of calculating
the amount of nonhazardous, nonputrescible, industrial solid waste re-
ceived per operating day.
(d) total acreage contained within the operating codisposal unit(s);
(e) unit design capacity;
(f) The operator of a facility shall demonstrate to the EA, pursuant to
Title 27 California Code of Regulations section 20918, that there is no
potential for adverse impacts on public health and safety or the environ-
ment based on a projection of methane gas generation. This information
shall be certified in writing by a registered civil engineer or registered
geologist.
(g) The operator shall demonstrate evidence of acceptable closure and
postclosure maintenance plans by providing written verification of com-
pliance with DTSC, Title 22, Chapter 14 or Chapter 15, closure and post-
closure maintenance plan requirements, if applicable, as they may be
amended from time to time.
(h) Notwithstanding anything to the contrary in Title 27, California
Code of Regulations, Division 2, Chapter 6 (commencing with Section
22200), the operator shall demonstrate evidence of acceptable closure
and postclosure maintenance cost, and operating liability financial assur-
ance mechanisms by providing written verification of compliance with
DTSC, Title 22, Division 4.5, Chapter 14, Article 8 (commencing with
Section 66264.140) financial assurance requirements, or Chapter 15, Ar-
ticle 8 (commencing with Section 66265.140), if applicable, as they may
be amended from time to time.
NOTE: Authority oiled: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New section filed 7-31-2000 as an emergency; operative 10-1-2000 (Register
2000, No. 31). A Certificate of Compliance must be transmitted to OAL by
1-29-2001 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1-29-2001 as an emergency; operative 1-29-2001 (Regis-
ter 2001, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-29-2001 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 5-17-2001 as an emergency; operative 5-30-2001 (Regis-
ter 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by
9-27-2001 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 9-24-2001 as an emergency; operative 9-28-2001 (Regis-
ter 2001, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-28-2002 or emergency language will be repealed by operation of law on the
following day.
5. New section refiled 12-1 1-2001 as an emergency; operative 1-23-2002 (Reg-
ister 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
by 5-23-2002 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 12-11-2001 order, including amendment of
first paragraph and new subsecfions (g) and (h), transmitted to OAL 4-10-2002
and filed 5-21-2002 (Register 2002, No. 21).
§ 18226. Report of Nonhazardous Ash Disposal Site
Information.
(a) Each operator of a nonhazardous ash disposal/monofill facility that
is required to obtain a Standardized Solid Waste Facility Permit, as set
forth in section 17377.3, shall, at the time of application, file a Report of
Nonhazardous Ash Disposal Site Information with the enforcement
agency. A Report of Nonhazardous Ash Disposal Site Information shall
contain all of the information required in Title 27, California Code of
Regulations, section 21600 with the exception of subsections: (b)(3)(A),
(b)(4)(E), and (b)(8)(B).
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 43020 and 43021, Public Resources Code.
History
1. New section filed 9-26-97; operative 9-26-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 39).
§ 18227. Report of Composting Site Information.
Each operator of a compostable material handling facility that is re-
quired to obtain a Compostable Materials Handling Facility Permit, as
specified in Title 27, California Code of Regulations, Division 2, Subdi-
vision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and
3.1 (commencing with section 21450), shall, at the time of application,
file a Report of Composting Site Information with the EA as required by
section 17863 of this Title. A Report of Composting Site Information
shall contain the following:
(a) A description of the processes to be used, including estimated
quantities of feedstocks, additives, and amendments.
(b) A descriptive statement of the operations conducted at the facility.
(c) A schematic drawing of the facility showing layout and general di-
mensions of all processes utilized in the production of compost includ-
ing, but not limited to, unloading, storage, processing, parking, and load-
ing areas.
(d) A description of the proposed methods used to control leachate, lit-
ter, odors, dust, rodents, and insects.
Page 806.2(e)
Register 2008, No. 11; 3-14-2008
§ 18230
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(e) A description of the proposed emergency provisions for equipment
breakdown or power failure.
(f) A description of the storage capacity and anticipated maximum and
average length of time compostable materials will be stored at the facil-
ity.
(g) A description of compostable materials handling equipment used
at the facility including type, capacity, and number of units.
(h) Anticipated annual operation capacity for the facility in cubic-
yards.
(i) A description of provisions to handle unusual peak loadings.
(j) A description of the proposed method for storage and final disposal
of nonrecoverable or nonmarketable residues.
(k) A description of the water supplies for process water required.
(/) Identification of person(s) responsible for oversight of facility op-
erations.
(m) A description of the proposed site restoration activities, in accor-
dance with section 17870.
(n) An Odor Impact Minimization Plan pursuant to section 17863.4.
NOTE: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Re-
sources Code. Reference: Sections 43020, 43021 and 43209.1, Public Resources
Code.
History
1. New section filed 4-4-2003; operative 4-4-2003 pursuant to Government
Code section 1 1 343.4 (Register 2003, No. 14).
2. Change without regulatory effect amending first paragraph and subsections (m)
and (n) filed 8-23-2005 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 2005, No. 34).
Article 3.3. Financial Responsibility for
Operating Liability Claims
§18230. Scope and Applicability.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1 . New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer of article 3.3 (sections 18230-18245) and section filed 6-1 8-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to financial re-
sponsibility for solid waste disposal facility operating liability claims have been
relocated to title 27, division 2.
§18231. Definitions.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 18232. Amount of Required Coverage.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
HtSTORY
1 . New section filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. New subsection (a)(2) and subsection renumbering and amendment of subsec-
tion (a)(3) filed 5-1 9-92 as an emergency; operative 5-19-92 (Register 92, No.
2 1 ). A Certificate of Compliance must be transmitted to OAL 9-1 6-92 or emer-
gency language will be repealed by operation of law on the following day.
3. New subsection (a)(2) and subsection renumbering and amendment of subsec-
tion (a)(3) refiled 9-16-92 as an emergency; operative 9-16-92 (Register 92,
No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-21-92
and filed 1-28-93 (Register 93, No. 5).
5. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 18233. Acceptable Mechanisms and Combinations of
Mechanisms.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New section filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18234. Trust Fund.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Secfion 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18235. Government Securities.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1 . New secfion filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No, 25).
§18236. Insurance.
NOTE: Authority cited: Secfions 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New section filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (c) filed 6-1-92 pur-
suant to section 100, fitle 1, Califomia Code of Reaulations (Register 92, No.
23).
3. Change without regulatory effect amending subsections (e)(l )-(2) filed 4-2-96
pursuant to secfion 1 00, fitle 1 , Cali fornia Code of Regulations (Register 96, No.
14).
4. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18237. Self-Insurance and Risk Management.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, fitle 1, Califomia Code of Regulations (Register 96, No.
14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18238. Financial Means Test.
History
1. New section filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsections (e)(l)(A)-(B) filed
4—2-96 pursuant to secfion 100, fitle 1, Califomia Code of Regulations (Regis-
ter 96, No. 14).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§18239. Corporate Guarantee.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1 . New secfion filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect amending subsection (c) filed 4-2-96 pur-
suant to section 100, title 1, Califomia Code of Regulations (Register 96, No.
14).
3. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18240. Insurance and Environmental Fund.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operative 7-1-92 (Register 92, No. 17).
2. Amendment of subsection (d)(3) filed 5-19-92 as an emergency; operative
5-19-92 (Register 92, No. 21 ). A Certificate of Compliance must be transmitted
to OAL 9-16-92 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of subsection (d)(3) refiled 9-16-92 as an emergency; operative
9-16-92 (Register 92, No. 38). A Certificate of Compliance must be transmitted
to OAL 1-14-93 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-21-92
and filed 1-28-93 (Register 93, No. 5).
5. Change without regulatory effect amending subsections (b) and (d)(2) filed
4-2-96 pursuant to section 100, title 1, Califomia Code of Regulations (Regis-
ter 96, No. 14).
6. Editorial correction deleting duplicate section 18240 (Register 96, No. 16).
Page 806.2(f)
Register 2008, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18257
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18241. Substitution of Mechanisms by Operator.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New section filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-1 8-97; operative 7-1 8-97 (Register 97, No. 25).
§ 18242. Cancellation or Nonrenewal by a Provider of
Financial Assurance.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New section filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 8243. Bankruptcy or Other Incapacity of Operator or
Provider of Financial Assurance.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18244. Recordkeeping and Reporting.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Secfion 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18245. Release of an Operator from the Requirements.
NOTE: Authority cited: Sections 40502 and 43040, Public Resources Code. Refer-
ence: Section 43040, Public Resources Code.
History
1. New secfion filed 4-2-92; operafive 7-1-92 (Register 92, No. 17).
2. Change without regulatory effect moving forms to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
3. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3.4. Application and Approval of
Closure and Postclosure Maintenance Plans
§ 18250. Scope and Applicability.
NOTE; Authority cited: Sections 40502 and 43509, Public Resources Code. Refer-
ence: Sections 43020, 43021, 43501, 43509, 44001, 44002, 46022 and 46026,
Public Resources Code; and Title 40, Code of Federal Regulafions, Sections
258.60 and 258.61.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency, language will be repealed by operafion of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operafion of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operafion of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (b) transmitted to OAL 5-17-90 and filed 6-1 8-90 (Register 90, No. 34).
5. Amendment of subsecfion (b) and Note filed 7-12-93 as an emergency; opera-
tive 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-9-93 or emergency language will be repealed by opera-
fion of law on the following day.
6. Amendment of subsection (b) and Note refiled 1 1-9-93 as an emergency; op-
erative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be
transmitted to OAL by 4-26-93 or emergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
8. Repealer of article 3.4 (secfions 18250-18277) and section filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to application
and approval of closure and postclosure maintenance plans have been relocated
to title 27, division 2.
§18251. Definitions.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22, Government
Code; and Sections 43020, 43021 and 46027, Public Resources Code.
History
1. New section filed 8-18-89 as an emergency,; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL, within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 is an emergency; operafive 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL, within
120 days or emergency languase will be repealed by operation of law on
4-17-90.
3. New secfion refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency languaee will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (a)(4)
and amendment of subsection (a)(8) transmitted to OAL 5-17-90 and filed
6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18255. Submittal of Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Section 40502, Public Resources Code; and Secfion
66796. 22(d), Government Code; Reference: Secfions 66796.22(b)(2) and
66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026,
Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 1 2-18-89.
2. New secfion refiled 12-8-89 as an emergency; operafive 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 8256. Operation of a Solid Waste Landfill Without
Approved Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Secfions 43020, 43021, 46022, and 46026,
Public Resources Code.
History
1. New section filed 8-1 8-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operafive 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of CompHance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Change without regulatory effect repealing section filed 10-28-92 pursuant to
section 100, fitle 1, California Code of Regulations (Register 92, No. 44).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18257. Maintenance of Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Secfion 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Secfions 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026,
Public Resources Code.
Page 806.2(g)
Register 2008, No. 11; 3-14-2008
§ 18260
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89.
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremersency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transinitted to OAL 5- 1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18260. Closure and Postclosure General Performance
Standard.
NOTE; Authority cited: Secfion 40502, Public Resources Code; and Section
66796.22(d). Government Code. Reference: Sections 66796.22(a)
66796.22(b)(2) and 66796.22(d), Government Code, and Sections 43020, 43021 ,
46026 and 46026, Public Resources Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operauon of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 1 8261 . Preliminary Closure Plan.
Note: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026,
Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL. within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 1 8261 .3. Contents of the Preliminary Closure Plan.
NOTE: Authority cited: Section 40502, Public Resources Code; and Secfion
66796.22(d), Government Code. Reference: Section 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026,
Public Resources Code.
History
1. New secfion filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repeated by operauon of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operaUon of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsection (a)(9)
transmitted to OAL and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18262. Final Closure Plan.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d). Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate ofCompliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 4-17-90.
3. New secfion refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90.
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate ofCompliance as to 3-22-90 order transmitted to OAL 5- 1 7-90 and
filed 6-1 8-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18262.3. Contents of the Final Closure Plan.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1 . New secfion filed 8-18-89 as an emergency; operative 8-1 8-89 (Register 89,
No. 35). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Ceitificate ofCompliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate ofCompliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate ofCompliance as to 3-22-90 order including new subsecfions (a)(7)
and (a)(8) transmitted to OAL 5-1 7-90 and filed 6- 1 8-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§18263. Closure Cost Estimates.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operafive 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operafive 12-18-89 (Register
89, No. 51). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operafive 3-22-90 (Register 90,
No. 17). A Certificate ofCompliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18264. Preliminary Postclosure Maintenance Plan.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1. New secfion filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate ofCompliance must be transmitted to OAL within 120
days oremergency language will be repealed by operafion of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate ofCompliance must be transmitted to OAL within 120
[The next page is 806.3.]
Page 806.2(h)
Register 2(K)8, No. 11; 3-14-2008
Title 14
California Integrated Waste Management Board
§ 18270
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-1 8-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18264.3. Contents of the Preliminary Postclosure
Maintenance Plan.
NOTE: Authority cited: Section 40502. Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operaUve 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL, within
120 days or emergency language will be repealed by operafion of law on
4-17-90.
3. Certificate of Compliance as to 3-22-90 order including new subsections (a)(5)
transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
4. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18265. Final Postclosure Maintenance Plan.
NOTE: Authority cited: Secfion 40502, Public Resources Code; and Secfion
66796.22(d), Government Code. Reference: Section 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 4302L 46022 and 46026,
Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operafi ve 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18265.3. Contents of the Final Postclosure Maintenance
Plan.
NOTE: Authority cited: Secfion 40502, Public Resources Code; and Secfion
66796.22(d), Government Code. Reference: Section 66796.22(b) and
66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026,
Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operafive 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language wi 11 be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including new subsecfion (a)(10)
transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 18266. Postclosure Maintenance Cost Estimates.
NOTE: Authority cited: Secfion 40502, 40508, and 43509, Public Resources Code.
Reference: Sections 40508, 43020, 43021 , 43501 , 43509, 46022 and 46026, Pub-
lic Resources Code; and Title 40, Code of Federal Regulations, Section 258.72.
History
1 . New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Comphance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New secfion refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Amendment of subsection (a)(3) and NOTE filed 7-12-93 as an emergency; op-
erative 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be
transmitted to OAL by 1 1-9-93 oremergency language will be repealed by op-
eration of law on the following day.
6. Amendment of subsecfion (a)(3) and Note refiled 1 1-9-93 as an emergency;
operafive 1 1-9-93 (Register 93, No. 46). A Certificate of Compliance must be
transmitted to OAL by 4-26-93 oremergency language will be repealed by op-
erafion of law on the following day.
7. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18267. Form of Application for Review of Closure and
Postclosure Maintenance Plans.
NOTE; Authority cited: Secfion 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Secfions 66796.22(b), 66796.22(d)
and 66796.22(0, Government Code; and Sections 46022 and 46026, Public Re-
sources Code.
History
1. New secfion filed 8-18-89 as an emergency; operafive 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-1 8-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18268. Filing of Application and Transmittal of Copies.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 65943, 66796.22(b)(2),
66796.22(c) and 66796.22(d), Government Code; and Sections 46022 and 46026,
Public Resources Code.
History
1. New secfion filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New secfion refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (b)-(d) transmitted to OAL 5-1 7-90 and filed 6-1 8-90 (Register 90, No.
34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18269. Public Notice.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Secfions 21080.5, 46022 and 46026, Public
Resources Code.
History
1. New section filed 6-18-90; operative 6-18-90 (Register 90, No. 34).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18270. Evaluation of Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(b), and 66796.22(d), Government Code. Reference: Section
66796.22(d), Government Code; and Sections 21080.5, 43200, 43202, 43203,
43209, 44012, 44014(b), 46022 and 46026, Public Resources Code.
Page 806.3
Register 97, No. 25; 6-20-97
§ 18271
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 8-1 8-89 as an emergency; operative, 8-1 8-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL, within 120
days or emergency language will be repealed by operation of law on 1 2-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL, within
120 days or emergency language will be repealed by operation of law on
4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency languaee will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (a) and (b) transmitted to OAL 5-17-90 and filed 6-1 8-90 (Register 90,
No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18271. Approval of Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Sections 66796.22(b) and
66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public
Resources Code.
HtSTORY
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (a), (b) and (b)(2); addition of subsections (b)(4) and (b)(5) and deletion of
subsection (a)(4) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90,
No. 34).
5. Editorial correction of subsection (b)(2) (Register 95, No. 48).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18272. Amendment of Closure and Postclosure
Maintenance Plans.
NOTE: Authority cited: Secfion 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(d), Government
Code; and Sections 46022 and 46026, Public Resources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL, within
120 days or emergency language will be repealed by operation of law on
4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) oremergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§18275. Certification of Closure.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(d), Government
Code; and Sections 43020, 43021, 44006, 46022 and 46026, Public Resources
Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18276. Revision of Plans During Closure and
Postclosure Maintenance.
NOTE: Authority cited: Section 40502, Public Resources Code; and Secfion
66796.22(d), Government Code. Reference: Sections 66796.22(b)(2) and
66796.22(h), Government Code; and Sections 46022 and 46026, Public Re-
sources Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transinitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-1 8-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-1 7-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18277. Release From Postclosure Maintenance.
NOTE: Authority cited: Secfions 40502 and 43020, Public Resources Code; and
Section 66796.22(d), Government Code. Reference: Secfion 66796.22(d), Gov-
ernment Code: and Sections 43020, 43021, 46022 and 46026, Public Resources
Code.
History
1. New section filed 8-18-89 as an emergency; operative 8-18-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL, within 120
days oremergency language will be repealed by operation of law on 12-18-89.
2. New section refiled 12-8-89 as an emergency; operative 12-18-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-17-90.
3. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operafion of law
on 7-21.-90.
4. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
5. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Article 3.5. Financial Responsibility for
Closure and Postclosure Maintenance
§ 1 8280. Scope and Applicability.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operafion of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Amendment of subsecfion (b) and Note filed 7-12-93 as an emergency; opera-
tive 7-12-93 (Register 93, No. 29). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-9-93 or emergency language will be repealed by opera-
fion of law on the following day.
7. Amendment of subsecfion (b) and Note refiled 1 1-9-93 as an emergency; op-
erative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be
transmitted to OAL by 4-26-93 oremergency language will be repealed by op-
eration of law on the following day.
8. Certificate of Compliance as to 1 1-9-93 order transmitted to OAL 3-8-94 and
filed 4-19-94 (Register 94, No. 16).
Page 806.4
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 18286
9. Repealer of" article 3.5 (sections 18280-18298) and section filed 6-1 8-97; op-
erative 7-18-97 (Register 97, No. 25). Regulations pertaining to financial re-
sponsibility for closure and postclosure maintenance have been relocated to title
27, division 2.
§18281. Definitions.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference; Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
daysoremergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (s) and (w) and addition of subsection (o) transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. New subsection (g), subsection relettering, and amendment of Note filed
2-2-93; operative 2-2-93 pursuant to Government Code section 1 1346.2(d)
(Register 93, No. 6).
7. Change without regulatory effect amending section filed 2-2-93 pursuant to
section 100. title 1, California Code of Regulations (Register 93, No. 6).
8. New subsections (a)-(a)(2), (c), (k) and (v), repeal of subsections (s)-(s)(2) and
subsection relettering filed 12-31-93 as an emergency; operative 12-31-93
(Register 93, No. 53). A Certificate of Compliance must be transmitted to OAL
by 3-31-94 or emergency language will be repealed by operation of law on the
following day.
9. New subsections (a)-(a)(2), (c), (k), and (v), repealer of subsections (s)-(s)(2)
and subsection redesignation refiled 4-29-94 as an emergency; operative
4-29-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted
to OAL by 8-29-94 or emergency language will be repealed by operation of law
on the following day.
10. Certificate of Compliance as to 4-29-94 order transmitted to OAL with
amendments 8-29-94 and filed 10-12-94 (Register 94, No. 41).
1 1 . Repealer filed 6-1 8-97; operative 7-1 8-97 (Register 97, No. 25).
§ 18282. Amount of Required Coverage.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 43501, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 1 2-15-89.
2. Editorial correction of History 1 (Register 89, No. 51).
3. New secfion refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operafion of law on 4-16-90.
4. New secfion refiled 3-22-90 as an emergency; operafive 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operafion of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Amendment filed 12-31-93 as an emergency; operafive 12-31-93 (Register
93, No. 53). A Certificate of Compliance must be transmitted to OAL by
3-3 1-94 or emergency language will be repealed by operafion of law on the fol-
lowing day.
7. Amendment refiled 4-29-94 as an emergency; operative 4—29-94 (Register 94,
No. 17). A Certificate of Compliance must be transinitted to OAL by 8-29-94
or emergency language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL with amend-
ments 8-29-94 and filed 10-12-94 (Register 94, No. 41).
9. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18283. Acceptable Mechanisms and Combinations of
Mechanisms.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 . (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (c) and (d) and addition of subsection (e) transmitted to OAL 5-1 7-90 and
filed 6-1 8-90 (Register 90, No. 34).
6. New subsecfion (g), subsection relettering, and amendment of Note filed
2-2-93; operative 2-2-93 pursuant to Government Code section 1 1346.2(d)
(Register 93, No. 6).
7. Change without regulatory effect amending secfion filed 2-2-93 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 93, No. 6).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18284. Trust Fund.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(0, Government
Code.
History
1 . New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operafion of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Comphance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
fion (b) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to secfion 100, title 1 , California Code of Regulafions (Register 96, No.
14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18285. Enterprise Fund.
NOTE: Authority cited: Secfion 40502, PubHc Resources Code; and Secfion
66796.22(d), Government Code. Reference: Section 66796.22(0, Government
Code.
History
1. New section filed 8-17-89 as an emergency; operafive 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operafion of law on 1 2-1 5-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operafive 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transnutted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18286. Government Securities.
NotE: Authority cited: Secfion 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(0, Government
Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate, of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operafion of law on 1 2-15-89.
2. Editorial correcfion of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New secfion refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL within
Page 806.5
Register 97, No. 25; 6-20-97
§ 18287
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
120 days or emergency lansuase will be repealed by operation of law on
4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance inust be transinitted to OAL within 120
days (by 7-20-90) or emergency lansuage will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90and
filed 6-18-90 (Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18287. Letter of Credit.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43601, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 1 2-1 5-89.
2. Editorial correction of History 1 . (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending of subsection (d)(1) and Note filed
2-2-93 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 93, No. 6).
7. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
8. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18288. Surety Bond.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(f), Government
Code.
History
1. New section filed 8-17-89 is an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operafive 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of CompHance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (a) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsections (b)(l)-(2) filed 4-2-96
pursuant to section 100, title 1 , California Code of Regulations (Register 96, No.
14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18289. Financial Means Test.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(f), Government
Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 51). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90. No. 34).
6. Change without regulatory effect amending subsection (e)(1) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Resulations (Register 96, No.
14).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97. No. 25).
§ 18290. Pledge of Revenue.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(f), Govenmient
Code.
History
1. New section filed 8-17-89 is an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operative, 12-15-89 (Register
89, No. 51). A Certificate of Compliance inust be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tions (a), (b)(5), (c) and (d) transmitted to OAL 5-17-90 and tiled 6-18-90
(Register 90, No. 34).
6. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§18291. Guarantee.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
66796.22(d), Government Code. Reference: Section 66796.22(f). Government
Code.
History
1 . New section filed 8-17-89 as an emergency; operafive 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of HISTORY NOTE No. 1 (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operafive 12-15-89 (Register
89, No. 51.). A Certificate of Compliance must be transmitted to OAL within
120 days or emergency language will be repealed by operation of law on
4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within
120days (by 7-20-90) or emergency language will be repealed by operation of
law on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect amending subsecdon (c) filed 4-2-96 pur-
suant to section 100, fitle 1, California Code of Regulations (Register 96, No.
14).
7. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18292. Federal Certification.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
dons 43500-43610, Public Resources Code.
History
1. Former section 18292 renumbered to section 18293 and new section filed
2-2-93; operative 2-2-93 pursuant to Government Code section 11346.2(d)
(Register 93, No. 6).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18293. Substitution of Mechanisms by Operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correcdon of History 1. (Register 89, No. 51).
3. New section refiied 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiied 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
Page 806.6
Register 97, No. 25; 6-20-97
Title 14
California Integrated Waste Management Board
§ 18302
5. Ceitificale of Compliance as to 3-22-90 order transmitted to OAL 5- 1 7-90 and
filed 6-18-90 (Register 90. No. 34).
6. Change without regulatory effect renumbering Former section 18292 to section
1 8293, renumbering section 1 9293 to 1 8294, and amendment of subsection (a)
and NOTi£ filed 2-2-93 pursuant to section 1 00, title 1 , California Code of Regu-
lations (Register 93, No. 6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18294. Cancellation or Nonrenewal by a Provider of
Financial Assurance.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operafion of law on 12-15-89.
2. Editorial correction of History 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect renumbering former section 1 8293 to section
18294, renumbering secfion 18294 to 18295 and amendment of Note filed
2-2-93 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 93, No. 6).
7. Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
§ 1 8295. Bankruptcy or Other Incapacity of Operator or
Provider of Financial Assurance.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial cortection of History 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect renumbering former section 18294 to section
1 8295, renumbering section 1 8295 to 18296, and amendment of subsections (a)
and (c) and Note filed 2-2-93 pursuant to section 100, title 1, California Code
of Regulations (Register 93, No. 6).
7. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18296. Depository Trust Fund.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New secfion filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial cortecfion of History 1. (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89, No. 5 1). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-17-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect renumbering former section 18295 to section
18296, renumbering section 18296 to 18297, and amendment of subsecfion (c)
and Note filed 2-2-93 pursuant to section 1 00, fitle 1, California Code of Regu-
lafions (Register 93, No. 6).
7. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 18297. Record Keeping and Reporting.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New secfion filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-15-89.
2. Editorial correction of History 1 . (Register 89, No. 51 ).
3. New secfion refiled 12-8-89 as an emergency; operative 12-15-89 (Register
89. No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operation of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order including amendment of subsec-
tion (b)(6) transmitted to OAL 5-17-90 and filed 6-18-90 (Register 90, No.
34).
6. Change without regulatory effect renumbering and amending former section
18296 to section 18297 and renumbering section 18297 to 18298 filed 2-2-93
pursuant to section 1 00, fitle 1 , California Code of Regulafions (Register 93, No.
6).
7. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 18298. Release of an Operator from the Requirements.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43500-43610, Public Resources Code.
History
1. New section filed 8-17-89 as an emergency; operative 8-17-89 (Register 89,
No. 35). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 12-1 5-89.
2. Editorial correction of History 1 . (Register 89, No. 51).
3. New section refiled 12-8-89 as an emergency; operafive 12-15-89 (Register
89, No. 5 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed by operafion of law on 4-16-90.
4. New section refiled 3-22-90 as an emergency; operative 3-22-90 (Register 90,
No. 17). A Certificate of Compliance must be transmitted to OAL within 120
days (by 7-20-90) or emergency language will be repealed by operation of law
on 7-21-90.
5. Certificate of Compliance as to 3-22-90 order transmitted to OAL 5-1 7-90 and
filed 6-18-90 (Register 90, No. 34).
6. Change without regulatory effect renumbering and amending former section
18297 to section 18298 filed 2-2-93 pursuant to section 100, title 1, California
Code of Regulations (Register 93, No. 6).
7. Change without regulatory effect moving forms to secfion 18831, appendix A
filed 4-2-96 pursuant to section 100, tifie 1, California Code of Regulations
(Register 96, No. 14).
8. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Article 4. Enforcement by EA and Review
by Board
§18301. Scope.
This article applies to the activities of EAs in enforcing the state mini-
mum standards, permits, and related state solid waste laws and regula-
tions within their purview. It also applies to the activities of the board in
reviewing such activities of LEAs and in acting in the place of LEAs that
have failed to take appropriate actions or, when the board is the EA in a
particular jurisdicfion.
NOTE: Authority cited: Secfions 40502 and 43020, Public Resources Code. Refer-
ence: Sections 43209, 43216.5 and 45012, Public Resources Code.
History
1. Amendment of article heading and secfion and new Note filed 4-12-2001 ; op-
erative 5-12-2001 (Register 2001, No. 15).
§ 1 8302. Written Complaints of Alleged Violations.
(a) Any person having information alleging a facility or operation is
being operated without a required permit or notification, in violation of
one or more terms or conditions of a permit, in violation of the state mini-
mum standards, or in violation of any related state solid waste laws or
regulations, or that a permit was obtained wholly or partially by misrep-
resentation or nondisclosure of relevant facts, may file a complaint re-
garding such allegation in writing to the EA. The compliant shall include
the following:
(1) The name, address and telephone number of the person making the
complaint, however nothing in this chapter shall be construed to prevent
Page 806.7
Register 2007, No. 42; 10-19-2007
§ 18303
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
the making of anonymous complaints by omitting tlie identity of the re-
porting party from the complaint;
(2) The identity and location, if known, of the facility or operation and
the names and addresses, if known, of the persons responsible for the vio-
lation;
(3) The nature of the violation and/or the relevant misrepresented or
non-disclosed facts; and
(4) All known facts relevant to the alleged violation or likely to be of
assistance to the EA in investigating the complaint, including but not lim-
ited to information relating to witnesses and physical evidence.
(b) The person making the complaint may forward a copy to the board.
(c) Upon receipt of a complaint, the EA shall within fifteen days ex-
amine the report and determine whether its allegations, if taie, would
constitute a violation of a state minimum standard, permit term or condi-
tion or any related state solid waste law or regulation. The EA shall make
its determination on the basis of the substance of the allegations rather
than on the basis of the complaint's technical compliance with the Act or
this chapter. Should the EA determine that the complaint fails to allege
facts constituting a violation of a state minimum standard, permit term
or condition or related state solid waste law or regulation, it shall so ad-
vise the reporting party in writing at the address given in the complaint
if an address is given and place a copy in its files.
(d) The EA may decline to investigate a complaint if, in its judgment,
investigation is unwarranted because the allegations are contrary to facts
known to the EA. Should the EA decline to investigate on that ground,
it shall so advise the complaining party in writing at the address given in
the complaint if an address is given and place a copy in its files.
(e) Except as provided in subsection (c) or subsection (d) of this sec-
tion, the EA shall commence an investigation of the facts alleged in the
complaint.
(f) If an LEA has a complaint review and investigation initiation pro-
cedure that contains substantially the same basic requirements as this
section, and accomplishes the intended purposes of this section within its
board-approved EPP, it may follow that equivalent process in lieu of
subsections (c), (d) and (e) of this section. Section 18302 is intended to
insure that every person making a written complaint of an alleged unlaw-
ful condition at a solid waste facility or operation can assume that his or
her complaint will receive appropriate attention.
(g) If the board receives a complaint in a jurisdiction where it is not the
EA, the complaint shall be forwarded to the appropriate LEA within 5
days of its receipt, unless the LEA has already received a copy from the
complaining party.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 43209, 44012, 44015 and 45000-45024, Public Resources Code.
History
1 . Amendment filed 8-3-77 as an emergency; effective upon filing (Register 77,
No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulafions (Register 91, No. 27).
4. Amendment of section heading, section and Note filed 4-12-2001; operative
5-12-2001 (Register 2001, No. 15).
§18303. Investigations.
(a) The EA shall conduct investigations of allegations made to it as re-
quired by subsection (e) of Section 18302 or, if applicable, as required
by its own equivalent complaint review and investigation initiation pro-
cedure as described in its board-approved EPP, and shall conduct inves-
tigations of all other disposal sites, facilities and operations where it has
reason to believe violations exist. In addition, the EA shall conduct such
periodic investigations as it deems necessary to insure compliance with
all related state solid waste laws and regulations. In any investigation of
possible violation of a health-related standard, the LEA, if it is not the
local health department, shall consult as appropriate with the local health
department concerning enforcement and any other related actions. If an
investigation of possible violation of a health-related standard is con-
ducted by the board, it shall obtain and consider the recommendation of
the State Department of Health Services in addition to that of the local
health department/health officer.
(b) Investigations by LEAs shall be conducted in accordance with the
procedures in their board-approved EPPs. The procedures shall include
the requirements found in subsection (c).
(c) The EA shall maintain a record of each investigation. The record
shall include but not be limited to the following:
(1) The names of all persons interviewed and the date ad location of
each interview;
(2) A description of all documentary and other physical evidence ex-
amined;
(3) The dates, times, and locations of all inspections of the facility;
(4) A list of correspondence, including any written reports by the per-
mittee;
(5) Any other evidence leading to resolve the issues.
(6) A summary of the findings and conclusions of each completed in-
vestigation.
(d) The summary of the findings and conclusions of each completed
investigation shall be included in the next periodic inspection report, as
applicable.
NOTE; Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44100 and 44101, Public Resources Code.
History
1. Amendment of subsection (b) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 1 1-1-77 (Register 77, No. 45).
3. Amendment of section and new Note filed 4-12-2001; operative 5-12-2001
(Register2001,No. 15).
§ 1 8304. Notices and Orders.
(a) The EA as it deems appropriate or when required by statute, shall
issue a notice and order pursuant to subsection (b) and section 18304.1
if, in the course of an investigation or at any other time, the EA deter-
mines that any facility, disposal site, operation or person(s):
(1) Is in violation of Division 30 of the Public Resources Code;
(2) Is in violation of any regulations adopted pursuant to Division 30;
(3) Is in violation of any of the terms or conditions of the solid waste
facility permit under which the facility or disposal site is operating;
(4) Causes or threatens to cause a condition of hazard, or pollution; or
(5) Poses a potential or actual threat to public health and safety or the
environment.
(b) The notice and order shall contain the following information:
(1) The identity of the EA.
(2) The name or names of each person or entity to whom it is directed.
(3) A description of the facility, operation or site where the violation
was documented with a specific description of the location of the viola-
tion
(4) A description of the violation.
(5) The statutes, regulations, or permit terms or conditions the EA has
determined are being violated.
(6) A schedule, as described in section 1 8304. 1 (a), by which the opera-
tor is to take specified action(s).
(7) The penalty for not complying within the specified schedule, as de-
scribed in secdon 18304.1(b).
(8) A notice informing the owner/operator of their right to appeal the
notice and order to the hearing panel or hearing officer under PRC 44307.
(9) The date of issuance and signature of an authorized officer or em-
ployee of the EA.
(c) The notice and order shall be accompanied by a declaration or affi-
davit under penalty of perjury of an employee or officer of the EA stating
that the allegations contained in the notice and order are based either on
personal knowledge or information and belief. If the basis of the allega-
tions is the personal knowledge of the declarant or affiant, the declaration
or affidavit shall state generally how such knowledge was obtained, in-
cluding the date of any inspection. If the basis of the allegations is infor-
mation and belief, the declaration or affidavit shall state generally the
Page 806.8
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18304.2
source of the information; however, in no case shall the identity of an in-
formant be required to be revealed.
(d) Within five business days of issuance of the notice and order, it
shall be served on the owner and operator of the site, facility or operation,
or person as applicable, in the following manner:
(1) If the site or facility has been issued a permit, or if an application
for the site or facility is pending, or if the EA has received a Notification
for the operation, by certified mail, return receipt requested, to the ad-
dress last given by the owner and operator or by personal service if certi-
fied mail attempts are unsuccessful; or
(2) If no permit has been issued and no application is pending, or no
Notification has been filed, by posting a copy at no less than one conspic-
uous place at the site or facility. Additional copies shall be mailed to ad-
dresses of the owner and operator if known to the EA.
(e) A copy of any notice and order shall be sent to the board within five
business days of issuance.
Enforcement: For efficient administration, a single notice and order
form will be used to initiate any of the various enforcement actions pro-
vided by the Act. However, it should be noted that certain enforcement
actions are available only for certain types of violations.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 45000-45024, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Amendment of section and Note filed 4-12-2001 ; operative 5-1 2-2001 (Reg-
ister 2001, No. 15).
3. Change without regulatory effect amending subsection (b)(8) filed 10-17-2007
pursuant to section 1 00, title 1, California Code of Regulations (Register 2007,
No. 42).
§ 18304.1. Types of Notices and Orders; Enforcement
Thereof.
The EA shall include in a notice and order at least one of the orders
listed in subsection (a), and shall include the applicable notices listed in
subsection (b):
(a) Orders
(1) Corrective Action Order
An order requiring the owner or operator of a facility, disposal site or
operation to take specified action by a specified date to abate a nuisance,
or to protect public health and safety or the environment.
Example: Typical circumstances under which this order may be is-
sued: Conditions at the facility, disposal site or operation are creating a
nuisance or posing a threat to human health and safety or the environ-
ment.
(2) Cease and Desist Order
An order requiring the owner or operator of a facility, disposal site or
operation to cease and desist any improper action, as specified in PRC
section 45005, by a specified date. Example: Typical circumstances un-
der which this order may be issued: Facility, disposal site or operation is
in violation of Division 30 of the Public Resources Code, any regulations
adopted pursuant to Division 30, or causes or threatens to cause a condi-
tion of hazard, pollufion or nuisance.
(3) Compliance Order
Upon any of the grounds specified in PRC section 4501 1(a)(1), an or-
der establishing a time schedule according to which the owner or operator
of the facility, disposal site or operation shall correct any violations and/
or abate a potential or actual threat to public health and safety or the envi-
ronment. Example: Typical circumstances under which this order may be
issued: Facility, disposal site or operation is in violation of Division 30
of the Public Resources Code, any regulations adopted pursuant to Divi-
sion 30, any corrective action or cease and desist order, or poses a poten-
tial or actual threat to public health and safety or the environment. A com-
pliance order must be issued pursuant to PRC section 4501 1 as a prelude
to the assessment of administrative civil penalties.
(b) Notices
(1 ) Notice informing the owner and operator that failure to comply by
a specified date in a final corrective action order may result in the EA con-
tracting for corrective action.
Enforcement: As more fully described in PRC section 45000, if the
owner or operator fails to take corrective action as specified in a final or-
der by the specified date, the EA or the board may either take corrective
action itself or contract for corrective action to be completed by an out-
side party. Correcfive actions taken by the EA, the board, or an outside
party will be at the expense of the owner, operator or both and are recov-
erable pursuant to PRC section 45000.
(2) Notice informi ng the owner or operator that the EA may take action
to impose administrative civil penalties upon failure to comply with ap-
plicable deadlines in a final compliance order.
Enforcement: Pursuant to PRC section 4501 1 , if the owner or operator
fails to achieve compliance by apphcable deadlines in the order, the EA
may impose penalties through written notification to the owner or opera-
tor. The notification shall include the amount of the penalty and the due
date for payment, which in no case should be later than 30 days after the
date the order becomes final.
(3) Nofice informing the owner or operator that the EA is conditionally
imposing administrafive civil penalties in a specified amount per day
with a specified start date for penalty accrual, upon failure to comply with
applicable deadlines in a final compliance order.
Enforcement: If the owner or operator fails to achieve compliance by
applicable deadlines in the order issued pursuant to PRC section 4501 1,
the EA shall notify the owner or operator in wrifing of the amount of the
penalty and the due date for payment, which in no case should be later
than 30 days after the date the order becomes final.
(4) Notice informing the owner or operator that failure to comply by
the deadline in a final order may result in the EA petitioning the superior
court to enjoin the violafions, and that continued violation after the grant-
ing of an injunction may be punishable as contempt of court.
Enforcement: If the owner or operator fails to comply by the deadhne
in a final order, the nofice may be enforced by filing an appropriate peti-
fion in superior court.
(5) Nofice informing the owner or operator that upon failure to comply
with a deadline in a final order, the EA may bring an acfion in the superior
court to impose upon the owner or operator civil penalties.
Enforcement: If the owner or operator fails to comply by the deadline
in a final order, the notice may be enforced by filing an appropriate peti-
fion in superior court pursuant to PRC secfions 45023 and 45024.
(6) Notice informing the owner or operator that the EA, subject to the
applicable requirements of PRC sections 44305 and 44306, may take ac-
fion to suspend or revoke the permit for the facility upon failure to comply
with applicable deadlines in a final order.
Enforcement: If the owner or operator fails to comply by the deadline
in a final order, the notice may be enforced by revoking or suspending
the permit for the facility pursuant to PRC secfions 44305 and 44306.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 45000-45024 and 44305-44306, Public Resources Code.
History
1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18304.2. Final Orders.
An order becomes final when either:
(a) A nofice and order has been requested by the operator and/or owner
to be reviewed by the local hearing panel or hearing officer, and the hear-
ing process has been completed pursuant to PRC sections 44307 &
44310, and any subsequent appeals to the board or Superior Court have
been resolved pursuant to PRC secfions 45030-45042, or;
(b) Within 15 days of receipt if no review was requested by the opera-
tor.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44307, 44310, 45017 and 45030-45042, Public Resources Code
History
1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
Page 806.9
Register 2007, No. 42; 10-19-2007
§ 18304.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regiilatoi^ effect amending subsection (a) filed 10-17-2007
pursuant to section 100, title I , California Code of Regulations (Register 2007,
No. 42).
§18304.3. Mandated Enforcement Actions.
An EA shall take the following enforcement actions for specific viola-
tions or situations:
(a) Issue a cease and desist order to cease operations immediately if the
EA determines that a solid waste facility is operating without a permit or
that an operation is operating without proper notification;
(b) If a facility is included on the Inventory of Solid Waste Facilities
Which Violate State Minimum Standards pursuant to PRC section
44 1 04, the EA is required to develop a compliance schedule which ensur-
es that diligent progress is made by the operator to bring the facility into
compliance pursuant to PRC section 44106. The compliance schedule
may be incorporated into a notice and order.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44002, 44104 and 44106, Public Resources Code.
History
1 . New section filed 4-12-2001 ; operative 3-12-2001 (Register 2001, No. 15).
§ 18304.4. Notice of Compliance Status.
Whenever the LEA issues a notice and order pursuant to sections
18304 and 18304.1 or develops a compliance schedule, the LEA shall,
30 days after the final compliance deadline or expiration date in the order
or schedule, provide notification of the compliance status with the order
or schedule to the board. The notice of coinpliance status may be in-
cluded as part of an LEA's periodic inspection report and shall include
a determination as to whether the operator is in compliance with the no-
tice and order or schedule and whether the notice and order or schedule
has been completed, extended or enforced, as the LEA deems applicable
and appropriate, along with the justification and reasoning for the deter-
mination.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 45000-45024, Public Resources Code.
History
1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§ 18304.5. Notification of Enforcement.
Upon the taking of any action described in a notice as authorized by
section 1 8304. 1 , the LEA shall within five business days advise the board
of the action in writing and include a copy of any court documents that
have been filed.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 45000-45024, Public Resources Code.
History
1. New section filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§ 1 8305. Enforcement of Notices and Orders.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 45000-45300, 44501^14503 and 45505-45507, Public Resources
Code.
History
1 . Amendment of subsection (b) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 11 -1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
§18306. Emergency Actions.
(a) If the EA or the board determines that a violation exists that poses
an imminent threat to public health and safety or the environment, the EA
or the board may clean up, abate, or otherwise remedy the violation im-
mediately upon failure of the owner and operator to take corrective ac-
tions by the deadline in a corrective action order issued pursuant to sec-
tions 1 8304 and 1 8304. 1 . An owner' s or operator' s request to review the
EA's or board's action by a hearing panel or hearing officer pursuant to
PRC section 44307, and any subsequent appeals, does not stay the effect
of the order or prevent the EA or board from taking or contracting for cor-
rective action.
(b) If any acrion is taken pursuant to subsection (a) of this section, the
EA or the board shall give notice in the manner specified in section
18304(d) to the owner and operator as soon as practicable, but in no case
later than five business days after taking the action. A copy of the notice
shall be transmitted to the board within five business days of issuance.
(c) The EA or the board may bring an action in the superior or munici-
pal court to recover the costs of emergency remedial measures. Upon the
bringing of such an action, the EA shall advise the board of the action in
writing accompanied by a copy of the coinplaint within five business
days. When the board brings its own action in superior or inunicipal
court, it shall notify the appropriate EA of the action in writing, accompa-
nied by a copy of the complaint within five business days.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 45000-45024, Public Resources Code.
History
1 . Amendment of subsection (c) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Reg-
ister 2001, No. 15).
5. Change without regulatory effect amending subsection (a) filed 10-17-2007
pursuant to section 100, title 1, CahfomiaCode of Regulations (Register 2007,
No. 42).
§ 18307. Actions to Suspend or Revoke a Permit.
(a) If the EA determines that there is cause for suspension or revoca-
tion of a permit pursuant to PRC sections 44305 or 44306 respectively,
and the EA has previously notified the operator in writing of the violation
or other condition which is cause for suspension or revocafion, the EA
may issue to the operator, via certified mail with return receipt requested
or by personal service if certified mail attempts are unsuccessful, a No-
tice of Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the
permit. The NIS or NIR shall inform the operator of the EA's intent to
suspend or revoke the permit and of the operator's right to request the
matter to be heard in front of the hearing panel or hearing officer pursuant
to PRC section 44310. If the operator does not request a hearing within
15 days of receipt of the NIS or NIR, the EA may take action to suspend
or revoke the permit without a hearing or it may hold a hearing prior to
taking such action.
(b) The EA may, in its discretion, precede the issuance of the NIS or
NIR filing by service of an appropriate notice and order in the manner
specified in section 1 8304, or it may include the NIS or NIR within a no-
tice and order as long as the EA has previously nofified the operator in
writing of the violafion or other condifion which is cause for suspension
or revocafion.
(c) Within five business days of issuing a NIS or NIR, the EA shall
notify the board by providing it with a copy of the NIS or NIR.
(d) If, after an NIS or NIR has been issued the proceeding to suspend
or revoke a permit is terminated in any manner other than by decision of
the hearing panel or hearing officer, the LEA shall so advise the board
in wrifing.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 44305^14310, Public Resources Code.
History
1 . Amendment of subsection (d) filed 8-3-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, Cahfomia Code of Regulations (Register 91, No. 27).
4. Amendment of section heading, section and Note filed 4-12-2001 ; operative
5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsections (a) and (d) filed
10-17-2007 pursuant to section 100, title 1, California Code of Regulations
(Register 2007, No. 42).
Page 806.10
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18309
§ 18308. Enforcement Actions by Board.
NOTE: Authority cited: Sections 40502 and 43304, Public Resources Code. Refer-
ence: Sections 45200, 45300 and 45506, Public Resources Code.
History
1 . Change without regulatory effect pursuant to section 100(b)( 1 ) and (b)(4), Title
1 , California Code of Regulations renumbering former section 1 8308 to section
18350 filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
§ 18309. Use of Performance Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49).
2. Change without regulatory effect filed 8-17-89 pursuant to section 100, Title
1, California Code of Regulations (Register 89, No. 35).
3. Change without regulatory effect pursuant to section 100 (b)(] ) and (b)(4). Title
1 , California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90,
No. 24).
4. Repealer filed 4-12-2001 ; operative 5-12-2001 (Register 2001, No. 15).
[The next page is 806.11.]
Page 806.10(a)
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18355
§ 1 831 0. Statement of Intent.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49).
2. Change without regulatory effect pursuant to section 1 00 (b)(1) and (b)(4),Title
1 , California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90,
No. 24).
3. Repealer filed 4-12-2001 ; operative 5-12-2001 (Register 2001, No. 15).
§ 1 831 1 . Failure to Meet Performance Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49).
2. Change without regulatory effect pursuant to section 100(b)(] ) and (b)(4). Title
1 , California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90,
No. 24).
3. Repealer filed 4-12-2001 ; operative 5-12-2001 (Register 2001, No. 15).
§ 18312. Review of Performance Standards.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1 . New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49).
2. Change without regulatory effect pursuant to section 100 (b)(1) and (b)(4). Title
1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90,
No. 24).
3. Repealer filed 4-12-2001 ; operative 5-12-2001 (Register 2001, No. 1 5).
§18313. Inspection.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 43020 and 43021, Public Resources Code.
History
1. New section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
49).
2. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), title
1, California Code of Regulations filed 5-4-90; operative 6-3-90 (Register 90,
No. 24).
3. Editorial correction removing duplicate printing of section (Register 91, No.
29).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
Article 5. Enforcement by Board
§ 18350. Enforcement Actions by Board.
(a) Should the board find good cause exists for the issuance of a notice
and order (N&O) or for the taking of any other enforcement action and
should the board further find that the LEA has failed to take such an ac-
tion pursuant to the LEA performance criteria in section 1 8084, the board
may take such an action after implementing the following procedures:
(1) Request in writing an increased enforcement response by the LEA,
consisting of additional enforcement action pursuant to its EPP and, if ap-
plicable, to a previously issued N&O, and offer technical assistance. The
request shall include documentation of the lack of appropriate enforce-
ment action on the part of the LEA;
(2) If the LEA fails to respond within 30 days of receipt of the request
with an increased enforcement response, the board shall issue a Notice
of Intent to Take Action (NIA) to the LEA and the operator. The NIA
shall include the date and time for a board hearing which shall be sched-
uled in no case earlier than 30 days from the date the NIA is sent;
(3) If the LEA still fails to respond with an increased enforcement re-
sponse, the board shall hold a public hearing regarding its intent to take
action. At the hearing, the board may decide to take enforcement action
or to take any other action to improve LEA performance pursuant to PRC
section 43216.5.
(b) In taking enforcement action, the board shall follow applicable
procedures set forth for the EA in sections 18304 through 18307, as ap-
plicable. Notice of such action shall be given to the LEA in the same time
and manner required for notice to the board by the LEA pursuant to sec-
tion 18304(e).
(c) Notwithstanding section 18350(a), if the board finds that the
LEA's failure to take enforcement action causes an imminent threat to
public health and safety or the environment, the board may take enforce-
ment action, as it deems necessary without prior notification or hearing.
(d) For purposes of this section, an imminent threat to public health
and safety or the environment is defined as a condition which is creating
a substantial probability of harm, when the probability and potential ex-
tent of harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate the damages to persons, property, natural re-
sources, or the public health or safety.
(e) In taking any enforcement action related to health standards as de-
fined in section 17205, the board shall coordinate its activities with the
State Department of Health.
NOTE: Authority cited: Sections 40502 and 43304, Public Resources Code. Refer-
ence: Sections 45000-45024, Public Resources Code.
History
1 . Change without regulatory effect pursuant to secdon 1 00(b)( 1 ) and (b)(4). Title
1, California Code of Regulations repealing former section 18350, and renum-
bering former section 18308 to section 18350 filed 5-4-90; operative 6-3-90
(Register 90, No. 24).
2. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Reg-
ister 2001, No. 15).
§ 1 8351 . Assumption of Duties of EA.
(a) The board shall assume the duties of the EA upon occurrence of any
of the following circumstances:
(1) Upon agreement of the board and local governing body and desig-
nation of the board in the manner provided by law; or
(2) Upon withdrawal of a designation where no new designation is
made and approved.
(b) Whenever the board assumes the duties of an EA, it shall so notify
the appropriate local governing body within 10 days of its assumption of
the duties.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 43202^3208, Public Resources Code.
History
1. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, ntle 1, Cahfomia Code of Regulations (Register 91, No. 27).
2. Amendment of secdon heading, section and Note filed 4-12-2001 ; operative
5-12-2001 (Register 2001, No. 15).
§ 18352. Filing of Papers.
History
1. Amendment filed 2-21-78; effecdve thirtieth day thereafter (Register 78, No.
8).
2. Change without regulatory effect repealing Section 18352 filed 8-17-89 pur-
suant to Section 100, Tide 1, California Code of Reguladons (Register 89, No.
35).
§ 18353. Hearing Panel.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44800-44801, Pubhc Resources Code.
History
1. Change without regulatory effect amending secdon filed 5-17-91 pursuant to
secdon 100, title 1, California Code of Reguladons (Register 91, No. 27).
2. Amendment filed 10-26-94; operadve 10-26-94 pursuant to Government
Code section 1 1346.2(d) (Register 94, No. 43).
3. Repealer filed 4-12-2001; operadve 5-12-2001 (Register 2001, No. 15).
§18354. Appeals.
NotE: Authority cited: Secdons 40502 and 43020, Public Resources Code. Refer-
ence: Secdons 45500-45504, Public Resources Code.
History
1. Change without regulatory effect amending secdon filed 5-17-91 pursuant to
secdon 100, dtle 1, California Code of Reguladons (Register 91, No. 27).
2. Repealer filed 4-12-2001; operadve 5-12-2001 (Register 2001, No. 15).
§ 18355. Fee Schedules.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
dons 43212, 43213 and 44006, Public Resources Code.
History
1. New secdon filed 8-3-77 as an emergency; effecdve upon filing (Register 77,
No. 32).
2. Amendment filed 10-31-77 as an emergency; effecdve upon filing. Certificate
of Compliance included (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, dtle 1, California Code of Regulations (Register 91, No. 27).
Page 806.11
Register 2003, No. 10; 3-7-2003
§ 18360
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. Repealer filed 4-12-2001 ; operative 5-12-2001 (Register 2001, No. 13),
Article 5.1. Inventory of Solid Waste
Facilities Which Violate State Minimum
Standards
§ 1 8360. Authority and Scope.
(a) This Article sets forth the procedures associated with the Inventory
of Solid Waste Facilities Which Violate State Minimum Standards, and
the enforcement roles of both the enforcement agency and the board.
(b) This Article is adopted pursuant to and for the purpose of imple-
menting the California Integrated Waste Management Act of 1989 (Act)
commencing with Section 40000 of the Public Resources Code, as
amended. This article should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal,
state, or local agency to enforce any provision of law that it is authorized
or required to enforce or administer, nor to limit or restrict cities or coun-
ties from promulgating laws which are at least as strict as the regulations
contained in this Article. However, no city or county may promulgate
laws which are inconsistent with the provisions of this Article.
NOTE: Authority cited: Sections 40502, 43020 and 43021, Public Resources
Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
History
1 . New article 5.1 (sections 18360-18368) and section filed 3-5-2003; operative
4-4-2003 (Register 2003, No. 10).
§18361. Definitions.
The following definitions apply to Article 5.1.
(a) "Compliance schedule" means a written plan with milestone dates
to achieve compliance for State Minimum Standard (SMS) violations.
The compliance schedule could be proposed by the operator and ap-
proved by the enforcement agency or directed by the enforcement
agency. The compliance schedule may be a stand-alone document or in
the form of a Notice and Order pursuant to California Code of Regula-
tions section 18304.
(b) "Executive director" means the executive director of the board or
his/her designee.
(c) "Inventory" means a list of solid waste facilities operating in the
State of California that have multiple violation(s) of the state minimum
standards for solid waste handling and disposal. State minimum stan-
dards regulate the design and operation of solid waste facilities in order
to protect public health and safety of the environment in Title 14 or Title
27, California Code of Regulations.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44104 and 44106, Public Resources Code.
History
I. New section filed 3-5-2003; operative 4-^1-2003 (Register 2003, No. 10).
§ 18362. Notice of Intent to List a Facility for Inclusion on
the Inventory.
(a) If, at a permitted facility, the enforcement agency documents the
same State Minimum Standards violation(s) for two consecutive months
during its inspections, then the board will send a notice of intent letter to
the operator and landowner of the facility. This letter is a notification to
the operator/owner of a permitted facility that the board intends to place
the facility on the Inventory if the violation(s) is not corrected within 90
days of receipt of the notice. The notice of intent letter will be sent by cer-
tified mail.
(b) The board must consult with the enforcement agency verbally or
in writing before sending a notice of intent letter to ensure that the notifi-
cation is based on current information.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 44104, Public Resources Code.
History
1. New section filed 3-5-2003; operative 4-^2003 (Register 2003, No. 10).
§ 18363. Rescission of the Notice of Intent to List a Facility
on the Inventory.
(a) If the enforcement agency provides written documentation that the
facility is no longer in violation of all of the standard(s) listed in the notice
of intent letter during the 90-day notice of intent period, then a rescission
letter will be sent to the operator and landowner by the board. The rescis-
sion letter will be sent by certified mail.
(b) The enforcement agency must indicate compliance on an inspec-
tion report developed at the time compliance is determined or on the next
inspection report after the determination.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 44104, Public Resources Code.
History
I. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§ 18364. Inclusion of a Facility on the Inventory.
(a) If the violation(s) listed on the notice of intent letter is not corrected
on or before the 90th day subsequent to the operator's receipt of the no-
tice of intent letter, then the board will send another letter to the operator
and landowner as notification that their facility has been placed on the
Inventory. The inclusion letter will state the violation(s) to be listed on
the Inventory, including those on the notice of intent letter that have not
been complied with, and will be sent by certified mail.
(b) The board must consult with the enforcement agency verbally or
in writing before sending out an inclusion letter to ensure that the notifi-
cation is based on current information.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 44104, Public Resources Code.
History
1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18365. Compliance Schedule.
(a) Within 15 business days following the date of the inclusion letter,
the enforcement agency must issue a compliance schedule to the operator
of the facility pursuant to PRC 44106(a). Within 5 business days of is-
suance of the compliance schedule, a copy will be sent to the board.
(b) The compliance schedule must have the final compliance date
within one year from the date of the inclusion letter. The enforcement
agency may issue a compliance schedule for more than one year but not
to exceed two years, after informing the executive director in writing. A
one-year extension beyond two years may be made prior to the expira-
tion of the two-year period upon approval by the executive director. The
executive director shall report any such approvals or disapprovals to the
Board.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Secfion 44106, Public Resources Code.
History
1. New section filed 3-5-2003; operative 4^4-2003 (Register 2003, No. 10).
§ 18366. Removal of a Family from the Inventory.
(a) When the enforcement agency provides the board with written doc-
umentation that the facility is no longer in violation of all the standard(s)
listed on the inclusion letter, then a removal letter will be sent to the oper-
ator and landowner by the board. The removal letter will be sent by certi-
fied mail within 15 days of the receipt of the LEA documentation.
(b) The enforcement agency must indicate compliance in an inspec-
tion report developed at the time compliance is determined or in the next
inspection report after the determination.
NOTE: Authority cited: Sections 40502 and 43020, Pubhc Resources Code. Refer-
ence: Sections 44104 and 44106, Public Resources Code.
History
1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18367. Publishing the Inventory.
(a) The Inventory will be published twice a year in board meeting min-
utes. Updates to the published Inventory will be made as needed.
(b) Each city council or county board of supervisors with a facility in
its jurisdiction on the Inventory will receive a copy of the twice a year
published Inventory. The jurisdiction will be notified when the facility
is removed from the Inventory.
Page 806.12
Register 2003, No. 10; 3-7-2003
Title 14
California Integrated Waste Management Board
§ 18402
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Section 44104, Public Resources Code.
HrSTORY
1 . New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
§18368. Penalties.
(a) The enforcement agency may issue enforcement orders as it deems
appropriate pursuant to Public Resources Code, Division 30, Part 5
(commencing at section 45000) and Title 14, California Code of Regula-
tions, Division 7, Chapter 5, Article 4 (commencing at section 18301).
(b) The enforcement agency may revoke the permit of a soUd waste
facility that does not meet the requirements contained in the compliance
schedule issued by the enforcement agency until the violation(s) of state
minimum standards which caused the fecility to be included in the Inven-
tory are remedied, pursuant to Public Resources Code, Division 30, Part
4, sections 44305 and 44306, and Title 14, California Code of Regula-
tions, section 18307.
NOTE: Authority cited: Sections 40502 and 43020, Public Resources Code. Refer-
ence: Sections 44106 and 45000^5024, Public Resources Code.
History
1. New section filed 3-5-2003; operative 4-4-2003 (Register 2003, No. 10).
Article 6. Criteria, Priority and
Administration of the Loan Guarantee
Program Provided Pursuant to the Waste
Disposal Site Hazard Reduction Act of 1987
§18400. Definitions.
For the purposes of this article, the definitions found in Public Re-
sources Code sections 46021-46028 shall apply unless otherwise indi-
cated. The following supplementary definitions shall also govern the
construction of this chapter:
(a) "Approved lending institutions" means banking organizations, in-
cluding national banking associations and state chartered commercial
banks and trust companies; savings and loan associations; and state and
federal agencies authorized to make loans, such as the California Pollu-
tion Control Financing Authority.
(b) "Borrower" means an owner or operator of a solid waste landfill
who applies for a loan, and meets the eligibility requirements set forth in
section 18401 of these regulations.
(c) "Default" means the failure of a borrower or debtor to pay, when
due, the principal and/or the interest owed:
(1) on an installment if the note is written for installment payments; or
(2) on maturity of the note if the note is written for a lump sum pay-
ment; or
(3) on demand of the lender if the lender has exercised the note's accel-
eration clause.
In the absence of the conditions stated above, failure of the debtor to
comply with terms or conditions attached to a note shall not in itself con-
stitute a default that would allow the lender to file a claim against the
guarantee.
(d) "Qualifying" corrective actions are those actions which are re-
quired by a state or local enforcement agency to protect the public health
or the environment, including but not limited to, events related to water
contamination, air pollution, and methane gas migration at solid waste
disposal facilities, and which are neither provided for in the closure or
postclosure maintenance plans for a facility which are required by sec-
tion 18255 of this Title; nor are required to be set forth in a facility's clo-
sure and postclosure maintenance plans by sections 18261 through
18265.3 of this title.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46021-46028, 46300-46301, 46303 and 46350-46353, Public Re-
sources Code.
History
1 . New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2, Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 1 8401 . Loan Guarantee Criteria.
The Board may guarantee a loan only if it determines that the borrower
meets the following criteria:
(a) The borrower has met the requirements, if applicable, of Public Re-
sources Code section 46202.
(b) The loan guarantee, if provided, shall be used to secure a loan from
an approved lending institution to implement a qualifying corrective ac-
tion, which is required to be taken pursuant to section 41805.5 of the
Health and Safety Code or section 13273 of the Water Code, or pursuant
to directions from a state or local enforcement agency.
(c) The borrower is unable to secure adequate finances for a qualifying
corrective action and has provided written evidence that this guarantee
is necessary in order to secure adequate finances. Evidence may include,
but is not limited to, credit evaluations from approved lending institu-
tions indicating that a guarantee is needed in order for the loan to be
made.
(1) The landfill owner or operator shall have attempted to secure fi-
nancing through conventional funding mechanisms, including but not
limited to increased tipping fees, to cover the cost of implementing the
corrective action.
(2) The borrower is unable to obtain the required financing from any
of its parent, subsidiary or associated enterprises.
(d) If the facihty is in the process of closing,the borrower must be un-
dertaking the planned closure and postclosure maintenance activities. If
any part of the facility has already been closed, the borrower must be un-
dertaking the planned closure and postclosure maintenance activities on
the closed portion.
(e) The borrower is able to repay the loan.
(1) Evaluation of the borrower's ability to repay shall be based on the
borrower's financial statements for the previous three (3) years.
(A) Each of these statements shall consist of a balance sheet, an in-
come statement, and a statement of changes in financial position, all of
which will have been prepared according to generally accepted account-
ing principles.
(B) If the latest complete financial statement is more than six (6)
months old, an interim financial statement not older than sixty (60) days
shall be included.
(2) If financial statements are not available, the borrower will provide
other information acceptable to the Board which establishes a financial
ability to repay the loan, such as:
(A) Income tax returns,
(B) Credit reports from Retail Credit Association and other credit re-
porting agencies,
(C) An appraisal report showing the value of real and personal proper-
ty which is suitable as collateral.
(f) The loan which is to be guaranteed will be secured by collateral as
the Board may require, such as, but not limited to, a mortgage or security
interest in real estate, and buildings or personal property of the borrower.
These items may only be subject to encumbrances that the Board may ap-
prove, such as, assignment or pledges of leases, and personal or corporate
guarantees. Only the unencumbered equity portion of the property ac-
cepted as collateral shall be considered as collateral. Personal guarantees
of the principals shall be required, unless reasons satisfactory to the
Board are presented which justify not requiring such guarantees.
(1) Real state or stationary machinery or equipment pledged as a sig-
nificant portion of collateral for repayment of a guaranteed loan shall be
located within the State of Cahfomia. Real estate pledged as collateral
shall not include land which has been used as a solid waste disposal site.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46205 and 46303^6307, Public Resources Code.
History
1 . Editorial renumbering of former section 1 8401 to section 18499, and new sec-
tion 18401 filed 4-2-90; operative 5-2-90 (Register 90, No. 14). For prior his-
tory, see Registers 89, No. 1 and 81, No. 9.
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18402. Priority.
The allocation of loan guarantee funds by the Board shall be in accor-
dance with the following order of priority:
Page 806.12(a)
Register 2003, No. 10; 3-7-2003
§ 18402 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(a) First priority will be given to applicants who need to secure finan- (c) In the event that a priority between applications cannot be estab-
cial resources for the mitigation of identified hazards to public health, lished by subsections (a) and (b), priority will be given to those applicants
damage to the environment, or nuisance to the public, of greatest severi- who demonstrate the best record of compliance with apphcable law, reg-
ty, which are created by solid waste landfills and entail qualifying correc- ulations and permits required in the operation of landfill facilities,
tive actions as defined in section 18400 of this article. (d) In the event that a priority between applications cannot be estab-
(b) In the event that applications to mitigate hazards of equal severity lished by subsections (a) through (c), priority will be given to those appli-
are received, priority will be given to those appHcations where it is shown cations with the smallest dollar value, in order to allow the maximum
that there will be the greatest increase in the costs associated with the an-
ticipated corrective action, if the corrective action is delayed.
[The next page is 806.31.
Page 806.12(b) Register 2003, No. 10; 3-7-2003
Title 14
California Integrated Waste Management Board
§ 18409
•
number of guarantees to be made within the limits of the Loan Guarantee
Program.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46306 and 46307, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18403. Loan Guarantee Size.
(a) The minimuin loan amount that will be guaranteed is the smallest
amount which an approved lending institution is willing to loan to the
borrower.
(b) The maximum loan guarantee amounts shall be subject to the fol-
lowing limitations:
(1) A loan guarantee will not exceed $1,000,000 or the cost of the spe-
cified corrective action, whichever is less.
(2) The total loan guarantee amount awarded to any one borrower will
not exceed fifty percent (50%) of the balance of funds in the Account al-
located for loan guarantees at the time the guarantee is awarded.
The Board may guarantee a loan in excess of these limits if it deter-
mines that a guarantee with a greater value is necessary to mitigate haz-
ards to public health, damage to the environment, or nuisance to the pub-
lic.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46300, 46301 and 46303, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18404. Loan Guarantee Period.
(a) A loan guarantee will expire sixty (60) months after the effective
date of the guarantee of on the date the loan is repaid, whichever occurs
first.
(b) A guarantee may be renewed prior to its termination. The Board
will determine whether to renew a guarantee using the same criteria and
procedures used to establish a new loan guarantee.
(c) A guarantee may exceed sixty (60) months if the Board determines
that hazards to public health will exist, or damage to the environment will
ensue, or a nuisance to the public will persist if a guarantee with a longer
life is not made.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Section 46303, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§18405. Percentage of Guarantee.
The Board may guarantee no more than ninety percent (90%) of the
principal balance to be loaned. This guarantee shall obligate the Board
to purchase from the lender the guaranteed portion of a loan in the event
of a default, subject to the terms and conditions of the guarantee as speci-
lied in sections
18412 and 18413, and in the loan guarantee contract.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Section 46303, Public Resources Code.
History
;i. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 1 8406. Reserve Ratio.
The Board shall insure that at all times loan guarantee funds are held
in reserve in an amount equal to no less than seventy-five percent (75%)
of the total amount of the guaranteed principal and interest which is cur-
rently outstanding.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46300-46301, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 1 8407. Loan Interest.
The rate of interest to be charged on guaranteed loans shall be nego-
tiated between the lender and borrower. The lender shall inform the
Board of agreed-upon interest rate for a loan at the time the loan is made.
NOTE: Authority cited: Sections 40502 and 46201 , Public Resources Code. Refer-
ence: Section 46303, Pubhc Resources Code.
History
1 . New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 18408. Application for Loan Guarantees; Fees.
(a) A landfill owner or operator shall file an application for a loan guar-
antee to fund a corrective action at the principal place of business of the
Board.
(b) A landfill owner or operator shall file an application for a loan guar-
antee that includes information as specified in CIWMB Forms 201
(5/89), 202 (5/89) and 203 (5/89), which are incorporated by reference.
Submittal of these forms is optional, but submittal of the information re-
quested in these forms is mandatory.
(c) A lender shall include information on an applicant as specified in
CIWMB Form 204 (5/89), which is incorporated by reference. Submittal
of this form is optional, but submittal of the information requested in this
form is mandatory.
(d) A minimum nonrefundable application fee of $250 or one-tenth
(1/10) of one percent of the loan amount to be guaranteed, whichever is
greater, shall be paid to the Board at the time of application to defray the
Board's expenses in reviewing and processing the application.
NOTE: Authority cited: Sections 40502 and 46201, Public Resources Code. Refer-
ence: Sections 46204, 46308 and 46309, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 18409. Board's Actions on Applications.
(a) Upon receipt of an application for a loan guarantee made by a land-
fill operator or owner, the Board shall review the application to determine
if the application is complete. If the application is not complete, it shall
be returned and the applicant notified of the deficiencies in the applica-
tion within thirty (30) days. The applicant may resubmit an application
to correct the identified deficiencies one time without paying a new appli-
cation fee.
(b) Within ninety (90) days of the receipt of the complete application,
the Board shall approve, modify or deny the application for a loan guar-
antee.
(c) Upon approval of a requested loan guarantee, the Chairman of the
Board shall insure that the criteria and priority imposed by sections
18401 and 18402, have been fully met.
(d) Before a loan guarantee commitment is issued by the Board, the
terms of a loan guarantee shall be set forth in a contract agreed to by the
borrower, the lender, and the Board.
(e) In the event the Board disapproves any application, the Board will
notify the applicant of the disapproval and the reasons for the disapprov-
al. The notice shall include a statement of the applicant's right to appeal
for reconsideration upon meeting the requirements set forth in the notice
of disapproval. An applicant may appeal for reconsideration one time
without paying a new appUcation fee.
NOTE; Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Section 46201, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
Page 806.31
Register 2005, No. 29; 7-22-2005
§ 18410
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 841 0. Report of Fund Condition.
(a) Guaranteed loans shall be subject to audit by the Board at any time,
as the Board deems warranted. These loans shall be subject to audit by
the Board from the time the guarantee is issued until three years after the
guarantee has expired.
(b) If, in the course of an audit, all accounting records of the loan ex-
penditures are not available, the borrower will produce these records
within sixty (60) days. If no ledgers exist, the borrower shall provide the
Board with copies of source documents such as invoices, canceled
checks, time sheets and payroll registers. It is the responsibility of. the
borrower to maintain proper accounting records.
(1 ) In the event that an audit reveals that the borrower used any of the
loan proceeds for purposes other than the corrective action for which the
loan guarantee was awarded, the borrower will be in violation of the loan
guarantee agreement. Dependent upon the scope of the misuse of funds,
the Board shall take action, such as, requiring refunds of misspent funds,
filing civil lawsuits or criminal prosecution.
(c) Lenders shall verify in writing the condition of loans upon request
by the Board. The verification shall consist of the terms of the loan, the
repayment schedule, monthly payments, and any other information
needed to monitor the financial condition of loans guaranteed.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Section 46205, Public Resources Code.
History
1 . New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 1 841 2. Terms of Guarantee.
The Board shall be obligated to purchase no more than ninety percent
(90%) of the outstanding principal balance and the accrued unpaid inter-
est. In the event the lender requests the note be purchased, the Board shall
pay the percentage of accrued interest guaranteed for the number of days
the debtor has been delinquent, up to the day the Board notified the lender
of its intent to purchase the note. Payment, however, shall be conditional
upon the lender having met the conditions of the guarantee as stipulated
in section 18413.
In the event that the lender has recovered part of the collateral or secu-
rity interest prior to reimbursement by the Board, only the difference be-
tween the recovered money and the guaranteed portion of the principal
and the interest may be claimed against the loan guarantee fund by the
lender. If the lender or the Board obtains recovery on a defaulted note af-
ter purchase and reimbursement by the Board, the recovery shall be paid
to the Board and the lender in proportion to the exposure the Board and
the lender respectively bore to the defaulted note after the deduction of
its collection costs.
No single claim shall, nor shall the aggregate of claims made by lend-
ers, hereunder, exceed the amount allocated to the loan guarantee fund
in the Account. The State shall not be liable or obligated in any way be-
yond the State money allocated to the loan guarantee fund in the Account.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Sections 46205 and 46350-46353, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, dtle 1, California Code of Regulations (Register 91, No. 27).
§ 1 841 1 . Default Claim Procedures.
The following default claim procedures shall apply in the event a guar-
anteed loan is in default:
(a) The lender shall notify the Board of the debtor's delinquency by
mailed notice no later than the forty-fifth (45th) day of delinquency.
(b) The lender shall supply the Board with copies of the notes, security
agreements, guarantees and a summary of the loan's history, including
where the loan is domiciled, the payment record, and a copy of the lend-
er's liquidation plan by the sixtieth (60th) day of delinquency.
(c) The lender may file with the Board its claim for payment under the
terms of the guarantee as stipulated in section 18412, no earlier tan the
ninetieth (90th) day of delinquency. This claim shall be for the guaran-
teed portion of the outstanding principal balance of the loan plus the ac-
crued unpaid interest on the guaranteed amount.
(d) Within forty-five (45) days from receipt of a claim for payment as
a result of a delinquency, the Board shall notify the lender of its intent to
purchase from the lender the guaranteed portion of the note for the
amount specified in the claim.
(e) From the time a loan payment is first delinquent until the guaran-
teed portion of the note and the accrued interest is paid by the Board, the
lender shall take actions necessary to secure and exercise its position as
a creditor.
(f) On purchase of the guaranteed portion of a defaulted note by the
Board, the lender shall assign the guaranteed portion of the note, security
interest, and guarantees to the Board. The Board shall take the action it
deems necessary and appropriate in order to secure payment from the
debtor or the debtor's assets.
(g) In the event the Board obtains recovery on a defaulted note after
its purchase from the lender, the proceeds of the recovery, minus the cost
of recovery, shall be shared between the Board and lender in proportion
to the exposure the Board and lender respectively bore to the defaulted
note.
NOTE: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence; Sections 46350-46353, Public Resources Code.
History
1. New section filed 4^2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
§ 1 841 3. Conditions of Guarantee.
The Board shall honor its guarantee to a lender if:
(a) The debtor is in default of the note, as defined in section 18400(c).
(b) The lender has met the conditions for the issuance of the guarantee
and has observed the lender's reporting and collection requirements as
specified in sections 18410 and 18411.
(c) The lender has complied with the terms of the loan guarantee con-
tract.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Refer-
ence: Secfions 46350-46353, Public Resources Code.
History
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 14).
2. Change without regulatory effect amending section filed 5-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 27).
Chapter 5.9. California Integrated Waste
Management Board —
Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1344, that the printing of the regulations constituting the Conflict
of Interest Code is impractical and, being of limited and particular appli-
cation, these regulations are not pubhshed in full in the California Code
of Regulations. The regulations are available to the public for review or
purchase at cost at the following locations:
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
1001 I STREET
SACRAMENTO, CA 95812
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "0" STREET
SACRAMENTO. CA 95814
The Conflict of Interest Code is designated as Chapter 5.9, Division
7 of Title 14, of the California Code of Regulations, and consists of sec-
tions numbered and titled as follows:
Page 806.32
Register 2005, No. 29; 7-22-2005
Title 14
California Integrated Waste Management Board
§ 18420
Chapter 5.9.
Section
18419.
California Integrated Waste Management Board-
Conflict of Interest Code
General Provisions
Appendix
NOTE: Authority cited: Sections 87300 et seq., Government Code. Reference:
Section 87300, et seq.. Government Code.
History
1. New chapter 6 (sections 18401-18467, not consecutive) filed 2-21-78; effec-
tive thirtieth day thereafter. Approved by Fair Political Practices Commission
]-]2-78(Register78, No. 8).
2. Repealer of chapter 6 (articles 1-5, sections 18401-18467, not consecutive and
Exhibits A and B) and new chapter 6 (section 18401 and Appendix) filed
2-26-81 ; effective thirtieth day thereafter. Approved by Fair Political Practices
Commission 12-1-80 (Register 81, No. 9).
3. Editorial renumbering of former section 18401 to section 1 8499 (Register 90,
No. 14).
4. Change without regulatory effect renumbering chapter and section headings
filed 1-14-92 pursuant to section 100, title 1, California Code of Reeulations
(Register92, No. 12).
5. Amendment of addresses. General Provisions and Appendix filed 11-1 5-93 for
procedural review and publication only; operative 1 2-15-93. Approved by Fair
Political Practices Conuiiission 9-16-93 (Register 93, No. 47).
6. Amendment of addresses. Note and Appendices filed 12-5-2002; operative
1-4-2003. Approved by Fair Political Practices Commission 10-21-2002
(Register 2002, No. 49).
7. Amendment of addresses and Appendix filed 7-21-2005; operative
8-20-2005. Approved by Fair Political Practices Commission 3-3-2005 (Reg-
ister 2005, No. 29).
Chapter 6. Permitting of Waste Tire
F'aciiities and Waste Tire Hauler Registration
and Tire l\/lanifests
Article 1. General
§18420. Applicability.
(a) The operator of a waste tire facility shall acquire a waste tire facility
permit in accordance with the requirements of this Chapter and PRC sec-
tion 42808, unless any of the following conditions exist:
( 1 ) The waste tires are stored or disposed at a permitted solid waste dis-
posal facility. The permit of the solid waste facility shall be revised pur-
suant to Public Resources Code (PRC) section 44014 and shall conform
to the requirements of Division 7, Chapter 3, Article 5.5.
(2) The facility is using fewer than 5,000 waste tires for agricultural
purposes and the waste tires have been rendered incapable of holding ac-
cumulations of water.
(3) The facility is storing fewer than 500 waste tires.
(4) The facility is a tire treading business and not more than 3,000
waste tires are kept on the premises.
(5) (Reserved).
(6) The facility is an automobile dismantler, as defined in Sections 220
and 221 of the Vehicle Code, who stores waste tires on the premises of
the auto dismantler for less than 90 days if not more than 1 ,500 waste tires
are ever accumulated on the dismantler' s premises.
(7) The facility is a tire dealer who stores waste tires on the dealer's
premises for less than 90 days if not more than 1 ,500 waste tires are ever
accumulated on the dealer' s premises.
(b) For purposes of determining the applicability of this Chapter 6, al-
tered waste tires shall be counted as passenger tire equivalents (PTE).
(c) (Reserved)
(d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9,
10 and 1 1 apply to operators and/or businesses described under Chapter
6, Article 1.
(e) A "used tire dealer" is only authorized to lawfully accept used or
v/aste tires without a waste tire facility permit if the used tire dealer is in
compliance with Section 1 7225.820, Article 4. 1 , Chapter 3 and has fewer
than 1500 waste tires in accordance with Section 42808(c).
NOTE; Authority cited: Sections 40502, 42820, 42830 and 42966. Public Re-
sources Code. Reference: Sections 42806.5, 42808, 42820, 42830, 42831, 42832,
440 J 4 and 42950, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transinitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsections (a)-(a)(2) and (b), and adoption of subsections
(c)-(d)(2) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No.
45).
9. Amendment of Chapter heading, new subsections (e) and (f), and amendment
of Note filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No.
3). A Certificate of Compliance must be transmitted to OAL by 5-17-95 or
emergency language will be repealed by operation of law on the following day.
10. Amendment of chapter heading, new subsections (e) and (t) and amendment
of Note refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95, No.
20). A Certificate of Compliance must be transmitted to OAL by 9-1 5-95 or
emergency language will be repealed by operation of law on the following day.
1 1 . Amendment of chapter heading, new subsections (e)-(f) and amendment of
Note refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-19-95 or
emergency language will be repealed by operation of law on the following day.
12. Amendment of chapter heading, new subsections (e)-(O and amendment of
Note refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register 95, No.
48). A Certificate of Compliance must be transmitted to OAL by 3-27-96 or
emergency language will be repealed by operation of law on the following day.
13. Change without regulatory effect amending subsection (d)(2) filed 4-2-96
pursuant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
14. Certificate of Compliance as to 1-18-95 order including amendment of sub-
section (e) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
15. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5),
repealer of subsections (b) and (c), new subsecfion (b), subsection relettering,
and amendment of newly designated subsection (c)(2) filed 6-16-98 as an
emergency; operafive 6-16-98 (Register 98, No. 25). A Certificate of Com-
pliance must be transmitted to OAL by 10-14-98 or emergency language will
be repealed by operation of law on the following day.
16. Reinstatement of section as it existed prior to 6-16-98 emergency amendment
by operation of Government Code section 11346.1(g) (Register 98, No. 46).
17. Repealer of subsecfion (a)(4), subsection renumbering, new subsection (a)(5),
repealer of subsecfions (b) and (c), new subsection (b), subsection relettering,
and amendment of newly designated subsection (c)(2) filed 1 1-9-98 as an
emergency; operafive 11-9-98 (Register 98, No. 46). A Certificate of Com-
pliance must be transmitted to OAL by 3-9-99 or emergency language will be
repealed by operafion of law on the following day.
18. Repealer of subsection (a)(4), subsection renumbering, new subsection (a)(5),
repealer of subsections (b) and (c), new subsection (b), subsection relettering,
and amendment of newly designated subsection (c)(2) refiled 3-5-99 as an
emergency; operafive 3-5-99 (Register 99, No. 10). A Certificate of Com-
pliance must be transmitted to OAL by 7-6-99 or emergency language will be
repealed by operation of law on the following day.
19. Repealer of subsecfion (a)(4), subsection renumbering, new subsection (a)(5),
repealer of subsections (b) and (c), new subsection (b), subsection relettering,
and amendment of newly designated subsection (c)(2) refiled 7-2-99 as an
emergency; operative 7-6-99 (Register 99, No. 27). A Certificate of Com-
pliance must be transmitted to OAL by l]-3-99oremergency language will be
repealed by operation of law on the following day.
20. Emergency acfion of 7-2-99 refiled 10-29-99 as an emergency, including
transposition of subsections (a)(4) and (a)(5), repealer of subsection (b) and sub-
section relettering; operative 10-29-99 (Register 99, No. 44). A Certificate of
Compliance must be transmitted to OAL by 2-28-2000 or emergency language
will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 10-29-99 order transmitted to OAL
2-22-2000 and filed 3-31-2000 (Register 2000, No. 13).
Page 806.33
Register 2005, No. 29; 7-22-2005
§ 18421
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
22. Amendment of section and Note filed 4-1-2003; operative 5-1-2003 (Recis-
ter2003,No. ]4).
23. Amendment of chapter heading filed 5-28-2003; operative 7-1-2003 (Regis-
ter 2003, No. 22).
§18421. Scope.
NOTE: Authority cited: Sections 40502, 42020 and 42830, Public Resources
Code: Reference: Sections 42820 and 42830. Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be uansmitied to OAL by 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. A Certificate of Cotnpliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-20-92
or emergency language will be repealed by operation of law on the following
day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer of
section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
§18422. Definitions.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 21068, 21082.2, 42800, 42820 and 42830, Public Re-
sources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines,
Title 14, CCR.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Repealer of article 2 heading and secdon and amendment of Note filed
4^1-2003; operafive 5-1-2003 (Register 2003, No. 14).
Article 2. Review of Permit Applications
§ 18423. Filing of Application.
(a) Every operator of a new or existing major or minor waste tire facil-
ity shall submit to the Board a completed original and two (2) copies of
the waste tire facility permit application, as specified in Article 4 of this
Chapter.
(b) Upon receipt of the application, the Board shall mark the applica-
tion package with the date of receipt. Within 30 days of receipt, the Board
shall examine the application package to determine whether it meets the
requirements contained in this chapter and either accept the application
as complete or reject the application. If the Board finds the application
meets the requirements, the application shall be accepted as complete. If
the Board determines that the application does not conform to the appli-
cable requirements, it shall notify the applicant in writing enumerating
the grounds for rejection.
NOTE: Authority cited: Secfions 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42820, 4282 1 , 42822, 42830, 42832 and 42833, Public
Resources Code and Sections 15376 and 65943, Government Code.
History
1. New section filed 2-10-92 as an emergency; operafive 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operafive 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Renumbering of former article 3 to article 2 and amendment of secfion filed
4-1-2003; operafive 5-1-2003 (Register 2003, No. 14).
§ 18424. Amendments to Application.
(a) At any time after an application for a waste tire facility permit has
been made and before issuance or denial of a permit or revision thereof,
the applicant shall notify the Board of any changes to the required infor-
mation on the apphcation. Such notice shall be given by the filing of an
amendment to the application.
(b) If the Board determines that the amendment significantly alters the
nature of the application, the Board may deem the amendment a new
application. The new application shall supersede the previous applica-
tion. In this case the time for the Board to act on the new application shall
be computed from the date of filing of the amendment.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Secfions 42820, 42821, 42822, 42830, 42832 and 42833, Public
Resources Code.
HrSTORY
1 . New section filed 2-10-92 as an emergency; operafive 2-1 0-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operafive 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of CompHance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operafion of law on the following day.
5. Certificate of CompHance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Amendment of subsecfion (a) filed 4-1-2003; operative 5-1-2003 (Register
2003, No. 14).
•
Page 806.34
Register 2005, No. 29; 7-22-2005
Title 14
California Integrated Waste Management Board
§ 18427
Article 3. Permit Issuance, Renewal,
Revision, Revocation, Denial, Suspension,
Reinstatement, Change of Owner, Operator,
and/or Address
§18425. Permit Issuance.
(a) With the exception of subsection (d), within 1 80 days of accepting
a completed application, the Board shall either issue a permit or deny the
issuance of a permit in accordance with Subsections (b) and (c), respec-
tively, unless the applicant requests an extension of time.
(b) Upon the applicant's compliance with this Chapter, the Board may
make findings and issue the permit as provided in this Article. The permit
shall specify the conditions under which the waste tire facility shall com-
ply with this Chapter.
(c) If the Board denies the issuance of a permit, it shall accompany its
denial with a written explanation of its action.
(d) If the Board is lead agency for the project, as defined in Govern-
ment Code section 65929, for which an environmental impact report
must be prepared pursuant to PRC section 21 100, the Board shall have
one year, from the date the application was accepted as complete, to issue
or deny the issuance of a permit in accordance with subsections (b) and
(c), respectively. If there has been an extension of time pursuant to PRC
section 21100.2 to complete and certify the environmental impact report,
the Board shall issue a permit or deny the issuance of a permit in accor-
dance with subsections (b) and (c), respectively, within 90 days after cer-
tification of the environmental impact report. This extension of time may
be extended once for an additional period, not to exceed 90 days, upon
consent of both the applicant and the Board.
(e) A copy of the current permit shall be made available upon request
to the Board or an authorized employee or agent of the Board during an
inspection of the facility.
NOTE: Authority cited: Sections 40302, 42820 and 42830, Public Resources
Code. Reference: Sections 4282 1 , 42822, 42832, 42833, 42840 and 42841 , Public
Resources Code and Sections 15376 and 65920-65961, Government Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transinitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Editorial correction of printing error in article heading (Register 93, No. 5).
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 4 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsecfion (d) and adoption of subsection (f) transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
10. Renumbering and amendment of former article 4 to article 3, repealer of sub-
section (e), subsection relettering and amendment of Note filed 4-1-2003; op-
erative 5-1-2003 (Register 2003, No. 14).
§18426. Permit Renewal.
(a) Except as provided in Section 18429, of this Chapter every permit
shall expire five years after its issuance, renewal, or most recent revision.
(b) At least 395 days prior to the expiration of an existing waste tire
facility permit, the operator shall submit a completed original application
for a waste tire facility permit and two (2) copies to the Board.
(c) Sections 18423 through 18425 of this Chapter shall apply to the
submittal and review of the application for renewal and the issuance of
a permit.
(d) If the Board determines upon review of the application for renewal
that revision of the permit is not required, it shall inform the applicant of
its decision and the basis for its decision.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840 and
42841, Public Resources Code and Section 15376, Govemment Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
§18427. Permit Revision.
(a) Any permittee proposing to make a substantial change in the design
or operation of the waste tire facility, the operator of the waste tire facility
shall apply for a revision of the permit. The application shall be made in
the manner specified in sections 1 8423 and 1 8424 of Article 2.
Except as otherwise provided in this section, the application shall be
handled in the same manner as an application for a new permit.
(b) The Board may require the permittee to submit an application for
revision if the revision is required to reflect changed state or federal stat-
utes or regulations applicable to the facility.
(c) Except as provided in Paragraph (b) of this section, the permittee
may at any time withdraw an application by submitting a written request
to the Board.
(d) The permittee shall notify the Board in writing of each administra-
tive change no later than seven (7) business days after the change is effec-
tive. Administrative changes shall include but are not limited to, changes
to any information in the application that does not apply to the design or
operation of the facility.
(e) The Board will review the information provided and determine
whether or not a permit revision is required. The applicant shall be noti-
fied in writing if the information is incomplete or if it is determined that
a permit revision is required. If the owner/operator has satisfied all the
requirements, Board staff will make applicable administrative changes
to the permit and forward the applicable pages of the permit to the permit-
tee.
NOTE; Authority cited; Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 2 1068, 2 1 082.2, 42820, 42822, 42830 and 42833, Pub-
lic Resources Code and Sections 15002, 15064 and 15382, State CEQA Guide-
lines, Title 14, CCR.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
Page 806.35
Register 2003, No. 14; 4-4-2003
§ 18428
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial coiTection of History 4 (Register 93, No. 26).
8. Certificate of Comphance as to 6-22-93 emergency order including amend-
ment of section heading and text transmitted to OAL 9-23-93 and filed
1 1-3-93 (Register 93, No. 45).
9. Amendment of section heading, section and Notie filed 4-1-2003; operative
5-1-2003 (Register 2003, No. 14).
§ 18428. Change of Owner, Operator, and/or Address.
Owners and/or operators of a facility who plan to sell, encumber,
transfer or convey the ownership or operation of the facility or land to a
new owner or operator, or who plan to change their address shall notify
the Board 30 days prior to the date of the planned transaction. The new
owner or operator is required to submit the following information:
(1) Names(s), address(es), where notice can be sent and phone num-
bers(s) of the new owner/operator;
(2) Documentation that the new owner/operator meets the financial as-
surance and operating liability requirements, when applicable;
(3) A signed affidavit certifying that the owner/operator has read the
governing permit and conditioning documents and will operate in accor-
dance with the terms and conditions of the existing WTFP and condition-
ing documents and that all new information submitted is correct; and
Table
(4) Amendments to the application package to reflect the change in
owner/operator, and/or facility name.
The Board staff will make the applicable administrative changes to the
permit and forward the appficable pages of the permit to the permittee.
NOTE: Authority cited: Sections 40502, 42820 and 42830. Public Resources
Code. Reference: Sections 42820 and 42830, Public Resources Code.
History
1 . New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14). For
prior history, see Register 93, No. 45.
Article 3.5.
Enforcement Criteria for Waste
Tire Facilities
§ 1 8429. Penalty Schedule for Administrative Complaints.
(a) Unpermitted Waste Tire Facilities:
(1) Determine in Table 1 whether or not this act is negligent or inten-
tional, and whether is it the first, second, or third offense (intentional
only). Match it up to the amount of tires at the site, and determine the base
fine. Table 1 is to be used for violations of Public Resources Code, sec-
tions 42823, 42824, 42833, 42834, and California Code of Regulations,
section 18420(a). Multiply the base fine by the applicable risk factor in
Table 2A or Table 2B, dependent upon whether it is negligent or inten-
tional, and determine the total fine/day that will be set. Multiply the total
fine/day by the number of days past due with the Clean Up & Abatement
Order deadline.
1#
Type Of
500-4,999
5,000-9,999
Site/Operator
Tires
Tires
Negligent-Capacity
Unpermitted WTF
$500
$1,000
Unpermitted WTF
$2,000
$2,500
(2nd Offense, etc.)
Intentional-Capacity
Unpermitted WTF
$1,000
$2,000
Unpermitted WTF
$4,000
$5,000
i2nd Offense)
Unpermitted WTF
$6,000
$7,000
{3rd Offense, etc.)
10,000-19,999
Tires
20.000^9,999
Tires
50.000 or More
Tires
$1,500
$3,000
$2,000
$3,500
$3,000
$4,000
$3,000
$6,000
$4,000
$7,000
$6,000
$8,000
$8,000
# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835.
$9,000
$10,000
Table 2A
Enhancement Issue-Negligent Act
Serious threat to Public Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways and
airports within 1 ,000 feet.
Moderate threat to PubUc Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within one mile, but more than 1,000 feet.
No potential threat to Public Health and Safety, or the Environment.
Risk Factor
1.00
0.75
0.50
Table 2B
Enhancement Issue-Intentional Act
Serious threat to Public Health and Safety, or the Environment. Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within 1,000 feet.
Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and
airports within one mile, but more than 1 ,000 feet.
No potential threat to public health and safety, or the environment.
(b) Permitted Waste Tire Facilities:
(1) Determine in Table 3 whether or not this act is negligent or inten-
tional, and whether is it the first, second, or third offense. Match it up to
the amount of tires exceeding the permitted capacity at the site, and deter-
mine what the base penalty is. Table 3 is to be used for violations of the
California Code of Regulations, sections 17351(c) and 17354 (a) & (b),
or permit capacity only. Multiply the base penalty by the applicable risk
Risk Factor
1.5
1.25
1.00
factor in Table 4A or Table 4B and multiply that number by the amount
of days past the Clean Up & Abatement Order deadline to determine the
total fine. Determine what other types of violations were observed in
Table 5, determine the appropriate penalty amount -in accordance with
the criteria estabhshed in PRC section 42852, and add these penalties to
the total fine.
Page 806.36
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18430
Table 3#
(For Violations Of 17351(c), 17354 (a) & (b), Or Permit Capacity only)
Type Of
Site/Operator
]-4M
Tires*
Negligent Capacity
Permitted WTF
$500
Permitted WTF
$2,000
{2nd Offense, etc.)
Intentional Capacity
Permitted WTF
$1,000
Permitted WTF
$4,000
5,000-9,999
Tires*
$1,000
$2,500
$2,000
$5,000
10.000-19.999
Tires*
$],500
$3,000
$3,000
$6,000
20.000-49,999
Tires*
$2,000
$3,500
$4,000
$7,000
$9,000
{2nd Offense)
Permitted WTF $6,000 $7,000 $8,000
{3rd Offense, etc)
* Over permitted capacity
# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835.
Table 4A
Enhancement Issue-Negligent Act
Serious threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within 1 ,000 feet
Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and
airports within one mile, but more than 1,000 feet.
50.000 or More
Tires*
$3,000
$4,000
$6,000
$8,000
$10,000
No potential threat to public health and safety, or the environment.
Table 4B
Enhancement Issue-Intentional Act
Serious threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and
airports within 1,000 feet.
Moderate threat to public health and safety, or the environment. Residential homes, freeway/major roads, lakes, rivers, waterways and
airports within one mile, but more than 1,000 feet.
Risk Factor
1.00
0.75
0.50
Risk Factor
1.5
No potential threat to public health and safety, or the environment.
1.25
1.00
Table 5
Additional Penalties
Type of Violations
14 CCR 17351(a) & (b) Conrununications and other site equipment
14 CCR 17352 Facility Access and Security
14 CCR 17353 Vector Control Measures
14 CCR 17354 [except (a)&(b)] Parameters For Storage of Waste Tires Outdoors
14 CCR 17356 Indoor Storage Parameters
14 CCR 18427 Permit Revision
14 CCR 18470 Financial Assurance Requirements for Closure
Violation of any Permit conditions (except capacity violation)
14 CCR 18423(a) Filing of Application
14 CCR 18440(a) Compliance with Section 18441
14 CCR 18440(b) Submit Updated Closure Plan
14 CCR 1 8440(c) Approval of Major WTF Closure Plan Prior to Closure
14 CCR 18440(d) Approval of Minor WTF Closure Plan Prior to Closure
14 CCR 18440(e) Immediate Closure
14 CCR 18441(a) Closure Procedures
14 CCR 18443(d) Inspection Access
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources
Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
Range of Penalty
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$500/day (minor)
$l,000/day (major)
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$500-$5,000
$50O-$5,000
$500-$5,000
$5O0-$5,000
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. New article 3.5 (section 18429) and repealer and new section filed 4-1-2003;
operative 5-1-2003 (Register 2003, No. 14).
§ 1 8430. Reinstatement of Suspended and Revoked
Permits.
NOTE: Authority cited: Secfions 40502, 42820 and 42830, Public Resources
Code. Reference: Secfions 42820, 42830 and 42841, Public Resources Code.
History
1. New secfion filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL ^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
Page 806.37
Register 2003, No. 14; 4-4-2003
§ 18431
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer of
section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
Article 4. Permit Application
§18431. Application.
An application for a new permit or an application for renewal or revi-
sion of an existing permit, for a major waste tire facility, shall include
items (a) through (h) of this section. An application for a new permit or
an application for renewal or revision for a minor waste tire facility per-
mit shall include items (a) through (d) and (h) of this section.
(a) A complete form CIWMB 500 "Waste Tire Facility Permit Appli-
cation" (9/02), which is incorporated herein by reference. (See Appendix
A.)
(b) A completed form CIWMB 501 "Waste Tire Facihty Operation
Plan" (9/02) as specified in section 18432 of this Article, which is incor-
porated herein by reference. (See Appendix A.)
(c) A completed form CIWMB 502 "Waste Tire Facility Environmen-
tal Information" (9/02) which is incorporated herein by reference. (See
Appendix A.)
(d) A completed form CIWMB 503 "Waste Tire Facility Emergency
Response Plan" (9/02) as described in section 1 8433 of this Article. This
form is incorporated herein by reference. (See Appendix A.)
(e) A completed form CIWMB 504 "Waste Tire Facility Closure Plan"
(9/02). This form is incorporated herein by reference. (See Appendix A.)
(f) A completed Reduction/Elimination Plan as specified in section
18434 of this Article.
(g) Financial assurance mechanisms and operating liability as speci-
fied in Articles 9 and 10 of this Chapter. These Article 9 and 10 forms are
incorporated herein by reference. (See Appendix A.)
(h) Verification that applicable local, state, and federal permits and ap-
provals have been acquired by the applicant.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 21068, 21082.2, 42821 and 42832, Public Resources
Code, Sections 15002, 15064 and 15382, State CEQA Guidelines and Sections
65940 and 65941, Government Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency ; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsections (a)-(e) filed 4-2-96
pursuant to section 100, title 1, California Code ofRegulations (Register 96, No.
14).
10. Renumbering of former article 5 to article 4 and amendment of section filed
4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18432. Operation Plan.
(a) The Operation Plan, as required by 18431(b) shall demonstrate
conformance with the technical standards contained in 1 4 CCR, Division
7, Chapter 3, Article 5.5.
(b) The operator shall file amendments to the Operation Plan whenev-
er necessary to keep the information contained in it current.
NOTE: Authority cited: Secfions 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 41700, 42821 and 42832. Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New secdon refiled 5-29-92 as an emergency; operafive 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial con-ection of HISTORY 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adopfion of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code ofRegulations (Register 96, No.
14).
10. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18433. Emergency Response Plan.
(a) The operator of the waste tire facility shall maintain a copy of the
Emergency Response Plan at the facility. At the time of permit issuance
the approved Emergency Response Plan shall be forwarded to the local
fire authority by the permittee. The plan shall be revised as necessary to
reflect any changes in the operations of the waste tire facility or require-
ments of the local fire authority. The local fire authority and the Board
shall be notified of any changes to the plan within 30 days of the revision.
(b) The operator of the facility shall immediately notify the Board in
the event of a fire or other emergency if that emergency has potential sig-
nificant off-site effects. Within 30 days of any such emergency, the oper-
ator shall submit to the Board a written report describing the cause(s) of
the emergency, the results of actions taken, and an analysis of the success
or failure of these actions.
NOTE; Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
Page 806.38
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18441
•
•
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Change without regulatory effect amending subsection (a) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Reeister 96, No.
14).
10. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18434. Reduction/Elimination Plan.
(a) The operator of a major waste tire facility shall submit a detailed
plan and implementation schedule for the elimination or substantial re-
duction of existing tire piles pursuant to Public Resources Code section
42821(b).
NOTE; Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
§18435. Closure Plan.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operafive 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
of section transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
Article 5. Closure
§18440. Closure Commencement.
(a) The operator of a major or minor waste tire facility shall comply
with the requirements of section 18441 of this Article when closing the
waste tire facility.
(b) The operator of a major waste tire facility shall submit to the Board
for approval an updated Closure Plan (Part B), Form CJ WMB 504 (9/02)
as specified in section 18442 of this Article, at least 120 days prior to the
anticipated closure of the site. This time period shall not apply to facilities
required to close in accordance with subsection (e).
(c) The operator of a major waste tire facility shall receive approval in
writing from the Board of the updated Closure Plan, prior to beginning
closure of the site.
(d) Operators of minor waste tire facilities shall receive written ap-
proval from the Board concerning the final planned disposition of waste
tires prior to commencing closure. Approval shall be based upon the cri-
teria in section 18441(a)(3) of this Article.
(e) The operator of a major or minor waste tire facility shall cease to
accept waste tires and shall immediately begin closure of the site in com-
pliance with any closure conditions established in the permit and these
regulations, and shall notify the Board in writing upon commencement,
after receiving written approval from the Board in accordance with sub-
sections (c) and (d), if:
(1) The waste tire facility permit expires and renewal of the permit is
not applied for, or it is revoked or denied; or
(2) A Board order to cease operation is issued; or
(3) The operator is unable to comply with the Articles in this Chapter
or Article 5.5 of Chapter 3.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Renumbering of former article 6 to article 5 and amendment of subsection (b)
filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 1 8441 . Closure Conditions.
(a) In closing the waste tire facility, the operator shall:
(1) Close public access to the waste tire facility;
(2) Post a notice at the entrance indicating to the public that the site is
closed and the location of a site where waste tires can be deposited;
(3) Remove all waste tires and tire residues in accordance with Article
8.5 of this Chapter to a destination facility(s) approved by the Board in
the Closure Plan. Board approval of destination facilities, within the
state, shall be based on the following criteria:
(A) Destination facilities eligible for approval by the Board shall use
one or more of the methods delineated in Public Resources Code section
42821(b). If waste tires are transported first to a collection facility, the
operator of the closing facility shall provide documentation to the Board
Page 806.39
Register 2003, No. 14; 4-4-2003
§ 18442
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
that the waste tires shall be transported from the collection facility to a
destination facility approved by the Board within 90 days of receipt of
each shipment of waste tires from the closing facility.
(B) A Collection or destination facility shall meet the requirements of
subsection (A), and the requirements associated with any of the follow-
ing facility types:
(i) the facility is a solid waste disposal facility permitted in accordance
with section 18420(a) of Article 1; or
(ii) the facility is a major or minor waste tire facility permitted under
this Chapter; or
(iii) the facility meets at least one of the requirements of section
18420(a)(2) and (4)-(6) of Article 1 and it meets the requirements of sec-
tion J8420(b) of Article 1.
(4) Remove any debris to a recycling facility or a permitted solid waste
disposal site; and
(5) Notify the Board when the closure activities are completed and the
site is ready for inspection, and furnish the Board with manifests and
trucking receipts or other documentation that tires and tire residues have
been removed from the site and disposed of properly.
(b) After receiving notification that site closure is complete, the Board
may inspect the site. If all procedures have been completed in accordance
with these regulations, and the waste tires have been transported to an ap-
proved destination facility if the waste tires were first transported to a col-
lection facility as specified in section 18441(a) of this Article, the Board
shall approve the closure of a major waste tire facility in writing.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1 . New section tiled 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiied 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiied 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiied 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 1 0-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsections (a)(3)-(a)(3)(B)(i), (a)(3)(B)(iii) and (a)(5) filed
4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18442. Closure Plan.
Note-. Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1. New section filed 11-3-93; operative 11-3-93 (Register 93, No. 45).
2. Repealer filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 6.
Inspection of Waste Tire
Facilities
§18443. Inspection.
(a) The Board and/or the Enforcement Agency (EA) for the jurisdic-
tion in which the waste tire facility is located shall inspect waste tire faci-
lities for compliance with the applicable waste tire storage and disposal
standards and any terms and conditions specified in the waste tire facility
permit.
(b) Prior to the initial issuance, renewal or revision of a major or minor
waste tire facility permit the Board or the EA shall inspect the facility.
After the issuance of a permit, a major waste tire facility shall be in-
spected by the EA at least once annually. Minor waste tire facilities shall
be inspected at least once every two and a half years.
(c) Reports of inspections conducted by the EA shall be submitted to
the Board within 30 days of the date of inspection. If the inspection iden-
tifies a violation of the permit that is an endangerment to public health,
safety or the environment, the EA shall file an inspection report within
7 days of the inspection.
(d) Upon presentation of proper credentials, the Board or an autho-
rized Board employee or agent, shall be allowed to enter the facility dur-
ing normal working hours to examine and copy books, papers, records,
or memoranda pertaining to the facility, and to conduct inspections and
investigations pertaining to the facility.
NOTE; Authority cited: Sections 40502, 42820, 42821, 42830 and 42832, Public
Resources Code. Reference: Sections 42825, 42834, 42835 and 42845, Public Re-
sources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiied 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiied 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction reinserting article 7 heading (Register 92, No. 40).
5. New section refiied 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 5 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
10. Renumbering of former article 7 to article 6 and amendment of section and
Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Article 7. Records
§ 18445. Record Keeping.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42820 and 42830, Public Resources Code.
History
1 . New secnon filed 2-10-92 as an emergency; operative 2-1 0-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiied 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operafion of law on the following
day.
3. New section refiied 9-28-92 as an emergency; operafive 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiied 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operafion of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
of secfion transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Renumbering of former article 8 to article 7 filed 4-1-2003; operative
5-1-2003 (Register 2003, No. 14).
•
•
Page 806.40
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
$ 18449
•
§ 18447. Retention of Records.
Copies of all records required to be kept under this Chapter shall be
retained by the operator for three (3) years at the place of business and
shall be made available at the site during normal business hours for in-
spection and photocopy by any representative of the Board or any indi-
vidual authorized by the Board.
NOTE: Authority cited: Sections 40502, 42820 and 42830. Public Resources
Code. Reference: Sections 42820, 42821, 42830 and 43832, Public Resources
Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Ceitificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93,''No. 45).
9. Amendment filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18448. Certification of Records.
(a) All records, summaries or reports submitted to the Board as re-
quired by this Chapter shall be signed by a person responsible for prepar-
ing and reviewing such documents as part of his or her duties in the regu-
lar course of business.
(b) Any person signing a document submitted under this Chapter shall
make the following certification:
I certify that this document and all attachments were prepared under
my direction or supervision. I have inquired of the person or persons who
manage the system or those persons directly responsible for gathering the
information, and certify that the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete.
NOTE: Authority cited: Sections 40502, 42820 and 42830, Public Resources
Code. Reference: Sections 42821 and 42832, Public Resources Code.
History
1 . New secfion filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section, with amendments to CIWMB 1 54, refiled 5-29-92 as an emergen-
cy; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must
be transmitted to OAL by 10-6-92 or emergency language will be repealed by
operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments of subsection (a) and repealer and adoption of forms transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect moving forms to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
10. Amendment of Note filed 4-1-2003; operative 5-1-2003 (Register 2003, No.
14).
Article 8.5. Waste Tire Hauler Registration
and Manifesting Requirements for Used and
Waste Tire Haulers, Retreaders, Used and
Waste Tire Generators, and Used and Waste
Tire End-Use Facilities
§18449. Scope.
(a) This Article specifies the procedures for waste tire hauler registra-
tion and tire manifest system requirements for waste tire haulers, retread-
ers, waste tire generators, and end-use facilities, including reporting and
documentation requirements.
(b) In addition to the regulations in this article, statutory provisions
contained in Sections 42950 through 42967 of the Public Resources
Code govern the Waste Tire Hauler Registration Program.
(c) This article contains different reporting provisions for retreaders
than for other waste tire haulers. However, the Board's new Comprehen-
sive Trip Log reporting system will apply the same provisions to retread-
ers as to other waste tire haulers. In order to provide a transition period
for retreaders, the existing provisions will continue to apply to retreaders
during the period of time that emergency Comprehensive Trip Log provi-
sions are in effect. However, upon the effective date of non-emergency
Comprehensive Trip Log provisions in this Article, the Retreader Trip
Log shall no longer be a valid CIWMB form and retreaders shall not be
required to comply with sections 18450(a)(12), (19), and (20),
18456.2.1, 18459.2.1(b), 18460.2.1, and 18461(a)(1). The three year re-
cord retention provision in sections 18459.3(b)(1) and 18462(b)(1) shall
continue to apply to retreaders.
NOTE: Authority cited: Secfions 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42950 et seq.. Public Resources Code.
History
1. New Article 8.5 (sections 18449-18462.2) and secfion filed 1-18-95 as an
emergency; operative 1-18-95 (Register 95, No. 3). A Certificate of Com-
pliance must be transmitted to OAL by 5-17-95 or emergency language will be
repealed by operafion of law on the following day.
2. New article 8.5 and secfion refiled 5-18-95 as an emergency; operative
5-1 8-95 (Register95, No. 20). A Certificate of Compliance must be transmitted
to OAL by 9-15-95 or emergency language will be repealed by operation of law
on the following day.
3. New article 8.5 and secfion refiled 8-21-95 as an emergency; operative
8-2 1-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted
to OAL by 12-19-95 or emergency language will be repealed by operation of
law on the following day.
4. New article 8.5 and secfion refiled 11-28-95 as an emergency; operative
1 1-28-95 (Register 95, No. 48). A Certificate of Compliance must be trans-
mitted to OAL by 3-27-96 or emergency language will be repealed by opera-
fion of law on the following day.
5. Certificate of Compliance as to 1-1 8-95 order including repealer and new sec-
fion heading, and amendment of section transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
6. Amendment of article heading, repealer and new subsection (a) and amendment
of subsecfion (b) filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of article heading and subsection (a) filed 8-23-2004 as an emer-
gency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Com-
pliance must be transmitted to OAL by 12-21-2004 or emergency language
will be repealed by operation of law on the following day.
8. Amendment of article heading and subsecfion (a) refiled 12-22-2004 as an
emergency; operafive 12-22-2004 (Register 2004, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-2 1-2005 or emergency language
will be repealed by operafion of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operafion of Government Code secfion 1 1346. 1(f) (Register 2005, No.
17).
10. Amendment of article heading and subsection (a) filed 4-25-2005 as an emer-
gency; operafive 4-25-2005 (Register 2005, No. 17). A Certificate of Com-
pliance must be transmitted to OAL by 8-23-2005 or emergency language will
be repealed by operafion of law on the following day.
1 1 . Amendment of article heading and subsecfion (a) filed 6-1 3-2005 as an emer-
gency; operafive 6-13-2005 (Register 2005, No. 24). A Certificate of Com-
pliance must be transmitted to OAL by 10-11-2005 or emergency language
will be repealed by operation of law on the following day.
Page 806.41
Register 2006, No. 29; 7-21-2006
§ 18450
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
12. Certificate of Compliance as to 4-25-2005 order, including new subsection
(c), transmitted to OAL 8-1 1-2005 and filed 9-22-2005 (Register 2005, No.
38).
13. Amendment of article heading and subsection (a) refiled 10-12-2005 as an
emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of
Compliance must be transmitted to OAL by 2-9-2006 or emergency language
will be repealed by operation of law on the following day.
14. Amendment of article heading and subsection (a) refiled 2-9-2006 as an emer-
gency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance
must be transmitted to OAL by 6-9-2006 or emergency language will be re-
pealed by operafion of law on the following day.
15. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§18450. Definitions.
(a) For the purposes of this Article, the definitions found in: Public Re-
sources Code Sections 42950-42967; and Chapter 3, Article 4.L of this
Division (commencing with Section 17225.701); and the following shall
apply;
(1) "Board" means the California Integrated Waste Management
Board.
(2) "Bond" means a surety bond issued by a California admitted insur-
ance carrier.
(3) "Business Name" means the name of the operation registered with
the local government of the State of California; the business license
name.
(4) "Calendar Year" means January 1 through December 31 of any
year.
(5) "CIWMB" means the California Integrated Waste Management
Board.
(6) "Civil Penalty" means a fine assessed as a result of a violation of
an applicable provision.
(7) "Collection Center" See Facility.
(8) "Commingled" means inextricably mixed together, in that the
waste components cannot be economically or practically separated.
(9) "Comprehensive Trip Log" means the California Uniform Waste
and Used Tire Manifest System form developed by the Board pursuant
to Public Resources Code, section 42961.5. The Comprehensive Trip
Log is attached hereto as Appendix A (CIWMB 203, 03/05) and incorpo-
rated by reference herein.
(10) "Electronic report" means electronic submittal of manifest in-
formation to the CIWMB by means of Electronic Data Transfer or Web-
based data entry in accordance with the requirements set forth in
§ 18459.1.2.
(11) "EDT Form" means a paper reporting form, approved by the
Board, that is used by the hauler or responsible party for reporting mani-
fest information in lieu of the required Comprehensive Trip Log. The
EDT Form will contain the information required on the Comprehensive
Trip Log.
(12) "End-Use Facility" means the facility where used or waste tires
are unloaded.
(13) "Facility" means a waste tire facility, as defined in Public Re-
sources Code Section 42808, a landfill authorized pursuant to Public Re-
sources Code Section 42866, a facility authorized to accept used or waste
tires pursuant to a state or local agency permit, or a facility which lawful-
ly accepts used or waste tires as authorized under Title 14, Section 1 8420.
(14) "Incidental Revenue" means 10% or less of total annual revenue
for purposes of Public Resources Code Section 42954(a)(7).
(15) "Invoice" means a document provided by a Retreader that con-
tains the date of the transaction, the name of the customer and address,
the Tire Program Identification Number of the generator or end use facil-
ity, the name of the retreader and address, the quantity of tire casings
shipped.
(16) "Load" means a single transaction (a pick up or delivery) of used
or waste tires between the hauler and generator or the hauler and end-use
facility. There may be one or more loads on a trip.
(17) "Local Government" means a county, city, city and county, spe-
cial district, joint powers agency or other political subdivision of the
state.
(18) "Manifest Form" means the California Uniform Waste and Used
Tire Manifest Form developed by the Board that shall be completed by
the waste tire hauler, waste tire generator, or facility, which shall accom-
pany each shipment of used or waste tires. The Manifest Form is attached
hereto as Appendix A (Form #647, 01/03) and incorporated by reference
herein.
(1 9) "New Tire Adjustment" means return or replacement of a new tire
that is defective or damaged.
(20) "Person" includes an individual, sole proprietorship, co-partner-
ship, Limited Liability Company, corporation, political subdivision,
government agency, or municipality.
(21) "Place of Business" means the actual physical location where
waste or used tires are picked up from, delivered to, or stored.
(22) "Registered Vehicle Owner" means the person in whom title is
vested and/or to whom the vehicle is registered with the Department of
Motor Vehicles for any jurisdiction, domestic and foreign, in which the
vehicle is registered.
(23) "Retreader" means a business, person, entity, individual, sole
proprietorship, co-partnership, Limited Liability Company, corpora-
tion, who is in the business of retreading or recapping tire casings for re-
use. The Retreader shall have a Manufacturer 3-Digit Identification is-
sued by the United States Department of Transportation pursuant to Title
49, Code of Federal Regulations, § 574.5. A completed original form
CIWMB 173 (4/04) "Retreader Self-Certification" which is attached
hereto as Appendix A (CIWMB 1 73, 4/04) and incorporated by reference
herein shall be completed by the Registered Waste Tire Hauler before be-
ing deemed by CIWMB to be a self-certified retreader. Notwithstanding
provisions of the manifesting requirements, the Retreader is a registered
waste tire hauler and shall comply with all waste tire hauler requirements.
(24) "Retreader Trip Log" means the California Retreader Trip Log
developed by the Board that shall be completed by the Retreader and
shall accompany the tire casings during shipment for inspection, retread-
ing or recapping. For the purposes of the Retreader Trip Log, this form
shall only be used during the shipment of tire casings from the generator
to the Retreading facility and on the return trip back to the generator, and
the ownership of the tire casing(s) shall not change during either ship-
ment. The Retreader Trip log meets the intent of Pubhc Resources Code,
section 42961.5 and is attached hereto as Appendix A (CIWMB 180,
03/04) and incorporated by reference herein.
(25) "Revenue" is annual net income earned.
(26) "Tire casing" is the carcass of a reusable tire that after inspection
can be retreaded or recapped by a Retreader.
(27) "Tire Trip Log" means the California Uniform Waste and Used
Tire Trip Log developed by the Board that shall be completed by the
waste tire hauler and shall accompany the waste tire hauler for each ship-
ment of used or waste tires. The Tire Trip log is attached hereto as Appen-
dix A (Form #648, 01/03) and incorporated by reference herein.
(28) "Trip" means the hauling of waste or used tires that begins with
a waste tire hauler's first pick-up of used or waste tires from a generator
and ends with the hauler's last delivery of used or waste tires to an end-
use facility, but in no case shall a trip exceed five (5) consecutive days.
(29) "Unregistered Hauler & Comprehensive Trip Log Substitution
Form" is the form to be completed by the generator and end use facility
pursuant to the requirements set forth in §§ 18461(b) and 18462(c). The
Unregistered Hauler & Comprehensive Trip Log Substitution Form is at-
tached hereto as Appendix A (CIWMB 204, 03/05) and incorporated by
reference herein.
(30) "Used and Waste Tire Generator" means any person who pro-
vides used or waste tires to a waste tire hauler; including, but not limited
to auto dismantlers and automotive fleet service centers.
(31) "Vehicle Description" includes the year, the model, the make of
the vehicle, Vehicle Identification Number as defined in California Ve-
Page 806.42
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18451
hide Code Section 671, and Vehicle License Plate Number, including
stale of issuance, as defined in California Vehicle Code Section 4850(a).
(32) "Waste Tire Hauler Decal" is a decal issued by the Board, printed
on specially prepared paper with a unique number, for affixing to the low-
er right hand corner of the windshield.
(33) "Waste Tire Hauler Registration" means the documents, includ-
ing the decal and registration form, issued by the Board, which authorizes
the holder of the documents to legally haul waste tires within California
for the period of issuance.
(34) "Waste Tire Manifest System" means the California Uniform
Waste and Used Tire Manifest System which includes the Comprehen-
sive Trip Log, Retreader Trip Log, Manifest, and Tire Trip Log forms de-
veloped by the Board and all procedures and regulations applicable to the
transportation of the used or waste tires from point of origin to final desti-
nation of the used or waste tires.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 4295 1 , 42952, 42954, 42955, 42956, 42958 and
42961.5, Public Resources Code.
History
1 . New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transinitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21 -95 (Register 95,
No. 34). A Certificate of Compliance must be transinitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96. No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. New subsections (a)(12), (a)(19), (a)(20) and (a)(22) and subsection renumber-
ing filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004,
No. 35). A Certificate of Compliance must be transmitted to OAL by
12-21-2004 or emergency language will be repealed by operation of law on the
following day.
8. Refiling of 8-23-2004 emergency, including new Appendix A, 12-22-2004 as
an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-21-2005 or emergency language
will be repealed by operafion of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2005, No.
17).
10. New subsections (a)(12), (a)(19), (a)(20) and (a)(22), subsection renumbering
and new Appendix A filed 4-25-2005 as an emergency; operative 4-25-2005
(Register 2005, No. 17). A Certificate of Compliance must be transmitted to
OAL by 8-23-2005 or emergency language will be repealed by operafion of
law on the following day.
11. Editorial con-ectionrelocafing forms CIWMB 173andCIWMB 180 from sec-
tion 18450 to secuon 18831, Appendix A (Register 2005, No. 24).
12. New subsections (a)(9)-(a)(l 1), (a)(21) and (a)(29), subsection relettering and
amendment of newly designated subsections (a)(I8), (a)(23), (a)(24), (a)(26),
(a)(30) and (a)(34) filed 6-13-2005 as an emergency; operative 6-13-2005
(Register 2005, No. 24). A Certificate of Compliance must be transmitted to
OAL by 1 0-1 1-2005 or emergency language will be repealed by operation of
law on the following day.
13. Certificate of Compliance as to 4-25-2005 order, including amendment of
subsections (a)(15), (a)(19) and (a)(26), transmitted to OAL 8-11-2005 and
filed 9-22-2005 (Register 2005, No. 38).
14. New subsections (a)(9)-(a)(l 1), (a)(21) and (a)(29), subsection relettering and
amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26),
(a)(30) and (a)(34) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operafion of law on the following day,
15. New subsections (a)(9)-(a)(l 1), (a)(21) and (a)(29), subsection relettering and
amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26),
(a)(30) and (a)(34) refiled 2-9-2006 as an emergency; operative 2-9-2006
(Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-9-2006 or emergency language will be repealed by operation of law on
the following day.
1 6. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 1 8451 . Applicability of These Regulations.
(a) Waste tire haulers, retreaders, waste tire generators, and end-use
facilities shall comply with these regulations, unless exempted by Sec-
tion 42954 of the Public Resources Code and applicable procedures set
forth in Sections 18453-18453.2.
(b) The return of new tire adjustments to the wholesale distributor or
manufacturer under "warranty consideration" is not considered used or
waste tire hauling for the purposes, implementation, and enforcement of
this Article. The person transporting the tires must have in the vehicle
documentation substantiating that the tires are being returned for "war-
ranty consideration." Lack of documentation or false information will
subject the transporter to enforcement and penalties under this Article.
(c) "Tire Derived Product" being transported from the processing fa-
cility to the end-use facility is not considered used or waste tire hauling
for the purposes, implementation, and enforcement of this Chapter. The
hauler shall have a copy of the letter issued by the Board to the processing
facility stating that the material is "Tire Derived Product" and a bill of
lading accompanying the load. The letter and bill of lading shall be car-
ried in the vehicle while transporting the "Tire Derived Product" from the
processing facility to the end-use facility. Lack of documentation or false
information will subject the transporter to enforcement and penalties un-
der this Chapter.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42951, 42952, 42953 and 42954, Public Resources
Code.
History
1. New section filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Comphance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
heading and section transinitted to OAL 3-29-96 and filed 5-9-96 (Register 96,
No. 19).
6. New subsections (b)-(b)(6) filed 9-10-96; operative 9-10-96 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 96, No. 37).
7. Amendment of secfion heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
8. Amendment of subsection (a) filed 8-23-2004 as an emergency; operative
8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be trans-
mitted to OAL by 12-21-2004 or emergency language will be repealed by op-
eration of law on the following day.
9. Amendment of subsecfion (a) refiled 12-22-2004 as an emergency; operative
12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-21-2005 or emergency language will be repealed by
operation of law on the following day.
1 0. Reinstatement of secfion as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code section 1 1346.1(1) (Register 2005, No.
17).
11. Amendment of subsection (a) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 1 7). A Certificate of Compliance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
tion of law on the following day.
12. Amendment of subsection (a) filed 6-13-2005 as an emergency; operative
6-1 3-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
eration of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsection (a) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
u-ansmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
15. Amendment of subsection (a) refiled 2-9-2006 as an emergency; operative
2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-9-2006 or emergency language will be repealed by opera-
tion of law on the following day.
Page 806.43
Register 2006, No. 47; 11-24-2006
§ 18452
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
16. Cenificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 18452. Exemptions from Registration As a Waste Tire
Hauler.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42954, Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of secfion
heading and subsections (a), (a)(3), (a)(4), and (b) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§ 18453. Exemption Certification for Agricultural Purposes
or Common Carrier Hauling Used or Waste
Tires on a Return Trip.
(a) A person wishing to qualify for an exemption from waste tire hauler
registration under Public Resources Code Section 42954(a)(5) and
42954(a)(6) shall certify in writing to the Board under penalty of peijury
that they qualify for an exemption from registration as a waste tire hauler
for agricultural purposes or under the common carrier exemption. This
certification shall contain the following information:
(J) The name of the individual and/or business.
(2) The mailing address for the individual and/or business.
(3) The name of the contact person.
(4) The telephone number of the contact person.
(5) The number of vehicles used.
(6) The description of the business operation.
(7) A certification statement by the operator as follows: "The under-
signed certifies under penalty of perjury under the laws of the State of
California that the information provided herein is true and correct."
(8) The name and signature of the authorized agent on behalf of the
business.
(9) The date of certification.
(b) Upon receipt of the certification letter, the Board will notify the
applicant within 30 days if the certification for exemption is either:
(1) incomplete, and if so, what specific information is required.
(2) granted
(3) denied, and if so, the reason(s) for denial.
(c) If the agricultural purposes exemption or common carrier exemp-
tion is granted, the Board shall issue a non-transferable exemption docu-
ment to be carried in the vehicle(s) used to transport the used or waste
tires.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42954, Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including amendment of section
heading and Note transmitted to OAL 3-29-96 and filed 5-9-96 (Resister 96,
No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22l.
7. Amendment of subsection (a) filed 7-21-2004; operative 7-21-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 30).
8. Editorial correction restoring inadvertently omitted section (Register 2006, No.
47).
§ 1 8453.1 . Cost to Receive an Exemption from Waste Tire
Hauler Registration.
No fee is to be paid to the Board to certify an exemption from waste
tire hauler registration.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42954, Public Resources Code.
History
1 . New section filed 1-1 8-95 as an emergency; operative 1-1 8-95 (Register 95.
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-1 5-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including amendment of section
heading and section transmitted to OAL 3-29-96 and filed 5-9-96 (Register96,
No. 19).
6. Amendment of secfion heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. Editorial correction restoring inadvertently omitted section (Register 2006, No.
46).
§ 18453.2. Valid Exemption Period and Renewal.
(a) An exemption as described under Public Resources Code Section
42954(a)(5) and 42954(a)(6) shall be valid from the date of approval to
January 1 of the following year provided that the information in the certi-
fication letter relied upon to qualify for the exemption remains un-
changed.
(b) A person wishing to continue to qualify for an exemption from
waste tire hauler registration under Section 42954(a)(5) and (a)(6) of the
Public Resources Code shall re-certify to the Board on an annual basis,
and in accordance with the requirements in Section 18453.
(c) All exemption certifications must be submitted 45 days prior to the
expiration date. Renewed exemptions are valid for one calendar year,
January 1 to January 1 of the following year.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfion 42954, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-2 1 -95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Comphance as to 1-18-95 order including amendment of section
heading and newly designated subsection (a), and new subsections (b) and (c)
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
Page 806.44
Register 2006, No. 47; 11-24-2006
Title 14
California Integrated Waste Management Board
§ 18454
6. Amendment filed 5-28-2003: operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsections (a)-(b) filed 7-21-2004; operative 7-21-2004 pur-
suant to Government Code section ) 1343.4 (Register 2004, No. 30).
8. Amendment of subsection (b) filed 6-13-2005 as an emergency; operative
6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
eration of law on the following day.
9. Amendment of subsection (b) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
10. Amendment of subsection (b) refiled 2-9-2006 as an emergency; operative
2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-9-2006 or emergency language will be repealed by opera-
tion of law on the following day.
1 1 . Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 18453.3. When Should an Exemption Be Renewed?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42954, Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18454. Waste Tire Hauler Initial Registration.
(a) Any person hauling 10 or more used or waste tires shall apply for
a waste tire hauler registration, unless exempt pursuant to Section 1845 1 ,
by submitting to the Board a completed original form CIWMB 60 (3/06)
"Waste Tire Hauler Registration Application," which is attached hereto
as Appendix A (Form #60, 3/06) and incorporated by reference herein
and form CIWMB 61 "Waste Tire Hauler Bond" (2/02). which is at-
tached hereto as Appendix A (Form #61, 2/02) and incorporated by refer-
ence herein.
(1) For purposes of F*ublic Resources Code Section 42960. it is pre-
sumed that any person transporting used or waste tires under a valid reg-
istration issued by the Board is an agent of the registered waste tire haul-
er.
(b) An application may be submitted at any time.
(c) The initial waste tire hauler registration is valid form the date of is-
suance to January 1 of the following year.
(d) The waste tire hauler is not authorized to haul used or waste tires
after the January 1 expiration date unless the waste tire hauler has applied
to renew the waste tire hauler registration prior to expiration and has re-
ceived the Board issued renewal registration card(s) and vehicle decal(s).
(e) There is no fee paid to the Board to apply for an initial waste tire
hauler registration.
(f) The registration care and/or decal issued to a specific vehicle shall
not be used for any vehicle not listed by the registered hauler.
(g) A used and waste tire hauler registration is not transferable by the
person to whom it was issued to any other person.
[The next page is 806.45.]
Page 806.44(a)
Register 2006, No. 47; 11-24-2006
Title 14
California Integrated Waste Management Board
§ 18455
NOTE: Authority cited: Sections 40502, 42966 and 43020. Public Resources
Code. Reference: Sections 42951 , 42952, 42954, 42955, 42956 and 42958. Public
Flesources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New .section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-2 1-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
heading, repealer of section and new section transmitted to OAL 3-29-96 and
filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. Change without regulatory effect amending subsection (a) filed 4-1 1-2006 pur-
suant to section 100, title 1, California Code of Regulations (Register 2006, No.
15).
§ 1 8454.1 . Who Must Obtain an Initial Waste Tire Hauler
Registration?
NOTE: Authority cited: Secfions 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 4295 1, 42952, 42954, 42955, 42956 and 42958, Public
Resources Code.
History
L New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11 -28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of CompUance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18454.2. When Should I Obtain an Initial Waste Tire
Hauler Registration?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of secfion
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8454.3. How Long Is the Initial Waste Tire Hauler
Registration Valid?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Section 42958, Public Resources Code.
History
1 . New secfion filed 1-18-95 as an emergency; operafive 1-1 8-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operafive 5-1 8-95 (Register 95.
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Cerfificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18454.4. How Do I Obtain an Initial Waste Tire Hauler
Registration?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42955 and 42956, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Change without regulatory effect amending section filed 4-2-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8454.5. Are There any Costs for the Initial Waste Tire
Hauler Registration?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42955 and 42956, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Cerfificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of secfion
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18455. Waste Tire Hauler Renewal Registration.
(a) Any person may apply for renewal of a waste tire hauler registra-
tion by submitting to the Board a new completed form CIWMB 60. If the
waste tire hauler bond has expired or has been cancelled, a new bond
must also be submitted with the renewal application.
Page 806.45
Register 2006, No. 29; 7-21-2006
§ 18455.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(b) All renewed waste tire hauler registrations expire annually on Jan-
uary 1.
(c) All waste tire haulers who wish to continue to operate as waste tire
haulers shall submit application for a renewed waste tire hauler registra-
tion to be received by the Board no later then 45 days prior to the January
1 expiration date.
(d) The waste tire hauler is not authorized to haul used or waste tires
after the January 1 expiration date unless the waste tire hauler has applied
to renew the waste tire hauler registration prior to expiration and has re-
ceived Board issued renewal registration card(s) and vehicle decal(s).
(e) There is no fee paid to the Board to apply for a renewed waste tire
hauler registration.
(f) The registration card and/or decal issued to a specific vehicle shall
not be used for any vehicle not listed by the registered hauler.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including amendment of section
heading, repealer of secfion and new secfion transmitted to OAL 3-29-96 and
filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§ 1 8455.1 . How do I Renew the Waste Tire Hauler
Registration?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operauon of law on the fol-
lowing day.
5. Change without regulatory effect amending subsection (a) filed 4-2-96 pur-
suant to section 100, dtle 1, California Code of Regulations (Register 96, No.
14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18455.2. When Should I Renew a Waste Tire Hauler
Registration?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance m'ust be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8455.3. Are There any Costs for Renewal of the Waste
Tire Hauler Registration?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code.
History
1 . New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-1 5-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Cerfificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18456. Waste Tire Hauler Registration Application and
Retreader Self-Certification Form.
(a) Copies of form CIWMB 60 and 61 and form CIWMB 173 can be
obtained by contacting the California Integrated Waste Management
Board, Special Waste Division, Hauler & Manifest Program, P.O. Box
4025, Sacramento, CA 95812, or accessing the California Integrated
Waste Management Board website located at www.ciwmb.ca.gov/
Tires/.
NOTE: Authority cited: Sections 40502. 42966 and 43020, Public Resources
Code. Reference: Secfions 42951, 42952, 42954, 42955, 42956 and 42958, Public
Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
heading, repealer of secfion, renumbering and amendment of former section
18456.1 to subsecfion (a), new subsecfion (b), renumbering and amendment of
former section 18456.2 (a) through (a)(i) to subsection (c) through (c)9. and
amendment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register
96, No. 19).
6. Amendment of secfion heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. Amendment of subsecfion (a) filed 8-23-2004 as an emergency; operafive
8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be trans-
mitted to OAL by 12-21-2004 or emergency language will be repealed by op-
eration of law on the following day.
8. Amendment of subsecfion (a) refiled 12-22-2004 as an emergency; operative
12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
Page 806.46
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18456.2.1
transmitted to OAL by 4-21-2005 or emergency language will be repealed by
operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code section 1 1346. 1(f) (Register 2005, No.
17).
10. Amendment of subsection (a) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 1 7). A Certificate of Compliance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
tion of law on the following day.
1 1. Amendment of section heading and section filed 6-13-2005 as an emergency:
operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operation of law on the following day.
12. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
13. Amendment of section heading and section refiled 10-12-2005 as an emer-
gency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Com-
pliance must be transmitted to OAL by 2-9-2006 or emergency language will
be repealed by operation of law on the following day.
1 4. Amendment of section heading and section refiled 2-9-2006 as an emergency;
operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operation of law on the following day.
15. Change without regulatory effect amending section filed 4-1 1-2006 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2006, No. 15).
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 1 8456.1 . Waste Tire Hauler Surety Bond Application
Process.
(a) The initial application shall be accompanied by an original surety
bond in the amount of $10,000 on behalf of the business owner in favor
of the State of California ("surety bond"). The surety bond shall be com-
pleted by the insurance agent or bonding agent on form CIWMB 61
"Waste Tire Hauler Bond" (2/02), which is incorporated herein by refer-
ence. The surety bond shall be issued in the business name of the business
owner as it appears on the application for registration as a waste tire haul-
er. The surety bond must be signed by a representative of the applicant.
(b) The surety bond shall remain in full force and effect during all reg-
istration periods. Failure to maintain an adequate bond pursuant to Public
Resources Code 42955(d), shall result in automatic cancellation of the
waste tire hauler registration. The cancelled registration may be rein-
stated by the Board when a new surety bond is posted.
(c) The surety company shall be licensed by the California Department
of Insurance to transact the business of surety bonding in the State of Cal-
ifornia as an admitted insurance carrier.
(d) If coverage is not available as specified in (c) above, the waste tire
hauler may seek coverage by a surety which, at a minimum, shall be eligi-
ble to provide surety bonds as an excess or surplus lines surety in Califor-
nia.
(e) If coverage is obtained as described in section (d), the surety shall
be transacted by and through a surplus line broker currently licensed un-
der the regulations of the California Department of Insurance and upon
the terms and conditions prescribed in the California Insurance Code
(CIC), Division 1, Part 2, Chapter 6.
(t) The Board or its designee may reasonably object to the use of any
surety at anytime, whether before or after placement of coverage based
on information obtained from, but not limited to, the Surplus Line Asso-
ciation of California, Best's Insurance Reports, and/or the Non-Ad-
mitted Insurers Quarterly List.
(g) The surety company shall become liable under the terms of the
bond if the Board determines that the waste tire hauler has failed to com-
ply with the provisions of Public Resources Code Section 42950 et. seq.
or these regulations. The registered waste tire hauler is jointly and sever-
ally liable for the bond amount and any penalties, clean-up costs, or judg-
ments resulting from hauling activities in violation of the Public Re-
sources Code that exceed the bond amount.
Note-. Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955 and 42958, Public Resources
Code.
History
1 . New section filed 1-1 8-95 as an emergency; operative 1-1 8-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including repealer and new sec-
tion heading, movement of former section text to section 1 8456(a), renumber-
ing and amendment of former section 1 8456.2(b) and (c) to section 18456.1 (a)
and (b), renumbering and amendment of former section 1 8456.4 (a) through (f)
to section 18456. 1 (c) through (h) and amendment of Note transmitted to OAL
3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§ 18456.2. Waste Tire Hauler Registration Process.
(a) The Board shall inform an applicant in writing within 30 days from
the date of receipt that the application is any of the following:
(1) incomplete and what specific information is required to complete
the application;
(2) complete and approved with registration documents and vehicle
decals;
(3) denied and the reason(s) for denial pursuant to the Public Re-
sources Code Section 42960.
(b) Upon approval of the initial or renewal application, the Board will
provide proof of registration in the form of decals and registration cards
to the waste tire hauler. The Board will issue a waste tire hauler registra-
tion card and decal for each vehicle identified in the application. The reg-
istration card shall be carried in the corresponding vehicle. The decal
shall be permanently affixed to the lower right hand comer of the wind-
shield.
(c) Registration cards and decals are not tratisferable from vehicle to
vehicle. They shall be present in the vehicle to which they were issued.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections42951, 42952, 42955, 42958, 42959, and 42961, Public
Resources Code.
History
1 . New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operaUve 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-1 5-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Change without regulatory effect amending subsections (a) and (b) filed
4-2-96 pursuant to section 100, title 1, California Code of Regulafions (Regis-
ter 96, No. 14).
6. Certificate of Compliance as to 1-1 8-95 order including repealer and new sec-
tion heading, renumbering of former subsections (a) through (a)(i) to section
1 8456(c) through (c)(9), renumbering of former subsections (b) and (c) to sec-
fion 18456.1(a) and (b), renumbering and amendment of former section
18456.6 to section 18456.2, new subsections (d) and (e) and amendment of
Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section heading and secfion filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
§ 1 8456.2.1 . Retreader Self-Certification Process.
(a) The Board shall inform the applicant for retreader self-certifica-
tion in writing within 30 days from the date of receipt of the Retreader
Self-Certificafion form of the following:
Page 806.47
Register 2006, No. 29; 7-21-2006
§ 18456.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(1) Whether the Self-Certification Form is complete;
(2) If the Board determines that the SeJf-Certification Form is incom-
plete, the Board shall inform the applicant what specific information is
required to complete the Certification Form;
(b) Upon a Board determination that the Retreader Self-Certification
is valid and complete, the Board will provide proof of Retreader Self-
Certification in the form of decals and specifically designed Retreader
registration cards to the Retreader for those vehicles either owned or
leased by the retreader. The Board will issue a specifically designed Re-
treader registration card and decal for each vehicle identified by the Re-
treader. The Retreader registration card shall be carried in the corre-
sponding vehicle. The decal shall be permanently affixed to the lower
right hand comer of the windshield.
(c) Registration cards and decals are not transferable from vehicle to
vehicle. They shall be present in the vehicle to which they were issued.
(d) If the Board determines at any time that the information in the Self-
Certification Form is false, then the Board will deem the Self-Certifica-
tion Form to be invalid, and will notify the applicant. In addition, the
Board will determine whether an enforcement action is necessary.
(e) Upon invalidation of the Retreader self-certification, the Retreader
shall immediately return all unused Retreader Trip Logs and Retreader
registration card(s) for each vehicle registered under the Retreader' s
Registration to the Board.
(f) If the Retreader Self-Certification is invalidated, the Retreader
shall not transport any tire casings unless in possession of a Comprehen-
sive Trip Log (CIWMB 203) or tire trip log (CIWMB 648) and accompa-
nying manifest (CIWMB 647) in accordance with Section 18459 require-
ments set forth for the waste tire hauler.
(g) If the Self-Certification is deemed invalid, any hauhng of tire cas-
ings not in accordance with Subsection (f) will be a cause for denial, sus-
pension, or revocation of the Waste Tire Hauler Registration.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 , 42952, 42955, 42958, 42960 and 42961 , Public
Resources Code.
History
1 . New section filed 8-23-2004 as an emergency; operative 8-23-2004 (Register
2004, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-2 1-2004 or emergency language will be repealed by operation of law on the
following day.
2. New section refi led 12-22-2004 as an emergency; operative 12-22-2004 (Reg-
ister 2004, No. 52). A Certificate of Compliance must be transmitted to OAL
by 4-21-2005 or emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation of Government Code section 11346.1 (g) (Register 2005,
No. 17).
4. New section filed 4-25-2005 as an emergency; operative 4-25-2005 (Register
2005, No. 17). A Certificate of Compliance must be transmitted to OAL by
8-23-2005 or emergency language will be repealed by operation of law on the
following day.
5. Amendment of subsection (f) filed 6-13-2005 as an emergency; operative
6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
7. Amendment of subsection (f) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
8. Amendment of subsection (f) refiled 2-9-2006 as an emergency; operative
2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-9-2006 or emergency language will be repealed by opera-
tion of law on the following day.
9. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 18456.3. Changes in Information Provided or Lost
Registration Documents.
(a) The waste tire hauler shall file a supplemental application to add
or remove vehicle(s) on form CIWMB 60. The application shall be filed
and approved by the Board before a vehicle is allowed to haul used or
waste tires.
(b) The Board shall inform the applicant in writing within 30 days that
the application for an added vehicle is any of the following:
(1) incomplete and what specific information is required to complete
the application;
(2) complete with registration document(s) and vehicle decal(s).
(3) denied and the reason(s) for denial.
(c) In the event of a change in ownership of the waste tire hauler busi-
ness:
(1) The owner shall notify the Board in writing 45 days prior to the
change in ownership.
(2) The new owner shall apply for and obtain a waste tire hauler regis-
tration in accordance with Section 18454.
(3) The new owner may begin hauling used or waste tires when he/she
has received the registration documents and vehicle decal(s) from the
Board.
(4) The Board will process the change in ownership in accordance with
Section 18456.2.
(5) Registrations are nontransferable.
(d) Every registered waste tire hauler shall notify the Board in writing
of any change in mailing address or phone number. Notice shall be given
no more than ten (10) days after the change. The waste tire hauler shall
inform the Board of the prior mailing address or phone number, the new
mailing address and phone number, and the effective date of the change
by mailing a letter to the California Integrated Waste Management
Board, Special Waste Division, Hauler & Manifest Program, P.O. Box
4025, Sacramento, CA 95812.
(e) The registered waste tire hauler shall submit a renewal application
for any vehicle(s) for which decal(s) or registration(s) documents were
lost. The Board will process the application as a renewal application un-
der Section 18456.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency ; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). ACertificateof Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operafive 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer and new sec-
tion heading, renumbering and amendment of former sections 18456.9,
18456.10, 18456.11, 18456.12 and 18456.13 to section 18456.3 and amend-
ment of Note transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No.
19).
6. Amendment of secfion heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. Change without regulatory effect amending subsecfion (d) filed 4-1 1-2006 pur-
suant to section 100, title 1, California Code of Regulafions (Register 2006, No.
15).
§ 18456.4. Temporary Registration of Alternate Vehicles.
(a) Upon request, the Board may issue a single temporary registration
certificate, specifically assigned to that registered waste tire hauler, once
the Board has deemed a new waste tire hauler application complete or at
the time of the yearly renewal. This certificate, for the use of a temporary
vehicle, shall bear the hauler's company name, address, registration
number, unique decal number, and the year the certificate is valid.
(b) The certificate shall be shown upon demand to any representative
of the Board, any officer of the California Highway Patrol, any peace of-
ficer, as defined in section 830.1 or 830.2 of the California Penal Code,
or any local public officer designated by the Board.
Page 806.48
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18456.10
•
(c) The registered waste tire hauler shall notify the Board in writing
within two (2) calendar days of when the temporary registration certifi-
cate is used. Written notification shall contain the following information:
(1) Company name
(2) Inoperable vehicle license plate number, if applicable
(3) Inoperable vehicle assigned decal number, if applicable
(4) Period of time required for temporary registration
(5) Reason for temporary use
(6) Temporary vehicle license plate number
(7) Make/model of the temporary vehicle
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1 . New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22). For
prior history, see Register 96, No. 19.
2. Amendment of subsection (a) filed 7-21-2004; operative 7-21-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 30).
§ 1 8456.6. What will the Board do with the Initial Waste
Tire Hauler Registration Application Once it is
Submitted for Review?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 4295 1, 42952, 42955, 42958, 42959 and 42961, Public
Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Comphance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 18456.6 to section 18456.2 transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 1 8456.7. What will the board do with the Waste Tire
Hauler Registration Renewal Application Once
it is Submitted for Review?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public
Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Comphance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8456.8. When the Waste Tire Hauler Registration
Application is Approved, What Documents Will
be Provided to Me?
NOTE: Authority cited: Sections 40502, 42966 and 43020. Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Comphance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18456.9. If an Applicant Wishes to Obtain Registration
for an Additional Vehicle, Does a New
Application Need to be Submitted?
NoTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 4295 1 , 42952, 42955, 42956, 42958, 42959 and 42961 ,
Public Resources Code.
History
1 . New section filed 1-1 8-95 as an emergency; operafive 1-1 8-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secdon refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Change without regulatory effect amending first paragraph filed 4-2-96 pur-
suant to section 100, fitle 1, Cahfomia Code of Regulafions (Register 96, No.
14).
6. Certificateof Compliance as to 1-18-95 order including renumbering of former
section 18456.9 to section 18456.3 (a) through (c) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§ 18456.10. If a Registered Vehicle has been Sold or is no
Longer Used for Waste Tire Hauling, Must I
Inform the Board?
NOTE: Authority cited: Secfions 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 4295 1 , 42952, 42955, 42956, 42958, 42959 and 4296 1 ,
Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operafive 5-18-95 (Register 95,
No. 20). A Certificate of Comphance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operafive 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Change without regulatory effect amending section filed 4-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 14).
Page 806.49
Register 2007, No. 5; 2-2-2007
§ 18456.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
6. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 1 8456. 10 to section 1 8456.3 (d) transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 1 8456.1 1 . How Do I Notify the Board of a Change in
Business Ownership?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 , 42952, 42955, 42956, 42958, 42959 and 42961 ,
Public Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 11 -28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Change without regulatory effect amending subsections (b) and (c) filed
4-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 14).
6. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 18456.11 to section 18456.3 (e) through (e)(6) transmitted to OAL
3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 18456.12. Do I Need to Notify the Board if I Change my
Address?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 , 42952, 42955, 42956, 42958, 42959 and 42961,
Public Resources Code.
History
1. New section tiled 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operafive 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 18456.12 to secfion 18456.3(0 transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 1 8456.1 3. What If I Lose the Decal(s) or Registration(s)?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operafive 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New .secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1 - 1 8-95 order including renumbering of former
secfion 18456.13 to secfion 18456.3(g) transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 1 9).
§ 18457. Waste Tire Hauler Registration Denial,
Suspension, and Revocation.
(a) The Board may refuse to issue or renew a waste tire hauler registra-
tion for failure to maintain a surety bond as required by Section 18455,
and for the reasons stated in Public Resources Code Section 42960.
(b) The Board may suspend or revoke a waste tire hauler registration
pursuant to Public Resources Code Section 42960.
(c) Upon suspension or revocation of the waste tire hauler registration,
the waste tire hauler shall immediately refijrn the deca](s) and registration
card(s) to the Board.
(d) The waste tire hauler shall not transport used or waste tires, nor
own, operate, or be an officer of a waste tire hauling business entity or
corporation during the period of suspension or revocation. Any hauling
of used and waste tires during the period of suspension or revocation will
be a cause for denial, suspension, or revocation of the registration, and
may subject the waste tire hauler to civil penalties pursuant to this chap-
ter, and/or criminal penalties pursuant to the California Vehicle Code
Section 31560.
(e) During the period of time for which a waste tire hauler's registra-
tion has been denied, suspended or revoked, neither the waste tire hauler,
nor the waste tire hauler's vehicles, may be added to another waste tire
hauler's registration. In addition, if the denial, suspension or revocation
was the result of a particular driver' (s) actions, neither that driver, nor the
driver's vehicles, may be added to another waste tire hauler's registra-
tion.
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operafive 5-18-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operafive 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of secfion
heading, repealer of secfion, renumbering and amendment of former secfion
18457.1 to secfion 18457 and amendment ofNoxE transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading, section and Note filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. New subsecfion (e) filed 7-21-2004; operative 7-21-2004 pursuant to Govern-
ment Code section 1 1343.4 (Register 2004, No. 30).
8. Editorial correcfion deleting erroneously added Histories 8-10 (Register 2007,
No. 5).
§ 1 8457.1 . Waste Tire Hauler Registration Suspension.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 , 42952, 42955, 42959, 42960 and 42961 , Public
Resources Code.
Page 806.50
Register 2007, No. 5; 2-2-2007
Title 14
California Integrated Waste Management Board
§ 18459
•
•
•
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transjnitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of secfion
heading, renumbering of former section 18457.1 to section 18457, renumbering
of former section 18458 to section 18458.1 with amendment of section heading
and subsection (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96,
No. 19).
6. Repealer filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
§ 18458. Request for Hearing of Denial, Suspension, or
Revocation of Waste Tire Hauler Registration.
(a) If the Board refuses to issue or renew (denies) a registration, or sus-
pends, or revokes a waste tire hauler registration pursuant to Public Re-
sources Code Section 42960, the waste tire hauler may appeal that deci-
sion and request a hearing in accordance with Government Code
Sections 11 505 to 11519. The request for a hearing must be in writing and
received by the CIWMB Legal Office at P.O. Box 4025, Sacramento, CA
9581 2, within 30 days after receipt of the denial, suspension, or revoca-
tion. The Board shall consider the original application, the reasons for de-
nial, and any additional relevant information presented by the applicant.
This decision shall be the final decision by the Board.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Re-
sources Code.
History
1. New section filed 1-18-95 as an emergency; operadve 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former
section 18458 to section 18457.1, renumbering of former section 18458.1 to
section 18458 with amendment of section heading and subsection (a) trans-
mitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of secfion heading and subsection (a), repealer of subsections (b)
and (c) and amendment of Note filed 5-28-2003; operative 7-1-2003 (Regis-
ter 2003, No. 22).
§ 1 8458.1 . What Steps Can I Take for Board
Reconsideration of my Waste Tire Hauler
Application?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public
Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Comphance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1 -1 8-95 order including renumbering of former
section 18458.1 to section 18458, transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 18459. Waste Tire Manifest System Requirements.
(a) The Board will provide blank forms: CIWMB 203, CJWMB 647,
CIWMB 648, and CIWMB 1 80 at the time of initial or renewed waste tire
hauler registration. These forins will be provided at no cost. CIWMB 1 80
shall only be completed by a Retreader. It shall be unlawful for a waste
tire hauler, who is not a Retreader determined by the Board, to use a Re-
treader Trip Log.
(1) The Manifest Form (CIWMB 647) and Tire Trip Log (CIWMB
648) may be used in lieu of the Comprehensive Trip Log; however, the
Manifest Form and Tire Trip Log shall not be used after December 31,
2005.
(2) In lieu of (a)(1), if approved on an individual basis by the Board
pursuant to Public Resources Code Section 42961.5, any person that is
subject to the Comprehensive Trip Log, Retreader Trip Log, or Manifest
and Tire Trip Log requirements of this section, may substitute their own
functionally equivalent form, once approved by the Board, in lieu of the
Board required form and submit an electronic report within ninety (90)
days of the load shipment to the Board. The hauler shall provide a copy
of their Board approved form to the generator or end-use facility for ev-
ery waste or used tire transaction.
(3) Additional forms may be obtained from the Board by request.
(b) The Comprehensive Trip Log, Manifest Form, Tire Trip Log, and
Retreader Trip Log shall be completed and signed under penalty of perju-
ry by the appropriate representative, and accompany each shipment of
used or waste tires from the point of origin to the facility.
(c) The following persons and entities shall comply with the Waste
Tire Manifest System:
(1) waste and used tire hauler
(2) used or waste tire generator
(3) Federal, State, and local governments
(4) person hauling used or waste tires for agricultural purposes
(5) exempted commercial carrier
(6) a facility
(7) any person not included in Section 18459(c)(1) through (6) who
gives, contracts, or arranges to have used or waste tires transported
(8) any person not included in Section 18459(c)(1) through (6) who
accepts used or waste tires
(9) Retreader
(d) For purposes of this section, "waste and used tire hauler" means
any person engaged in the transportation of used or waste tires, including
haulers that the Board approved as exempt from registration pursuant to
Public Resources Section 42954.
NOTE: Authority cited: Sections 40502. 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and
42962, Public Resources Code.
History
1. New section heading filed 1-18-95 as an emergency; operative 1-18-95 (Reg-
ister 95, No. 3). A Certificate of Compliance must be transnaitted to OAL by
5-17-95 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. New section heading refiled 5-18-95 as an emergency; operative 5-18-95
(Register 95, No, 20). A Certificate of Compliance must be transmitted to OAL
by 9-1 5-95 or emergency language will be repealed by operation of law on the
following day.
3. New section heading refiled 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 12-19-95 or emergency language will be repealed by operation of law on
the following day.
Page 806.51
Register 2006, No. 29; 7-21-2006
§ 18459.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. New section heading refiled 11-28-95 as an emergency; operative 11-28-95
(Register 95, No. 48). A Certificate of Compliance must be transmitted to OAL
by 3-27-96 or emergency language will be repealed by operation of law on the
following day.
5. Editorial Con-ection of History Notes 1 through 4 (Register 96, No. 19.)
6. Certificate of Compliance as to 1-18-95 order including renumbering and
amendment of former section 18459.1 to new section 1 8459(a) through (a)(3)
and former section 1 8459.2 to new section 18459(b) through (b)(8) transmitted
to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section headins and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22\
8. Amendment of subsections (a) and (b) and new subsection (c)(9) filed
8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A
Certificate ofCompliance must be transmitted to OAL by 12-2 1-2004 or emer-
gency language will be repealed by operation of law on the following day.
9. Amendment of subsections (a) and (b) and new subsection (c)(9) refiled
12-22-2004 as an emergency; operative 12-22-2004 (Register 2004. No. 52).
A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or
emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code section 1 1346. 1 (f) (Register 2005, No.
17).
1 1 . Amendment of subsections (a) and (b) and new subsecfion (c)(9) filed
4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A
Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emer-
gency language will be repealed by operation of law on the following day.
12. Amendment of subsection (a), new subsections (a)(1) and (a)(2), subsection
renumbering and amendment of subsections (b) and (c)(2) filed 6-13-2005 as
an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of
Compliance must be transmitted to OAL by 10-1 1-2005 or emergency lan-
guage will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsection (a), new subsections (a)(1) and (a)(2), subsection
renumbering and amendment of subsections (b) and (c)(2) refiled 10-12-2005
as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate
of Compliance must be transmitted to OAL by 2-9-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
15. Amendment of subsection (a), new subsecfions (a)(1) and (a)(2), subsection
renumbering and amendment of subsections (b) and (c)(2) refiled 2-9-2006 as
an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of
Compliance must be transmitted to OAL by 6-9-2006 or emergency language
will be repealed by operation of law on the following day.
16. Certificate ofCompliance as to 2-9-2006 order, including amendment of sub-
section (a)(2) and Note, transmitted to OAL 6-6-2006 and filed 7-19-2006
(Register 2006, No. 29).
§ 18459.1. Tire Program Identification Number.
(a) On or after July 1, 2003, every waste tire generator shall apply for
and obtain a CIWMB assigned Tire Program Identification Number for
each location from which used or waste tires are generated and trans-
ported from. Each location shall be assigned a unique site specific Tire
Program Identification Number.
(b) On or after July 1, 2003, every end-use facility shall apply for and
obtain a CIWMB issued Tire Program Identification Number for each
location where used or waste tires are accepted. Each location shall be
assigned a unique site specific Tire Program Identification Number.
(c) Every waste tire hauler shall be assigned a CIWMB issued Tire
Program Identification Number, if not already assigned, at the time of
registration.
(d) Only one Tire Program Identification Number shall be assigned to
any one business location. The Board shall issue a certificate with the
Tire Program Identification Number for each location, which shall be
posted by the operator in a conspicuous place.
(e) Every waste tire generator, waste tire hauler, or waste tire end-use
facility shall submit written notification to the CIWMB upon any change
of business operator or owner, business name, or business address within
10 days of the change.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951, 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate ofCompliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate ofCompliance must be transmitted to OAL by 1 2-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate ofCompliance as to 1 -1 8-95 order including renumbering of former
secnon 18459.1 to new section 18459(a) through (a)(3), and renumbering and
amendment of former section heading and section 18459.3 to section 19459.1
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and repealer and new section filed 5-28-2003;
operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (d) filed 7-21-2004; operafive 7-21-2004 pursuant
to Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsection (d) filed 8-23-2004 as an emergency; operafive
8-23-2004 (Register 2004, No. 35). A Certificate ofCompliance must be trans-
mitted to OAL by 12-21-2004 or emergency language will be repealed by op-
eration of law on the following day.
9. Amendment of subsection (d) refiled 12-22-2004 as an emergency; operative
12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-21-2005 or emergency language will be repealed by
operation of law on the following day.
1 0. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code secfion 1 1346.1(f) (Register 2005. No.
17).
11. Amendment of subsecfion (d) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 17). A Cerfificate ofCompliance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
tion of law on the following day.
12. Amendment of subsecfions (a) and (e) filed 6-13-2005 as an emergency; op-
erative 6-13-2005 (Register 2005, No. 24). A Certificate ofCompliance must
be transmitted to OAL by 10-1 1-2005 or emergency language will be repealed
by operafion of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsections (a) and (e) refiled 10-12-2005 as an emergency;
operative 10-12-2005 (Register 2005, No. 41). A Certificate ofCompliance
must be transmitted to OAL by 2-9-2006 or emergency language will be re-
pealed by operafion of law on the following day.
1 5. Amendment of subsections (a) and (e) refiled 2-9-2006 as an emergency; op-
erative 2-9-2006 (Register 2006, No. 6). A Certificate ofCompliance must be
transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operation of law on the following day.
16. Editorial correction restoring inadvertently omitted text to subsection (d)
(Register 2006, No. 9).
17. Certificate ofCompliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 18459.1.2. Electronic Data Transfer and Web-Based Data
Entry Requirements.
(a) Pursuant to Public Resources Code Section 42961.5, any person
may submit electronic reports to the Board in lieu of the required Com-
prehensive Trip Log, Retreader Trip Log, or Manifest or Tire Ttip Log
forms requirements with the following provisions:
(1) The business entity shall complete and sign the application for the
Electronic Data TransferAVeb Based Data Entry project.
(2) The business shall be in good standing with the CIWMB and have
no final administrative, civil, or criminal actions taken by the CIWMB
or its representatives for violations of Chapter 3, Article 5.5 or Chapter
6 of these regulations.
(3) The waste tire generator, waste tire hauler, Retreader, or end-use
facility must demonstrate that they have sufficient technical competency
to process and transmit the required information electronically.
(4) The Business entity may use their own functionally equivalent
form, once approved by the Board, in lieu of the Board required form.
(b) The CIWMB may at any time terminate the businesses' eligibility
to use electronic reporting based on violations of (a) or (c).
(c) Any falsification, misrepresentation, or omission of a fact to the
CIWMB, or its representative in the application for the Electronic Data
TransferAVeb Based Data Entry project or the electronic transmission of
manifest information may be cause to terminate the business' eligibility
Page 806.52
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18459.3
to participate in either the Electronic Data Transfer or Web-Based Data
Eintry programs.
NOTE: Authority cited: Sections 40502, 42966 and 43020. Public Resources
Code. Reference: Sections 42950, 4295 1 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1 . New section filed 6-1 3-2005 as an emergency; operative 6-13-2005 (Register
2005, No. 24). A Certificate of Compliance must be transinitted to OAL by
10-1 1-2005 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 10- 1 2-2005 as an emergency; operative 10-12-2005 (Reg-
ister 2005, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-9-2006 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register
2006, No. 6). A Certificate of Coinpliance must be transinitted to OAL by
6-9-2006 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 2-9-2006 order, including amendment of sub-
section (a)(4), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register
2006, No. 29).
§ 18459.2. Waste Tire Hauler Manifest Form Signature
Requirements.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 4295 1 , 42952, 42953, 42961.5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate of Comphance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Comphance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
secfion 18459.2 to new section 18459(b) through (b)(8), and renumbering and
amendment of former secfion heading and section 18459.4 to secfion 18459.2
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operafive 7-1-2003 (Register 2003, No. 22).
§ 1 8459.2.1 . Submittal of the Comprehensive Trip Log,
Manifest Form, Tire Trip Log, Retreader Trip
Log, and Electronic Reporting to the Board.
As provided in this section, the Comprehensive Trip Log, or Manifest
Form and Tire Trip Log, or Retreader Trip Log shall be submitted to the
CIWMB by the waste tire generator, waste tire hauler or Retreader as spe-
cified in (a), (b), (c), or (d).
(a)(1) If the waste tire hauler chooses to use the Manifest form, the
waste tire generator shall submit the completed original Manifest Form
to the Board within ninety (90) days of the load shipment. The Manifest
Form and Tire Trip Log shall be in the waste tire hauler's possession
while transporting used or waste tires. The Manifest Form and the Tire
Trip Log shall be shown upon demand to any representative of the Board,
any officer of the California Highway Patrol, any peace officer, as de-
fined in Section 830.1 or 830.2 of the California Penal Code, or any local
public officer designated by the Board.
(2) If the waste tire hauler chooses to use the Tire Trip Log, the waste
tire hauler shall submit the completed original Tire Trip Log to the Board
within ninety (90) days of the load shipment.
(3) The Manifest Form and Tire Trip Log shall not be used after De-
cember 31, 2005.
(b) On or before January 1, 2006, the waste tire hauler shall submit a
copy of the completed Comprehensive Trip Log to the Board within nine-
ty (90) days of the load shipment. The Comprehensive Trip Log shall be
in the waste tire hauler's possession while transporting used or waste
tires. The Coinprehensive Trip Log shall be shown upon demand to any
representative of the Board, any officer of the California Highway Patrol,
any peace officer, as defined in Section 830.1 or 830.2 of the California
Penal Code, or any local public officer designated by the Board.
(c) If the waste or used tire is a tire casing being shipped for inspection,
retreading, or recapping and is being transported by a Retreader, the
waste tire generator inay substitute an invoice for the required manifest
form provided by the Retreader. The invoice shall contain the date of the
transaction, the name of the customer and address, the Tire Program
Identification Number of the generator or end use facility, the name of
the retreader and address, the quantity of tire casings shipped. A copy of
the invoice and Retreader Trip Log shall be in the Retreader' s possession
while transpordng the tire casings. The copy of the invoice and Retreader
Trip Log shall be shown upon demand to any representative of the Board,
any officer of the California Highway Patrol, any peace officer, as de-
fined in Section 830. 1 or 830.2 of the California Penal Code, or any local
public officer designated by the Board.
(1) The Retreader shall submit the completed Retreader Trip Log to
the Board within ninety (90) days of the load shipment.
(d) If approved by the Board pursuant to Public Resources Code Sec-
tion 42961.5, any person that is subject to the requirements set forth in
above (a), (b), or (c) may substitute their own functionally equivalent
form, once approved by the Board, in lieu of the Board required form and
submit an electronic report within ninety (90) days of the load shipment
to the Board, in lieu of submitting the required form. The electronic re-
port shall include all information required to be on the Comprehensive
Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log forms.
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 4295 1 , 42952, 42953, 4296 1 .5 and 42962, Pub-
Uc Resources Code.
History
1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
2. Amendment of section heading, new subsecfions (b)-(b)(l) and subsection re-
lettering filed 8-23-2004 as an emergency; operative 8-23-2004 (Register
2004, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-21-2004 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of section heading, new subsections (b)-(b)(l) and subsection re-
leitering refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register
2004, No. 52). A Certificate of Compliance must be transmitted to OAL by
4-2 1-2005 or emergency language will be repealed by operafion of law on the
following day.
4. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code secfion 1 1346.1 (f) (Register 2005, No.
17).
5. Amendment of section heading, new subsecfions (b)-(b)(l) and subsection re-
lettering filed 4-25-2005 as an emergency; operative 4-25-2005 (Register
2005, No. 17). A Certificate of Compliance must be transmitted to OAL by
8-23-2005 or emergency language will be repealed by operation of law on the
following day.
6. Amendment of section heading and section tiled 6-13-2005 as an emergency;
operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operation of law on the following day.
7. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
8. Amendment of section heading and section refiled 10-12-2005 as an emergen-
cy; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance
must be transmitted to OAL by 2-9-2006 or emergency language will be re-
pealed by operation of law on the following day.
9. Amendment of section heading and secfion refiled 2-9-2006 as an emergency;
operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operation of law on the following day.
10. Certificate of Compliance as to 2-9-2006 order, including amendment of sub-
section (d), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006,
No. 29).
§ 1 8459.3. Maintenance of Comprehensive Trip Logs,
Retreader Trip Logs, Manifest Forms and Tire
Trip Logs.
(a) The waste tire generator, and end-use facility shall retain a copy
of the completed Manifest Form, receipt from the Comprehensive Trip
Log, or Board approved EDT form at their place of business for a period
Page 806.52(a)
Register 2006, No. 29; 7-21-2006
§ 18459.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
of three (3) years. These records shall be made available to any autho-
rized representative of the Board upon request.
(1) If the waste or used tire is a tire casing being shipped to or from a
generator, or end use facility for inspection, retreading, or recapping by
a Retreader, an invoice as required pursuant to 1 8459.2.1(c) may be sub-
stituted for the Manifest form or receipt from the Comprehensive Trip
Log. This invoice shall be retained at the place of business for a period
of three (3) years and be made available to any authorized representative
of the Board upon request.
(b) The waste tire hauler shall retain a copy of the completed Board
approved EDT form. Comprehensive Trip Log, or the Manifest Form and
Tire Trip Log at their place of business for a period of three (3) years.
These records shall be made available to any authorized representative
of the Board upon request.
(] ) The Retreader shall retain a copy of the completed Retreader Trip
Log and corresponding invoices at their place of business for a period of
three (3) years. These records shall be made available to any authorized
representative of the Board upon request.
(c) Any person using Electronic reporting, including used and waste
tire generators and end-users, must retain a copy of the Board approved
EDT form from the waste tire hauler or Retreader at their place of busi-
ness for a period of three (3) years and be made available to any autho-
rized representative of the Board upon request.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operadve 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Change without regulatory effect amending first paragraph filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
6. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section heading and section 18459.3 to section 18459.1, and renumbering and
amendment of former section heading and section 18459.5 to section 18459.3
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
7. Amendment of section heading and repealer and new section filed 5-28-2003;
operadve 7-1-2003 (Register 2003, No. 22).
8. New subsections (a)(1) and (b)(1) filed 8-23-2004 as an emergency; operative
8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be trans-
mitted to OAL by 12-21-2004 or emergency language will be repealed by op-
eration of law on the following day.
9. New subsections (a)(1) and (b)(1) refiled 12-22-2004 as an emergency; opera-
tive 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-21-2005 or emergency language will be repealed by
operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
mentby operation of Government Code section 1 1346.1(f) (Register 2005, No.
17).
1 1 . New subsections (a)(1) and (b)(1) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 17). A Certificate of Comphance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
tion of law on the following day.
12. Amendment of section heading and subsections (a)-(b) and new subsection (c)
filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No.
24). A Certificate of Compliance must be transmitted to OAL by 10-1 1-2005
OT emergency language will be repealed by operation of law on the following
day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
1 4. Amendment of section heading and subsections (a)-(b) and new subsection (c)
refiled 10-12-2005 as an emergency; operadve 10-12-2005 (Register 2005,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006
or emergency language will be repealed by operadon of law on the following
day.
1 5. Amendment of section heading and subsections (a)-(b) and new subsection (c)
refiled 2-9-2006 as an emergency; operadve 2-9-2006 (Register 2006. No. 6).
A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emer-
gency language will be repealed by operadon of law on the following day.
1 6. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 1 8459.4. Who Signs the Manifest?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951 . 42952, 42953, 42961 .5 and 42962. Pub-
lic Resources Code.
History
1. New secdon filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operadon of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Cerdficate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operadon of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 oremergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1 -1 8-95 order including renumbering of former
section 18459.4 to section 18459.2 transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 18459.5. Who Receives Copies of the Manifest
and When?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New secdon filed 1-18-95 as an emergency; operadve 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operadve 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operadon of law on the following
day.
3. New secdon refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate ofCompliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operadon of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operadon of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 18459.5 to section 18459.3 transmitted to OAL 3-29-96 and filed
5-9-96 (Register 96, No. 19).
§ 18459.6. Who Keeps Copies of the Manifest and for How
Long?
NOTE; Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951, 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operadve 1-18-95 (Register 95,
No. 3). A Certificate ofCompliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secdon refiled 5-1 8-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate ofCompliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operadve 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operadon of law on the fol-
lowing day.
Page 806.52(b)
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18460.1.1
5. Change without regulatory effect amending subparagraph (b) filed 4-2-96 pur-
suant to section 100, title I, California Code of Regulations (Register 96, No.
14).
6. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96. No. 19).
§ 1 8459.7. Where Do I Get Waste Tire Hauler Manifest
Forms CIWMB-62?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42961.5 and 42962, Public Resources Code.
History
1 . New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operafive 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operadon of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95. No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of section
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8460. Waste Tire Hauler Manifest System
Requirements.
NoTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and
42962, Public Resources Code.
History
1 . New section filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 11-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of secfion
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Repealer filed 5-28-2003; operafive 7-1-2003 (Register 2003, No. 22).
§ 1 8460.1 . Waste Tire Manifest System Requirements for
Agricultural Uses Exemption.
(a) As provided in § 18459(a)(1), the agricultural exempt waste tire
hauler shall not transport 10 or more used or waste tires without having
a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip
Log in the vehicle while transporting the used or waste tires. The Com-
prehensive Trip Log or Manifest Form and Tire Trip Log shall be shown
upon demand to any representative of the Board, any officer of the
California Highway Patrol, any peace officer, as defined in Section 830. 1
or 830.2 of the Penal Code, or any local public officer designated by the
Board.
(b) The agricultural exempt waste tire hauler shall leave one copy of
the Manifest Form or receipt from the Comprehensive Trip Log with the
waste tire generator, or end-use facility after the form has been com-
pleted with the required information.
(c) The agricultural exempt waste tire hauler shall submit the com-
pleted original Comprehensive Trip Log or Tire Trip Log to the Board
within mnety (90) days of the load shipment. The Comprehensive Trip
Log or Tire Trip Log shall contain the signature of the agricultural ex-
empt waste tire hauler representative.
(d) The agricultural exempt waste tire hauler may destroy the "hauler"
copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log
upon reaching the end-use facility.
(e) The agricultural exempt waste tire hauler shall not haul used or
waste tires to an end-use facility not legally authorized to accept used or
waste tires.
(f) The agricultural exempt waste tire hauler shall contact the Board
and provide the name of the company, name of the person, and phone
number of a waste tire generator, or end-use facility who does not proper-
ly complete the manifest.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42951, 42954 and 42961.5, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95.
No. 3). A Certificate of Compliance must be transinitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-1 8-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
heading and subsecfion (b) transmitted to OAL 3-29-96 and filed 5-9-96 (Reg-
ister 96, No. 19).
6. Amendment of secfion heading and repealer and new section filed 5-28-2003;
operative 7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (a) and amendment of Note filed 7-21-2004; opera-
tive 7-21-2004 pursuant to Government Code section 1 1343.4 (Register 2004,
No. 30).
8. Amendment of subsections (a)-(d) and (f) filed 6-13-2005 as an emergency;
operafive 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operation of law on the following day.
9. Amendment of subsecfions (a)-(d) and (f) refiled 10-12-2005 as an emergency;
operafive 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance
must be transmitted to OAL by 2-9-2006 or emergency language will be re-
pealed by operation of law on the following day.
10. Amendment of subsections (a)-(d) and (f) refiled 2-9-2006 as an emergency;
operafive 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operafion of law on the following day.
1 1 . Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 1 8460.1 .1 . Waste Tire Manifest System Requirements for
Common Carrier Exemption.
(a) As provided in § 18459(a)(1), the common carrier approved for ex-
emption pursuant to Public Resource Code Section 42954 shall not trans-
port 10 or more used or waste tires without having a copy of the Compre-
hensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while
transporting the used or waste tires. The Comprehensive Trip Log or
Manifest Form and Tire Trip Log shall be shown upon demand to any
representative of the Board, any officer of the California Highway Patrol,
any peace officer, as defined in Section 830. 1 or 830.2 of the Penal Code,
or any local public officer designated by the Board.
(b) The exempt common carrier shall leave one copy of the Manifest
Form or receipt from the Comprehensive Trip Log with the waste tire
generator, or end-use facility after the form has been completed with the
required information.
(c) The common carrier shall keep one copy of the completed Compre-
hensive Trip Log or Manifest Form and Tire Trip Log.
(d) The common carrier shall submit the completed original Compre-
hensive Trip Log or Tire Trip Log to the Board within ninety (90) days
of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall
contain the signature of the common carrier representative.
Page 806.52(c)
Register 2006, No. 29; 7-21 -2006
§ 18460.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(e) If the used or waste tires are transported from a collection center,
a new Manifest Form or receipt from the Comprehensive Trip Log shall
be used until the waste tires reach an end-use facility.
(0 The common carrier shall not haul used or waste tires to an end-use
facility not legally authorized to accept used or waste tires.
(g) The common carrier shall contact the Board and provide the name
of the company, name of the person, and phone number of a waste tire
generator, or end-use facility who does not properly complete the mani-
fest.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 , 42954 and 42961 .5, Public Resources Code.
History
1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
2. Amendment of subsection (a) and amendment of Note filed 7-2 1-2004; opera-
tive 7-21-2004 pursuant to Government Code section 1 1343.4 (Register 2004,
No. 30).
3. Amendment of subsections (a)-(e) and (g) filed 6-13-2005 as an emergency;
operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operation of law on the following day.
4. Amendment of subsections (a)-(e) and (g) refiled 10-12-2005 as an emergen-
cy; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance
must be transmitted to OAL by 2-9-2006 or emergency language will be re-
pealed by operation of law on the following day.
5. Amendment of subsections (a)-(e) and (g) refiled 2-9-2006 as an emergency;
operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operafion of law on the following day.
6. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006
and filed 7-19-2006 (Register 2006, No. 29).
§ 18460.2. Waste Tire Manifest System Requirements for
Waste Tire Haulers.
(a) The registered waste tire hauler shall show the waste tire generator
the waste tire hauler registration for the vehicle being used to transport
the used or waste tires.
(b) As provided in § 1 8459(a)(1), the registered waste tire hauler shall
complete a new Manifest Form or receipt from a Comprehensive Trip
Log for each pick-up or delivery of any used or waste tires in accordance
with the directions on the form. If a Manifest Form is used, each pick-up
or delivery of used or waste tires shall also be entered on the Tire Trip Log
in accordance with the directions on the form. The waste tire hauler shall
not transport any used or waste tires without having a copy of the Mani-
fest Form and Tire Trip Log or Comprehensive Trip Log in the vehicle
transporting the used or waste tires.
(1) As provided in § 18459(a)(2), the registered waste tire hauler may
substitute their own functionally equivalent form, once approved by the
Board, in lieu of the Board required form and substitute an electronic re-
port for the Manifest Form and Tire Trip Log or Comprehensive Trip
Log.
(c) A vehicle may contain used or waste tires from different waste tire
generators. Used or waste tires from each generator shall be accompa-
nied by their own Manifest Form or receipt from the Comprehensive Trip
Log from point of origin.
(d) The waste tire hauler shall leave one copy of the Manifest Form or
a completed receipt from the Comprehensive Trip Log with the waste tire
generator, or end-use facility after the form or receipt has been com-
pleted.
(e) The waste tire hauler shall keep one copy of the completed Mani-
fest Form or Comprehensive Trip Log.
(f) The waste tire hauler shall not haul used or waste tires to an end-use
facility not legally authorized to accept used or waste tires.
(g) The waste tire hauler shall contact the Board and provide the name
of the company, name of the person, and phone number of the waste tire
generator, or end-use facility who does not provide the necessary in-
formadon to the hauler in order to complete the manifest or Comprehen-
sive Trip Log.
(h) The waste tire hauler shall not transport the used or waste tires
without a properly completed Manifest Form and Tire Trip Log or Com-
prehensive Trip Log.
(i) Those waste and used tire haulers exempt from registration pur-
suant to Public Resources Code section 42954 shall be required to com-
ply with the manifest requirements of Subsections (b) through (h) if they
haul a load of 1 0 or more waste or used tires; however will not be allowed
to participate in the electronic reporting as provided in (b)(1).
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951, 42954, 42956 and 42961.5, Public Resources
Code.
History
1 . New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an einergency ; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 9-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of secfion
heading and subsections (b) and (c), new subsections (d) through (e)(5), subsec-
tion relettering, amendment of newly designated subsections (f) through (i), re-
numbering and amendment of former section 18460.3 to section 18460.2(k)
through (/) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 1 9).
6. Amendment filed 5-28-2003: operafive 7-1-2003 (Register 2003, No. 22).
7. Amendment of section heading and subsection (b), new subsections (i)-(i)(l)
and amendment of Note filed 7-21-2004; operafive 7-21-2004 pursuant to
Government Code section 11343.4 (Register 2004, No. 30).
8. Amendment of subsections (a)-(i) and repealer of subsection (i)(l) filed
6-13-2005 as an emergency; operafive 6-13-2005 (Register 2005, No. 24). A
Certificate of Compliance must be transmitted to OAL by 10-1 1-2005 or emer-
gency language will be repealed by operafion of law on the following day.
9. Amendment of subsections (a)-(i) and repealer of subsection (i)(l) refiled
10-12-2005 as an emergency; operafive 10-12-2005 (Register 2005, No. 41).
A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emer-
gency language will be repealed by operation of law on the following day.
10. Amendment of subsections (a)-(i) and repealer of subsection (i)(l) refiled
2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Cer-
fificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency
language will be repealed by operafion of law on the following day.
11. Certificate of Compliance as to 2-9-2006 order, including amendment of sub-
secfion (b)(1), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register
2006, No. 29).
§ 1 8460.2.1 . Waste Tire Manifest System Requirements for
Retreaders.
(a) A registered waste tire hauler meeting the requirements set forth in
§ 18450(a)(19) shall complete, sign under penalty of perjury, and submit
the Retreader Self-Certification Form (CIWMB 1 73) to the Board before
the Board deems that registered waste tire hauler to be a Retreader.
(b) The Retreader shall show the waste tire generator the Retreader
registration card for the vehicle being used to transport the tire casings.
(c) The Retreader shall complete an invoice in accordance with
§§ 18459.2.1(c) and 18461(a)(l)foreachpick-upordelivery of tire cas-
ings. Notwithstanding § 18459(d), each pick-up or delivery of tire cas-
ings shall also be entered on the Retreader Trip Log in accordance with
the directions on the form. The Retreader shall not transport any tire cas-
ings without having a copy of the invoice and Retreader Trip Log in the
vehicle transporting the tire casings.
(d) A vehicle may contain tire casings from different waste tire genera-
tors. Tire casings from each generator shall be accompanied by their own
invoice form from point of origin.
(e) The Retreader shall leave one copy of the invoice form with the
waste tire generator, or end-use facility after the invoice form has been
completed.
(f) The Retreader shall keep one copy of the completed invoice form.
(g) The Retreader shall not haul tire casings to an end-use facility not
legally authorized to accept used or waste tires.
(h) The Retreader shall not transport the tire casings without a properly
completed invoice form and Retreader Trip Log.
Page 806.52(d)
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18461
•
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951, 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1 . New section filed 8-23-2004 as an emergency; operative 8-23-2004 (Register
2004, No. 35). A Certificate of Compliance must be transmitted to OAL by
] 2-2 1-2004 or emergency language will be repealed by operation of law on the
following day.
2. New section refi led 12-22-2004 as an emergency; operative 12-22-2004 (Reg-
ister 2004, No. 52). A Certificate of Compliance must be transmitted to OAL
by 4-21-2005 or emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2005,
No. 17).
4. New section filed 4-25-2005 as an emergency; operative 4-25-2005 (Register
2005, No. 17). A Certificate of Compliance must be transmitted to OAL by
8-23-2005 or emergency language will be repealed by operation of law on the
following day.
5. Amendment of subsections (b)-(e) filed 6-13-2005 as an emergency; operative
6-1 3-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
7. Amendment of subsections (b)-(e) refiled 1 0-1 2-2005 as an emergency; opera-
tive 10-12-2005 (Register 2005, No. 41). A Certificate of Comphance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
8. Amendment of subsections (b)-(e) refiled 2-9-2006 as an emergency; opera-
tive 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be
transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operadon of law on the following day.
9. Editorial coiTecfion of subsecfion (c) (Register 2006, No. 28).
10. Certificate of Compliance as to 2-9-2006 order, including further amendment
of subsection (f), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register
2006, No. 29).
§ 1 8460.3. What if the Tire Dealer/Waste Tire Generator
Does Not Properly Complete the Manifest
Form?
NOTE; Authority cited: Sections 40502, 42966 and 43020. Public Resources
Code. Reference: Secfions 42950, 42951, 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 11-28-95 as an emergency; operative 11-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of la w on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 1 8460.3 to section 1 8460.2(k) through (/) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§ 1 8460.4. What are Legally Authorized Waste Tire Sites?
NOTE: Authority cited: Secfions 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 4295 1 , 42952, 42953, 4296 1 .5 and 42962, Pu b-
lic Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion refiled 8-21-95 as an emergency; operafive 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance musi be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including repealer of secfion
transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
§ 1 8461 . Manifest System Requirements for Waste Tire
End-Use Facilities.
The Waste Tire Manifest System requires specific actions on the part
of etid-use facilities including, but not limited to, the following.
(a) As provided in § J 8459.3(a), an end-use facility shall retain a copy
of the Manifest Form, Board approved EDT form, or the completed re-
ceipt from the Comprehensive Trip Log provided by the registered haul-
er.
( ] ) If a tire casing is being shipped to an end use facility for inspection,
retreading, or recapping by a Retreader, an invoice as required pursuant
to 18459.2.1(c) may be substituted for the Manifest form.
(b) The waste tire end-use facility may accept the used or waste tires
from waste tire hauler(s) who are not registered with the Board and/or
have no manifest as provided below:
(1 ) If waste or used tires are received from a registered hauler that does
not have a Comprehensive Trip Log, the end use facility shall complete
the Unregistered Hauler & Comprehensive Trip Log Substitution Form
(CIWMB 204) within 48 hours of the tire delivery and submit the form
to the CIWMB within 90 days.
(2) The end-use facility shall complete the Unregistered Hauler &
Comprehensive Trip Log Substitution Form (CIWMB 204) and submit
it to the Board within 30 days of the acceptance of 10 or more waste or
used tires from a person who is not registered as a waste tire hauler unless
that person has written authorization by the Local Enforcement Agency
for purposes of an Amnesty Day Event or a One Time Exemption and is
transporting no more than 20 waste or used tires to the end-use facility.
(3) If the person is hauHng 20 or more waste or used tires under the
written authorization of a Local Enforcement Agency for purposes of an
Amnesty Day Event or a One Time Exemption, the end-use facility shall
report this information on the Unregistered Hauler & Comprehensive
Trip Log Substitution Form (CIWMB 204) and submit the form to the
Board within 30 days of the acceptance of waste or used tires from that
person.
(c) End-use facility operators shall make available for review by the
waste tire hauler any Board issued permit, exemption from waste tire fa-
cility permitting requirements, or any local permit or license allowing the
storage of used or waste tires on the site.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42951 and 42961.5, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of section
heading and secfion, renumbering and amendment of former secfion 18461.1
to section 1846 1(a) through (c) and former section 18461.2 to secfion 18461(d)
through (g) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No.
19).
6. Amendment of section heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. Amendment of subsection (c) and amendment of Note filed 7-21-2004; opera-
five 7-21-2004 pursuant to Government Code secfion 1 1343.4 (Register 2004,
No. 30).
Page 806.52(e)
Register 2006, No. 29; 7-21 -2006
§ 18461.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
8. New subsection (a)(] ) filed 8-23-2004 as an emergency; operative 8-23-2004
(Register 2004, No. 35). A Certificate of Compliance must be transmitted to
OAL by 12-21-2004 or emergency language will be repealed by operation of
law on the following day.
9. New subsection (a)(1) refiled 12-22-2004 as an emergency; operative
12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-2 1-2005 or emergency language will be repealed by
operation of law on the following day.
10. Reinstatement of section as it existed prior to 12-22-2004 emergency amend-
ment by operation of Governmeni Code section 1 1 346.1 (f) (Register 2005, No.
17).
1 1. New subsection (a)(]) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
tion of law on the following day.
12. Amendment filed 6-13-2005 as an emergency; operative 6-13-2005 (Regis-
ter 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by
10-1 1-2005 or emergency language will berepealedby operation of law on the
following day.
13. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment refiled 10-12-2005 as an emergency; operafive 10-12-2005
(Register 2005, No. 41). A Certificate of Compliance must be transmitted to
OAL by 2-9-2006 or emergency language will be repealed by operation of law
on the following day.
1 5. Amendment refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register
2006, No. 6). A Certificate of Compliance must be transmitted to OAL by
6-9-2006 or emergency language will be repealed by operation of law on the
following day.
16. Certificate of Compliance as to 2-9-2006 order, including amendment of sub-
section (b), transmitted to OAL 6-6-2006 and filed 7-1 9-2006 (Register 2006,
No. 29).
§ 1 8461 .1 . My Site Accepts Waste Tires. What Shall I do as
the Operator of a Destination Facility if a Waste
Tire Hauler Who is Not Registered With the
Board and/or Has No Manifest Delivers Waste
Tires to My Site?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operadon of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-1 8-95 order including renumbering of former
section 18461.1 to secfion 18461(a) through (c) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§ 1 8461 .2. How Can I Demonstrate That My Facility is
Authorized to Accept Waste Tires?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 42951 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance m'ust be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order includingrenumbering of former
secfion 18461.2 to section 18461(d) tluough (g) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§ 18462. Manifest System Requirements for Waste Tire
Generators.
(a) A waste tire generator shall not give, contract, or arrange with
another person to transport used or waste tires unless that person is a reg-
istered waste tire hauler or is exempt under Public Resources Code Sec-
tion 42954.
(1 ) If a tire casing is being shipped from a generator for inspection, re-
treading, or recapping by a Retreader, an invoice as required pursuant to
1 8459.2. 1(c) may be substituted for the Manifest form. This invoice shall
be retained at the place of business for a period of three (3) years and be
made available to any authorized representative of the Board upon re-
quest.
(b) As provided in § 18459.3(a), a waste tire generator shall retain a
Board approved EDT form, completed receipt from the Comprehensive
Trip Log provided by the hauler, or, retain a copy, and forward the origi-
nal Manifest Form to the Board.
(c) If waste or used tires are removed from the generator's location by
a registered waste tire hauler and a completed receipt from the Compre-
hensive Trip Log is not provided, the generator shall complete a Unregis-
tered Hauler & Comprehensive Trip Log Substitution Form (CIWMB
204) within 48 hours of the tire removal and submit the form to the
CIWMB within 90 days.
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 42951, 42952, 42953, 42954, 42961.5 and
42962, Public Resources Code.
History
1. New secfion filed 1-18-95 as an emergency; operafive 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 5-18-95 as an emergency; operafive 5-1 8-95 (Register 95,
No. 20). A Cerfificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-2 1-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate ofComphance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including amendment of secfion
heading and secfion, renumbering and amendment of former secfion 18462.1
to secfion 1 8462(a) through (b) and former secfion 1 8462.2 to 1 8462(c) through
(d) transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative
7-1-2003 (Register 2003, No. 22).
7. New subsection (b)(1) filed 8-23-2004 as an emergency; operafive 8-23-2004
(Register 2004, No. 35). A Certificate of Compliance must be transmitted to
OAL by 12-21-2004 or emergency language will be repealed by operation of
law on the following day.
8. New subsecfion (b)(1) refiled 12-22-2004 as an emergency: operative
12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-21-2005 or emergency language will be repealed by
operafion of law on the following day.
9. Reinstatement of secfion as it existed prior to 12-22-2004 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2005, No.
17).
10. New subsection (b)(1) filed 4-25-2005 as an emergency; operative
4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be trans-
mitted to OAL by 8-23-2005 or emergency language will be repealed by opera-
fion of law on the following day.
11. Amendment of section heading and section filed 6-13-2005 as an emergency;
operafive 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operafion of law on the following day.
•
Page 806.52(f)
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18464
12. Certificate of Compliance as to 4-25-2005 order transmitted to OAL
8-1 1-2005 and filed 9-22-2005 (Register 2005, No. 38).
1.3. Amendment of section heading and section refiled 10-12-2005 as an emer-
gency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Com-
pliance must be transmitted to OAL by 2-9-2006 or emergency language will
be repealed by operation of law on the following day.
14. Amendment of section heading and section refiled 2-9-2006 as an emergency;
operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operation of law on the following day.
15. Certificate of Compliance as to 2-9-2006 order, including amendment of
Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Reeister 2006, No.
29).
§ 18462.1. Can I Give Tires to a Person Wanting to Haul my
Waste Tires but Who Doesn't Have a
Registration or is Not Exempt From the
Registration?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Sections 42950, 42951 , 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 8-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operative 1 1-28-95 (Register
95, No. 48). A Certificate of Comphance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operafion of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-18-95 order including renumbering of former
section 18462.1 to secfion 18462(a) through (b) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§ 18462.2. Do I need to Know the Destination Site or
Collection Facility for the Waste Tires?
NOTE: Authority cited: Sections 40502, 42966 and 43020, Public Resources
Code. Reference: Secfions 42950, 42951, 42952, 42953, 42961 .5 and 42962, Pub-
lic Resources Code.
History
1. New section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95,
No. 3). A Certificate of Comphance must be transinitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-18-95 as an emergency; operative 5-18-95 (Register 95,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-95
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 8-2 1-95 as an emergency; operative 8-2 1-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-95
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 1-28-95 as an emergency; operafive 1 1-28-95 (Register
95, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Change without regulatory effect moving forms to secfion 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
6. Certificate of Compliance as to 1 -1 8-95 order including renumbering of former
section 18462.2 to section 18462(c) through (d) transmitted to OAL 3-29-96
and filed 5-9-96 (Register 96, No. 19).
§18463. Civil Penalties.
Any waste tire generator, end-use facility, or waste tire hauler or any
party or person who commits any of the following acts shall be liable for
a civil penalty:
(a) Intentionally, or negligently violates any permit, rule, regulation,
standard, or requirement pursuant to Chapter 1 9 of the Public Resources
Code relating to the generation, transportation or disposal of used or
waste tires.
(b) The aiding or abetting, or allowing of any violation, or noncom-
pliance with any permit, rule, regulation, standard, or requirement pur-
suant to Chapter 19 of the Public Resource Code relating to the genera-
tion, transportation or disposals of used or waste tires.
(c) Any violation of, or noncompliance with any order issued by the
Board or by a hearing officer or a court relating to the generation, trans-
portation or disposal of used or waste tires.
(d) Any false statement, misrepresentation, or omission of a signifi-
cant fact or other required information in the application for a waste tire
hauler registration, Comprehensive Trip Log, Retreader Trip Log, Mani-
fest Form or Tire Trip Log, or in information regarding these matters sub-
sequently reported to the Board.
(e) In addition to liabihty for a civil penalty, the Board may:
(1) File a claim against any registered waste tire hauler surety bond for
activities resulting from the illegal disposal of tires or injury.
(2) Deny, suspend, or revoke a waste tire hauler registration.
NOTE: Authority cited: Sections 40502 and 42962, Public Resources Code. Refer-
ence: Section 42962, Public Resources Code.
History
1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment filed 5-28-2003; operafive 7-1-2003 (Register 2003, No. 22).
3. Amendment of subsection (d) filed 6-13-2005 as an emergency; operafive
6-1 3-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
erafion of law on the following day.
4. Amendment of subsecUon (d) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
5. Amendment of subsection (d) refiled 2-9-2006 as an emergency; operative
2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-9-2006 or emergency language will be repealed by opera-
fion of law on the following day.
6. Certificate of Compliance as to 2-9-2006 order, including amendment of sub-
section (d), transmitted to OAL 6-6-2006 and filed 7-1 9-2006 (Register 2006,
No. 29).
§ 18464. Amount of Civil Penalties and Administrative
Penalty Schedule.
(a) Civil penalties may be imposed administratively in accordance
with the following penalty tables:
1 . For waste and used tire haulers, tire generators, and end-use facili-
ties, using Penalty Table I;
A. Determine what violations have occurred.
B. Determine the number of violations or offenses that have occurred.
C. Add up the penalties to determine the applicable fine.
Page 806.52(g)
Register 2006, No. 29; 7-21-2006
§ 18464
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Penalty Table I: For Tire Haulers, Tire Generators, and End-Use Facilities
Violation
PRC 42951(b)
PRC 42952(b)
Description 1st Offense
of Violation
Failure of tire haulers to transport
waste or used tires to a facility
that is permitted, excluded,
exempted, or otherwise authorized
by the board, by statute or $1 ,000-$3,000
regulation, to accept waste or used
tires, or to a facility that lawfully
accepts waste or used tires for reuse or
disposal, (major, ininor).
Falsely advertising or representing
himself or herself as being in the
business of a waste and used tire $l,000-$2,000
hauler without being registered as a
waste or used tire hauler by the board.
Any person who gives, contracts,
or arranges with another person to
transport waste or used tires and
fails to utilize a tire hauler holding
a valid waste and used tire hauler
registration from the board (unless $500-$!, 000
the tire hauler is exempted from
registration requirements as
specified in Public Resource Code
Section 42954).
Failure to carry waste or used
tire hauler registration in vehicle; $100-$500
failure to permanently affix tire
hauler decal to the lower right hand
comer of the windshield.
Failure to present waste or used
tire hauler registration upon the
demand of an authorized $100-$500
representative of the board.
Comprehensive Trip Log, Manifest
Violarions, or Electronic reporting;
including failure to submit the
Comprehensive Trip Log, manifests,
or Electronic reporting on a
quarterly basis, missing $]00-$500
information, incomplete
information, and false information.
Failure to maintain surety bond
in full force and effect during all $500-$! ,000
registration periods.
Failure to notify board of changes
in information provided on $100-$300
registration application form
(CIWMB 60) as required by 14 CCR
18456.3.
2. For unregistered waste and used tire haulers, using Penalty Table II;
A. Determine the number of violations or offenses.
B. Find the number of tires hauled for each load.
PRC 42953
PRC 42956
PRC 42956(c)
PRC 42961.5
14 CCR 18456.1(b)
14 CCR 18456.3
2nd Offense
$2,000-$4,000
3rd
and
Subsequent
Offenses
$3,000-$5,000
$2,000-$4,000
$4,000-$5,000
$l,000-$2,000
$l,000-$3,000
$500-$ 1,000
$2,000-$3,000
$3,000-$5,000
$1,000-$ 1,750
$500-$ 1,000
$l,000-$2,000
$500-$ 1,000
$l,500-$2,500
$2,000-$3,000
$l,50()-$2,000
C. Determine whether any other violations listed in Table I have oc-
curred and add that fine to the fine from Table II to determine the total
fine.
Penalty Table II: Violation of PRC section 42951(a)
10-20 Tires
per Load
$100-$500
$500-$ 1,000
$1,000-$ 1,7 50
21^0 Tires
per Load
$50O-$750
$75O-$l,250
$l,250-$2,000
Violation
Unregistered Hauler
(1st Offense)
Unregistered Hauler
(2nd Offense)
Unregistered Hauler
(3rci Offense, etc)
(b) For administrative hearings held pursuant to Public Resources
Code sections 42960 and 42962, a person waives the right to a hearing
when that person fails to submit to the Board a Notice of Defense pur-
suant to Government Code section 11 506 or CIWMB Request for Hear-
ing form within 15 days of service of the administrative complaint on that
person.
41-100 Tires
per Load
$500-$ 1,000
$1,000-$1,750
$l,750-$2,750
More than 100
Tires per Load
$1,000-$2,000
$2,000-$4,000
$3,000-$5,000
NOTE: Authority cited: Sections 40502 and 42962, Public Resources Code. Refer-
ence: Sections 42960 and 42962, Public Resources Code; and Section 11506,
Government Code.
History
1. New section filed 5-9-96; operarive 5-9-96 (Register 96, No. 19).
2. Amendment of secfion heading and new subsection (b) (including Penalty
Tables I-II) filed 3-6-2003 as an emergency; operative 3-6-2003 (Register
Page 806.52(h)
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18466
•
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-7-2003 or emergency language will be repealed by operation of law on the
following day.
3. Repealer of subsection (a) and reletterine of former subsection (b) to subsection
(a) filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
4. Refiling of 3-6-2003 order, including further amendment oi' subsections (a)l .
and (a)2. and amendment of Penalty Table 1, 7-7-2003 as an emergency; opera-
tive 7-7-2003 (Register 2003, No. 28). A Certificate of Compliance must be
transmitted to OAL by 1 1-4-2003 or emergency language will be repealed by
operation of law on the following day.
5. Refiling of 7-7-2003 order 1 1-3-2003 as an emergency; operative 1 1-3-2003
(Register 2003, No. 45). A Certificate of Compliance must be transmitted to
OAL by 3-2-2004 or emergency language will be repealed by operation of law
on the following day.
6. Editorial correction of subsection (a)l. (Register 2004, No. 10).
7. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further
amendment of subsection (a)(1); operative 3-2-2004 (Register 2004, No. 10).
A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or
emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-15-2004
and filed 7-21-2004 (Register 2004, No. 30).
9. Amendment filed 6-1 3-2005 as an emergency; operative 6-1 3-2005 (Register
2005, No. 24). A Certificate of Compliance must be transmitted to OAL by
10-1 1-2005 or emergency language will be repealed by operation of law on the
following day.
10. Amendment refiled 10-12-2005 as an emergency; operative 10-12-2005
(Register 2005, No. 41). A Certificate of Compliance must be transmitted to
OAL by 2-9-2006 or emergency language will be repealed by operation of law
on the following day.
1 1 . Amendment refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register
2006, No. 6). A Certificate of Compliance must be transmitted to OAL by
6-9-2006 or emergency language will be repealed by operafion of law on the
following day.
12. Certificate of Compliance as to 2-9-2006 order, including new subsecfion (b)
and amendment of Note, transmitted to OAL 6-6-2006 and filed 7-19-2006
(Register 2006, No. 29).
§ 18465. Criteria to Impose a Civil Penalty.
In assessing the amount of civil penalty, factors to be considered shall
include, but are not limited to, the following:
(1) The nature, circumstances, extent, and gravity of the violation.
(2) Evidence that the violation was willful or negligent.
(3) The good or bad faith exhibited by the party.
(4) History of violation of the same or similar nature.
(5) The extent to which the party has cooperated with the Board in re-
mediating the violation.
(6) The extent that the party has mitigated or attempted to mitigate any
damage or injury caused by his or her violation.
(7) Evidence of any financial gain resulting from the violation.
(8) Such other matters as justice may require.
NOTE: Authority cited: Sections 40502, 42962 and 43020, Public Resources
Code. Reference: Section 42962, Public Resources Code.
History
1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Repealer of subsection (b) filed 3-6-2003 as an emergency; operative
3-6-2003 (Register 2003, No. 1 0). A Certificate of Compliance must be trans-
mitted to OAL by 7-7-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. Repealer of subsecfion (b) refiled 7-7-2003 as an emergency; operative
7-7-2003 (Register 2003. No. 28). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-4-2003 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer of subsection (b) refiled 11-3-2003 as an emergency; operative
1 1-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3-2-2004 or emergency language will be repealed by opera-
tion of law on the following day.
5. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further
amendment of Note; operative 3-2-2004 (Register 2004, No. 10). A Certificate
of Compliance must be transmitted to OAL by 6-30-2004 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-2-2004 order, including repealer of subsec-
tion (a) designator, transmitted to OAL 6-15-2004 and filed 7-21-2004 (Reg-
ister 2004, No. 30).
§ 18466. Procedure for Imposing Civil Penalties.
(a) Civil penalties may be adininistratively imposed pursuant to the
Administrative Procedure Act Government Code Section 11500 et seq.
(b) Civil penalties may be imposed pursuant to the Public Resources
Code Section 42962 in the discretion of the trier of fact in the civil pro-
ceeding.
NOTE: Authority cited: Sections 40502 and 42962, Public Resources Code. Refer-
ence: Sections 1 1500 and 42962, Public Resources Code.
History
1. New secfion filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment of subsection (a) filed 6-13-2005 as an emergency; operative
6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 1-2005 or emergency language will be repealed by op-
eration of law on the following day.
3. Amendment of subsection (a) refiled 10-12-2005 as an emergency; operative
10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-9-2006 or emergency language will be repealed by
operation of law on the following day.
4. Amendment of subsection (a) refiled 2-9-2006 as an emergency; operative
2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-9-2006 or emergency language will be repealed by opera-
tion of law on the following day.
5. Certificate of Compliance as to 2-9-2006 order, including amendment of Note,
transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
[The next page is 806.53.]
Page 806.52(i)
Register 2006, No. 29; 7-21-2006
Title 14
California Integrated Waste Management Board
§ 18472
Article 9. Financial Assurance
Requirements for Closure of a Major Waste
Tire Facility
§ 18470. Scope and Applicability.
(a) This Article requires operators of major waste tire facilities to dem-
onstrate adequate financial ability to conduct closure activities.
(b) Operators of all major waste tire facilities, except state and federal
operators, shall comply with the requirements of this Article upon appli-
cation for issuance of a major waste tire facilities permit pursuant to
Chapter 6, Article 1, section 18420.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 4282L Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsection (a) transmitted to OAL 9-23-93 and filed 11-3-93
(Register 93, No. 45).
§18471. Definitions.
(a) When used in this Article, the following terms shall have the mean-
ings given below:
(1) "Current Closure Cost Estimate" means the most recent estimate
prepared in accordance with Chapter 6, Article 6, section 18442.
(2) "Depository Trust Fund" means the fund established in conjunc-
tion with a surety bond or letter of credit and that meets the requirements
of section 1 8474 of this Article.
(3) "Enterprise Fund" means a fund established to account for the fi-
nancing of self-supporting activities of a government unit that renders
services on a user-fee basis.
(4) "Government Securities" means financial obligations issued by a
federal, state or local government, including general obligation bonds,
revenue bonds, and certificates of participation.
(5) "Letter of Credit" means a contract by which the issuing institution
promises to extend credit on behalf of an operator to the Board or its de-
signee, on presentation of the mechanism in accordance with its terms.
(6) "Provider of financial assurance" means an entity, other than an
operator, that provides financial assurance to an operator of a major
waste tire facility, including but not limited to a trustee, an institution is-
suing a letter of credit, or a surety company.
(7) "Surety Bond" means a contract by which a surety company prom-
ises that, if the operator fails to perform required closure activities, the
surety company will be liable for the operator's responsibilities as speci-
fied by the bond.
(8) "Trust fund" means a contract by which the operator transfers as-
sets to a trustee to hold, on behalf of the Board or its designee, to pay clo-
sure costs.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Secfion 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-1 0-92 (Register 92,
No. 21). A Certificate of Compliance must be transinitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsections (a)(l)-(2) transmitted to OAL 9-23-93 and filed
11-3-93 (Register 93, No. 45).
§ 18472. Closure Cost Estimate Adjustments.
(a) An operator shall increase the closure cost estimate when changes
to the closure plan increase the cost of closure.
(b) An operator may reduce the closure cost estimate when changes to
the closure plan decrease the cost of closure. The request for reduction
shall be submitted with an application for renewal or revision of the per-
mit for approval by the Board or its designee.
(c) Each year, an operator shall submit to the Board or its designee, a
report calculating the increase in the closure cost estimate due to the in-
flation factor for the previous calendar year.
The inflation factor is derived from the annual Implicit Price Deflator
for Gross National Product as published annually by the U.S. Department
of Commerce, in its Survey of Current Business. The inflation factor is
the result of dividing the latest annual published deflator by the deflator
for the previous year. The operator shall adjust the closure cost estimate
for inflation within 60 days of the anniversary date of the establishment
of the financial mechanism for closure costs. The operator shall increase
the monetary amount of the financial mechanism based on this inflaUon
factor.
(d) The mechanism(s) used to demonstrate financial responsibility
shall be updated, no more than 60 days after a change in the amount of
the current closure cost estimate covered by the mechanism(s).
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
Page 806.53
Register 2003, No. 14; 4-4-2003
§ 18473
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
8. Certificate of Compliance as to 6-22-93 emeigency order including amend-
ment of section headina and text transmitted to OAL 9-23-93 and filed
1 1-3-93 (Register 93, No. 43).
§ 18473. Acceptable Mechanisms and Combination of
Mechanisms.
(a) Subject to the limitation of subsection (c) of this section, an opera-
tor shall use any one or any combination of the mechanisms specified
which are defined in the following sections of this Article:
(1) Section 18474, Trust Fund
(2) Section 18475, Surety Bond
(3) Section 1 8476, Letter of Credit
(4) Section 18477, Government Securities
(5) Section 18478, Enterprise Fund
(6) Section 18478.5. State Approved Mechanism
(b) If a combination of mechanisms are u.sed, the operator shall desig-
nate one mechanism as "primary" and all others as "excess" coverage.
(c) If an operator uses a trast fund in combination with a surety bond
or letter of credit, the trust fund may be used as the depository trust fund
for the other mechanisms.
(d) An operator shall not combine a performance bond with any other
mechanism(s).
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emeigency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) and new subsection (a)(6) filed 4-1-2003; opera-
tive 5-1-2003 (Register 2003, No. 14).
§18474. Trust Fund.
(a) An operator may establish a trust fund to meet the requirements of
this Article. The trust agreement shall be submitted to the Board or its de-
signee as an originally signed duplicate. The trustee shall be an entity
which has the authority to act as a trustee, and whose trust operations are
regulated and examined by a federal or state agency.
(b) The trust agreement shall be worded as specified by using form
CIWMB 140 "Trust Agreement" (12/91) which is incorporated herein by
reference; and also shall contain original signature of the grantor and the
trustee. (See Appendix A.)
(c) The initial deposit to the trust fund shall be at least equal to the cur-
rent closure cost estimate.
(d) If the value of the fund is at any time less than the amount of the
current estimate, the operator shall either deposit an amount into the fund
so that the value of the fund at least equals the amount of the current clo-
sure cost estimate, or obtain other financial assurance, as specified in this
Article, to cover the difference.
(e) If at any time, the value of the trust fund plus the amount of cover-
age demonstrated by other mechanisms is greater than the closure cost
estimate based on the maximum quantity of waste tires permitted for stor-
age, the operator may request in writing that the Board or its designee au-
thorize the release of the excess funds. After receiving such a request, the
Board or its designee shall review the request and, if any excess funds are
verified, shall instruct the trustee to release the funds.
(f) After the Board or its designee has approved final closure, an opera-
tor or any other person authorized by the Board to perform closure, may
request reiinbursement for closure expetiditures by submitting to the
Board for review, documentation of those expenditures, including but
not limited to tire receipts. After receiving the documentation for closure
activities, the Board or its designee shall determine whether the closure
expenditures are in accordance with the closure plan or otherwise justi-
fied. After the Board or its designee has approved final closure, the Board
or its designee shall instruct the trustee, in writing, to reimburse the fund
to the grantor.
(g) The Board or its designee shall agree to termination of the trust
when:
(1) An operator substitutes alternate financial assurance as specified
in section 18479 of this Article; or
(2) The Board or its designee releases the operator from the require-
ments of this Article in accordance with section 18482.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6--2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsection (b) and amendment of subsections (e) and (f) trans-
mitted to OAL 9-23-93 and filed 11 -3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
10. Amendment of subsections (b)-(e) filed 4-1-2003; operative 5-1-2003 (Reg-
ister 2003, No. 14).
§18475. Surety Bond.
(a) An operator may establish a surety bond to meet the requirements
of this Article. The surety company issuing the bond shall, at a minimum,
be among those listed as acceptable sureties on federal bonds in the most
recent issuance of Circular 570 of the U.S. Department of the Treasury.
(b) The surety bond shall be worded as specified by using one of the
following forms which are incorporated by reference;
(1) Form CIWMB 141 (1/92) "Performance Bond," which is incorpo-
rated herein by reference, for a surety bond guaranteeing performance
(See Appendix A.); or
(2) Form CIWMB 142 (1/92) "Financial Guarantee Bond", which is
incorporated herein by reference, for a surety bond guaranteeing pay-
ment. (See Appendix A.)
(c) An operator who uses a surety bond to satisfy the requirements of
this Article, or the surety who issues the bond, shall also establish a de-
pository trust fund which meets the requirements of section 18474 of this
Article if:
(1) An operator fails to demonstrate alternate financial assurance with-
in 60 days after receiving notice of cancellation of the mechanism;
Page 806.54
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18477
(2) An operator fails to perform closure in accordance with the appli-
cable approved closure plan and permit requirements when required to
do so by the Board or its designee; or
(3) A surety fails to perform such activities on behalf of the operator.
This applies to the performance bond only.
(d) Under the terms of the bond, all payments made from the bond shall
be deposited by the surety directly into the depository trust fund.
(e) A surety company shall become liable under the terms of the bond,
if the Board or its designee determines that the operator has failed to per-
form closure as guaranteed by the bond.
(0 Under the terms of the bond, a surety may cancel the bond by send-
ing notice of cancellation by certified mail to the operator and the Board
or its designee. Cancellation shall not take effect until 120 days after the
date of receipt of the notice of cancellation by both the operator and the
Board or its designee, as evidenced by the return receipts.
(g) An operator may cancel a bond by sending written notice to the
Surety(ies), provided, however, that no such notice shall become effec-
tive until the Surety(ies) receive(s) written authorization from the Board
or its designee to terminate the bond.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correcfion of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (f) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Resis-
ter 93, No. 45).
9. Change without regulatory effect amending subsections (b)(l)-(2) filed
4-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 14).
§18476. Letter of Credit.
(a) An operator may establish a letter of credit to meet the requirements
of this section. The issuing institution shall be an entity which has the au-
thority to issue letters of credit and whose letter of credit operations are
regulated and examined by a federal or state agency.
(b) The letter of credit shall be worded as specified by using form
CIWMB 143 "Irrevocable Letter of Credit for Closure Costs" (12/91)
wliich is incorporated herein by reference. (See Appendix A.)
(c) The letter of credit shall be accompanied by a letter from the opera-
tor identifying the number, issuing institution, and date of issuance of the
letter of credit; and the name, address, facility number, and amount of
funds assured by the letter of credit for closure for each major waste tire
facility.
(d) An operator who uses a letter of credit to satisfy the requirements
of this Article or the issuing institution shall also establish a depository
trust fund which meets the requirements of section 18474 of this Article
if:
(1) An operator fails to demonstrate alternate financial assurance with-
in 60 days after receiving notice of cancellation of the mechanism; or
(2) An operator fails to perform closure in accordance with the appli-
cable approved closure plan and permit requirements when required to
do so by the Board or its designee.
(e) Under the terms of the letter of credit, all payments made from the
letter of credit shall be deposited by the financial institution issuing the
letter of credit, directly into the depository trust fund.
(f) The letter of credit shall:
(1 ) Be irrevocable and issued for a period of at least one year; and
(2) Provide that the expiration date will be automatically extended for
a period of at least one year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the operator and the
Board or its designee by certified mail of a decision not to extend the ex-
piration date. Under the terms of the letter of credit, the 1 20 days shall
begin on the date when both the operator and the Board or its designee
have received the notice, as evidenced by the return receipts.
NOTE; Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsection (c), adoption of subsection (d), and relettering of for-
mer subsection (d) to (e), and relettering of former subsection (e) to (0 trans-
mitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, fitle 1, California Code of Regulations (Register 96, No.
14).
§ 18477. Government Securities.
(a) Government securities may be used to cover closure costs only for
major waste fire facilities operated by government agencies.
(b) The terms of issuance of government securities shall specify that
proceeds from the sale of the securities shall be deposited into a financial
assurance mechanism that meets the requirements of Section 18478(d)
of this Article.
(c) The securities shall have been issued and the proceeds deposited
into the financial assurance mechanism that provides equivalent protec-
tion to a trust fund by meeting the following requirements:
(1) Proceeds from the saleof securifies shall be used exclusively to pay
for closure activities;
(2) The financial operations of the provider of the financial assurance
are regulated by a federal or state agency, or the provider is otherwise cer-
tain to maintain and disburse the assured funds properly;
(3) If the provider of financial assurance has authority to invest reve-
nue deposited into the mechanism, the provider shall exercise investment
discretion similar to a trustee; and
(4) The mechanism meets other requirements that the Board deter-
mines are necessary to ensure that the assured funds shall be available in
a fimely manner.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New secfion filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
Page 806.55
Register 2003, No. 14; 4-4-2003
§ 18478
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative ] 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including repealer
and adoption of subsections (a)-(c) transmitted to OAL 9-23-93 and filed
1 1-3-93 (Register 93, No. 45).
§ 18478. Enterprise Fund.
(a) The enterprise fund may be used to cover closure costs only for ma-
jor waste tire facilities operated by government agencies.
(b) The enterprise fund shall dedicate its revenue exclusively or with
exclusive first priority to financing closure activities.
(c) The enterprise fund shall be established and the documents shall
be worded as specified by using form CIWMB 144 "Enterprise Fund for
Financial Assurances" (3/92), which is incorporated herein by reference.
(See Appendix A.) The wording, however, may be modified to accom-
modate special circumstances on a case-by-case basis, as approved by
the Board or its designee.
(d) Revenue generated by an enterprise fund shall be deposited into a
financial assurance mechanism which:
(1) Provides equivalent protection to a tiTist fund as described in sec-
tion 18474 of this Article;
(2) Shall be funded within five years as described in Section 1 8474 of
this Article;
(3) Is used exclusively to finance closure activities and shall remain
inviolate against all other claims, including any claims by the operator,
the operator's governing body, and the creditors of the operator and its
governing body;
(4) Authorizes the Board or its designee to direct the provider of finan-
cial assurance to pay closure costs if the Board or its designee determines
that the operator has failed to perform closure activities covered by the
mechanism;
(5) Is maintained by a provider whose financial operations are regu-
lated by a federal or state agency, or the provider is otherwise certain to
maintain and disburse the assured funds properly;
(6) Is maintained by a provider who has authority to invest revenue de-
posited into the mechanism.
(7) Meets other requirements that the Board determines are necessary
to ensure that the assured amount of funds shall be available for closure
acfivifies in a timely manner.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6^22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial coirection of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 1 f-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (c) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
§ 18478.5. State Approved Mechanism.
(a) An operator may satisfy the requirements of this Chapter by obtain-
ing any other mechanism that meets the following criteria, and that is ap-
proved by the Board.
(1 ) The financial assurance mechanism(s) must ensure that the amount
of funds assured is sufficient to cover the costs assured when needed;
(2) The financial assurance mechanism(s) must ensure that funds will
be available in a timely fashion when needed;
(3) The financial assurance mechanism(s) must be obtained by the op-
erator before the first waste is received at a new facility and before any
other financial mechanism is cancelled at exisfing facilities. The finan-
cial mechanism must be maintained until the operator is released from the
financial assurance requirements under this Chapter.
(4) The financial assurance mechanism(s) inust be legally valid, bind-
ing, and enforceable under California and Federal law.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Sections 40502 and 42821, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18479. Substitution of Mechanisms by Operator.
(a) An operator may substitute any alternate financial assurance mech-
anism(s) acceptable to the Board or its designee as specified in this Ar-
ticle, provided that at all times the operator maintains an effective mecha-
nism or combination of mechanisms that saUsfies the requirements of
section 18473 of this Article, and informs the Board of such substitution.
(b) After obtaining alternate financial assurance, an operator may re-
quest that the Board or its designee terminate or authorize the termination
of a financial assurance mechanism. The operator shall submit such a re-
quest in writing with evidence of alternate financial assurance.
(c) Following written approval by the Board or its designee, the opera-
tor may cancel a financial assurance mechanism by giving notice to the
provider of financial assurance.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6^9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operafion of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
Page 806.56
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18482
§ 1 8480. Bankruptcy or Other Incapacity of an Operator or
Provider of Financial Assurance.
(a) Within 10 days after commencement of a voluntary or involuntary
proceeding under the Bankruptcy Code, Title 11, U.S.C. sections
101-1330 in which:
(1) The operator is named as debtor. Tlie operator shall notify the
Board or its designee by certified mail of such commencement.
(2) A provider of financial assurance is named as debtor, such provider
shall notify the operator and the Board or its designee by certified mail
of such commencement.
(b) An operator shall be deemed to be without the financial assurances
in the event of bankmptcy of its provider, or in the event of a suspension
or revocation of the authority of the provider to issue such coverage. If
such an event occurs, the operator shall demonstrate, to the Board or its
designee, alternate coverage as specified in this Article within 60 days
after receiving notice of the event. If the operator fails to obtain alternate
coverage within 60 days, the operator shall notify the Board or its desig-
nee within 10 days of such failure.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of section heading and subsection (a)( 1 ) transmitted to OAL 9-23-93 and
filed 1 1-3-93 (Register 93, No. 45).
§ 18481. Recordkeeping and Reporting Requirements.
(a) An operator shall maintain evidence of all financial assurance
mechanisms until the operator is released from the requirements of this
Article, as specified in section 18482. This evidence shall be maintained
at each major waste tire facility, whenever possible, or at an alternate,
designated location approved by the Board or its designee and which is
accessible to the operator, and available for the Board or its designee to
review.
(b) An operator shall maintain the following types of evidence of fi-
nancial assurance:
(1) Trust Fund. An operator using a trust fund shall maintain a copy
of the trust agreement and statements verifying the current balance of the
fund.
(2) Surety Bond. An operator using a surety bond shall maintain a copy
of the bond and any amendments to the bond.
(3) Letter of Credit. An operator using a letter of credit shall maintain
a copy of the letter of credit and any amendments to the letter of credit.
(4) Government Securities. An operator using government securities
shall maintain a copy of the following:
(A) All official resolutions, forms, letters or other pertinent documents
generated to issue the securities;
(B) The terms of issuance of the securities; and
(C) With respect to the financial assurance mechanism into which pro-
ceeds from the issuance are deposited, the information hsted in subsec-
tion (5)(C)1., 2., and 3. of this section.
(5) Enterprise Fund. An operator using a enterprise fund shall maintain
a copy of the following:
(A) All official resolutions, forms, letters, or other pertinent docu-
ments generated to establish the fund;
(B) The annual financial statements of the fund; and
(C) With respect to the financial assurance mechanism into which en-
terprise fund revenue is deposited:
1 . The mechanism, which shall identify the major waste tire facil-
ity(ies) and the current closure cost estimates covered by the mechanism;
2. A letter from an authorized officer of the institution maintaining the
mechanism, identifying the amount of coverage provided by the mecha-
nism as of the date of its establishment and each anniversary date of es-
tablishment; and
3. Documentation that the mechanism meets the requirements of sec-
tion 18478(d) of this Article.
(c) An operator shall submit current evidence of financial responsibil-
ity, as described in subsection (b) of this section, to the Board or its desig-
nee:
(1) Whenever a financial assurance mechanism is established or
amended.
(A) In the case of a trust fund, letter of credit or surety bond, such docu-
mentation shall include the original mechanisms or amendments;
(B) In the case of government securities such documentation shall in-
clude the information as specified in subsection (b)(4)(C) of this section.
(C) In the case of the enterprise fund such documentation shall include
the information as specified in subsection (b)(5)(C) of this section.
(2) When a closure plan is required to be submitted as required in Ar-
ticle 6, or when the amendment of a cost estimate is required to be sub-
mitted as required in Articles 6 or 9; or
(3) If an operator fails to increase the balance of a trust fund or an enter-
prise fund in accordance with section 18474(c) of this Article.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operafive 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsections (b)(5)(C)2. and (c)(2) transmitted to OAL 9-23-93 and
filed 1 1-3-93 (Register 93, No. 45).
§ 18482. Release from Financial Assurance Requirements
for Closure Costs.
(a) After approving the closure of a major waste tire facility as speci-
fied in Article 6 of Chapter 6, the Board or its designee shall notify the
operator in writing, that the operator is no longer required by this Article
to maintain financial assurance for closure of a particular facility; or
(b) When operational control of a major waste tire facility is trans-
ferred, the existing operator shall remain subject to the requirements of
this Article until the new operator provides acceptable financial assur-
ances to the Board or its designee. The Board or its designee shall nofify
the previous operator in writing that they are no longer required to main-
tain financial assurance for closure of that particular facility.
NOTE: Authority cited: Secfions 40502 and 42820. Pubhc Resources Code. Refer-
ence: Section 42821, Public Resources Code.
Page 806.57
Register 2003, No. 14; 4-4-2003
§ 18485
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (a) and repealer and adoption of forms transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect moving forms to section 1 8831 , appendix A
tiled 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
Article 10. Financial Responsibility
for Operating Liability Claims of
Major Waste Tire Facilities
§ 1 8485. Scope and Applicability.
(a) This Article requires operators of major waste tire facilities to dem-
onstrate adequate financial ability to compensate third parties for bodily
injury and property damage caused by facility operation.
(b) Operators of all major waste tire facilities, except state and federal
operators, shall comply with the requirements of this Article upon appli-
cation for issuance of a major waste tire facilities permit pursuant to
Chapter 6, Article 1, section 18420.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of printing error in article heading (Register 92, No. 40).
5. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
8. Editorial correction of History 5 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (a) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register
93, No. 45).
§18486. Definitions.
(a) When used in this Article, the following terms shall have the mean-
ings described in Chapter 5, Article 3.5, section 18281:
(1) "Assets";
(2) "Current assets";
(3) "Current liabilities";
(4) "Financial reporting year";
(5) "Liabilities";
(6) "Net working capital";
(7) "Net worth";
(8) "Parent corporation"; and
(9) "Tangible net worth".
(b) When used in this Article, the following terms shall have the mean-
ings given below:
(1) "Accidental occurrence" means an event, including pollution ex-
posure, which occurs during the operation of a major waste tire facility
prior to closure, that results in bodily injury and/or property damage, and
includes continuous or repeated exposure to conditions, neither expected
nor intended from the standpoint of the facility operator.
(2) "Admitted carrier" means an insurance company entitled to trans-
act the business of insurance in this state, having complied with the laws
imposing conditions precedent to transactions of such business.
(3) "Auto" means a land motor vehicle, trailer or semitrailer designed
for travel on public roads, including any attached machinery or equip-
ment. But "auto" does not include "mobile equipment."
(4) "Bodily injury" means any injury to the body, sickness or disease
sustained by a person, including death resulting from any of these at any
time. Damages because of "bodily injury" include damages claimed by
any person or organization for care, loss of services or death resulting at
any time from the "bodily injury." "Bodily injury" excludes:
(A) "Bodily injury" expected or intended from the standpoint of the
operator. This exclusion does not apply to "bodily injury" resulting from
the use of reasonable force to protect persons or property.
(B) "Bodily injury" for which the operator is obligated to pay damages
by reason of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the operator would
have in the absence of the contract or agreement.
(C) Any obligation of the operator under a workers compensation, dis-
ability benefits or unemployment compensation law or any similar law.
(D) "Bodily injury" to:
1 . An employee of the operator arising out of and in the course of em-
ployment by the operator; or
2. The spouse, child, parent, brother or sister of that employee as a con-
sequence of subsection (b)(4)(D) 1 above.
This exclusion applies:
a. Whether the operator may be liable as an employer or in any other
capacity; and
b. To any obligation to share damages with or repay someone else who
must pay damages because of the injury.
(E) "Bodily injury" arising out of the ownersliip, maintenance, use or
entrustment to others of any aircraft, "auto" or watercraft owned or oper-
ated by or rented or loaned to any operator. Use includes operation and
loading or unloading. Tliis exclusion does not apply to:
1. Parking an "auto" on, or on the ways next to, premises the operator
owns or rents, provided the "auto" is not owned by or rented or loaned
to the operator;
2. "Bodily injury" arising out of the operation of any of the equipment
listed in paragraph (F)2. or (F)3. of the definition of "mobile equipment",
found in subsection 12 below.
(5) "Corporate guarantee" means a contract meeting the requirements
of section 18494 of this Article through which a guarantor promises that,
if an operator fails to pay a claim by a third party for bodily injury and/or
property damage caused by an accidental occurrence, the guarantor shall
pay the claim on behalf of the operator.
(6) "Excess coverage" means assurance for third party bodily injury
and property damage costs that are above a specified level (i.e., above the
primary coverage level or a limit of lower excess coverage) but up to a
specified limit.
Page 806.58
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18487
•
(7) "Financial means test" means the financial assurance mechanism
specified in section 18493 of this Article by which an operator demon-
strates his or her ability to pay third party claims for bodily injury and
property damage caused by accidental occurrences by satisfying the pre-
scribed set of financial criteria.
(8) "Government securities" means financial obligations meeting the
requirements of section 18490 of this Article that are issued by a federal,
state, or local government, including but not limited to, general obliga-
tion bonds, revenue bonds, and certificates of participation.
(9) "Guarantor" means a parent corporation, or a corporation with a
substantial business relationship to the operator who guarantees payment
of a present or future obligation(s) of an operator.
( 1 0) "Insurance" means a contract meeting the requirements of section
18491 of this Article by which an insurer promises to pay a claim by a
third party for bodily injury and property damage caused by an accidental
occurrence.
(11) "Legal defense costs" means expenses that an operator or a pro-
vider of financial assurance incurs in defending claims brought:
(A) By or on behalf of a third party for bodily injury and/or property
damage caused by an accidental occurrence; or
(B) By any person to enforce the terms of a financial assurance mecha-
nism.
(12) "Mobile equipment" means any of the following types of land ve-
hicles, including any attached machinery or equipment:
(A) Bulldozers, farm machinery, forklifts and other vehicles designed
for use principally off public roads;
(B) Vehicles maintained for use solely on or next to premises the oper-
ator owns or rents;
(C) Vehicles that travel on crawler treads;
(D) Vehicles, whether self-propelled or not, maintained primarily to
provide mobility to permanently mounted:
1. Power cranes, shovels, loaders, diggers or drills; or
2. Road construction or resurfacing equipment such as graders, scrap-
ers or rollers;
(E) Vehicles not described in (A), (B), (C) or (D) above that are not
self-propelled and are maintained primarily to provide mobility to per-
manently attached equipment of the following types:
1. Air compressors, pumps and generators, including spraying, weld-
ing, building cleaning, geophysical exploration, lighting and well servic-
ing equipment; or
2. Cherry pickers and similar devices used to raise or lower workers;
(F) Vehicles not described in (A), (B), (C) or (D) above maintained pri-
marily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of perma-
nently attached equipment are not "mobile equipment" but will be con-
sidered "autos":
1. Equipment designed primarily for:
a. Snow removal;
b. Road maintenance, but not construction or resurfacing;
c. Street cleaning;
2. Cherry pickers and similar devices mounted on automobile or truck
chassis and used to raise or lower workers; and
3. Air compressors, pumps and generators, including spraying, weld-
ing, building cleaning, geophysical exploration, lighting and well servic-
ing equipment.
(13) "Primary coverage" means the first priority coverage for third
party bodily injury and property damage costs up to a specified limit
when used in combination with other coverage.
(14) "Property damage" means physical injury to tangible property,
including all resulting loss of use of that property, or loss of use of tangi-
ble property that is not physically injured. "Property damage" excludes:
(A) "Property damage" expected or intended from the standpoint of
the operator.
(B) "Property damage" for which the operator is obligated to pay dam-
ages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages that the operator
would have in the absence of the contract or agreement.
(C) "Property damages" arising out of the ownership, maintenance,
use or entaistment to others of any aircraft, "auto" or watercraft owned
or operated by or rented or loaned to any operator. Use includes operation
and loading and unloading. This exclusion does not apply to:
1 . Parking an "auto" on, or on the ways next to, premises the operator
owns or rents, provided the "auto" is not owned by or rented or loaned
to the operator;
2. "Property damage" arising out of the operation of any of the equip-
ment listed in paragraph (F)2. or(F)3. of the definition of "mobile equip-
ment", found in subsection 1 2 above.
(D) "Property damage" to:
1 . Property the operator owns, rents, or occupies;
2. Premises the operator sells, gives away or abandons, if the "property
damage" arises out of any part of those premises;
3. Property loaned to the operator;
4. Personal property in the operator's care, custody or control;
5. That particular part of real property on which the operator or any
contractors or subcontractors working directly or indirectly on the opera-
tor's behalf are performing operations, if the "property damage" arises
out of those operafions; or
6. That parficular part of any property that must be restored, repaired
or replaced because the operator's work was incorrectly performed on it.
(15) "Provider of financial assurance" means an entity, other than the
operator, that provides financial assurance to the operator of a major
waste fire facifity, including a trustee, an insurer, or a guarantor.
(16) "Substantial business relationship" means a business relafionship
that arises from a pattern of recent or ongoing business transactions.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ments transmitted to OAL 9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Amendment of subsection (b)(1) and redesignation of former subsections
(b)(4)(D) 1. and 2. as subsections (b)(4)(D)a. and b. filed 4-1-2003; operative
5-1-2003 (Register 2003, No. 14).
§ 18487. Amount of Required Coverage.
(a) An operator of one or more major waste tire facilities shall demon-
strate financial responsibility for compensafing third parfies for bodily
injury and property damage caused by accidental occurrences, including
exposures to pollufion.
(b) The required amounts of coverage shall be:
(1) $500,000 per occurrence with a $500,000 annual aggregate for
each facility permitted for 5,000 to 200,000 tires or tire equivalents; or
(2) $1,000,000 per occurrence with a $ 1,000,000 annual aggregate for
each facility permitted for 200,001 fires or more or corresponding tire
equivalents.
(c) The required amounts of coverage shall be exclusive of legal de-
fense costs, deductibles and self-insured retentions.
Page 806.59
Register 2003, No. 14; 4-4-2003
§ 18488
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) The required amounts of coverage shall apply exclusively to an op-
erator's facility or facilities located in the State of California.
(e) An operator may use one or more mechanisms to provide proof of
financial assurance.
(f) If a trust fund or government securities is depleted to compensate
third parties for bodily injuries and/or property damages caused by acci-
dental occurrences, the operator shall, within one year of the depletion,
demonstrate financial responsibility for the full amount of coverage re-
quired by section (a) by replenishing the depleted mechanism(s) and/or
acquiring additional financial assurance mechanism(s).
NOTE; Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (b) and adoption of subsections (b)(l ) and (b)(2) transmitted
to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45),
9. Amendment of subsection (a) filed 4-1-2003; operative 5-1-2003 (Register
2003, No. 14).
§ 18488. Acceptable Mechanisms and Combinations of
Mechanisms.
(a) Subject to the limitations of subsections (c) and (d) of this section,
an operator shall use any one, or any combination of the mechanisms
which are defined in the following sections:
(1) Section 18489, Trust Fund
(2) Section 18490, Government Securities
(3) Section 18491, Insurance
(4) Section 18492, Self-Insurance and Risk Management
(5) Section 18493, Financial Means Test
(6) Section 18494, Corporate Guarantee
(7) Section 18494.5, State Approved Mechanism
(b) If a combination of mechanisms are chosen, the operator shall des-
ignate one mechanism as "primary" and all others as "excess" coverage.
(c) The government securities and self-insurance and risk manage-
ment mechanisms are acceptable only for major waste tire facilities oper-
ated by government agencies.
(d) The financial means test and corporate guarantee mechanisms are
acceptable only for major waste tire facilities operated by private firms.
(1) A private operator may combine a financial means test with a cor-
porate guarantee only if, for the purpose of meeting the requirements of
the financial means test, the financial statements of the operator are not
consolidated with the financial statements of the guarantor.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 1 0-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial conection of HiSTOUY 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Amendment of subsection (a) and new subsection (a)(7) filed 4-1-2003; opera-
tive 5-1-2003 (Register 2003, No. 14).
§18489. Trust Fund.
(a) The trust fund shall have a taistee that is authorized to act as a trust-
ee and whose trust operations are regulated and examined by a federal or
state agency.
(b) The trust agreement shall be established by using form CIWMB
145 "Trust Agreement" (12/91) which is incorporated herein by refer-
ence; and also shall contain original signature of grantor and trustee. (See
Appendix A.)
(c) If, at any time, the value of the trust fund is greater than the required
amount of coverage minus the amount of coverage demonstrated by
another mechanism, the operator may request in writing that the Board
or its designee authorize the release of the excess funds. The Board or its
designee shall review the request, and if any excess funds are verified,
the Board or its designee shall instruct the trustee to release the funds.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operaUve 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be uransmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operafive 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (b) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
§18490. Government Securities.
(a) The terms of issuance of government securides shall specify that
proceeds from the sale of the securides shall be deposited into a financial
assurance mechanism that meets the requirements of secdon 1 8490(b)
below.
(b) The securities shall have been issued and the proceeds already de-
posited into the financial assurance mechanism that provides equivalent
protection to a trust fund by meeting the following requirements:
(1) Proceeds from the sale of securities shall be used exclusively to pay
claims by third parties for bodily injury and property damage caused by
accidental occurrences and shall remain inviolate against all other
claims, including any claims by the operator, the operator's governing
body, and the creditors of the operator and its governing body;
Page 806.60
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18493
(2) The financial operations of the provider of the financial assurance
are regulated by a federal or state agency, or the provider is otherwise cer-
tain to maintain and disburse the assured funds properly;
(3) If the provider of financial assurance has authority to invest reve-
nue deposited into the mechanism, the provider shall exercise investment
discretion similar to a trustee; and
(4) The mechanism meets other requirements that the Board or its de-
signee determines are necessary to ensure that the assured funds shall be
available in a timely manner.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-^2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). ACertificateof Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
§18491. Insurance.
(a) The issuer of the insurance policy shall be an insurer that, at a mini-
mum, is licensed by the California Department of Insurance to transact
the business of insurance in the State of California as an admitted carrier.
(b) If coverage is not available as specified in (a) above^ the operator
may seek coverage by an insurer which, at a minimum, shall be eligible
to provide insurance as an excess or surplus lines insurer in California.
(c) If coverage is obtained as described in section (b) of this section,
the insurance shall be transacted by and through a surplus line broker cur-
rently licensed under the regulations of the California Department of In-
surance and upon terms and conditions prescribed in the California Insur-
ance Code (CIC), Division 1, Part 2, Chapter 6.
(d) The Board or its designee may object to the use of any insurer at
anytime, whether before or after placement of coverage based on infor-
mation obtained from, but not limited to, the Surplus Line Association
of California, Best' s Insurance Reports, and/or the Non-Admitted Insur-
ers Quarterly List.
(e) Each insurance policy shall be either:
(1) Evidenced by a "Certificate of Liability Insurance" established by
using form CIWMB 146 "Certificate of Liability Insurance" (12/91),
which is incorporated herein by reference (See Appendix A.); or
(2) Amended and evidenced by a "Liability Insurance Endorsement"
established by using form CIWMB 147 "Liability Insurance Endorse-
ment" (12/91), which is incorporated herein by reference. (See Appendix
A.)
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transnutted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsections (e)(l )-(2) filed 4-2-96
pursuant to section 100, title I, California Code of Regulations (Register 96, No.
14).
§ 1 8492. Self-Insurance and Risk Management.
(a) To use the self-insurance and risk management mechanism an op-
erator shall:
(1) Be a public entity;
(2) Be self-insured;
(3) Employ a risk manager;
(4) Have an active safety and loss prevention program that seeks to
minimize the frequency and magnitude of third party damages caused by
accidental occurrences and other self-insured losses; and
(5) Have procedures for and a recent history of timely investigation
and resolution of any claims for third party damages caused by accidental
occurrences and other self-insured losses; and
(6) Satisfy any other reasonable conditions including but not limited
to the submittal of audited financial statements that the Board or its desig-
nee determines are needed to ensure that the assured amount of funds
shall be available in a timely manner.
(b) This coverage shall be demonstrated by using form CIWMB 148
(12/91), "Certificate of Self-Insurance and Risk Management", which is
incorporated herein by reference. (See Appendix A.)
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be U-ansmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (b) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
§ 18493. Financial Means Test.
(a) To pass the financial means test, an operator or a guarantor shall
be a private entity and shall meet the criteria of section (c) or (d) based
on independently audited year-end financial statements for the latest
completed fiscal year.
(b) The phrase "amount of liability coverage to be demonstrated by the
test" as used in sections (c) and (d) refers to the amount of liability cover-
age required by section 18487 of this Article.
(c) The operator or guarantor shall have:
Page 806.61
Register 2003, No. 14; 4-4-2003
§ 18494
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(1 ) Net working capital and tangible net worth each at least six times
the amount of liability coverage to be demonstrated by the test; and
(2) Tangible net worth of at least $10 million; and
(3) Assets located in the United States amounting to at least 90 percent
of its total assets or at least six times the amount of liability coverage to
be demonstrated by the test.
(d) The operator or guarantor shall have:
(1 ) A current rating for its most recent bond issuance of AAA, AA, A,
or BBB issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued
by Moody's; and
(2) Tangible net worth of at least six times the amount of liability cov-
erage to be demonstrated by the test; and
(3) Tangible net worth of at least $10 million; and
(4) Assets located in the United States amounting to at least 90 percent
of its total assets or at least six times the amount of liability coverage to
be demonstrated by the test.
(e) Within 90 days after the close of each financial reporting year, the
operator or the guarantor shall submit the following items to the Board
or its designee and. in the case of a guarantor, to the operator;
(1) A letter on the operator's or guarantor's official letterhead station-
ary that is worded and completed as specified in form CIWMB 149 "In-
structions for the Letter from the Chief Financial Officer Financial
Means Test for Liability" (12/91), which is incorporated herein by refer-
ence and which contains an original signature of the operator's or guar-
antor' s chief financial officer. (See Appendix A.) An operator or guaran-
tor shall use form CIWMB 149 to demonstrate or guarantee financial
responsibility for liability coverage only. If the operator or guarantor is
using a similar financial means test to demonstrate liability coverage for
facilities in California or other states, such as but not limited to, hazard-
ous waste treatment, storage, or disposal facilities, or solid waste land-
fills, or other waste tire facilities, the operator shall list all facilities cov-
ered by the financial means test, whether in California or not.
(2) A copy of an independent certified public accountant's report on
examination of the operator's or guarantor's financial statements for the
latest completed fiscal year, with a copy of the operator's or guarantor's
financial statements for the latest completed fiscal year.
(3) A letter from an independent certified public accountant stating
that:
(A) He or she has compared the data in the letter in secfion (e)(] ), from
the chief financial officer specified as having been derived from the fi-
nancial statements for the latest completed fiscal year of the operator or
the guarantor, with the amounts in the financial statements; and
(B) Based on the comparison, no matters came to his or her attention
that caused him or her to believe that the specified data should be ad-
justed.
(4) If the operator or the guarantor is required to make such a filing,
a copy of the operator's or guarantor's most recent form 10-K filed with
the U.S. Securities and Exchange Commission.
(t) The Board or its designee may require updated financial statements
at any time from the operator or guarantor. If the Board or its designee
finds that the operator no longer meets the financial means test require-
ments of sections (c) or (d) based on such reports or other information,
including but not limited to, credit reports and reports from other state
agencies, the operator shall obtain alternate coverage within 60 days after
receiving the notification of such a finding.
(g) If an operator using the financial means test fails to meet the re-
quirements of the financial means test under sections (c) or (d), the opera-
tor shall obtain alternate coverage within 60 days after the determination
of such failure.
(h) If the operator fails to obtain alternate coverage within the times
specified in sections (f) or (g), the operator shall notify the Board or its
designee by certified mail within 10 days of such failure.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial coirection of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsections (a) and (b) transmitted to OAL 9-23-93 and filed 1 1-3-93
(Register 93, No. 45).
9. Change without regulatory effect amending subsection (e)(1) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
§ 18494. Corporate Guarantee.
(a) The guarantor shall be:
(1) A parent corporation of the operator; or
(2) A firm whose parent corporation is also the parent corporation of
the operator; or
(3) A firm engaged in a substantial business relationship with the oper-
ator and issuing the corporate guarantee as an act incident to that business
relationship.
(b) The guarantor shall meet the requirements of the financial means
test under sections 18493(c) or (d) of this Article based on the guarantor's
audited year-end financial statements.
(c) The corporate guarantee shall be worded and completed as speci-
fied by form CIWMB 150 "Corporate Guarantee" (12/91), which is in-
corporated herein by reference. (See Appendix A.)
(d) The terms of the corporate guarantee shall specify that if the opera-
tor fails to satisfy a judgment or an award for bodily injury and property
damage to third parties caused by accidental occurrences, or fails to pay
an amount agreed in settlement of a claim arising from or alleged to arise
from such injury and damage, the guarantor shall satisfy such judgment,
award, or settiement agreement up to the limits of the corporate guaran-
tee.
(e) If the guarantor fails to meet the requirements of the financial
means test under section 1 8493(c) or (d) of this Article or wishes to termi-
nate the corporate guarantee, the guarantor shall send notice of such fail-
ure or termination by certified mail to the operator and the Board or its
designee within 90 days after the end of that financial reporting year. The
corporate guarantee shall terminate no less than 60 days after the date that
the operator and the Board or its designee have received the notice of
such failure or termination, as evidenced by the return receipts. The guar-
antor shall establish alternate coverage as specified in section 18488 of
this Article on behalf of the operator within 60 days after such notice, un-
less the operator has done so.
(0 The Board or its designee may require updated financial statements
at any time from a guarantor. If the Board or its designee finds, on the ba-
sis of such reports or information from other sources, including but not
limited to, credit reports and reports from other state agencies, that the
guarantor no longer meets the financial means test requirements of sec-
tion 18493(c) or (d) of this Article, or any requirements of section 1 8494
of this Article, the Board or its designee shall notify the guarantor and op-
erator of such finding by certified mail. The guarantor shall establish al-
ternate coverage as specified in section 1 8488 of this Article on behalf
Page 806.62
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18497
of the operator within 60 days after such notice, unless the operator has
done so.
NOTE; Authority cited: Sections 40502 and 42820, Pubhc Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Comphance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be u-ansmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Comphance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operafion of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsections (a)(3) and (e) transmitted to OAL 9-23-93 and filed
1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect amending subsection (c) filed 4-2-96 pur-
suant to section 100, title 1, Cahfornia Code of Regulations (Register 96, No.
14).
§ 18494.5. State Approved Mechanism.
(a) An operator may satisfy the requirements of this Chapter by obtain-
ing any other mechanism that meets the following criteria, and that is ap-
proved by the Board.
( 1 ) The financial assurance mechanism(s) must ensure that the amount
of funds assured is sufficient to cover the costs assured when needed;
(2) The financial assurance mechanism(s) must ensure that funds will
be available in a timely fashion when needed;
(3) The financial assurance mechanism(s) must be obtained by the op-
erator before the first waste is received at a new facility and before any
other financial mechanism is cancelled at existing facilities. The finan-
cial mechanism must be maintained until the operatoris released from the
financial assurance requirements under this Chapter.
(4) The financial assurance mechanism(s) must be legally valid, bind-
ing, and enforceable under California and Federal law.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
]. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18495. Substitution of Mechanisms by Operator.
(a) An operator may substitute any alternate financial assurance mech-
anism(s) as described in sections 18489 through 18494 of this Article,
provided that at all times the operator maintains an effective mechanism
or a combination of effective mechanisms, that satisfies the requirements
of section 18488 of this Article, and informs the Board or its designee of
such substitution.
(b) In the event an operator obtains alternate financial assurance, it
may request that the Board or its designee terminate or authorize the ter-
mination of the previous financial assurance mechanism. The operator
shall submit such a request in writing with evidence of alternate financial
assurance.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emereency order transmitted to OAL
9-23-93 and filed 1 1-3-93 (Register 93, No. 45).
§ 18496. Cancellation or Nonrenewal by a Provider of
Financial Assurance.
(a) Except as otherwise provided in section 18497 of this Article, a
provider of financial assurance may cancel or not renew a financial assur-
ance mechanism by sending a notice of termination by certified mail to
the operator and the Board or its designee.
(b) Termination of a corporate guarantee shall occur no less than 60
days after the date on which the operator and the Board or its designee
have received the notice of termination, as evidenced by the return re-
ceipts.
(c) Cancellation or nonrenewal of insurance or self-insurance and risk
management coverage shall occur no less than 60 days after the date on
which the operator and the Board or its designee have received the notice
of termination, as evidenced by the return receipts; except in the case of
non-payment of insurance premiums, in which case cancellation shall
occur no less than 10 days after the date on which the operator and the
Board or its designee have received the notice of termination.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New secfion refiled 5-29-92 as an emergency; operafive 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New secfion refiled 9-28-92 as an emergency; operative 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order transmitted to OAL
9-23-93 and filed 11-3-93 (Register 93, No. 45).
§ 18497. Bankruptcy or Other Incapacity of Operator or
Provider of Financial Assurance.
(a) Within 10 days after commencement of a voluntary or involuntary
proceeding under the Bankruptcy Code, Title 11 U.S.C. sections
101-1330 in which:
( 1 ) The operator is named as debtor, the operator shall notify the Board
or its designee by certified mail of such commencement.
(2) A provider of financial assurance is named as debtor, such provider
shall notify the operator and the Board or its designee by certified mail
of such commencement.
(b) An operator shall be deemed to be without the required financial
assurance in the event of bankruptcy of its provider of financial assur-
ance, or in the event of a suspension or revocation of the authority of the
provider of financial assurance to issue a mechanism. If such an event oc-
curs, the operator shall demonstrate alternate financial assurance as spe-
Page 806.63
Register 2003, No. 14; 4-4-2003
§ 18498
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
cified in this Article within 60 days after receiving notice of the event. If
the operator fails to obtain alternate financial assurance within 60 days,
the operator shall notify the Board or its designee within 10 days of such
failure.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New secfion filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (b) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
§ 18498. Recordkeeping and Reporting.
(a) An operator shall maintain evidence of all financial assurance
mechanisms until the operator is released from the requirements as speci-
fied in section 18499 of this Article. This evidence shall be maintained
at each major waste tire facility, whenever possible, or at an alternate,
designated location approved by the Board or its designee and which is
accessible to the operator, and available for Board staff review.
(b) An operator shall maintain the following types of evidence, and
shall maintain an original or copy of each mechanism used to demon-
strate financial responsibility under this Article:
(1) Trust Fund. An operator using a trust fund shall maintain a copy
of the trust agreement and statements verifying the current balance of the
fund.
(2) Government Securities. An operator using government securities
shall maintain a copy of the following:
(A) All official resolutions, forms, letters, or other pertinent docu-
ments generated to issue the securities;
(B) The terms of issuance of the securities; and
(C) With respect to the mechanism into which the funds generated by
the issuance are deposited:
1. Identify the major waste tire facilities covered by the fund and the
amount of third party liability coverage;
2. Include a letter from an authorized officer of the institution main-
taining the mechanism identifying the amount of funds provided by the
mechanism as of the anniversary date of each mechanism for each year;
and
3. Include a copy of the evidence documenting that the mechanism
meets the requirements of section 18490(b) of this Article.
(3) Insurance. An operator using insurance shall maintain the original
or a copy of the insurance policy in addition to the original or a copy of
the liability insurance endorsement or the certificate of liability insur-
ance.
(4) Self-Insurance and Risk Management. An operator using self-in-
surance and risk management shall maintain:
(A) The name and qualifications of the currently employed risk man-
ager;
(B) Pertinent documents verifying the ongoing activity of the opera-
tor's safety and loss prevention program; and
(C) Pertinent documents showing procedures for timely investigation
and resolution of any claims for third party damages caused by accidental
occurrences and other self-insured losses.
(5) Financial Means Test. An operator using a financial means test
shall maintain a copy of the information specified in section 1 8493(e) of
this Article.
(6) Corporate Guarantee. An operator using a corporate guarantee
shall maintain documentation of the corporate guarantee as specified in
sections 1 8494(a),(b),and (c) of this Article.
(c) An operator shall submit the documentation of current evidence of
financial responsibility listed in section i8498(b) to the Board or its de-
signee whenever a financial assurance mechanism is established or
ainended:
(1) In the case of a trust fund such documentation shall include the
original mechanism and a copy of the current statement verifying the bal-
ance of the account;
(2) In the case of government securities such documentation shall in-
clude the information as specified in section 18498(b)(2) of this Article;
(3) In the case of a financial means test, or a corporate guarantee, such
documentation shall include the original mechanism; or
(4) In the case of insurance or self-insurance and risk management,
such documentation shall include the original liability insurance en-
dorsement, certificate of liability insurance, or certificate of self-insu-
rance and risk management.
(d) An operator shall submit written notice to the Board or its designee
of the number of claims paid and the total dollar amount paid as a result
of an accidental occurrence at an operating facility. This information
shall be compiled for the previous calendar year and submitted to the
Board or its designee by March 1st of each year.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1 . New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operafi ve 1 0-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of subsection (b) transmitted to OAL 9-23-93 and filed 1 1-3-93 (Regis-
ter 93, No. 45).
§ 18499. Release of an Operator from the Requirements.
(a) After approving the closure of the major waste tire facility as speci-
fied in Article 6, the Board or its designee shall notify the operator and
the provider of financial assurance in writing, that he or she is no longer
required to demonstrate financial responsibility by this Article for third
party operating hability, at the particular facility.
(b) When operational control of a major waste tire facility is trans-
ferred, the existing operator shall remain subject to the requirements of
this Article until the new operator provides acceptable financial assur-
ances to the Board or its designee.
NOTE: Authority cited: Sections 40502 and 42820, Public Resources Code. Refer-
ence: Section 42821, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or
emergency language will be repealed by operation of law on the following day.
Page 806.64
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18499.6
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92,
No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92,
No. 40). A Certificate of Compliance must be transinitted to OAL by 2-3-92
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93,
No. 5). A Certificate of Compliance must be transinitted to OAL 6-2-93 or
emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93;
disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93,
No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93
or emergency language will be repealed by operation of law on the following
day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amend-
ment of text and repealer and adoption of forms transmitted to OAL 9-23-93
and filed 1 1-3-93 (Register 93, No. 45).
9. Change without regulatory effect moving forms to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
Article 11. Financial Assurances
Enforcement Procedures for Major Waste
Tire Facilities
§ 1 8499.1 . Scope and Applicability.
All operators of major waste tire facilities shall be subject to the re-
quirements of this article, except state and federal operators.
NOTE: Authority cited: SecUons 40502, 42850 and 42850.1, Public Resources
Code. Reference: Secfions 40502, 42850 and 42850.1, Public Resources Code.
History
1 . New article 1 1 (sections 18499.1-18499.9) and section filed 4-1-2003; opera-
tive 5-1-2003 (Register 2003, No. 14).
§18499.2. Definitions.
(a) "Degree of non-compliance" means the status of compliance of an
operator with the financial assurance requirements. An operator is either:
1) partially out of compliance with the requirements ("Minor"); or 2)
completely out of compliance with the requirements ("Major").
(b) "Potential for harm" means the degree to which operator's actions
adversely affect the public health, safety and the environment. This po-
tential is based on the number of tires for which that facility is permitted.
(1) Major: 1,000,001 tires or more, or tire equivalents.
(2) Moderate: 200,001 to 1,000,000 tires or tire equivalents.
(3) Minor: 5000 to 200,000 tires or tire equivalents.
NOTE: Authority cited: Sections 40502. 42850 and 42850.1, Public Resources
Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code.
History
I. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.3. Notice of Violation.
(a) The CIWMB shall send a written Notice of Violation to an operator
violating the requirements of Articles 9 or 10 of this Chapter (commenc-
ing with section 18470).
(b) The Notice of Violation shall:
(1) describe the violation which CIWMB staff believe is occurring;
and
(2) describe the consequences of continued failure to comply or re-
spond.
(c) All operators shall submit a response to a Notice of Violation with-
in 10 working days from receipt of the Notice of Violation.
(d) The CIWMB may consider all contacts with an operator as "good
faith" efforts to comply with this Chapter, and the CIWMB may extend
the timeframe for an operator to respond and/or comply, as the CIWMB
deems necessary, to assure adequate financing for closure activities and
operating liability.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18499.4. Issuance of Notice and Order, Cleanup and
Abatement Order, and/or Stipulated Notice and
Order.
(a) If an operator fails to respond to the Notice of Violation within the
specified timeframe, the CIWMB shall draft and send a Notice and Order
or Cleanup and Abatement Order to the operator.
(b) An operator shall respond to the CIWMB with evidence of com-
pliance, or request an alternate schedule for compliance, within 1 0 work-
ing days from receipt of the Order.
(c) If an operator responds to the Order by offering partial compliance
immediately, and full compliance over a period of time, which is accept-
able to the CIWMB, the CIWMB may enter into a Stipulated Notice and
Order with the operator.
(d) If an operator fails to conform with the compliance schedule within
the specified timeframe as provided in the Notice and Order, Cleanup and
Abatement Order or Stipulated Notice and Order, further enforcement
action may be taken by the CIWMB, as specified in the Notice and Order,
Cleanup and Abatement Order, or Stipulated Notice and Order.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code.
History
1 . New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18499.5. Compliance Options.
(a) The CIWMB may consider compliance options other than impos-
ing penalties, to assure adequate financing for closure activities and oper-
ating liability. The CIWMB may consider options that include, but are
not limited to:
(1) Placing restrictions on current financial assurance mechanism(s)
being used by the operator such as more frequent reporting requirements.
(2) Prohibiting use of current financial assurance mechanism(s) being
used by the operator, and requiring the operator to estabhsh an alternate
mechanism as prescribed in section 18473 and 18488 of this Title.
NOTE; Authority cited: Section 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42850 and 42850.1 Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.6. Penalty Calculations.
(a) If the CIWMB chooses to impose a penalty, the daily penalty shall
equal an amount determined by the gravity-based matrix, in Table 1 , us-
ing the degree of non-compliance and the potential for harm as the decid-
ing factors, added to the economic benefit an operator receives from non-
compliance with this Chapter.
Table 1.
Potential for Harm
Major
Degree of Non-Compliance
Major Minor
$10,000
to
$905
$904
to
$804
Moderate
$803
to
$703
$702
to
$652
Minor
$651
to
$551
$550
to
$500
(1) The economic benefit portion of a penalty for lack of liability cov-
erage shall be based on a minimum annual premium for liability insur-
ance, as identified by a CIWMB survey of the insurance industry. The
premium is multiplied by the number of years an operator is out of com-
pliance (rounded up to the next whole year if a partial year of non-com-
pliance exists).
(2) The economic benefit portion of a penalty for lack of coverage for
closure costs shall be based on the current cost of a letter of credit or bond,
Page 806.65
Register 2003, No. 14; 4-4-2003
§ 18499.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
as identified by a CIWMB survey of the banking industry or insurance
industry, respectively. The cost for a letter of credit or bond is multiplied
by the pro-rata factor for the length of time of non-compliance.
(b) Determinations of penalty amounts may be modified by the
CIWMB for one or more of the following reasons:
(1) Evidence that coverage has been subsequently provided, such as
bank statements, letter from county treasurer verifying balance of fund,
certificate demonstrating adequate coverage, etc.
(2) Evidence of a payment schedule, if applicable, detailing the opera-
tor's good faith efforts has been subsequently provided, such as past de-
posits to the financial assurance mechanism, etc.
(3) An operator's good faith efforts to comply or lack of good faith.
(4) An operator's degree of willingness to comply.
(5) An operator's history of compliance.
(6) Other unique factors such as size of operation, threat to public
health and safety and the environment.
(c) Penalties may be pursued by the CIWMB administratively or
through superior court as specified in Public Resources Code, sections
42850 and 42850. 1.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18499.7. Processing and Collection of Civil Penalty.
Processing and collection of civil penalties shall be made by the
CIWMB as provided in Public Resources Code Section 42855.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42850, 42850.1 and 42855, Public Resources
Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§18499.8. Appeals Process.
Any aggrieved person may appeal a Notice and Order or Cleanup and
Abatement Order by the CIWMB, according to Public Resources Code,
section 42854.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42850, 42850.1 and 42854, Public Resources
Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§ 18499.9. Continued or Recurring Violations.
(a) If an operator pays an initial penalty but fails to correct the violation
pursuant to Notice and Order or Cleanup and Abatement Order, or has
recurring violations within a one year period from the date of the preced-
ing Notice of Violation:
(1) the CIWMB may re-initiate the enforcement process;
(2) the CIWMB may pursue action to revoke a permit, according to
Public Resources Code section 42843, and/or pursue closure of the facil-
ity;
(3) the CIWMB may pursue both (1) and (2) above.
NOTE: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources
Code. Reference: Sections 40502, 42843, 42850 and 42850.1, Public Resources
Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
Chapter 7. Special Waste Standards
NOTE: Authority cited: Sections 68042 and 66770, Government Code and Section
24389, Health and Safety Code. Reference: Chapter 1 of Title 7.8 and Sections
66770, 6677 1 , Government Code and Chapter 3.5 of Division 29, Health and Safe-
ty Code.
History
1 . New Chapter 7 (Articles 1 -5, consecutive; Sections 1 8500-1 8546, not consecu-
tive) filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer of Chapter 7 (Articles 1-5, Sections 18500-18548. not consecutive)
filed 2-3-83; effective thirtieth day thereafter (Register 83, No. 6).
Article 1. General
§18500. Scope.
The regulations contained in chapter 7 pertain to the California Inte-
grated Waste Management Board's requirements regarding activities re-
lated special wastes, including but not limited to household hazardous
wastes.
NOTE: : Authority Cited: Sections 40502 and 41 824, Public Resources Code. Ref-
erence: Sections 40052 and 46400, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
Article 1.1. Definitions
§18502. Definitions.
(a) The following definitions shall apply to the regulations contained
in this chapter.
(1 ) "Act" means the Solid Waste Disposal Site Hazard Reduction Act
of 1989 (Statutes of 1989. chapter 1095).
(2) "Account" means the Solid Waste Disposal Site Cleanup and
Maintenance Account described in section 46800 of the Public Re-
sources Code.
(3) "Applicant" means a city, county or local agency applying for a
grant award.
(4) "Board" means the California Integrated Waste Management
Board.
(5) "DTSC" means the Department of Toxic Substances Control.
(6) "Fiscal Year" means the year commencing on the first day of July
and ending on June 30 of each year.
(7) "Grant" means an award of funds in either one of the following
manners
(A) "Discretionary Grant" means an award of funds to a city, county
or local agency which is based on the evaluation and selection of the
applicant's proposed or implemented Household Waste Program pur-
suant to section 18533.1 of article 2.2, and which is subject to fund avail-
ability in the Account after all non-discretionary grants have been
awarded.
(B) "Non-discretionary Grant" means an award of funds to a city,
county or local agency which has implemented a Household Hazardous
Waste Program during the fiscal year prior to the grant application; and
which meets the specific criteria for the non-discretionary award pur-
suant to section 18515 of article 2.1.
(8) "Grant Agreement" means the written document, any amend-
ment(s) and written change orders thereto, which is signed by the Board
or its designated representative and the grant recipient and which defines
the terms, provisions and conditions governing the grant. The terms of
the grant agreement shall be for a period negotiated between the grant re-
cipient and the Board.
(9) "Grant Recipient" means the city, county or local agency which re-
ceives a grant award from the Board.
(10) "Grant Year" means that time period in which the grant applica-
tion submittal process, selection and award distribution will occur. The
time period will begin on the first day of July in one year and end on June
30 of the next calendar year.
(11) "Hazardous Waste" (HW) means waste as defined in section
40141 of the Public Resources Code and section 251 1 7 Health and Safety
Code: that is, waste or combination of wastes, which because of its quan-
tity, concentration, or physical, chemical, or infectious characteristics
may do either of the following:
(A) Cause, or significantly contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness.
(B) Pose a substandal present or potential hazard to human health or
the environment when improperly treated, stored, transported, or dis-
posed of, or otherwise managed.
Page 806.66
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18506
(12) "Household Hazardous Waste" (HHW) means waste materials
determined by the Board, the Department of Toxic Substances Control
(DTSC), the State Water Resources Control Board (S WRCB), or the Air
Resources Board (ARB) to be:
(A) Of such a nature that they must be listed as hazardous in state stat-
utes and regulations; or are
(B) Toxic/ignitable/corrosive/reactive; and
(C) Carcinogenic/mutagenic/teratogenic; which is discarded from
householders as opposed to businesses.
(13) "HHW Program" means a program sponsored by a city, county
or local agency which results in the separation of HW and/or HHW from
the solid waste stream. An HHW Program may include, but is not limited
to, the following activities:
(A) Load Checking Programs;
(B) Collection Programs
1) Periodic
2) Permanent
3) Mobile Collection Program
4) Residential Pick-up Service;
(C) Waste Control and Enforcement Programs;
(D) Educational Programs; and/or
(E) Other program activities incorporating reuse, reduction, or recycl-
ing of HW and HHW.
(14) "Jurisdiction" means a city, county, or local agency with respon-
sibility for waste management.
(15) "Load Checking Program" means a program which provides for
physical inspection and removal of hazardous wastes from the incoming
waste stream at any solid waste facility, as defined in section 40194 of
the Public Resources Code.
(16) "Local agency" means any public agency which is responsible for
waste management and which sponsors a program(s) to prevent the dis-
posal of H and/or HHW at a solid waste disposal facility.
(17) "Local Funding" means those monies originating solely from a
jurisdiction which are to be used or were used to conduct a HHW collec-
tion program.
(18) "Mobile Collection Program" means two or more permanent
household hazardous waste collection sites utilizing at least one trans-
portable container for the sites and operated on an intermittent schedule.
(19) "Periodic HHW Collection Program" means a program in which
a jurisdiction sponsors HHW collection activities at least once a year with
each collection event beginning and ending within a one week period
(seven days).
(20) "Permanent HHW Collection Program" means a program in
which a jurisdiction sponsors the maintenance of a permanent HHW col-
lection program at a specific site which is open to the public at least for
one day, or a portion of that day, each week.
(21) "Proposal" means that part of a discretionary grant application
from a jurisdiction specifying its intent to establish or implement a HHW
Program, commencing in the fiscal year following the application period,
which consists of a newly established program or incorporates a new or
added service or capability to an existing HHW program.
(22) "Recycling Activities" means those projects which divert hazard-
ous materials from non-hazardous solid waste landfills; and which uti-
lize one or more of the processes for collecting, sorting, cleansing, treat-
ing, and reconstituting materials that would otherwise become solid
waste, and returning them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products which meet the quali-
ty standards necessary to be used in the market place. "Recycling" does
not include transformation, as defined in section 40201 of the Public Re-
sources Code.
(23) "Reduction" means to use only the required amount of a product
which contains a hazardous ingredient(s) for a specific task; and/or to use
a product containing a lesser amount of a hazardous ingredient(s) in com-
parison with other brands of the same type of product.
(24) "Regional" means any area which included two or more jurisdic-
tions responsible for waste management. This includes two or more ci-
ties, two or more counties, or two or more local agencies, or the combina-
tion of a city (cities), a county (counties) and/or local agency (agencies).
(25) "Residential Pick-up Service" means the service sponsored by a
city, county or local agency for the residents of a community whereby
HHW is picked up from each resident's home.
(26) "Reuse" means the use of a product containing a hazardous ingre-
dient after it is no longer needed by the person who originally purchased
and/or used the product.
(27) "Waste Control and Enforcement Programs" means a program as
provided in section 46400(b) of the Public Resources Code.
NOTE: Authority ciled: Sections 40502, 46205 and 46208, Public Resources
Code. References: Section 40180, 40201, 46400 and 46401, Public Resources
Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code
section n 346.2(d) (Register 92, No. 30).
Article 2. General Provisions
§ 18504. Scope and Applicability.
a) The regulations contained in this article set forth the criteria needed
by cities, counties and local agencies responsible for waste management
to apply for and receive a grant of funds from the Solid Waste Disposal
Site Cleanup and Maintenance Account (Account).
b) This article applies to all cities, counties and local agencies which
are either:
1. currently implementing a program or activity which prevents the
disposal of HW, including HHW into solid waste landfills, or
2. proposing the establishment of programs or services to prevent the
disposal of HW; including HHW; into solid waste landfills.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 46400 and 46401, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 11 346.2(d) (Register 90, No. 46).
§ 1 8505. Programs Eligible for Funding.
HHW Programs eligible for funding from the account include, but are
not limited to, the following activities:
(a) Load Checking Programs;
(b) Collection Programs
1) Periodic
2) Permanent
3) Mobile
4) Residential Pick-up Service;
(C) Waste Control and Enforcement Programs;
(D) Educational Programs; and/or
(E) Other program activities incorporating reuse, reduction, or recycl-
ing of HW and HHW.
NOTE: Authority cited: Sections 46205, 46208, 46400 and 46401, Public Re-
sources Code. Reference: Sections 46400 and 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 11 346.2(d) (Register 90, No. 46).
§ 18506. Grant Application Process.
a) A jurisdiction, with an eligible program, shall submit the documents
specified in section 18515 of article 2.1 or sections 18533 and 18533.1
of article 2.2, whichever are applicable, in order to apply for a grant
award.
b) Documents required in (a) of this section shall be submitted to the
principal place of business of the California Integrated Waste Manage-
ment Board, in care of the HHW Management Program.
c) An original and three (3) copies of the documents required in (a) of
this section shall be submitted to the Board. All materials submitted will
become the property of the Board and will be retained for a minimum of
three years.
Page 806.66(a)
Register 2003, No. 14; 4-4-2003
§ 18510
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
d) The required application documents shall be received by the Board
on or before the close of the application period specified in either section
18511 ofarticle2. 1 or section 18531 of article 2.2, whichever is applica-
ble.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 46400 and 46401, Public Resources Code.
History
1. New section filed 8-30-90: operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90. No. 46).
Article 2.1. Non-Discretionary Grants
§18510. Grant Eligibility.
NOTE: Authority cited: Sections 46205, 46208 and 46401, Public Resources
Code. Reference: Section 46401, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90. No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing article 2.1 (sections 1 85 1 0-1 8522)
and section filed 3-28-96 pursuant to section 100, title 1, California Code of
Regulations (Register 96, No. 13).
§ 1 851 1 . Grant Application Period.
Note: Authority cited: Sections 46205. 46208 and 46401, Public Resources
Code. Reference: Section 46401, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1 346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 13).
§18512. Grant Amount.
NOTE: Authority cited: Sections 46205, 46208 and 46401, Public Resources
Code. Reference: Section 46401, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 30).
3. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 13).
§ 1 851 5. Contents of the Grant Application.
NOTE: Authority cited: Sections 46205, 46208, 46400 and 46401, Public Re-
sources Code. Reference: Sections 46400 and 46401, Public Resources Code.
[The next page is 806.67.
Page 806.66(b)
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18533
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Amendment of subsections (b) and (d) and new subsections (e)-(g) filed
7-22-92; operative 7-22-92 pursuant to Government Code section 1 1 346.2(d)
(Register 92, No. 30).
3. Change without regulatory elTect repealing section filed 3-28-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 13).
§ 1 8520. Review of Grant Application.
NOTE: Authority cited: Sections 46205, 46400 and 46401, Public Resources
Code. Reference: Sections 46400 and 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 13).
§ 1 8521 . Payment of Grant Funds.
NOTE: Authority cited: Sections 46205, 46208, Public Resources Code. Refer-
ences: Sections 46401 and 46810, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, title I, California Code of Regulations (Register 96, No. 13).
§ 18522. Auditing Requirements.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Section 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 13).
Article 2.2. Discretionary Grants
§18530. Grant Eligibility.
a) A jurisdiction which has not received a non-discretionary grant in
accordance with Article 2.1, Section 18512, and which submits a grant
application for a HHW program to ensure that HW, including, but not
limited to, HHW, is not disposed of in a solid waste landfill, and which
meets the definition of a HHW Program under Section 18502(a)(13) and
that of a proposal under Section 18502(a)(21) of this Chapter, is eligible
for a discretionary grant.
b) A jurisdiction which has received a non-discretionary grant in ac-
cordance with article 2.1, section 18512, remains eligible to receive a dis-
cretionary grant under this article for the following:
1) A HHW program which meets the definitions under Section
18502(a)(13) and Section 18502(a)(21) of this Chapter; and/or
2) a portion of an HHW program which was not funded under article
2.1 of this chapter in the same grant year.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 46400 and 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92 pursuant to Government Code
section 11 346.2(d) (Register 92, No. 30).
§ 1 8531 . Grant Application Period.
Applications for discretionary grants will be accepted beginning on
the first Monday in December of each year commencing in December,
1990, until 4:00 p.m. on the last Friday in February of the next calendar
year. Applications received after that date will be returned to the appli-
cant.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Secfion 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
secfion 1 1346.2(d) (Register 90, No. 46).
2. Amendment filed 7-22-92: operative 7-22-92 pursuant to Government Code
secfion 1 1346.2(d) (Register 92, No. 30).
§ 18532. Grant Amount.
The Board may award a discretionary grant to an eligible jurisdiction
in an amount to determined by the Board, but the amount shall not exceed
$120,000 for any individual grant. The award amount will be based upon
the amount of monies remaining in the Account after all non-discretiona-
ry grants have been awarded for the previous calendar year.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Secfions 46400 and 46401, Public Resources Code.
History
1 . New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
secfion 1 1346.2(d) (Register 90, No. 46).
§ 1 8533. Contents of the Grant Application.
Any jurisdiction which applies for a discretionary grant shall submit
an application to the Board which includes, but is not limited to, the fol-
lowing:
a) An application cover sheet, CIWMB Form 302, 3/90 which is incor-
porated by reference.
b) A grant application shall, at a minimum, incorporate the following
elements describing the proposed or implemented program:
1 ) A description of the HHW disposal problein in the applicant's juris-
diction, including, the amount of HHW generated in the geographic area
to be serviced. Include a discussion of the jurisidiction's Waste Genera-
tion Study as it relates to the identified HHW disposal problem.
2) The HHW Element of the Countywide Integrated Waste Manage-
ment Plan prepared pursuant to Public Resources Code section 41750.
3) A general description of program goals or objectives for the pro-
posed or completed program, including specific actions which will be
taken or have been taken to mitigate the HHW disposal problem. This
section must include a description of the program being proposed and
discuss the proposed program in relation to the applicant's HHW Ele-
ment.
4) An identification of the tasks necessary to complete the proposed
program and an implementation schedule for the proposed tasks.
5) The geographic area to be serviced, or the geographic area that was
serviced.
6) A budget report describing the costs for each completed program
or proposed project within the overall HHW program. This shall include
the actual or projected costs of staff, hazardous waste contractor fees, and
the actual or projected costs for education, public awareness and/or ad-
vertising.
7) A description of funding sources other than the Account, which will
be used, or which have been used for the program.
8) A report on insurance coverage for the project(s) as required by title
22, California Code of Regulations, section 66264.147, if applicable.
9) A copy of or status report on any required variances or permits from
the DTSC, and the federal Environmental Protection Agency generator
identification number.
1 0) A description of any recycling and/or reuse efforts for HHW which
will be, or which have been, utilized in conjunction with the proposed
project, or completed program, whichever is applicable.
1 1) A description of public education and awareness efforts to be uti-
lized or which have been utilized.
12) A description of cooperative efforts between local government
agencies and interested citizen associations and groups, if any, regarding
implementation of the program.
13) Methods of jurisdiction plans to use to evaluate the success of the
program, or methods which were used to evaluate the success of the pro-
gram, whichever is applicable.
14) A resume of management personnel for the program, detailing
their qualifications and experience.
15) A resolution from the jurisdiction's governing body authorizing
submittal of the grant application and identifying the individual autho-
rized to execute all necessary applications, contracts, agreements and
amendments to carry out the purposes specified in the application.
Page 806.67
Register 96, No. 14; 4-5-96
§ 18533.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
c) The grant application for a discretionary grant may be accompanied
by a list of the costs associated with the implementation of specific tasks
of the grant application required by (a)(3) in order for the Board to pro-
vide partial funding for the program.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 41750, 46400 and 46401, Public Resources Code; section
25135.1(d)(4), Health and Safety Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Repealer of subsection (b) and Note and removal of text froin section 18533.1
to section 1 8533 and amendment filed 7-22-92; operative 7-22-92 pursuant to
Government Code section 1 1346.2(d) (Register 92, No. 30).
§ 1 8533.1 . Contents of the Grant Proposal.
NOTE: Authority cited; Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 41 750 and 46401 , Public Resources Code; Section 25 1 35. 1 (d)(4).
Health and Safety Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
2. Removal of text to section 18533 and amendment filed 7-22-92; operative
7-22-92 pursuant to Government Code section 1 1346.2(d) (Resister 92, No.
30).
§ 18534. Review of Grant Application.
a) The Board shall review a discretionary grant application for the fol-
lowing:
1) to verify that the application is complete; and
2) to verify that the grant proposal incorporates the elements required
by sections 18533 and 18533.1 of this article; and
3) to evaluate the application to determine its eligibility for partial
funding of an HHW Program.
b) The Board may request additional information related to the discre-
tionary grant application required pursuant to section 18533 of this ar-
ticle. The applicant will have 10 (ten) working days, or as specified by
the Board, to submit the requested information to the Board or it will be
disqualified from consideration for a discretionary grant.
NOTE: Authority cited: Sections 46205 and 46208, Public Resources Code. Refer-
ence: Sections 46400 and 46401.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
§ 1 8534.1 . Selection of Grant Recipient.
a) The Board shall select one or more grant recipients based upon the
recipient's satisfaction of the grant proposal elements required pursuant
to section 18533.1 of this article.
b) Tlie Board shall give lower priority for grant awards to grant appli-
cants who have received funding for non-discretionary grants under ar-
ticle 2. 1 of this Chapter in the same grant year; and for those applicants
who had received discretionary grant funding in the year prior to the cur-
rent grant year cycle.
NOTE: Authority cited: Sections 46208, Public Resources Code. Reference: Sec-
tions 46400 and 46401 , Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
secfion 1 1346.2(d) (Register 90, No. 46).
2. Amendment of subsecfion (b) filed 7-22-92; operative 7-22-92 pursuant to
Government Code secfion 11346.2(d) (Register 92, No. 30).
§ 18535. Payment of Grant Funds.
Discretionary grant recipients will be awarded grant funds no later
than June 30 of each year, commencing in June, 1991.
NOTE; Authority cited: Sections 46208 and 46400, Public Resources Code. Refer-
ence: Section 46401, Public Resources Code.
History
1. New secfion filed 8-30-90; operadve 8-30-90 pursuant to Government Code
secfion 11346.2(d) (Register 90, No. 46).
§18536. Grant Agreement.
a) The grant recipient and the Board shall enter into a written grant
agreement which contains the grant proposal as approved and which
identifies and ensures compliance with the terms and conditions speci-
fied in section 18536.1 and any other special conditions or terms which
the Board may deem necessary.
b) Written Approval of Changes to Grant Agreement. The recipient
shall obtain prior written approval from the Board, or its designated rep-
resentative, for any changes to the grant agreement. All requests shall in-
clude a description of the proposed change(s) and the reason(s) for the
changes.
NOTE: Authority cited: Secfion 46208, Public Resources Code. Reference: Sec-
fion 46205, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1 346.2(d) (Register 90, No. 46).
§ 1 8536.1 . Terms and Conditions of a Grant Agreement.
The grant recipient shall comply with the following terms and condi-
tions:
a) Quarterly Progress Reports. The grant recipient shall submit a quar-
terly progress report to the Board within 30 days following the end of
each quarter. The report shall include, but not be limited to:
1) A statement that the pi"ogram(s) is or is not on schedule, and a de-
scription of the program tasks or milestones and the status of each. Perti-
nent reports or interim findings shall be appended.
2) A discussion of any difficulties or special problems encountered in
accomplishing the project tasks.
3) A financial report comparing costs to date with the approved scope
of work and the original budget. The report should state whether the pro-
gram(s) is progressing within the approved budget, and an explanation
of any current or anticipated deviations. The report shall include a Bal-
ance Sheet showing the program's current assets and liabilities as well
as a Statement of Expenditures.
4) A report of any changes in management personnel.
5) The report for the fourth quarter will be the Final Report required
pursuant to (e) of this section.
b) Compliance. Grant recipients shall comply with all applicable fed-
eral, state and local laws, ordinances, regulations and permits. The recipi-
ent shall secure any permits or variances required by the DHS and EPA
and any other authorities having jurisdiction over the program(s) includ-
ing but not limited to, the California Integrated Waste Management
Board and the appropriate Regional Water Quality Control Boards. The
grant recipients shall maintain or revise all applicable permits, such as
solid waste facility permits, as needed.
c) Auditing.
1) All grant recipients shall maintain an accounting system for the pro-
gram that utilizes generally accepted accounting principles and practices.
The Board, the State Controller's Office and the State Auditor General's
Office or their designated representative(s) shall have absolute right of
access to all of the grant recipient's records pertaining to the grant agree-
ment in order to conduct reviews and/or audits.
2) In addition to accounting records, all source documents associated
with the accounting records shall be maintained. Source documents in-
clude, but are not limited to, bid summaries, contracts with the grant re-
cipient, change orders showing approval by a city or county engineer,
purchase orders, invoices, paid warrants, time sheets, labor distribution
reports and payroll registers.
3) The accounting records and source documents shall be retained by
the grant recipient for at least three (3) years after expiration of the grant
agreement, or until the completion of a Board action and/or resolution of
issues which may arise as a result of any litigation, claim negotiation or
audit.
4) If an audit reveals that grant funds have not been spent in accordance
with the grant agreement, the recipient shall be required to forfeit the un-
expended portion of the grant and repay any improperly spent monies,
plus interest at the rate the state would have earned on this money had it
remained in the Account. Such forfeitures shall revert to the Account.
d) Grant Termination. The Board may terminate any grant in whole,
or in part, at any time before the date of completion, whenever it is deter-
Page 806.68
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18573
mined by the Board as a whole, that the recipient has failed to comply
with the terms or conditions of the grant agreement. The Board shall
notify the recipient within five working days, in writing, of the determi-
nation, the reasons for the termination of the grant, and the effective date
of termination.
e) Final Report. At the end of each fiscal year during which funds are
received, the grant recipient shall submit a final report. The report shall
be submitted within 60 days of the end of the fiscal year and include, but
not be limited to:
1 ) A Table of Contents.
2) A brief summary of the objectives of the grant and how these objec-
tives were accomplished.
3) Any findings, conclusions, or recommendations for additional acti-
vities which result from the successful completion of the program for the
grant year. A statement, if applicable, of future public and/or private sup-
port to maintain or further develop the program.
4) A list of contractors who participated, in whole or in part, in the
grant program, including the names, addresses and a description of their
work.
5) Final Financial Statement for the Program. This report shall provide
information that enables the Board to determine the final specific use for
all grant funds. It shall indicate all other sources of funds utilized by the
program. The report shall also account for all revenues generated by the
program.
NOTE: Authority cited: Sections 46205 and 46208 Public Resources Code. Refer-
ence: Section 46401, Public Resources Code.
History
1. New section filed 8-30-90; operative 8-30-90 pursuant to Government Code
section 1 1346.2(d) (Register 90, No. 46).
Article 3. Used Oil Collection
Demonstration Grant
History
1. Article 3 (sections 18550-18551) repealed by operation of Government Code
section 11346.1(g) (Register 93, No. 15).
Article 4. General Provisions
History
1. Article 4 (sections 18552-18554) repealed by operation of Government Code
section 11346.1(g) (Register 93, No. 15).
Article 5. Grants
History
1. Article 5 (sections 18555-18561) repealed by operation of Government Code
section 11346.1(g) (Register 93, No. 15).
Chapter 7.2. Playground Safety and
Recycling Act Grant Program
Article 1. General
§ 18570. Authority and Purpose.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
1 15814, Health and Safety Code. Reference: Sections 1 15810. 1 15811. 115812,
115813, 115814, 115815and 115816, Health and Safety Code.
History
1. New chapter 7.2 (articles 1-5, sections 18570-18580) article 1 (section 18570)
and section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New chapler7.2 (articles 1-5, sections 18570-18580) article 1 (section 18570)
and section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Register
2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Govemment Code section 1 1 346. 1 (g) (Register 2001 ,
No. 15).
4. New chapter 7.2 (articles 1-5, sections 1 8570-1 8580), article 1 (section 1 8570)
and section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001. No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2001 ,
No. 35).
Article 2. Definitions
§18571. Definitions.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 1 15725, 1 15730, 1 15735,
115810, 115811, 115812 and 1 15813, Health and Safety Code; Sections 21067
and 42002, Public Resources Code; and Section 12200, Public Contract Code.
History
1 . New article 2 (section 1 857 1 ) and section filed 8-1 0-2000 as an emergency; op-
erative 8-10-2000 (Register 2000, No. 32). A Certificate of Compliance must
be transmitted to OAL by 12-8-2000 or emergency language will be repealed
by operation of law on the following day.
2. New article 2 (section 1 8571) and section refiled 12-8-2000 as an emergency;
operative 12-8-2000 (Register 2000, No. 49). A Certificate of Compliance
must be transmitted to OAL by 4-9-2001 or emergency language will be re-
pealed by operation of law on the following day.
3. Repealed by operation of Govemment Code section 1 1 346. 1 (g) (Register 2001 ,
No. 15).
4. New article 2 (section 1 857 1 ) and secfion filed 4-1 1-2001 as an emergency; op-
erative 4-11-2001 (Register 2001, No. 15). A Certificate of Compliance must
be transmitted to OAL by 8-9-2001 or emergency language will be repealed by
operation of law on the following day.
5. Repealed by operation of Govemment Code section 1 1346. 1(g) (Register 2001,
No. 35).
Article 3. Eligible Local Public Agencies
and Eligible Projects
§ 18572. Eligible Local Public Agencies.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 115810, 115811 and
1 15813, Health and Safety Code.
History
1 . New article 3 (sections 18572-18573) and section filed 8-10-2000 as an emer-
gency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 12-8-2000 or emergency language will
be repealed by operation of law on the following day.
2. New article 3 (sections 18572-18573) and section refiled 12-8-2000 as an
emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-9-2001 or emergency language
will be repealed by operation of law on the following day.
3 . Repealed by operation of Govemment Code section 1 1 346. 1 (g) (Register 200 1 ,
No. 15).
4. New article 3 (sections 18572-18573) and section filed 4-1 1-2001 as an emer-
gency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2001 or emergency language will
be repealed by operation of law on the following day.
5. Repealed by operation of Govemment Code section 1 1 346. 1 (g) (Register 2001 ,
No. 35).
§18573. Eligible Projects.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
1 158 14, Health and Safety Code. Reference: Sections 1 15730 and 1 1581 3, Health
and Safety Code.
History
1. New section filed 8-1 0-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3 . Repealed by operation of Govemment Code section 1 1 346. 1 (g) (Register 200 1 ,
No. 15).
Page 806.69
Register 2001, No. 35; 8-31-2001
§ 18574
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
4. New section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operation of Government Code section 1 1346. 1 (2) (Register 2001 ,
No. 35).
Article 4. Selection Process
§18574. Allocation of Funds.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 115810, 115811 and
11581 3, Health and Safety Code.
History
1. New article 4 (sections J 8574-1 8576) and section filed 8-1 0-2000 as an emer-
gency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 1 2-8-2000 or emergency language will
be repealed by operation of law on the following day.
2. New article 4 (sections 18574-18576) and section refiled 12-8-2000 as an
emergency; operative 12-8-2000 (Register 2000, No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-9-2001 or emergency language
will be repealed by operaUon of law on the following day.
3. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2001 ,
No. 15).
4. New article 4 (secfions 1 8574-1 8576) and section filed 4-1 1 -2001 as an emer-
gency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2001 or emergency language will
be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2001 ,
No. 35).
§18575. Criteria.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Secfions 115810, 115811 and
115813, Health and Safety Code.
History
1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transnaitted to OAL by
4-9-2001 or emergency language will be repealed by operafion of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346.1 (s) (Register 2001 ,
No. 15).
4. New section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transniitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operation of Government Code section 1 1346.1(g) (Register 2001 ,
No. 35).
§18576. Requests Exceeding Funds.
NOTE: Authority cited: Secfion 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 115810, 115811 and
1 1581 3, Health and Safety Code.
History
1 . New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-8-2000 as an emergency; operative 1 2-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3. Repeaied by operation of Government Code section 11 346. 1(g) (Register 200 1 ,
No. 15).
4. New section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operafion of Government Code secfion 1 1346.1 (g) (Register 2001 ,
No. 35).
Article 5. Grant Amount and Eligible Costs
§ 18577. Grant Amount.
NOTE; Authority cited: Section 40502, Public Resources Code; and Section
1 15814, Health and Safety Code. Reference: Section 1 15813, Health and Safety
Code.
History
1. New article 5 (secfions 18577-18580) and section filed 8-1 0-2000 as an emer-
gency; operative 8-10-2000 (Register 2000, No. 32). A Certificate of Com-
pliance must be transmitted to OAL by 1 2-8-2000 or emergency language will
be repealed by operafion of law on the following day.
2. New article 5 (sections 18577-18580) and section refiled 12-8-2000 as an
emergency; operative 12-8-2000 (Register 2000. No. 49). A Certificate of
Compliance must be transmitted to OAL by 4-9-2001 or emergency language
will be repealed by operafion of law on the following day.
3. Repealed by operation of Government Code section 1 1 346. l(g)(Re2ister 2001,
No. 15).
4. New article 5 (sections 18577-18580) and secfion filed 4-1 1-2001 as an emer-
gency; operative 4-11-2001 (Register 2001, No. 15). A Certificate of Com-
pliance must be transmitted to OAL by 8-9-2001 or emergency language will
be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2001 ,
No. 35).
§18578. Eligible Costs.
NOTE; Authority cited: Secfion 40502. Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 115810, 115811 and
115813, Health and Safety Code.
History
1 . New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-8-2000 as an emergency; operative 12-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operafion of Government Code section 1 1346.1(g) (Register 2001,
No. 15).
4. New section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operation of Government Code section 1 1346.1(g) (Register 2001,
No. 35).
§18579. Ineligible Costs.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
1 15814, Health and Safety Code. Reference: Sections 1 15730, 1 15810, 11581 1
and 1 15813, Health and Safety Code.
History
1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
1 2-8-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 2-8-2000 as an emergency; operafive 12-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2001 ,
No. 15).
4. New section filed 4-1 1-2001 as an emergency; operative 4-1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operafion of Government Code section 1 1346.1(g) (Register 2001,
No. 35).
§18580. Payments.
NotE; Authority cited: Secfion 40502, Public Resources Code; and Section
115814, Health and Safety Code. Reference: Sections 115810, 115811 and
1 15813, Health and Safety Code.
History
1. New section filed 8-10-2000 as an emergency; operative 8-10-2000 (Register
2000, No. 32). A Certificate of Compliance must be transmitted to OAL by
12-8-2000 or emergency language will be repealed by operafion of law on the
following day.
2. New secfion refiled 12-8-2000 as an emergency; operative 12-8-2000 (Regis-
ter 2000, No. 49). A Certificate of Compliance must be transmitted to OAL by
Page 806.70
Register 2001, No. 35; 8-31 -2001
Title 14
California Integrated Waste Management Board
§ 18601
4-9-2001 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation ofGovemment Code section 1 1346. 1(g) (Register 2001,
No. 15).
4. New section filed 4-1 1-2001 as an emergency; operative 4—1 1-2001 (Register
2001, No. 15). A Certificate of Compliance must be transmitted to OAL by
8-9-2001 or emergency language will be repealed by operation of law on the
following day.
5. Repealed by operation ofGovemment Code section 1 1 346. ](g)(Resister 2001,
No. 35).
Chapter 8. Used Oil Recycling Program
Article 1.
General Provisions and
Definitions
§18600. Introduction.
For the purposes of this Chapter, both the question and answer in each
section have regulatory effect for implementation and eiiforcement. This
Chapter has been adopted by the California Integrated Waste Manage-
ment Board pursuant to and for the purpose of implementing the Califor-
nia Oil Recycling Enhancement Act, Sections 48600 through 48691 of
the Public Resources Code. Nothing in this Chapter is intended to limit
the authority of any other state or local agency in its proper exercise of
regulatory authority over oil manufacturers, used oil haulers, or used oil
recycling facilities.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48600, 48630 and 48680, Public Resources Code.
History
1. New chapter 8 (sections 18600-18675, not consecutive, articles 1-7) filed
10-23-78; effective thirtieth day thereafter (Register 78, No. 43).
2. Repealer of chapter 8 (articles 1-7, sections 1 8600-1 8675, not consecutive) and
new chapter 8 (articles 1-6, sections 18600-18654, not consecutive) filed
12-22-83; effective upon filing pursuant to Government Code Section
11346.2(d) (Register 84, No. 1).
The reorganization of Chapter 8 is being printed as a repealer and adoption for clar-
ity.
3. Repealer and new section filed 8-20-92 as an emergency; operative 8-20-92
(Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL
12-18-92 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§18601. Definitions.
(a) In addition to the definitions provided in the Public Resources
Code, the following definitions shall apply whenever the terms are used
in this Chapter.
(1) "Act" means the California Oil Recycling Enhancement Act as de-
scribed in Division 30, Part 7, Chapter 4 of the Public Resources Code.
(2) "Annual report" means a report that is submitted to the Board by
each grant recipient beginning on the first January 1 after receiving a
block grant and on or before January 1 thereafter for the term of the grant
agreement, and as defined in Section 48674 of the Public Resources
Code.
(3) "Anonymously donated" means delivered to a used oil collection
center under circumstances which prevent identification of the generator,
such as delivery after hours.
(4) "Block grant" means an award of funds from the California Used
Oil Recycling Fund to a local agency which is based on the evaluation
of an applicant's used oil collection program submitted pursuant to Sec-
tion 48690 of the Public Resources Code.
(5) "Block grant account" means monies available for block grants to
local governments as described in Section 48653(a)(4) of the Public Re-
sources Code.
(6) "Board" means the California Integrated Waste Management
Board.
(7) "CIWMB Oil manufacturer registration number" means the regis-
tration number provided by the Board or its designee to all oil manufac-
turers. All oil manufacturers must obtain a registration number from the
Board prior to submitting reports to the Board.
(8) "Curbside collection program" means a service which collects
used oil from households on a monthly or more regular basis, and which
may collect other recyclable materials, including but not limited to news-
paper, glass containers, aluminum cans, and bi-metals.
(9) "Department" means the Department of Toxic Substances Control.
(10) "Fee" means the $0.16 per gallon fee that oil manufacturers must
pay to the Board for each gallon of lubricating oil sold, pursuant to Sec-
tion 48650(a) of the Public Resources Code.
(1 1) "Fiscal Year" means the year commencing on July 1 and ending
on June 30 of each year.
(12) "Generator" means any entity which generates used oil or causes
a used oil hauler to transport such oil.
(13) "Generator category" includes:
(A) Collection station (i.e., service station, shop, garage, recycling
center, curbside recycling operation)
(B) Industrial source
(C) Marine source
(D) Agricultural source
(E) Governmental source
(F) Outside California
(G) Other Haulers
(14) "Grant Agreement" means the written document, and any amend-
ment(s) and written change orders thereto, which is signed by the Board
or by its designated representative and the grant recipient, which defines
the terms, provisions and conditions governing a block grant.
(15) "Grant Recipient" means the local agency which receives a block
grant from the Board.
(16) "Grant Year" means the time period in which the grant applica-
tion submittal, evaluation, selection, and award distribution will occur.
The time period will begin on the first day of July in one year and end on
June 30 of the next calendar year.
(17) "Incentive claim/report" means the formal request for payment
of incentive fees on used lubricating oil either used to generate electricity
by an electric utility, or transported by a used oil hauler to a certified used
oil recycling facility or to an out-of-state facility registered with the U.S.
EPA and in compliance with the regulafions of the state in which the fa-
cility is located. The incentive claim/report is designed to satisfy the re-
port requirements described in Public Resources Code Section 48670.
(18) "Industrial oil", as it is defined in Public Resources Code, Section
48616, includes, but is not limited to, any compressor, turbine, or bearing
oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial oil
does not include di-electric fluids.
(19) "Internal combustion engine" includes engines powered by gaso-
line, methanol, alcohol fuels, diesel, compressed natural gas, propane or
butane.
(20) "Local agency" means a public entity which is a city, county, or
district, or any political subdivision but not the State.
(21) "Lubricating oil", as it is defined in Public Resources Code, Sec-
tion 48618, includes any oil which is intended for use in machinery pow-
ered by an internal combustion engine. Lubricating oil includes oil in-
tended for use in an internal combustion engine crankcase, transmission,
gearbox, or differential in an automobile, bus, truck, vessel, plane, train,
heavy equipment, or other machinery powered by an internal combustion
engine. Lubricating oil also includes consumer addifives which are in-
tended to be mixed with lubricating oils in an internal combustion engine
and synthetic lubricating oils. Lubricating oil does not include oil in-
tended for use in a 2-cycle engine where the oil is entirely consumed dur-
ing usage.
(22) "Manifest" means a uniform hazardous waste manifest as defined
in Secfion 25 160 of the Health and Safety Code, which is hereby incorpo-
rated by reference.
(23) "Modified Manifest Receipt" means the receipt completed for
each generator and attached to the manifest pursuant to Section
Page 806.70(a)
Register 2001, No. 35; 8-31 -2001
§ 18610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
25250.8(b)(3) of the Health and Safety Code, which is hereby incorpo-
rated by reference.
(24) "Must" means a provision is mandatory.
(25) "Oil manufacturer" as it is defined in Section 48619 of the Public
Resources Code, means the first person or entity in California to take title
to lubricating or industrial oil for sale, use or transfer in California. For
purposes of this chapter a person or entity who first takes title to lubricat-
ing or industrial oil from an out-of-state entity, for purposes of sale or
distribution, is the oil manufacturer.
(26) "Operator" means the person or entity responsible for the
handling and collection of used oil at a certified used oil collection center,
curbside collection program, private business, state or local governmen-
tal agency, nonprofit organization, or electric utility.
(27) "Patron" means the person or entity delivering used oil to a certi-
fied collection center for storage and transportation to a recycling facil-
ity.
(28) "Quarter" means a three month period during a calendar year. For
each year, the first quarter commences January 1 and ends March 31 , the
second quarter commences April 1 and ends June 30, the third quarter
commences July 1 and ends September 30, and the fourth quarter com-
mences October 1 and ends December 31, all inclusive.
(29) "Recycling Incentive" means the amount the Board pays for each
quart of lubricating oil recycled, to every industrial generator, curbside
collection program, certified used oil collection center, or electric utility
pursuant to Sections 48651(a) and (b) of the Public Resources Code.
(30) "Regional" means any geographic area which includes two or
more local agencies.
(31) "Used lubricating oil generated by a certified used oil collection
center" means used lubricating oil generated on-site by the certified used
oil collection center. It does not include used oil generated by an entity
other than the center, except used oil delivered by the public in quantities
of no more than 20 gallons per person per day.
(32) "Used oil collection program" means a program undertaken by a
local agency to encourage the collection, recycling, and proper disposal
of used oil generated at households. A used oil collection program in-
cludes but is not limited to, integration of used oil collection into an exist-
ing curbside collecting program, household hazardous waste program,
and a public education and awareness program to promote opportunities
for, and to educate the public as to the benefits from, recycling of used
oil.
(33) "Used oil storage facility" means a hazardous waste facility
which stores used oil, as defined in Section 25123.3(a) of the Health and
Safety Code.
(34) "Used oil transfer facility" means a hazardous waste transfer fa-
cility that either stores used oil for periods greater than 144 hours, or that
transfers used oil from one container to another as defined in Section
25123.3(c) of the Health and Safety Code.
(35) "U.S. EPA" means the United States Environmental Protection
Agency.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48601, 48616, 48618, 48619, 48651, 48660, 48670, 48674, 48690
and 48691, Public Resources Code.
History
1. Repealer and new section filed 8-20-92 as an emergency; operative 8-20-92
(Register 92, No. 34). A Certificate of Compliance must be transmitted toOAL
12-18-92 or emergency language will be repealed by operation of law on the
following day.
2. Amendment of section and Note filed 1-21-93 as an emergency; operative
1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted
to OAL 5-21-93 or emergency language will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsections
(a)(5)(G) and (H), (a)(12) and (a)(15)-(16) transmitted to OAL 12-17-92 and
filed 2-2-93 (Register 93, No. 6).
4. Editorial correction amending subsection (a)(12) and History 3 (Register 93,
No. 28).
5. Certificate of Compliance as to 1-21-93 order including repealer and new sub-
section (a)(3), amendment of subsections (a)(7) and (a)(15), new subsection
(a)(30) and subsection renumbering transmitted to OAL 5-21-93 and filed
7-6-93 (Register 93, No. 28).
6. Amendment of section and Note filed 6-16-95; operative 7-17-95 (Register
95, No. 24).
Article 2. General Recordkeeping
Requirements
§18610. Scope and Applicability.
The regulations contained in this Article set forth recordkeeping re-
quirements with which oil manufacturers, used oil haulers, and operators
of used oil recycling facilities must comply.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48631(d), 48671, 48672 and 48673, Public Resources Code.
History
1. New article heading and section filed 8-20-92 as an emergency; operafive
8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted
to OAL 12-18-92oremergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 1 861 1 . Will the Board Examine My Books and Records to
Determine Whether I Comply with These
Regulations?
(a) Yes. The Board, or persons authorized by the Board, may conduct
examinations of the books and records of oil manufacturers, used oil
haulers, and operators of used oil recycling facilities, for the purposes of
determining compliance with the provisions of the Act. Nothing herein
[The next page is 806.71.]
Page 806.70(b)
Register 2001, No. 35; 8-31-2001
Title 14
California Integrated Waste Management Board
§ 18614.1
shall limit the authority of the Board pursuant to the Act to audit, ex-
amine, review, inspect, or otherwise determine the compliance of any
person with the Act.
(b) An examination is a review or inspection of any books or records
or other documentation of sales or transfers of new or used lubricating
or industrial oil. Such reviews may include verification of measurements
or procedures regarding reporting, payments and other activities related
to the Act.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48657, 4867], 48672 and 48673, Public Resources Code.
HtSTORY
1 . Repealer of article heading and section and new section filed 8-20-92 as an
emergency; operative 8-20-92 (Register 92, No. 34). A Certificate of Com-
pliance must be transmitted to OAL 12-1 8-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18612. Are the Reports and Information that I Submit to
the Board Public Documents?
(a) All information obtained by the Board, or persons authorized by
the Board may be disclosed to the public upon request, unless the infor-
mation is exempt from disclosure pursuant to the Act, the Public Records
Act (Government Code Section 6250 et seq.), or other applicable law. In-
formation exempt from public disclosure may include, but is not limited
to, proprietary information concerning specific sales or purchases of new
or used lubricating or industrial oil; market reports; personal financial
data; and trade secrets which the reporter has requested not be publicly
disclosed.
(b) If you believe that any information submitted to the Board is a trade
secret, you must identify this information at the time of submission. Any
information not identified by you as a trade secret shall be made available
to the public, unless exempted from disclosure by another provision of
law.
(c) Regarding trade secrets, the Board shall determine whether any or
all of the information has been properly identified as a trade secret.
(d) Upon receipt of a written request for records pertaining to informa-
tion obtained by the Board pursuant to this Chapter, the Board shall deter-
mine whether the requested information is exempt from disclosure.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48675, Public Resources Code.
History
1 . New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-1 8-92 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18613. Articles 3, 4, and 5 of this Chapter Describe
Specific Records that I Must Maintain. How
Must I Maintain These Records?
Any records which you are required to maintain pursuant to this Chap-
ter or the Act must be kept in accordance with the following provisions;
(a) You must give the Board notice of the location of your records on
or before November 30, 1 992. Notice of any change in location, or intent
to establish a new location of such records, must be provided no less than
10 days prior to any change in location or establishment of a new loca-
tion. Notice shall mean written notice stating the name of the business en-
tity, the complete present and potential future addresses of the location
of the records, if applicable, and the names and telephone numbers of the
individuals responsible for such records.
(b) Oil manufacturers must maintain records for at least four years.
Used oil haulers and used oil recycling faciUties must maintain records
for at least three years.
(c) All records maintained pursuant to this Chapter must include the
books of account that are ordinarily maintained by the average prudent
businessperson engaged in the same activity, together with all bills, re-
ceipts, invoices, manifests, cash register tapes, or other documents of
original entry supporting the entries in the books of account. An Auto-
matic Data Processing (ADP) system must have built into its program a
method of producing visible and legible records which will provide the
necessary information to determine compliance with the requirements of
this Chapter.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Secnons 48657, 48671, 48672 and 48673, Public Resources Code.
History
1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 1 861 4. Articles 3, 4, and 5 of this Chapter Contain
Specific Reporting Requirements. How Do I
Submit Reports, Notices, and Applicable
Supporting Documents to the Board?
(a) Except where specifically provided otherwise, any reports and no-
tices must be prepared and submitted in the form designated by the
Board. Oil manufacturer reports must include the information specified
in Section 1 8622 of this Chapter. Used oil hauler reports must include the
information specified in Section 1 8634 of this Chapter. Operators of used
oil recycling facilities must include the information specified in section
1 8642 of this Chapter. Only notices and reports containing such informa-
tion and bearing an original signature pursuant to (c)(4), below, will be
acceptable.
(b) Reports, notices, and applicable supporting data must be accurate,
complete, and typed or legibly handwritten in English.
(c) All reports to the Board must contain all of the following informa-
tion:
(1) The full name, address, and identification number of the person
preparing the report;
(A) For used oil hauler and used oil recycling facility reports, the iden-
tification number will be the U.S. EPA Identification number.
(B) For oil manufacturer reports, the identification number will be the
Oil Recycler Fee Permit Number as issued by the Board or its representa-
tive.
(C) If an entity preparing the report has no EPA Identification number
or Oil Recycler Fee Permit Number, an identification number must be
obtained from the Board upon written request.
(2) The name and telephone number of a contact person for purposes
of the report;
(3) The reporting period, if applicable, and date of preparation of the
report;
(4) The signature and title of the representative of the entity authorized
to prepare the report. The signature block must state that the information
ion the report is correct to the best knowledge and belief of the person
submitting the report;
(5) The date of signing of the report.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48671, 48672 and 48673, Public Resources Code.
History
1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 1 861 4.1 . What If My Report Does Not Contain All of the
Information Required by Section 18614 of this
Article?
The Board will reject your report if it fails to comply with the reporting
requirements of Section 18614. Any such rejection shall not extend any
applicable due date or time period.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48671, 48672 and 48673, Public Resources Code.
Page 806.71
Register 96, No. 14; 4-5-96
§ 18615
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance nTust be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18615. When are Reports Due to the Board?
Report due dates are discussed in this Chapter as follows: in Section
18622 for oil manufacturers. Section \ 8634 for used oil haulers, and Sec-
tion 18642 for used oil recycling facilities.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code,
History
1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-1 8-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18616. On What Date is a Report, Complaint, Payment,
Notice or Other Information Considered to be
Submitted to the Board?
Reports, complaints, payments, notices and other information will be
considered submitted to the Board on the postmarked date if deemed
complete by the Board.
NOTE: Authority cited: Sections 40502 and 48641 . Public Resources Code. Refer-
ence: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code.
History
1 . New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order with amendment transmitted to
OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
Article 2.1. Recordkeeping, Auditing, and
Administrative Actions for Entities Claiming
Recycling Incentives
§ 1 861 9.1 . Scope and Applicability.
The regulations contained in this Article set forth recordkeeping re-
quirements with which certified used oil collection centers, industrial
generators, curbside collection programs, and electric utilities wishing to
claim recycling incentives must comply.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
History
1. Newarticle2.1 (sections 18619. 1-. 5) filed 1-2 1-9 3 as an emergency; operative
1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted
to OAL 5-21-93 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 1-2 1-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18619.2. Will The Board Examine My Books, Records,
and Operations to Determine Whether I Am in
Compliance With The Program Requirements?
(a) Yes. An operator of a certified or registered program shall provide
access to the Board or persons authorized by the Board for any one or all
of the following purposes:
(1) To determine compliance with the provisions of the Act and this
Chapter;
(2) To determine the accuracy of any information provided to the
Board;
(3) For the investigation of complaints related to compliance with the
provisions of the Act and this Chapter; or
(4) To inspect any records required by the Act or this Chapter.
(b) An applicant for certification or registration shall provide access
to the Board or persons authorized by the Board for the purposes listed
in subparts (a)(1), (a)(2), and (a)(4) of this Section.
(c) Failure to provide access, as required, may result in one or more of
the following:
(1) Denial of a pending application;
(2) Cancellation of a certification or registration, or denial of a recertif-
ication request;
(3) Legal actions pursuant to Public Resources Code Section 48680;
(4) Recoupment of monies previously paid by the Board, which were
the subject of the inspection; or
(5) Rejection of incentive claims made to the Board.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93.
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18619.3. How Must Records Be Maintained to Satisfy The
Requirements of This Chapter?
(a) Any records which you are required to maintain pursuant to this
Chapter or the Act must be kept in accordance with the following provi-
sions:
(1) You must give the Board notice of the location of your records on
or before April 1, 1993, or upon certification or registration pursuant to
Articles 6 and 6.1 of this Chapter, respectively. "Notice" of any change
in location, or intent to establish a new location of such records, must be
provided no less than ten (10) days prior to any change in location or es-
tablishment of a new location. "Notice" shall mean a written notice stat-
ing the name of the business entity, the complete present and potential
future addresses of the location of the records, if applicable, and the
names and telephone numbers of the individual(s) responsible for such
records.
(2) Records must be retained for at least three years.
(3) All records maintained pursuant to this Chapter must include the
books of account that are ordinarily maintained by the average prudent
businessperson engaged in the same activity, together with all bills, re-
ceipts, invoices, manifests, cash register tapes, or other documents of
original entry supporting the entries in the books of account. If records
are maintained in an Automatic Data Processing (ADP) system, it must
have built into its program a method of producing visible and legible re-
cords which will provide the necessary information to determine com-
pliance with the requirements of this Chapter.
(4) All records maintained pursuant to this Chapter shall be suitable for
examination. Records satisfy this standard when they are prepared and
retained in accordance with generally accepted accounting principles
and good business practice.
NOTE: Authority cited: Sections 40502 and 48651, Public Resources Code. Refer-
ence: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18619.4. Are the Reports and Information That I Submit
to the Board Public Documents?
(a) All information obtained by the Board, or persons authorized by
the Board, may be disclosed to the public upon request, unless the infor-
mation is exempt from disclosure pursuant to the Act, the Public Records
Act (Government Code Section 2650 et. seq.), or another applicable law.
Information exempt from public disclosure may include, but is not lim-
ited to: proprietary information concerning specific sales or purchases of
new or used lubricating or industrial oil; market reports; personal finan-
cial data; and trade secrets, as defined in the Public Resource Code,
which the reporter has requested not be publicly disclosed.
Page 806.72
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18625
(b) ]f you believe that any information submitted to the Board is a trade
secret, you must identify this information at the time of submission. Any
information not identified by you as a trade secret shall be made available
to the public, unless exempted from disclosure by another provision of
law.
(c) Regarding trade secrets, the Board shall determine whether any or
all of the information has been properly identified as a trade secret.
(d) Upon receipt of a written request for records pertaining to informa-
tion obtained by the Board pursuant to this Chapter, the Board shall deter-
mine whether the requested information is exempt from disclosure.
NOTE: Authority cited: Sections 40502 and 4864! , Public Resources Code. Refer-
ence: Section 48675, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to I -2 1-93 order iransinitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 861 9.5. What Happens If My Certified or Registered
Used Oil Collection Program Is Not In
Compliance With the Requirements of the Act
or of This Chapter?
Violations of the Act or any regulation contained in this Chapter may
be subject to the provisions of Section 48680 of the Public Resources
Code.
NOTE: Authority cited: Sections 40502 and 4864 1 . Public Resources Code. Refer-
ence: Secnons 48631(d), 48660 and 48680, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
Article 3. Oil Manufacturers
§18620. Applicability.
In addition to the general requirements of this Chapter, oil manufactur-
ers must comply with the provisions of this Article.
NOTE; Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48671, Public Resources Code.
History
1. New article heading and section filed 8-20-92 as an emergency; operative
8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted
to OAL 12-18-92 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 1 8621 . As an Oil Manufacturer, What Records Am I
Required to Maintain?
Beginning May 1, 1992, you must maintain records of all industrial oil
sold in California and all lubricating oil sold in California which is not
exempt from payment of the fee pursuant to Section 48650 of the Public
Resources Code. Records must include:
(a) the amount, in gallons, of lubricating oil sold monthly;
(b) the amount, in gallons, of industrial oil sold monthly.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48671, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18622. As an Oil Manufacturer, What Reports Must I
Submit to the Board?
All oil manufacturers must prepare and submit to the Board a report
in accordance with the general requirements for reporting contained in
section 18614 of this Chapter.
(a) You must submit a report for the period between May 1 , 1992, and
September 30, 1992, which includes:
(1) the amount, in gallons, of lubricating oil sold monthly in Califor-
nia;
(2) the amount, in gallons, of industrial oil sold monthly in California.
This report is due to the Board by January 31 , 1993.
(b) For the quarter beginning October I, 1992, and each following
quarter, you must submit reports which include:
(1) the amount, in gallons, of lubricating oil sold monthly in Califor-
nia;
(2) the amount, in gallons, of industrial oil sold monthly in California;
(3) the total amount of fees due pursuant to Section 48650 of the Public
Resources Code.
(A) you must calculate the total amount of fees due by multiplying the
number of gallons of lubricating oil sold during the quarter by $0.16 per
gallon.
Reports must be submitted to the Board on or before the last day of the
month following each quarter, as defined in Section 18601 of this Chap-
ter. For example, lubricating oil sold during the quarter commencing Oc-
tober 1 and ending December 31 must be reported by January 31 .
NOTE: Authority cited: Sections 40502 and 48641 . Public Resources Code. Refer-
ence: Sections 48650(a) and (b) and 48671 , Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsecfions
(a)(2) and (b) transmitted to OAL 1 2-1 7-92 and filed 2-2-93 (Register 93, No.
6).
§ 18623. What Date is Considered the Date of Sale?
The date of sale of lubricating or industrial oil is the date of receipt by
the purchaser, as evidenced by an invoice.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48650(a) and (b). Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. I).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be U-ansinitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment transmitted to
OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§ 18624. How Should Payments be Made to the Board and
When Are They Due?
(a) All payments made pursuant to Sections 48650(a) and (b) of the
Public Resources Code must accompany the report submitted pursuant
to Section 18622 of this Chapter. Payments received after the due date
of this report shall be deemed late.
(b) All payments must be reported and recorded in currency of the
United States of America ("U.S. dollars"). All payments to the Board
must be made in U.S. dollars and made by either check, draft, money or-
der or cashier' s check payable to the State of California, Integrated Waste
Management Board or an entity designated by the Board to collect pay-
ments.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Sections 48650(a) and (b) and 48671, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate ofCompliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate ofCompliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18625. How Do I Notify Those Who Purchase Lubricating
Oil From Me That the Fee Has Been Paid?
You must inform your customers that the fee has been paid by one of
the following methods:
(a) A sales invoice or a contract which clearly states that the fee is in-
cluded in the invoiced or contracted amount;
(b) Documentation showing that the fee has been paid to the Board.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48650(a) and (b). Public Resources Code.
Page 806.73
Register 2002, No. 11; 3-15-2002
§ 18626
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 1 2-1 8-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL l2-r7-92
and filed 2-2-93 (Register 93, No. 6).
Article 3.1. Exemptions
§18626. Exemption Certificates.
(a) Scope and Applicability. All sales or transfers of lubricating oil in
the slate by an oil manufacturer are subject to the oil recycling fee unless
exempted.
(b) Exemption from Responsibility for the Oil Recycling Program
Fee. A seller is exempt from responsibility for the oil recycling fee when
the purchaser certifies in writing, in a timely manner, to the seller that the
lubricating oil purchased will be used in an exempt manner as provided
in PRC section 48650. To be considered timely, an exemption certificate
shall be given:
(1) At any time before the seller bills the purchaser for the lubricating
oil; or
(2) At any time within the seller's normal billing and payment cycle;
or
(3) Any time at or prior to delivery of the subject oil to the purchaser.
Exemption certificates are valid until there is a change in the use of the
oil as described in the certificate. The purchaser is responsible for sub-
mitting a revised exemption certificate prior to any change in use of the
oil purchased.
(c) Liability for the Fee for Other Uses If a purchaser certifies in writ-
ing to a seller that the lubricating oil purchased will be used in an exempt
manner, as provided in PRC section 48650(b), and instead uses the lubri-
cating oil in some manner which is not exempt, the purchaser shall be U-
able for payment of the oil recycling fee as if the purchaser were the first
person or entity to take title to the lubricating oil for sale, use, or transfer
in this state. The fee will apply at the time of the sale, use or transfer by
the purchaser.
(d) Form of Exemption Certificates.
(1) All purchasers qualifying for an exemption must provide certifica-
tion as follows:
(A) the name and address of the purchaser;
(B) the purchaser's CIWMB oil manufacturer registration number;
(i) if the purchaser is not required to hold an oil manufacturer registra-
tion number, a statement to that effect and the reasons;
(C) a description of the lubricating oil purchases associated with the
certificate, including the number of gallons;
(D) a statement describing the exempt use of the lubricating oil pur-
suant to the exemptions described in PRC section 48650(b);
(E) date;
(F) signature of the purchaser.
(2) Submission to the Board of form CIWMB 36 "State of Cahfomia
Oil Recycling Program Fee Exemption Certificate" (rev. 11/94), which
is incorporated herein by reference, will satisfy the requirements of part
d(l), above. (See Appendix A.)
(e) "Qualified" Fee Exemption Certificates. Purchasers may issue
"Qualified" Fee Exemption Certificates if a portion of the total oil pur-
chased is to be used in an exempt manner. In these cases, the CIWMB Fee
Exemption Certificate Form Number 36 (rev. 1 1/94) requires that a pur-
chase order be attached. Each purchase order must indicate that the oil
is purchased for exempt use. If a purchase order does not so specify, it
will be presumed that the oil purchased is to be used in a nonexempt man-
ner, and is subject to the fee.
(f) Untimely Exemption Certificates. An exemption certificate which
is not issued in a timely manner is not retroactive, and will not relieve the
seller of the responsibihty for the fee, unless the seller presents satisfacto-
ry evidence that (1) the specific oil was used in an exempt manner or (2)
that the fee was paid to the state by the purchaser.
(g) Good Faith. A seller will be presumed to have been issued a certifi-
cate in good faith in the absence of evidence to the contrary. A seller will
not be relieved of the responsibility for the oil recycling fee if it knew,
or should have known, that the lubricating oil would not be used by the
purchaser in an exempt manner.
(h) Penalties lor Improper Use of an Exemption Certificate. Civil pen-
alties, as described in Public Resources Code (PRC) section 48680, may
be assessed if there is unauthorized issuance or use of an Exemption Cer-
tificate.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48650 and 48680, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. Renumbering of former section 1 8626 to section 1 8626.99 and new article 3.1,
section and CIWMB form 36 filed 6-16-95; operative 7-17-95 (Register 95,
No. 24).
3. Change without regulatory effect amending subsection (d)(2) and moving form
to section 1 883 1 , appendix A filed 4-2-96 pursuant to section 1 00, title 1 , Cali-
fornia Code of Regulations (Register 96, No. 14).
§ 18626.99. Certificate of Registration.
NOTE: Authority cited: Section 3470(b), Public Resources Code. Reference: Sec-
tions 3470(b) and (c). Public Resources Code.
History
] . Renumbering of former section 1 8626 to section 1 8626.99 filed 6-16-95; op-
erative 7-17-95 (Register 95, No. 24).
§ 18627. Refund of Lubricating Oil Payment.
Any person who has made the lubricating oil payment on oil which is
later sold or used for an exempt purpose pursuant to PRC section 48650,
may request a refund. For this chapter, an exempt purpose shall include
lubricating oil that is subsequently sold to an agency of the Federal Gov-
ernment and on which the payment was not made by that agency. The re-
quest for a refund must include the information in Section 18613 of this
chapter.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code.
History
1. Change without regulatory effect adding section filed 3-13-2002 pursuant to
section 100, title 1, California Code of Regulations (Register 2002, No. 11).
Article 4. Used Oil Haulers
§ 1 8630. Scope and Applicability.
In addition to the general requirements of Article 2 of this Chapter,
used oil haulers must comply with the provisions of this Article.
NOTE: Authority cited: Sections 40502 and 48641 , Pubhc Resources Code. Refer-
ence: Section 48672, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New article heading and section filed 8-20-92 as an emergency; operative
8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted
to OAL 12-18-92 or emergency language will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of article head-
ing transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§ 1 8631 . As a Used Oil Hauler, What Records Am I
Required to Maintain?
You must keep all manifests and modified manifest receipts as de-
scribed in Section 25250.8 of the Health and Safety Code and Section
66263.22 of Title 22 of the California Code of Regulations. These docu-
ments must be made available to the Board for examination pursuant to
Section 1861 1 of this Chapter. These records must be maintained in ac-
cordance with the general requirements set forth in Section 18613 of this
Chapter, in addition to any recordkeeping requirements of the Depart-
ment of Toxic Substances Control.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48672, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
Page 806.74
Register 2002, No. 11; 3-15-2002
Title 14
California Integrated Waste Management Board
§ 18641
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18632. What Specific Information Am I Required to
Include on Each Modified Manifest Receipt?
In addition to the information required by Section 25250.8 of the
Health and Safety Code, you must include the following information on
each modified manifest receipt:
(a) the generator category of the entity generating the used oil, as de-
fined in Section 18601 of this Chapter;
(b) an estimate of the amount, in gallons, of lubricating oil and the
amount, in gallons, of industrial oil collected from the generator.
(1) To obtain an estimate, you must ask each generator to provide an
approximation of the amount of used lubricating oil and the amount of
used industrial oil being collected.
(2) If the generator fails to provide you with an estimate of the amount
of lubricating versus industrial oil, you must use your best judgment to
provide an estimate based upon your knowledge, if any, of the types of
machinery used by the generator.
(3) You will not be held liable for the accuracy of estimates made pur-
suant to (1) and (2), above.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48672, Public Resources Code.
History
1 . Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18633. Am I Required to Provide Any Specific
Information to the Recipients of the Used Oil I
Deliver?
Yes. Used oil haulers must provide the recipients of their used oil (i.e.,
a used oil transfer facility, a used oil storage facility, or a used oil recycl-
ing facility) with either:
(a) a receipt containing the following information for each delivery:
(1) the manifest number;
(2) an estimate of the amount, in gallons, of lubricating oil and the
amount, in gallons, of industrial oil contained in the delivery; or
(b) an estimate in box 1 1 or box 15 of the Uniform Hazardous Waste
Manifest, of the amount, in gallons, of lubricating oil and the amount, in
gallons, of industrial oil contained in the delivery.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48672 and 48673, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsections
(a) and (b) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§ 1 8634. As a Used Oil Hauler, What Reports Must I Submit
to the Board?
All used oil haulers must prepare and submit to the Board a report in
accordance with the general requirements for reporting contained in Sec-
tion 18614 of this Chapter.
(a) All reports must be submitted to the Board no later than 10 days
after the end of each quarter, as defined in section 18601 of this Chapter.
For example, used oil transported during the quarter commencing July
I and ending September 30 must be reported by October 31, and used oil
transported during the quarter commencing October 1 and ending De-
cember 31 must be reported by January 31.
(b) Reports must contain all of the following information for the used
oil that you collected during the reporting period:
( 1 ) an estimate, by generator category, of the total amount, in gallons,
of lubricating oil collected and transported;
(2) an estimate, by generator category, of the total amount, in gallons,
of industrial oil collected and transported;
(3) the sum total, in gallons, of all used lubricating and industrial oil
collected and transported;
(4) if you are also the operator of a used oil transfer facility or a used
oil storage facility, indicate the amount of used oil included in this report
which was, or will be, to the best of your knowledge, reported to the
Board by another hauler;
(5) a listing of all the locations to which you transported used oil during
the reporting period, including used oil transfer facilities, used oil storage
facilities, and used oil recycUng facilities. For each location, you must
specify the name of the entity, the street address, the mailing address, the
telephone number, and the U.S. EPA Identification Number.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48672, Public Resources Code.
History
1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 1 2- 1 8-92 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 8-20-92 order with amendment of subsection
(a) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
Article 5. Used Oil Recycling Facilities
§ 18640. Scope and Applicability.
In addition to the general requirements of Article 2 of this Chapter,
used oil recycling facilities, as defined in Section 48624 of the Public Re-
sources Code, shall comply with the provisions of this Article.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48624, 48662 and 48673, Public Resources Code.
History
1 . Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New article heading and section filed 8-20-92 as an emergency; operative
8-20-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted
to OAL 12-1 8-92 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of section and Note filed 1-21-93 as an emergency; operative
1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted
to OAL 5-21-93 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
5. Certificate of Compliance as to 1-21-93 order transmitted toOAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8641 . As the Operator of a Used Oil Recycling Facility,
What Records Am I Required to Maintain?
You must maintain the following records in accordance with the gen-
eral requirements set forth in Section 18613 of this Chapter.
(a) Manifests, maintained pursuant to Section 66264.71(a)(6) of Title
22 of the California Code of Regulations, must be made available for ex-
amination pursuant to Section 1861 1 of this Chapter.
(b) For each delivery received, you must estimate the amount, in gal-
lons, which is used lubricating oil and the amount which is used industrial
oil. You may obtain an estimate of these amounts from the used oil hauler
delivering the used oil pursuant to Section 18633 of this Chapter.
(c) You must maintain records of the amount of used oil processed at
your facility. These records must include:
(1) the amount, in gallons, of recycled oil produced. For purposes of
this section, recycled oil includes used oil which is prepared for reuse, as
it is defined in the Section 25250.1 of the Health and Safety Code, includ-
ing used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
Page 806.75
Register 96, No. 14; 4-5-96
§ 18642
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(E) consumed in the process of preparing it for reuse, including being
burned for energy recovery;
(2) the amount, in gallons, of used oil transferred to another facility for
processing or treatment;
(3) the amount, in gallons, of residual material produced.
For purposes of this section, residual material includes constituents of
the used oil which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If "other" is indicated, you must indicate the specific residual material
produced.
NOTE; Authority cited: Sections 40302 and 48641 , Public Resources Code. Refer-
ence: Section 48673, Public Resources Code.
History
1. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-18-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-20-92 order transmitted to OAL 12-17-92
and filed 2-2-93 (Register 93, No. 6).
§ 18642. As an Operator of a Used Oil Recycling Facility,
What Reports Must I Submit to the Board?
(a) You must prepare and submit to the Board a report in accordance
with the general requirements for reporting contained in Section 18614
of this Chapter.
(b) All reports must be submitted on or before the last day of the month
following each quarter, as defined in section 18601 of this Chapter. For
example, used oil received and recycled during the quarter commencing
July 1 and ending September 30 must be reported by October 31, and
used oil received and recycled during the quarter commencing October
1 and ending December 31 must be reported by January 31.
(c) Your reports must contain all of the following information for the
reporting period:
(1) the total amount, in gallons, of used oil received during the report-
ing period, including:
(A) an estimate of the total amount of lubricating oil received;
(B) an estimate of the total amount of industrial oil received.
(2) the amount of used lubricating and used industrial oil received
from:
(A) within California;
(B) outside of California.
If used oil is received from outside of California, the report must in-
clude the state or country from which the used oil was received.
(3) the total amount, in gallons, of recycled oil produced by the facility.
For purposes of this section, recycled oil includes used oil which is pre-
pared for reuse, as it is defined in the Section 25250. 1 of the Health and
Safety Code, including used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
(E) consumed in the process of preparing it for reuse, including being
burned for energy recovery;
(4) the total amount, in gallons, of used oil transferred to another facil-
ity for processing or treatment and the name and U.S. EPA Identification
number of each facility;
(5) the total amount, in gallons, of residual material produced. For pur-
poses of this secdon, residual material includes constituents of the used
oiZ which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If "other" is indicated, you must indicate the specific residual material
produced.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48673, Public Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
2. New section filed 8-20-92 as an emergency; operative 8-20-92 (Register 92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-1 8-92 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-20-92 order with amendment of subsection
(b) transmitted to OAL 12-17-92 and filed 2-2-93 (Register 93, No. 6).
§ 1 8643. Records of Transaction,
NOTE: Authority cited: Section 3470(b), Public Resources Code. Reference: Sec-
tion 3468(b), Public Resources Code.
History
1. Repealer filed 12-21-88; operafive 1-20-89 (Register 89, No. 1).
§ 18643.0. Who May Become a Certified Used Oil
Recycling Facility?
The Board shall consider certifying any used oil recycling facility in
California, as defined in Secfion 48624 of the Public Resources Code.
NOTE: Authority cited: Secfions 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48624 and 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by.operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. Editorial correction adding History 2 (Register 95, No. 19).
§ 18643.1. Why Should I Become a Certified Used Oil
Recycling Facility?
It is necessary for used oil recycling facilities to become cerfified be-
cause recycling incentives can only be paid to certified used oil collecfion
centers, industrial generators, or curbside collection programs that trans-
port used oil to cerfified used oil recycling facilifies or to an out of state
recycling facility as described in Section 48651 of the Public Resources
Code. Industrial oil must also be hauled to certified used oil recycling fa-
cilifies.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48651, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1 -2 1-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18643.2. As An Operator of a Used Oil Recycling Facility,
Must I Apply For Certification/Recertification of
the Facility?
No. Once the Board receives a report from the Department following
the annual inspection of your facility, the Board initiates the certificauon/
recerfification process for your facility.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18643.3. How Does The Board Certify or Recertify a Used
Oil Recycling Facility?
(a) Following the annual inspection of a used oil recycling facility pur-
suant to Section 48661 of the Public Resources Code, the Department
forwards an inspection report of the facility to the Board.
(b) Within a minimum of six (6), a median of eight (8), and a maximum
of ten (1 0) working days of receipt of an inspecfion report for a used oil
recycling facility, the Board nofifies the operator of the facility in wrifing
that its cerUfication/recerfificafion is being processed.
(c) Within a minimum of twenty-five (25), a median of thirty-five
(35), and a maximum of forty-five (45) working days of receipt of the
•
Page 806.76
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18650.2
above described inspection report, the Board notifies the operator of the
facility in writing that its certification is either:
(1) Approved; or
(2) Denied, and the reasons i'or denial.
Denial may occur when a facility is engaged in a repeating or recurring
pattern of noncompliance that poses a significant threat to public health
and safety or the environment. Such a pattern may include violations as
described in Public Resources Code Sections 48661 (b) and (c).
(d) If a certification is approved, the Board sends a certificate to the
operator of the facility.
(e) In case of denial, the operator of the facility may submit a written
request for a Board hearing.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tions (b), (c), (c)(2) and (e) transmitted to OAL 5-21-93 and filed 7-6-93 (Reg-
ister 93, No. 28).
§ 18643.4. As an Operator of a Used Oil Recycling Facility,
What Should I Do With the Certificate That the
Board Issues to Me?
(a) The certificate shall be kept on file at the used oil recycling facility.
An operator may request that the certificate be kept on file at another lo-
cation, and the Board may grant approval of such request when the re-
quest is submitted in writing and the following conditions are met:
(1 ) A copy of the certificate with a statement indicating where the orig-
inal cerfificate is maintained is kept at the recycling facility; and
(2) The original certificate is maintained at the main business office of
the operator where records and reports meeting the requirements of Ar-
ticle 5 of these regulations are maintained.
NOTE; Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18643.5. How Long Is a Certificate Valid?
(a) A certificate is valid until such time that it is surrendered by the op-
erator, or recertification is denied pursuant to Section 18643.3 of this Ar-
ticle.
(b) A certificate does not expire, and the operator of a used oil recycl-
ing facility is not required to submit an application for recertification.
Upon receipt of the annual inspection report from the Department, the
Board automatically initiates the certification/recertification process for
a facility. However, upon evaluating the annual inspection report, the
Board may either certify/recertify a used oil recycling facility or deny its
certificafion/recertificadon pursuant to Section 18643.3 of this Article.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8643.6. Is the Certificate Transferrable?
No. The cerfificate is neither transferrable nor assignable to any other
person. It is issued to a specific operator of a used oil recycling facility
for a specific location. The operator of a used oil recycling facility must
notify the Board in writing of any change in the operator, location of the
facility, or cessation of facility operation. The notification shall be sub-
mitted to the Board within sixty (60) calendar days of the change occur-
ring.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21 -93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18643.7. Is There a List of Certified Used Oil Recycling
Facilities Available?
(a) Yes. The Board maintains a current list of certified used oil recycl-
ing facilities. The list is available to the public upon request.
(b) The Board also maintains a current list of used oil recycling facili-
ties whose certifications were denied by the Board. This list is also avail-
able to the public upon request.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48662, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-^2 1-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18644. Annual Report.
NOTE: Authority cited: Section 3470(b), Public Resources Code. Reference: Sec-
tion 3468(c), PubUc Resources Code.
History
1. Repealer filed 12-21-88; operative 1-20-89 (Register 89, No. 1).
Article 6.0. Used Oil Collection Center
Certification and Operation Standards
§ 1 8650.0. Scope and Applicability.
Any person wishing to have a used oil collection center cerfified by the
Board, pursuant to Section 48660 of the Public Resources Code, must
comply with the provisions of this Article.
NOTE: Authority cited: Sections 40502 and 4864 1 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New article 6.0 (sections 18650.0-18651.9) filed 1-21-93 as an emergency;
operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be
transinitted to OAL 5-21-93 or emergency language will be repealed by opera-
tion of law on the following day.
2. Certificate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 1 8650.1 . Who May Apply for Certification?
Any operator or proposed operator of a used oil collection center is eli-
gible to apply for cerfification from the Board. Applicafion for certifica-
tion of a used oil collection center is optional and is not required by the
Act or this Chapter.
NOTE: Authority cited: Secfions 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of sections
transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§ 1 8650.2. How Do I Apply for Certification?
(a) A separate, complete application containing the information re-
quested in Secuon 18650.3, below, for each used oil collecfion center
must be submitted to the Board when requesUng cerfification.
(b) The filing period for applications is continuous.
NOTE: Authority cited: Sections 40502 and 48641 , PubUc Resources Code. Refer-
ence: Section 48660, Public Resources Code.
Page 806.77
Register 96, No. 14; 4-5-96
§ 18650.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18650.3. What Information Am I Required to Provide in
the Application for Certification?
(a) To be considered complete, applications shall contain the follow-
ing information:
(1) A request for either initial certification, or recertification.
(A) If the applicatiori is for recertification, it shall include only that in-
formation which has changed since the last application for certification
was submitted to the Board.
(2) The name, street and mailing address, and phone number (if appH-
cable) of the used oil collection center, and, if different, of the operator.
(3) The type of organization which the operator represents.
(A) If the organization is an individual business doing or proposing to
do business under a different name, the applicant shall provide a copy of
the fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a
copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the
corporate number as assigned by the Secretary of State.
(D) If the organization is a husband and wife co-ownership, the appli-
cation shall contain both names.
(E) If the organization is a local government agency, the applicant
shall provide a copy of either an authorizing letter or a resolution from
the governing board.
(F) If the operation is a private, nonprofit program, the applicant shall
provide verification of nonprofit status. Any one of the following will
constitute verification:
1. A copy of a letter from the Federal Internal Revenue Service con-
firming tax exempt status pursuant to Section 501(c)(3) of the Internal
Revenue Code; or
2. A copy of a letter from the State of California Franchise Tax Board
confirming tax exempt status pursuant to Section 23701(d) of the Reve-
nue and Taxation Code; or
3. A corporate number as assigned by the Secretary of State.
(4) The federal identification number (employer ID number) of the or-
ganization.
(5) A description of the physical location of the facility in relation to
the nearest cross street.
(6) If it is a proposed operation, the specific date the center intends to
begin accepting used oil from the pubhc at no charge and offering the re-
cycling incentive.
(7) If it is an existing facility, the specific date the center began accept-
ing used oil from the public at no charge and offering the recycling incen-
tive.
(8) The actual days and hours the used oil collection centers is, or will
be, open for business.
(9) The actual days and hours the used oil collection center is, or will
be, accepting used oil from the public at no charge and offering the
recycling incentive.
(10) If applicable, the hazardous waste generator identification num-
ber assigned by either the Department of Toxic Substances Control or the
U.S. EPA.
(11) Description of operations conducted at the collection center, if
any, in addition to the collection of used oil from the public. Description
of other materials collected for disposal and/or recycling at the facility.
(12) Total anticipated or actual used oil storage vessel capacity of all
storage vessels on site, in gallons.
(13) If the application is for initial certification, a description of the
type and frequency of advertising which will be conducted to comply
with Section 18651.4 of this Chapter.
(14) If the application is for recertification, a description of the method
and frequency of each type of advertising conducted (since the previous
application for certification was submitted) to comply with Section
48660(b)(4) of the Public Resources Code and Section 18651.4 of this
Chapter. Whenever possible, an example or facsimile of each advertising
event should be included.
(15) An indication whether the proposed operator or owner also oper-
ates or owns a used oil hauler business, as defined in Public Resources
Code Section 48623, or a used oil recycling facility, as defined in Public
Resources Code Section 48624.
( 1 6) Identify the company name or individual and address to whom the
Board should pay the recycling incentive.
(17) Any other information the Board determines is necessary to aid
in a finding of compliance with Public Resources Code Section
48660(b).
(b) The application shall be signed by the applicant(s) as described be-
low, under penalty of perjury. The signature block shall contain an affida-
vit stating the following: "I certify, under penalty of perjury, that the in-
formation contained in this application is true and correct to the best of
my knowledge, and that the facility for which this application is being
made is currently in compliance with all Federal, State and local require-
ments. I certify that the property owner is aware that I am applying to
become a certified used oil collection center and will be accepting used
oil from the public. I agree to operate in comphance with the require-
ments of the California Oil Recycling Enhancement Act, and with all re-
lated regulatory provisions."
(1) If the operator is a partnership, the application shall be signed by
at least one partner with authority to bind the partnership.
(2) If the operator is a firm, association, corporation, county, city, pub-
lic agency or other governmental entity, the application shall be signed
by the chief executive officer or the individual with authority to legally
bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, the application
shall be signed by both the husband and the wife.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-2 1-93 order including amendment of subsec-
tions (a)(3)(C)l., (a)(3)(F)]. -3., (b) and (b)(3), repealer of subsections
(a)(8)-(a)(8)(C) and subsection renumbering, and new subsection (a)(] 6) trans-
mitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 18650.4. How Does the Board Process an Application for
Certification of a Used Oil Collection Center?
(a) The Board issues an identification number to all used oil collection
centers upon receipt of an application for initial certification.
(b) All applications for certification are reviewed by the Board for
compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify
the ongoing accuracy of information contained in a certification applica-
tion.
(d) The Board will notify an applicant in writing within a minimum of
six (6), a median of eight (8), and a maximum often (10) working days
of receipt of the application that it is either:
(1) Complete and correct and accepted for further review; or
(2) Incomplete and rejected and the reason(s) for rejection.
(e) Upon determining that an application is complete and correct, the
Board shall notify the applicant in writing within a minimum of twenty-
five (25), a median of thirty-five (35), and a maximum of forty-five (45)
calendar days that certification is either:
(1) Granted; or
(2) Denied and the reason(s) for denial.
(f) If the Board grants certification, the applicant shall receive the writ-
ten notice, a certificate, and a certification sign.
Page 806.78
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18651.0
(g) If the Board denies certification of a used oil collection center, and
the applicant wishes a hearing on such denial, a request for hearing must
be made to the Board in writing.
(h) Reasons for denial of certification may include, but are not limited
to:
( 1 ) Failure to provide information or documentation to substantiate the
application as stipulated in Section 18650.3 of this Chapter;
(2) For recertification:
(A) The used oil collection center's certification history demonstrates
a pattern of operation in violation of the requirements of the Act, includ-
ing any relevant regulations;
(B) The used oil collection center's certification history demonstrates
outstanding fines, penalties, or unresolved audit findings.
1. If the certification of a used oil collection center is denied, the appli-
cant can reapply for certification at any time.
NOTE: Authority cited: Sections 40502 and 4864 1 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificateof Compliance as to 1-2 1-93 order including amendment of subsec-
tions (d) and (h)(2)(AHh)(2)(B)l. transmitted to OAL 5-21-93 and filed
7-6-93 (Register 93, No. 28).
3. Amendment of subsection (f) filed 6-16-95; operative 7-17-95 (Register 95,
No. 24).
§ 18650.5. May a Person Withdraw an Application for
Certification?
Yes. An applicant may withdraw an application from review by the
Board. Such withdrawal shall be requested in writing and submitted to
the Board. A withdrawal of application does not prohibit the operator of
a used oil collection center from reapplying at a later date.
NOTE: Authority cited: Sections 40502 and 4864 1 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8650.6. As the Operator of a Certified Used Oil
Collection Center, Might There Ever be an
Occasion When I Will Need to Submit a New
Application?
(a) Yes. An operator shall be required to file a new application with the
Board in accordance with the requirements of this Chapter when any of
the following conditions occur:
(1) A change in the location of the certified used oil collection center;
or
(2) A change in the operator of the certified used oil collection center;
or
(3) Expiration of the certificate pursuant to Section 1 8650.8 of this Ar-
ticle.
(b) Because a certificate is not transferrable (see Section 18650.9 of
this Article, an application for initial certification must be submitted
whenever there is a change in the location or operator of a certified used
oil collection center.
(c) An application for initial certification or recertification shall be
submitted at least sixty (60) calendar days prior to any of the events listed
in (a) above to avoid any loss of incentive payments.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-2 1-93 order includinc amendment of subsec-
tion (a)(1) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (c) filed 6-16-95; operative 7-17-95 (Register 95,
No, 24).
§ 18650.61 . As the Operator of a Certified Used Oil
Collection Center, What Should I Do if I Decide
to Cease Collection Center Operations?
You should notify the Board, in wridng, of your intention to cease col-
lection center operations a minimum of thirty (30) days prior to cessation
of operation. This written notice should indicate the date the collection
center will cease accepting used lubricating oil from the public. Within
thirty (30) days of cessation of operation, you must return your certificate
and certification sign (if issued by the Board) to the Board.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
§ 18650.7. What Should I Do with the Certificate Once I
Have Received It?
(a) The certificate shall be kept on file at the used oil collection center.
An operator may request that the certificate be kept on file at another lo-
cation, and the Board may grant approval of such request when the re-
quest is submitted in writing and the following conditions are met:
(1 ) A copy of the certificate with a statement indicating where the orig-
inal certificate is maintained is kept at the used oil collection center; and
(2) The original certificate is maintained at the main business office of
the operator where records and reports meeting the requirements of this
Chapter are maintained.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transnutted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
3. Editorial correction deleting duplicate, misplaced History 2 (Register 96, No.
16).
§ 1 8650.8. When Does My Certificate Expire?
A certificate shall be valid for two (2) years from the date certification
is approved by the Board, or until such time as it is voluntarily surren-
dered by the operator, denied pursuant to Section 18650.4 of this Chap-
ter, or canceled by the Board pursuant to Section 48660(a) of the Public
Resources Code.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8650.9. Is a Certificate Transferrable or Assignable?
No. The certificate is issued to a specific used oil collection center op-
erator for a specific location and is neither transferrable nor assignable
to any other person.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New secfion filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-2 1 -93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8651 .0. What Must I Do with a Certificate Sign Once I
Have Received \t?
(a) All certified used oil coUecfion centers shall display a certification
sign provided by the Board. The sign shall be in compliance with Public
Page 806.79
Register 96, Nos. 15-16; 4-19-96
§ 18651.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Resources Code Section 48660(b)(4) and will also include the following
information:
(1) State of California Certified;
(2) Contaminated oil, or oil suspected of contamination, may not be
accepted;
(3) Space for insertion, by operator, of the center operating hours.
(b) The certification sign must be posted in a location easily readable
from a public street. The sign may be posted in a different location if re-
quested in writing and approved in writing by the Board.
(c) The certification sign shall not be displayed by any person, compa-
ny, or other entity not approved for certification by the Board.
(d) The certification sign is the property of the Board and shall be re-
turned to the Board upon surrender, expiration, or cancellation of certifi-
cation.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-2 1-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (a), repealer of subsection (a)(2) and subsection re-
numbering filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 1 8651 .1 . What If Local Zoning Ordinances Prevent
Posting of the Sign Provided by the Board?
Where local zoning ordinances do not permit posting of the sign pro-
vided by the Board in accordance with Section 18651.0 of this Article,
the Section 48660(b)(4) of the Public Resources Code, the collection
center operator must petition the Board by submitting a written request
describing how the center will meet these requirements. The Board shall
notify the center in writing within thirty (30) calendar days of receipt of
the petition that its request is either:
(a) Approved; or
(b) Denied and the reasons for denial.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order including amendment of subsec-
tions (a) and (b) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No.
28).
§ 1 8651 .2. What Are the Required Operational Procedures
for Certified Used Oil Collection Centers?
(a) Certified used oil collection centers operators shall operate in ac-
cordance with all Federal, State and local laws and regulations.
(b) Certified used oil collection centers shall accept used oil from the
public at no charge and shall verbally offer to pay persons an amount
equal to the recycling incentive the center will receive for the used oil.
(c) Certified used oil collection center operators shall not accept more
than twenty (20) gallons of used oil, in containers not larger than five (5)
gallons, from a person each day.
(d) Operators of certified used oil collection centers may set a maxi-
mum limit for used lubricating oil accepted at certified centers. The max-
imum limit may not be less than 5 gallons per person per day.
(e) Used oil received from the public may be refused if it is contami-
nated by materials which render the used oil infeasible for recycling. Cer-
tified used oil collection center operators shall provide the name and ad-
dress of the nearest business or governmental entity which accepts
contaminated oil to any member of the public whose used oil is refused
due to contamination.
(f) If the collection center accepts used industrial oil in addition to used
lubricating oil, it shall maintain a Used Industrial Oil Receipt Log. The
Industrial Oil Receipt Log shall include:
(1) Date used industrial oil received; and
(2) Quantity of used industrial oil received, in gallons or quarts.
(g) If the collection center is owned or operated by a used oil hauler
or a used oil recycling facility, it shall maintain a Used Oil Receipt Log.
The Used Oil Receipt Log shall include:
(1) An entry for each receipt of used oil. This entry shall include:
(A) Printed name and signed name of patron;
(B) Date received;
(C) Quantity of oil received, in gallons or quarts;
(D) Amount of recycling incentive fee paid, if any;
(E) Indication if the oil is lubricating or industrial oil; and
(F) An indication if the used lubricating oil was:
1 . From out of state (in which case no incentive payment was made);
or
2. Anonymously donated.
(h) Logs must be available for inspection at the collection center, or
other location specified in accordance with Section 18650.7 of this Ar-
ticle, during normal business hours. Logs must contain data for the last
three-year period.
(i) If the collection center is owned or operated by a used oil hauler or
a used oil recycling facility:
(1) The percentage of anonymously donated used lubricating oil re-
ceived must not exceed ten (10) percent of the total amount received for
any quarter.
(2) The Board may refuse to pay the recycling incentive to the center
for the amount of anonymously donated used lubricating oil in excess of
ten (10) percent of the total amount received for any quarter.
(3) Should a center wish to receive payment of the recycling incentive
for a quantity of anonymously donated used lubricating oil in excess of
ten (10) percent of the total amount received for any quarter, the center
shall petition the Board for approval. Such petition shall be a written re-
quest describing why the center is entitled to payment. The Board shall
notify the center in writing within thirty (30) calendar days of receipt of
the petition that it is either:
(A) Approved, or
(B) Denied and the reasons for denial.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order including amendment of subsec-
tions (a) and (e), new subsections (0-(f)(l )(F)3, and (h)-(h)(3)(B), and subsec-
tion renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93,
No. 28).
3. Amendment of section and Note filed 6-16-95; operative 7-17-95 (Register
95, No. 24).
§ 1 8651 .3. How Do I Calculate the Amount of Recycling
Incentive I Owe to a Person Delivering Used
Oil?
(a) To calculate the payment, multiply the total number of quarts re-
ceived by the value of the recycling incentive set by the Board. Payment
to the patron must be based on a determination of the nearest quart.
(b) A certified used oil collection center shall have available at all
times graduated container capable of accurately measuring, in one quart
increments, and safely transferring, one liquid gallon. The graduated
container shall be used for measurement if the amount of oil brought in
by the public is in question by either the patron or the collection center
staff.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660(b)(2), Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
3. Editorial correction of subsection (b) (Register 95, No. 20).
Page 806.80
Register 96, Nos. 15-16; 4-19-96
Title 14
California Integrated Waste Management Board
$ 18651.8
§ 1 8651 .4. As the Operator of a Certified Used Oil
Collection Center, How Do I Comply with the
Act's Requirement for Periodic Advertising in
Local Media?
(a) Advertising using one or more of the following mechanisms at least
once every six months shall constitute compliance with the requirements
of the Act:
(1) Newspaper, magazine, newsletter or other periodic publication;
(2) Radio;
(3) Press releases, public service announcements, or feature news;
(4) Printed material including brochures or posters;
(5) Outdoor advertising including billboards and transit signs;
(6) Special events;
(7) Television;
(8) Direct mail;
(9) Yellow pages.
(b) An advertisement shall include the name, location, and hours used
lubricating oil is accepted at the center and indicate that the center accepts
used lubricating oil at no charge, and offers payment of the recycling in-
centive.
(c) Two or more collection centers may jointly advertise their centers
provided the name, location, and hours of each center is identified, and
the form and frequency of advertisement complies with part (a) of this
Section. The advertisement must also indicate that each center accepts
used lubricating oil at no charge and offers payment of the recycling in-
centive.
(d) Should a collection center wish to implement an advertising pro-
gram different from that described in part (a) of this Section, the center
shall petition the Board for approval by submitting a written request de-
scribing how the center will meet the advertising requirement of the Act.
The Board shall notify the center in writing within a minimum often (10),
a median of twenty (20) and a maximum of thirty (30) calendar days of
receipt of the petition that its request is either:
(1) Approved; or
(2) Denied and the reasons for denial.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsections (b)-(d) filed 6-16-95; operative 7-17-95 (Register
95, No. 24).
§ 18651 .5. As a Certified Used Oil Collection Center, How
Can I Determine If Used Oil is Contaminated in
Excess of That Which Would Occur Through
Normal Use?
In order to determine contamination in excess of that which would oc-
cur through normal use, a certified used oil collection center may test
used oil received from the public for halogenated compounds, and may
conduct verbal and/or visual screening.
NOTE: Authority cited : Sections 40502 and 4864 1 , Public Resources Code . Refer-
ence: Sections 48660(c), 48660.5(a), and 48660.5(b)(1), Pubhc Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-2 1-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8651 .6. Under What Conditions Will a Contaminated
Used Oil Shipment Be Eligible for
Reimbursement of Disposal Costs, Pursuant to
Section 48660.5 of the Public Resources
Code?
(a) A shipment meeting both of the following conditions will qualify
for reimbursement:
( 1 ) Used oil which meets the criteria of Public Resources Code Section
48660.5; and,
(2) Used oil which has been properly disposed of and issued a receipt
of disposal. A Uniform Hazardous Waste Manifest may be used for this
purpose. Disposal, for the purpose of this Section, means incinerating,
burying, or otherwise processing contaminated used oil for purposes of
elimination which resuU in a higher cost than the cost to recycle non-con-
taminated used oil.
Note; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660.5(a), 48660(c), Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 18651.7. What Constitutes One Shipment in Regards to
Reimbursement of Disposal Costs, Pursuant to
Section 48660.5 of the Public Resources
Code?
A shipment may not exceed the capacity of the storage tank normally
used by the certified used oil collection center to contain used lubricating
oil received from the public.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660.5(c), Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8651 .8. How Do I Apply for Reimbursement of
Additional Disposal Costs Pursuant to Public
Resources Code Section 48660.5?
The Board shall reimburse an operator of a certified used oil collection
center for the cost of hauling contaminated oil minus the amount normal-
ly charged to haul the same amount of uncontaminated oil pursuant to the
requirements of Section 48660.5(a) of the Public Resources Code. To re-
ceive reimbursement, an operator must submit a written application to
the Board.
(a) An appUcation must include:
(1) The collection center name, its location, and its Board identifica-
tion number;
(2) The hazardous waste generator identification number (ID Number)
assigned by either the CaHfomia Department of Toxic Substances Con-
trol or the U.S. EPA;
(3) Quantity of shipment for which reimbursement is sought, in gal-
lons;
(4) Source, type, and level of contamination (if known);
(5) Registered hazardous waste hauler (pursuant to Article 6.5, Chap-
ter 6.5, Division 20, Health and Safety Code) name, ID Number, and ac-
tual total disposal cost;
(6) A statement signed by the applicant(s) as described below, under
penalty of perjury. The signature block shall contain an affidavit stating
the following: "I certify under penalty of perjury that the information
contained in this application is true and correct to the best of my knowl-
Page 806.81
Register 96, No. 14; 4-5-96
§ 18651.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(7) Signature of collection center supervisor.
(b) Applicant must also submit:
(1) A copy of invoice or receipt from a used oil hauler indicating:
(A) The Uniform Hazardous Waste Manifest number for the ship-
ment;
(B) Amount of actual total disposal cost minus the amount normally
charged to pick-up the same amount of uncontaminated oil;
(2) Copy of the Uniform Hazardous Waste Manifest from the used oil
hauler;
(3) Copy of established certified used oil collection center procedures
for preventing contamination of oil with hazardous waste.
(c) In any calendar year, a certified used oil collection center shall be
reimbursed for not more than one shipment of contaminated used oil and
for not more than five thousand dollars ($5,000) in disposal costs, subject
to the availability of funds pursuant to Public Resources Code Section
48656.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48660.5, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-2 1-93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
3. New first paragraph filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 18651.9. Must Certified Used Oil Collection Centers
Maintain Written Procedures to Prevent the
Acceptance of Contaminated Used Lubricating
Oil?
(a) Yes. Established procedures for preventing the acceptance of con-
taminated used lubricating oil must be in writing and available to Board
staff, collection center personnel, and the public during normal business
hours.
(b) Procedures may include:
(1) Posted signs which list unacceptable contaminants;
(2) A list of questions to ask patrons regarding contaminants;
(3) A description of tests of used oil for the presence of contaminants.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48660 and 48660.5, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. New NOTE filed 6-16-95; operadve 7-17-95 (Register 95, No. 24).
Article 6.1 . Registration Requirements for
Industrial Generators, Operators of Curbside
Collection Programs, and Electric Utilities
§ 18653.0. Scope and Applicability.
In addition to the general requirements of this Chapter, industrial gen-
erators, operators of curbside collection programs, and electric utilities
wishing to claim the used oil recycling incentive must comply with the
provisions of this Article.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48651, Public Resources Code.
History
1. New article 6.1 (secfions 18653.0-18653.6) filed 1-21-93 as an emergency; op-
erative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be
transmitted to OAL 5-2 1-93 or emergency language will be repealed by opera-
tion of law on the following day.
2. Certificate ofCompliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§18653.1. Purpose.
The Board requires registration of all industrial generators, operators
of curbside collection programs, and electric utilities to facilitate the pay-
ment of recycling incentives.
NOTE; Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Section 48651, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certi ficate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 18653.2. As an Industrial Generator, Operator of
Curbside Collection Program, or Electric
Utility, How Do I Register to Receive Payment
of Recycling Incentives?
(a) To register to receive payment of the recycling incentive, a sepa-
rate, complete application must be submitted to the board by each indus-
trial generator, operator of a curbside collection program, or electric util-
ity.
(b) Applicants may apply for registration in either of the following
ways:
(1 ) Register separately for each location at which used lubricating oil
is collected.
(2) Register jointly for multiple used lubricating oil collection loca-
tions. If this option is chosen, a primary registrant must provide the infor-
mation required by Section 18653.3 of this Chapter. The following infor-
mation must also be provided for each additional location:
(A) Facility name;
(B) Street address;
(C) County;
(D) Phone number;
(E) If applicable, the hazardous waste generator identification number
assigned by either the Department of Toxic Substances Control or the
U.S. EPA.
(3) Only applicants for registration which are from the same category
may apply following the procedures described in section (2) above. For
example, an industrial generator and a curbside collection program must
submit separate applications for registration.
(c) The filing period for applications is continuous.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48651, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operadve 1-21-93 (Register 93,
No. 4). A Certificate ofCompliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsecfions
(b)-(b)(3) and subsection renumbering transmitted to OAL 5-21-93 and filed
7-6-93 (Register 93, No. 28).
§ 18653.3. What Information Am I Required to Provide in
the Application for Registration?
(a) To be considered complete, applications for registration shall con-
tain the following information:
(1) A request for either initial registration, or for a change in registra-
tion.
(A) If the application is for a change in registration, it shall include
only that information which has changed since the last application for
registration was submitted to the Board.
(2) The type of organization which the generator or program repre-
sents.
(A) If the organization is an individual business doing or proposing to
do business under a different name, the applicant shall provide a copy of
the fictitious business name statement.
(B) If the organization is a partnership, the applicant shall provide a
copy of the current partnership agreement.
(C) If the organization is a corporation, the applicant shall provide the
corporate number as assigned by the Secretary of State.
Page 806.82
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18653.5
•
•
(D) If the organization is a husband and wife co-ownership, the appli-
cation shall contain both names.
(E) If the organization is a local government agency, the applicant
shall provide a copy of either the authorizing letter or resolution from the
governing board.
(F) If the operation is a private, nonprofit program, the applicant shall
submit verification of nonprofit status. Any one of the following will
constitute verification:
1. A copy of a letter from the Federal Internal Revenue Service con-
firming tax exempt status pursuant to Section 501(c)(3) of the Internal
Revenue Code; and
2. A copy of a letter from the State of California Franchise Tax Board
confirming tax exempt status pursuant to Section 23701 (d) of the Reve-
nue and Taxation Code; or
3. A corporate number assigned by the Secretary of State.
(3) The federal identification number (employer ID number) of the or-
ganization.
(4) If the organization is an industrial generator or an electric utility,
a description of the physical location of the facility in relation to the near-
est cross street.
(5) If an industrial generator or an electric utihty, the name, street and
mailing address, and phone number of the operation.
(6) If an electric utility, the Public Utilities Commission identification
number, if applicable.
(7) If a curbside collection program, the name, street and mailing ad-
dress, and phone number of the offices of the program operator.
(8) If the organization is a curbside collection program, the actual days
of collection, the jurisdiction or area serviced, and a description of other
materials collected.
(9) If applicable, the hazardous waste generator identification number
assigned by either the Department of Toxic Substances Control or the
U.S. EPA.
(10) If an industrial generator, description of the type of business con-
ducted.
(11) An indication whether the proposed applicant also operates or
owns a used oil hauler business, as defined in Public Resources Code
Section 48623, or a used oil recycling facility, as defined in Public Re-
sources Code Section 48624.
(12) Identify the company name or individual and address to whom the
Board should pay the recycling incentive.
(13) Any other information the Board determines is necessary to aid
in a finding that the organization is eligible for payment of recycling in-
centives pursuant to Public Resources Code Section 48651.
(b) The application shall be signed by the applicant(s) as described be-
low, under penalty of perjury. The signature block shall contain an affida-
vit stating the following: "I certify under penalty of perjury that the infor-
mation contained in this application is true and correct to the best of my
knowledge, and I agree to operate in compliance with the requirements
of the California Oil Recycling Enhancement Act, and with all related
regulatory provisions."
(1) If the operator is a partnership, the application shall be signed by
at least one partner with authority to bind the partnership.
(2) If the operator is a firm, association, corporation, county, city, pub-
lic agency or other governmental entity, the application shall be signed
by the chief executive officer or the individual with authority to legally
bind the entity to a contract.
(3) If the operator is a husband and wife co-ownership, the application
shall be signed by both the husband and wife.
Note-. Authority cited; Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48651, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tions (a)(2)(C)l ., (a)(2)(F) 1 .-3. and (b)(3), and new subsection (a)(l 1) and sub-
section renumbering transmitted to OAL 5-21-93 and fded 7-6-93 (Register
93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 18653.4. What Will the Board Do with the Application for
Registration Once it is Submitted for Review?
(a) The Board will issue an identification number to all industrial gen-
erators, operators of curbside collection programs, and electric utilities
upon receipt of the application for registration.
(b) All applications for registration will be reviewed by the Board for
compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify
the ongoing accuracy of information contained in the registration appli-
cation.
(d) The Board will notify the applicant in writing within a minimum
of six (6), a median of eight (8), and a maximum often (10) working days
of receipt of the application that it is either:
(1) Complete and correct and accepted for further review; or
(2) Incomplete and rejected and the reasons for rejection.
(e) Upon determining that an application is complete and correct, the
Board shall notify the applicant in writing within a minimum of twenty-
five (25), a median of thirty-five (35), and a maximum of forty-five (45)
calendar days that registration is either:
(1) Granted; or
(2) Denied and the reasons for denial.
(f) Reasons for denial of registration may include, but will not be lim-
ited to, any of the following:
(1) Failure to provide information or documentation to complete the
application as stipulated in Section 18653.3 of this Chapter;
(2) The industrial generator's, curbside collection program's, or elec-
tric utilities' registration history demonstrates a pattern of operation in
violation of the requirements of the Act, including all relevant regula-
tions adopted herein;
(3) The industrial generator's, curbside collection program's, or elec-
tric utilities' registration history demonstrates outstanding fines, penal-
ties, or unresolved audit findings.
NOTE: Authority cited; Sections 40502 and 48641, Public Resources Code. Refer-
ence; Section 48651, Public Resources Code.
H [STORY
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tions (f)(2) and (f)(3) transmitted to OAL 5-21-93 and filed 7-6-93 (Register
93, No. 28).
§ 18653.5. As an Industrial Generator, Operator of a
Curbside Collection Program, or an Electric
Utility, May I Withdraw an Application for
Registration?
Yes. An applicant may withdraw an application from review by the
Board. Such withdrawal shall be requested in writing and submitted to
the Board. A withdrawal of application does not prohibit an industrial
generator, an operator of a curbside collection program, or an electric
utility from reapplying at a later date.
NOTE: Authority cited; Sections 40502 and 48641 , Public Resources Code. Refer-
ence; Section 48651, Public Resources Code.
•
Page 806.83
Register 96, No. 14; 4-5-96
§ 18653.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18653.6. As an Industrial Generator, an Operator of a
Curbside Collection Program, or an Electric
Utility Which Has Already Registered, Might
There Ever Be an Occasion When I Will Need to
Submit a New Application?
(a) Yes. Should there be a change in any of the information included
in the most recent registration application submitted to the Board you are
required to submit a new application.
(b) A new application shall be submitted at least sixty (60) calendar
days prior to implementing the changes in part (a) above to avoid any
lapse in incentive payments.
NOTE; Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Section 48651 , Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1-2 1 -93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18654. How Does the Board Calculate Used Oil
Recycling Rates?
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48631(c) and (d) and 48676, Public Resources Code.
History
1. New article 6.2 (section 18654) filed 1-21-93 as an emergency; operative
1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted
to OAL 5-21-93 or emergency language will be repealed by operation of law
on the following day.
2. Repealer of article 6.2 and section filed 7-6-93; operative 7-6-93 (Register 93.
No. 28).
Article 7. Recycling Incentive Payments
§ 18655.1. Who Can Receive Recycling Incentive
Payments?
Used oil collection centers certified pursuant to Article 6 of this Chap-
ter, and industrial generators, curbside collection programs, and electric
utilities registered pursuant to Article 6. 1 of this chapter are eligible to
receive recycling incentive payments.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b). Public Resources Code.
History
1. New article 7 (sections 18655.1-18656.0) filed 1-21-93 as an emergency; op-
erative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be
transmitted to OAL 5-21-93 or emergency language will be repealed by opera-
fion of law on the following day.
2. Certificate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1-93 and
filed 7-6-93 (Register 93, No. 28).
§ 18655.2. On What Used Oil Can a Recycling Incentive Be
Paid?
(a) For industrial generators, certified used oil collection centers, and
curbside collection programs, all lubricating oil sold or transferred in this
state or imported into this state after October 1, 1 992, for which a $0.04
per quart of $0.16 per gallon fee was paid to the State of California and,
after use, was transported after April 1 , 1 993, by a used oil hauler to a cer-
tified used oil recycling facility, or to an out-of-state facility registered
with the U.S. EPA and in compliance with the regulations of the state in
which the facility is located, is eligible for payment of a recycling incen-
tive.
(b) Certified used oil collection centers may claim the recycling incen-
tive only for used lubricating oil collected from the public and/or gener-
ated on-site by the used oil collection center. A certified used oil collec-
tion center cannot claim the recycling incentive for used oil generated by
an entity other than the center, except used oil delivered by the public in
quantities of no more than 20 gallons per person per day.
(c) For electric utilities, all lubricating oil sold or transferred in this
state or imported into this state after October 1 , 1 992, for which a $0.04
per quart or $0.16 per gallon fee was paid to the State of California and,
after use, was used to generate electricity after April 1, 1993, is eligible
for payment of a recycling incentive. Electric utilities may only claim re-
cycling incentive payinents for lubricating oil used in equipment owned
by the electric utility.
(d) If the Board finds that it has paid a recycling incentive for used lu-
bricating oil which was transported to a non-certified used oil recycling
facility, or to an out-of-state facility not in compliance with regulations
of the state in which the facility is located, the claimant shall be responsi-
ble for refunding the amount of the payment to the Board. Any refunds
may be deducted from future recycling incentive claims.
(e) If the Board finds that it has paid the recycling incentive to the oper-
ator of a used oil collection center which was not accepting used lubricat-
ing oil from the public at no charge and offering the recycling incentive,
the claimant shall be responsible for refunding the amount of the payment
to the Board. Any refunds may be deducted from future recycling incen-
tive claims.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b), Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operanve 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsecfions (b)
and (d) and subsecfion relettering transmitted to OAL 5-21-93 and filed
7-6-93 (Register 93, No. 28).
3. Amendment of subsection (d) and new subsection (e) filed 6-16-95; operative
7-17-95 (Register 95, No. 24).
§ 18655.3. When Can an Incentive Claim Be Submitted?
No more than three incentive claims per quarter shall be submitted to
the Board. The last claim for a quarter must be postmarked on or before
the last day of the month following that quaiter.
NOTE: Authority cited: Secfions 40502 and 48641, Public Resources Code. Refer-
ence: Secfions 48651(a) and (b) and 48670, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21 -93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
§ 18655.4. How Long After Used Oil Is Hauled Away, or
Used to Generate Electricity By an Electric
Utility Must an Incentive Claim Be Submitted?
A claim must be submitted by the last day of the month following the
quarter in which the used lubricating oil was transported by a used oil
hauler to a used oil recycling facility, or used to generate electricity by
an electric utility.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Sections 48651(a) and (b). Public Resources Code.
History
1. New secfion filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2 . Certi fi cate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8655.5. How Do Incentive Claims Relate to Quarterly
Reports, as Described in Public Resource
Code Section 48670?
(a) Incentive claims satisfy the quarterly report requirements. Busi-
nesses must provide a quarterly report or submit a recycling incentive
claim only if they want payment for used oil hauled during the quarter.
•
Page 806.84
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18655.8
(b) Industrial generators, curbside collection programs, electric utili-
ties, and certified used oil collection centers must submit an incentive
claim/report on or before the last day of the month following each quarter
in which used lubricating oil was:
( 1 ) Transported by a used oil hauler to a certified used oil recycling fa-
cility;
(2) Transported by a used oil hauler to an out-of-state facihty regis-
tered with the U.S. EPA and in compliance with the regulations of the
state in which the facility is located; or
(3) Used by an electric utility to generate electricity.
(c) No more than three incentive claims/reports will be accepted for
each quarter.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b), and 48670, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-2 1-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (a) filed 6-16-95; operafive 7-17-95 (Register 95,
No. 24).
§ 1 8655.51 . If i Operate More Than One Certified Used Oil
Collection Center, May I Submit a Single
Recycling Incentive Claim?
(a) Yes, upon written approval by the Board.
(b) If an operator of more than one certified collection center wishes
to submit a single incentive claim for multiple centers, the operator shall
make such request for approval in writing. The Board shall notify the op-
erator in writing within forty-five (45) calendar days of receipt of the re-
quest that it is either:
(1) Approved; or
(2) Denied and the reasons for denial.
(c) A single incentive claim for multiple centers must include the in-
formation required by Sections 18655.6(b), (3), (5), (6), (7), (8), and (9)
of this Chapter, for each certified center. The person completing the
single incentive claim must provide the information specified in Sections
18655.6(b) (1), and (b)(2) and sign a penalty of perjury statement pur-
suant to part (b)(4).
(d) Manifest or modified manifest receipts and, if applicable, copies
of the purchase receipts, invoices, or other documentation showing pay-
ment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling
fee must include the identification number as issued by the Board pur-
suant to Section 18650.4(a) or 18653.4(a) of this Chapter.
NOTE: Authority cited: Sections 40502 and 48641, Public Resources Code. Refer-
ence: Sections 48651(a) and (b), 48660, and 48670, Public Resources Code.
History
1 . New section filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
§ 18655.6. What Must Be Submitted With an Incentive
Claim?
Incentive claims submitted by industrial generators, curbside collec-
tion programs, certified used oil collection centers and electric utilities
must:
(a) Be accurate, complete, and typed or legibly handwritten in English;
and
(b) Contain all of the following information:
(1 ) Full name, address, and telephone number of the certified or regis-
tered entity preparing the incentive claim/report; and
(2) Full name and telephone number of a contact person for purposes
of the report; and
(3) The identification number as issued by the Board pursuant to Sec-
tion 18650.4(a) or 18653.4(a) of this Chapter.
(4) The signature and title of the representative of the entity authorized
to prepare the report. The signature block shall contain an affidavit stat-
ing the following: "I certify under penalty of perjury that the information
contained in this claim/report, including attached copies of invoices,
manifests and manifest receipts, is true and correct, and that no other
claim has been submitted on this used oil to the best of my knowledge.";
and
(5) If applicable, the amount of new lubricating oil purchased from a
vendor or an oil inanufacturer in the quarter or since the last incentive
claim/report was submitted. Specify if no lubricating oil was purchased;
(6) If lubricating oil was purchased, copies of the purchase receipts,
invoices, or other documentation showing payment of the $0.04 per quart
or $0.16 per gallon lubricating oil recycling fee to a vendor or the State
of California;
(7) The amount of used lubricating oil transported to a certified used
oil recycling facifity or to an out-of-state facility registered with the U.S.
EPA and in compliance with the regulations of the state in which the fa-
cility is located for the period since the previous claim;
(8) Copies of completed, typed or legibly handwritten manifests or
modified manifest receipts from used oil haulers pursuant to Health &
Safety Code Section 25250.8 for the amount of used lubricating oil for
which a claim is being made;
(9) Electric utilities shall include the amount of lubricating oil used to
generate electricity pursuant to Public Resources Code Section 4865 1 (b)
for the period since the previous claim; and
(10) The total monetary amount being claimed.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b), and 48670, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate ofCompliance as to 1-21 -93 order including amendment of subsec-
tions (b)(1) and (b)(4)-(5) transmitted to OAL 5-21-93 and filed 7-6-93 (Reg-
ister 93, No. 28).
3. Amendment of subsecUon (b)(8) filed 6-16-95; operative 7-17-95 (Register
95, No. 24).
§ 18655.7. Where Are Incentive Claims Submitted?
Incenuve Claims and Quarterly Reports shall be delivered to the
Board's main business office, to the attention of the Accounting Section.
The outside of the package containing the claims must be clearly marked:
"Used Oil Recycling Incentive Claim Enclosed."
NOTE: Authority cited: Secfions 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b) and 48670, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 1 8655.8. What Records Must I Keep to Support an
Incentive Claim?
(a) Certified used oil collection centers must:
(1 ) If applicable, retain copies of purchasing receipts for all lubricating
oil purchased that denote a fee of $0.04 per quart or $0. 1 6 per gallon was
paid to the State of California or a vendor; and
(2) Retain copies of manifests or modified manifest receipts from used
oil haulers to support an incentive payment claim; and
(3) Maintain a log consistent with Section 18651.2 of this Chapter, if
used industrial oil is accepted in addiUon to used lubricating oil.
(b) Curbside collecfion programs must:
(1) Retain copies of manifests or modified manifest receipts from used
oil haulers to support an incentive payment claim.
(c) Electric ufilities must:
(1) Retain copies of purchasing receipts for all lubricating oil pur-
chased that denote a fee of $0.04 per quart of $0.16 per gallon was paid
to the State of California or to a vendor; and
(2) Maintain documentation indicating:
(A) The date that used lubricating oil from utility-owned equipment
was used to generate electricity; and
(B) The amount, in gallons of used lubricating oil from utility-owned
equipment that was used to generate electricity.
Page 806.85
Register 96, No. 14; 4-5-96
§ 18655.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(d) Industrial generators:
(1) Must retain copies of purchasing receipts for any lubricating oil
purchased that specify a fee of $0.04 per quart or $0.16 per gallon was
paid to the State of California, or to the distributor; and
(2) Must retain copies of manifests or modified manifest receipts from
used oil haulers; and
(3) Must retain all vouchers issued by the Board verifying refunds of
fees paid by the Board for lubricating oil thai was ultimately used for a
use exempt from payment pursuant to Section 48650 of the Public Re-
sources Code.
NOTE; Authority cited: Sections 40502 and 48670, Public Resources Code. Refer-
ence: Sections 4865 1(a) and (b), and 48670, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including repealer of subsection
(b)(1) and subsection renumbering transmitted to OAL 5-21-93 and filed
7-6-93 (Register 93, No. 28),
§ 18655.9. What Happens If My Incentive Claim is
Rejected?
The Board will notify the claimant within thirty (30) calendar days if
an incentive claim is rejected and include the reasons for rejection. The
claimant may resubinit a revised claim. If the Board denies payment of
an incentive claim, the claimant may submit a written request for a Board
hearing. Request for a hearing must be submitted within thirty (30) days
of notification of rejection.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48660 and 48680, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of section
transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§ 1 8656.0. How Long Will It Take for the Board to Process
My Claim?
You can expect payment for your incentive claim within fifty (50) cal-
endar days of the postmark date of your claim. The Board will process
and forward your claim for payment to the State Controllers Office
(SCO) within 35 days after the postmark date. If the Board finds cause
to investigate any provisions of your claim this time period will be ex-
tended until resolution. The SCO will pay the claim within 15 calendar
days of receipt of the claim from the Board.
NOTE: Authority cited: Sections 40502 and 48641 , Public Resources Code. Refer-
ence: Sections 48651(a) and (b), and 48670, Public Resources Code. Section
926.17, Government Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. Amendment of section and NOTE filed 6-16-95; operative 7-17-95 (Register
95, No. 24).
Article 8.
General Provisions for Used Oil
Recycling Grants
§18658.0. Scope and Applicability.
The regulations contained in this Chapter pertain to grants from the
California Used Oil Recycling Fund (Fund) to local agencies for the im-
plementation of used oil collection programs.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48613, 48690 and 48691, Public Resources Code.
History
1. New article 8 (sections 18658.0-18658.3) filed 1-21-93 as an emergency; op-
erative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be
transmitted to OAL 5-2 1-93 or emergency language will be repealed by opera-
tion of law on the following day.
2. Certi ficate of Compliance as to 1 -2 1 -93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
§ 18658.1. Programs Eligible for Funding.
(a) Used oil collection programs eligible for funding from the Fund
shall provide for activities relating to the implementation of existing or
new used oil collection programs. These programs shall meet either of
the criteria listed below or a combination of the two based upon how
many residents are served by each:
( 1 ) Ensure that at least one certified used oil collection center is avail-
able for every 100,000 residents not served by curbside used oil collec-
tion. For example, one certified used oil collection center must be avail-
able for a program with 100,000 residents or less, and three must be
available for a program serving 240,000 residents. The center shall ac-
cept used oil from the public at no charge. The center shall be open at least
four days a week for a total of 20 hours of which three hours each week
are outside the weekday hours of 8:00 a.m. through 5:30 p.m.
(2) Provide curbside collection at least once a month.
(b) Programs eligible for funding from the Fund shall include a public
education program to inform the public of locally available used oil re-
cycling opportunities.
(c) A local agency may impleinent its used oil collection program in
conjunction with other similar programs in order to improve used oil re-
cycling efficiency.
(d) A county or local agency whose program has not served a specific
city or area within the county is not eligible to obtain the funds the city
or area would have been eligible to receive.
(1) A county may not claiin the service area of a city that provided a
used oil collection program for the area if the city meets the following cri-
teria:
(A) Was the sole sponsor of the used oil collection program for its re-
spective jurisdiction or was part of a regional program of which the
county was not a participant; and
(B) Notified the Board and the county in writing by August 31 of the
grant year that it met the provisions of this section.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
fions 48613 and 48691, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tions (a) and (a)(1), and new subsections (d)-(d)(l)(B) transmitted to OAL
5-21-93 and filed 7-6-93 (Register 93, No. 28).
§ 18658.2. Grant Application Process.
(a) To apply for a block grant, an applicant must comply with the fol-
lowing:
(1) A local agency with an eligible program shall submit the docu-
ments specified in Section 18659.1 of this Chapter in order to apply for
a grant award.
(2) An original and three (3) copies of the documents required shall be
submitted to the California Integrated Waste Management Board, at its
principal place of business in care of the Household Hazardous Waste
Section, all materials submitted will become the property of the Board
and will be retained for a minimum of three years.
(3) The required application documents must be received by the Board
on or before the close of the application period specified in Section
18658.3 of this Chapter.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
fions 48653 and 48657, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operafive 1-21-93 (Register 93,
No. 4). A Certificate of CompUance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1-21-93 ordertransmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
Page 806.86
Register 96, No. 14; 4-5-96
Title 14
California Integrated Waste Management Board
§ 18659.2
•
§ 18658.3. Grant Application Period.
Grant applications will be accepted beginning on the first business day
of September until the end of the workday on the last business day of Oc-
tober. Applications received after the last business day in October will be
returned to the applicants.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48653 and 48691, Public Resources Code.
History
1 . New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order includine amendment of section
transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
Article 8.1. Local Government Block Grants
§18659.0. Grant Amount.
(a) As specified in Section 48653 of the Public Resources Code, grants
will be given for the implementation of local used oil collection programs
to cities, based on the city's population, and counties, based on the popu-
lation of the unincorporated area of the county. Grants to regional pro-
grams will be based on the combined population of each city or unincor-
porated area which is a participant in the regional program.
(b) A local agency shall receive no more than one grant per year from
the Fund. Local agencies can pool grant funds to implement regional
used oil collection programs.
(c) All population statistics will be obtained through the most current
annually revised Department of Finance Report on Population Estimates
for California Cities and Counties, which is hereby incorporated by refer-
ence.
(d) The population of the unincorporated area in each county and pop-
ulation of each city will be used as a base number to determine the
awarded grant amount. The Board will calculate the grant amount each
applicant will receive.
(e) To determine the grant amount available to a local agency, the fol-
lowing formula will be used:
(1) Divide A, the total amount in the block grant account, by B, the
population of the state, to calculate C, the fraction or per capita value.
A/B = C
(2) Multiply C, the per capita value, by D, the population of the local
agency or regional program, to calculate E, the maximum grant amount
the local agency is eligible to receive.
CxD = E
NOTE: Authority cited: Sections 48641, 48653 and 48690, Public Resources
Code. Reference: Section 48613, Public Resources Code.
History
1. New article 8.1 (sections 18659.0-18659.5) filed 1-21-93 as anemergency;op-
erafive 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be
transmitted to OAL 5-21-93 or emergency language will be repealed by opera-
tion of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tion (e)(2) transmitted to OAL 5-2 1-93 and filed 7-6-93 (Register 93, No. 28).
§ 1 8659.1 . Contents of the Grant Application.
(a) A local agency which is eligible for a grant award, pursuant to Sec-
tion 18658.1 of this Chapter, shall submit to the Board a grant apphca-
tion. The grant application shall include, but not be limited to all of the
following:
(1) An Application Cover Sheet, provided by the Board as form
CIWMB 306 "Application Cover Sheet" (9/92), which is incorporated
herein by reference. (See Appendix A.)
(2) A Program Report, which shall include:
(A) A description of the used oil collection program and the problem
that the program is addressing;
(B) An explanation of the program's goals or objectives;
(C) Identification of the tasks necessary to complete the proposed pro-
gram and an implementation schedule for the proposed tasks;
(D) If applicable, the geographic area to be serviced by a used oil curb-
side collection program;
(E) The local agency's population and the population served by the lo-
cal agency's used oil collection program;
(F) The operation plan which describes how the program will be con-
ducted. This may include, but is not limited to, frequency of pickup for
a curbside collection program; days and hours of operation for a used oil
collection center(s); type of equipment or facilities used; and method of
used oil storage and disposal;
(G) A description of the proposed public education program to inform
the public of locally available used oil recycling opportunities;
(H) A description of funding sources other than the grant from the
Fund, which will be used for the program;
(I) Description of cooperative efforts between local government agen-
cies and interested citizen associations and groups, if any, regarding im-
plementation of the program; and
(J) If a program includes establishing a new used oil collection cen-
ter(s) to meet the block grant ehgibility requirements as specified in Sec-
tion 48691 of the Pubhc Resources Code, the report shall include a de-
scription of how the local agency will ensure the certification of the
collection center at the eariiest opportunity.
(3) A Budget Report consisting of the itemized costs of the program.
This shall include, but is not hmited to, the cost of staffing, used oil con-
tractor fees, the cost of public education, public awareness and/or adver-
tising costs, and any purchases of equipment or materials. The budget re-
port shall also contain the source(s) of funding, fees collected, as well as
the total cost of all used oil collection programs for which the request for
a grant is being made.
(4) To apply for a grant as a regional program a signed copy(s) of the
written agreement between the governing bodies involved authorizing
the grant application to act on their behalf shall be included in the grant
application.
(5) An approved resolution from each applicant's governing body au-
thorizing submittal of the application and identifying the individual au-
thorized to execute any agreements and contracts to carry out the pro-
gram.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48613, 48690 and 48691, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsec-
tions (a)(2)(F) and (a)(2)(H)-(I), new subsections (a)(2)(J) and (a)(4), and sub-
section renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register
93, No. 28).
3. Change without regulatory effect amending subsection (a)( 1) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
§ 1 8659.2. Review of Grant Application.
(a) Board staff shall review an application for a grant to verify that it
is complete and satisfies the criteria contained within Section 18659.1 of
this Chapter.
(b) Board staff may request additional information related to the grant
application required pursuant to Section 18659.1 of this Chapter if the
application is incomplete. The applicant will have a minimum of 10 (ten)
working days, or an additional time period specified by the Board, to sub-
mit the requested information to the Board or will be disqualified from
consideration for a grant.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48690 and 48691, Public Resources Code.
History
1. New secfion filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-2 1 -93 and
filed 7-6-93 (Register 93, No. 28).
Page 806.87
Register 2006, No. 48; 12-1-2006
§ 18659.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 18659.3. Terms and Conditions of a Grant Agreement.
(a) The grant recipient and the Board shall enter into a written grant
agreement which contains a description of the program, as approved, and
which identifies and ensures compliance with the terms and conditions
specified in this Section.
(b) The grant recipient shall obtain prior written approval from the
Board, or its designated representative, for any changes to the grant
agreement. All requests shall include a description of the proposed
change(s) and the reason(s) for the change(s).
(c) The grant recipient shall submit an annual report to the Board, for
the term of the grant agreement, on or before January 1 following receipt
of the grant. The report shall include any amendments to the local used
oil collection program; a description of the implementation of the pro-
gram and the extent to which the program was successful in addressing
the problem of illegal disposal of used oil; and a description of how the
block grant for the previous year was expended if applicable. The report
shall also include the following information:
( 1 ) A description of the used oil collection center program and/or curb-
side collection program;
(2) An account of the number of participants in the program;
(3) The amount of used oil collected as a result of the used oil collec-
tion center or curbside collection program(s), whichever is applicable;
(4) A description of the public education efforts; and
(5) A description of measures taken by the local agency to continue the
program.
(d) Grant recipients shall comply with all applicable federal, state and
local laws, ordinances, regulations and permits. The recipient shall main-
tain certification of the used oil collection center(s) pursuant to Section
48660 of the Public Resources Code.
(e) If a program includes establishment of a new used oil collection
center(s) or a new curbside collection program(s) to meet the block grant
eligibility requirements as specified in Section 48691 of the Public Re-
sources Code, up to fifty percent (50%) of the grant amount available to
a local agency may be withheld until the new collection center(s) be-
comes certified or the new curbside collection program becomes opera-
tional.
(f) If during the term of the grant a collection center(s) used by a local
agency to qualify for a block grant:
(1) Does not have an application(s) for certification on file with the
Board; or
(2) The center's application(s) or reapplication(s) is denied; or
(3) The center's certification(s) is canceled;
Then the local agency may be required to return grant funds used for
that center(s).
(g) If during the term of the grant a curbside collection program(s) used
by a local agency to qualify for a block grant ceases to operate, the local
agency may be required to return grant funds used for that program(s).
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48690, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including new subsections
(e)-(g) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§ 18659.4. Payment of Grant Funds.
Block grant recipients will be awarded grant funds during January of
each grant year.
NOTE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tion 48690, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of section
transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
§18659.5. Auditing.
(a) The Board, the State Controller's Office, and the State Auditor
General's Office, or their designated representatives, shall have an abso-
lute right of access to all of the grant recipient's records pertaining to a
California Used Oil Recycling Block Grant.
(b) All local agencies receiving block grants from the Fund shall main-
tain an accounting system which utilizes generally accepted accounting
principles and practices. In addition to accounting records, all source
documents associated with the accounting records shall be maintained.
Source documents include, but are not limited to, bid summaries, con-
tracts with the grant recipient, change orders showing approval by a city
or county engineer, purchase orders, invoices, paid warrants, time sheets,
labor distribution reports and payroll registers.
(c) The accounting records and pertinent documents shall be retained
by the grant recipient for at least three (3) years after expiration of the
grant agreement, or until the completion of a Board action and/or resolu-
tion of issues which may arise as a result of any litigation, claim negoti-
ation or audit.
(d) If an audit reveals that grant funds have been distributed for a pro-
gram which has either not met the criteria of Section 18658.1 of this
Chapter, and/or has not spent grant funds in accordance with the grant
agreement, the grant recipient shall repay the money received, plus inter-
est, at the rate the State would have earned on this money had it remained
in the Fund. Such forfeitures shall revert to the Fund.
(e) The Board may terminate any grant in whole, or in part, at any time
before the date of completion, whenever it is determined by the Board
that the recipient has failed to coinply with the terms or conditions of the
grant agreement. The Board shall notify the recipient within five (5)
working days, in writing, of the determination, the reasons for termina-
tion of the grant, and the effective date of termination.
NotE: Authority cited: Section 48641, Public Resources Code. Reference: Sec-
tions 48613, 48674, 48690 and 48691, Public Resources Code.
History
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93,
No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and
filed 7-6-93 (Register 93, No. 28).
3. Change without regulatory effect moving form to section 18831, appendix A
filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 14).
Chapter 8.2. Electronic Waste Recovery
and Recycling
Article 1. General
§18660.5. Definitions.
(a) For the purposes of this Chapter, the following shall apply:
(1) "Act" or "the Act" means the Electronic Waste Recycling Act of
2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended.
(2) "Approved Collector" means an authorized collector as defined in
Section 42463(b) of the Public Resources Code who applies to the
CIWMB for approval and whose application is approved pursuant to this
Chapter and therefore may be eligible for recovery payments from ap-
proved recyclers.
(3) "Approved Dual Entity" means an entity that is both an "approved
collector" and an "approved recycler" as defined in this Section.
(4) "Approved Recycler" means a "covered electronic waste recycler"
as defined in Section 42463(i) of the Public Resources Code who applies
to the CIWMB for approval and whose application is approved pursuant
to this Chapter and therefore may be eligible for recycling payments from
the CIWMB.
(5) "Bare CRT" means a Cathode Ray Tube with the vacuum relieved
and the yoke removed that has been separated from the device housing
and has had all circuit boards, wiring and other components detached
from the tube.
(6) "Bare Panel" means an LCD, gas plasma, or other non-CRT video
display panel that has been separated from the device housing and has
Page 806.88
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
§ 18660.5
•
had all circuit boards, lamps, wiring and other components detached
from the panel.
(7) "Board" means the California Integrated Waste Management
Board, when these regulations refer to an official action that be taken by
Board members.
(8) "Cancellation" means a processing or treatment method that quali-
fies CEWs for recycling payments, removes the CEWs from the payment
system eliminating the possibility of double payments, dismantles or de-
stroys the original CEW, and results in treatment residuals as specified
in Section 18660.32 of this Chapter.
(9) "Claim Activity Period" means the span of time during which an
approved recycler received CEWs from approved collectors, processed
and cancelled CEWs, and shipped treatment residuals that results in a re-
cycling payment claim being submitted to the CIWMB.
(10) "CRT" means a Cathode Ray Tube with the yoke still attached
that has been separated from a CRT device.
(1 1) "CRT device" means a whole covered electronic device contain-
ing a Cathode Ray Tube.
(12) "California Sources" of CEWs are persons as defined in Section
42463(0) of the Public Resources Code, located in California who gener-
ate CEWs after their own use of the CEW. Persons who receive, accumu-
late, consolidate, store, or otherwise handle discarded, donated or col-
lected CEWs are not the California sources of those CEWs.
(13) "CIWMB" means the California Integrated Waste Management
Board, when these regulations refer to the entity as a whole, including
staff.
(14) "Collection log" means a record maintained by an approved col-
lector that records CEW collection activities as specified in Section
18660.20G) of this Chapter.
(15) "Collective Report" means a report submitted to the CIWMB
through a trade association, a group of associations, or other organization
that represents more than one manufacturer.
( 1 6) "Commingled" means mixed together and impossible to econom-
ically or practically separate.
(17) "Covered Electronic Device" or "CED" has the same meaning,
for the purposes of this Chapter, as a covered electronic device specified
in Section 42463(f) of the Public Resources Code.
( 1 8) "Covered Electronic Waste" or "CEW" means a discarded device
that DTSC has determined to be a covered electronic device, as specified
by Section 42463(f) of the Public Resources Code.
(19) "Designated Approved Collector" means an approved collector,
as defined in subsection (a)(2) of this section, that has been designated
by a California local government to provide CEW collecfion services for
or on behalf of the local government and who, in the course of providing
the services for the local government, would not be subject to the source
documentation requirements pursuant to Section 18660.20(j)(l)(B) of
this Chapter.
(20) "DTSC" means the Department of Toxic Substances Control.
(21) "End-Use Destination" means the location where the treatment
residuals from the approved recycler are sent after cancellation.
(22) "Further treat" means, for the purposes of this Chapter, activities
such as crushing, size reduction, washing, cleaning, smelting, or similar
steps taken to process the treatment residual rendering it more market-
able. "Further treat" does not mean, for the purposes or this Chapter, re-
ceiving, storing, accumulating, consolidating, brokering, shipping, dis-
posing or other similar activities that do not alter the form of the treatment
residual.
(23) "Handler", for the purposes of this Chapter, has the same meaning
as a universal waste handler or CRT material handler, as applicable, as
defined in Secfion 66273.9 of Title 22 of the California Code of Regula-
tions.
(24) "Illegal Disposal" means, for the purposes of this Chapter, the dis-
posal or placement of CEWs on a property without the permission of the
owner(s) of, or responsible party(ies) for, the property.
(25) "Load" means a single transfer (a pick up or delivery) of CEWs,
such as from a California source to a collector or from a collector to a re-
cycler.
(26) "Load Check Activities" means, for the purposes of this Chapter,
the efforts made to identify, retrieve and divert from the disposed solid
waste stream those CEWs that have been illegally discarded by genera-
tors. "Load Check Activities" do not include the rejection or acceptance
of CEWs due to the lack of source documentation.
(27) "Manufacturer Payment" or "Manufacturer Take Back Payment"
means a payment made by the CIWMB to a registered manufacturer that
takes back covered electronic wastes (CEWs) from a California source
for the purposes of recycling the CEW pursuant to Section 42476(g) of
the Public Resources Code.
(28) "Manufacturer Payment Claim" means a registered manufactur-
er's request submitted to the CIWMB with all required documentation
for a manufacturer payment.
(29) "Manufacturer Take Back" means a program administered by a
registered manufacturer that accepts CEWs from California sources for
the purposes of recycling.
(30) "PBBs" mean Polybrominated Biphenyls
(31) "Processing log" means a record maintained by an approved re-
cycler that records CEW activities associated with CEW cancellation,
such as but not limited to weighing, dismantling, crushing, shredding,
etc., as specified in Section 18660.21(b) of this Chapter.
(32) "Product Category" means the types of covered electronic de-
vices as defined in Secfion 42463(f) of the Public Resources Code. These
categories include, but are not limited to, the following:
(A) Cathode Ray Tubes (CRTs) devices used in televisions,
(B) CRTs devices used in monitors,
(C) Liquid Crystal Display (LCD) monitors,
(D) Laptop computers containing LCD screens,
(E) LCD televisions,
(F) Gas plasma display televisions, and
(G) Other video display devices as specified by the DTSC pursuant to
Secfion 25214.10.1(d) of the Health and Safety Code.
(33) "Proof of approval" means the unique idenfificafion number and
expiration date, issued by the CIWMB that identifies a collector or re-
cycler as being approved pursuant to this Chapter.
(34) "Proof of designation" means a letter or other document that must
be secured by a designated approved collector from a California local
government that, at a minimum, specifies the following information:
(A) The beginning and end dates of the designation.
(B) The geographic area within which the designated approved collec-
tor is providing CEW collection services for the local government and the
locafions(s) at which the collecfion service is provided.
(C) The customer type to be served by the designated approved collec-
tor (i.e. residential, commercial, etc).
(D) The nature of collections acfivifies to be provided by the desig-
nated approved collector (i.e. drop-off receipt, curbside service, illegal
disposal clean-up, etc).
(E) Contact informafion for the designafing authority.
(F) If the proof of designation secured by the designated approved col-
lector is a document other than a letter from the local government, the
proof must also include the designated approved collector's written noti-
ficafion to the local government that such other document has been used.
The written nofification provided to the local government must be ac-
companied by a copy of the document being used to demonstrate desig-
nafion.
(G) If, after January 1 , 2005, and before the effective date of this regu-
lafion, a designated approved collector has secured a document from a
local government that does not meet the definifion of proof of designation
as specified in this Secfion, such document may be used by a designated
approved collector to comply with applicable requirements of this Chap-
ter through March 31, 2006.
Page 806.88(a)
Register 2006, No. 48; 12-1-2006
§ 18660.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(35) "Receiving log" means a record maintained by an approved re-
cycler that documents CEW transfers from approved collectors to the ap-
proved recycler.
(36) "Recovery payment" means the payment made by an approved
recycler to an approved collector in exchange for the transfer of CEWs
pursuant to Section 42477 of the Public Resources Code.
(37) "Recovery payment request" means an approved collector's re-
quest for recovery payment made to an approved recycler accompanying
the transfer of CEWs.
(38) "Recycling payment" means the payment made by the CIWMB
to an approved recycler that includes a recovery component related to re-
cycler payments to collectors pursuant to Section 42477 of the Public Re-
sources Code and a recycling component for CEW cancellation pursuant
to Section 42478 of the Public Resources Code.
(39) "Recycling payment claim" means an approved recycler' s claim
that includes all required documentation submitted to the CIWMB for re-
cycling payments for cancelled CEWs.
(40) "Registered Manufacturer" means a manufacturer as defined in
Section 42463(n) of the Public Resources Code who registers with the
CIWMB pursuant to this Chapter and therefore may be eligible for
manufacturer payments from the CIWMB.
(41) "Source-anonymous CEWs" means CEWs whose originating
California source cannot be identified in collection log information re-
quired pursuant to Section 18660.20(j)(l)(B) of this Chapter.
(42) "Source documentation" means collection logs and other in-
formation developed, maintained and transferred pursuant to Section
18660.20(h) of this Chapter that demonstrates the eligibility, originating
generator and/or intermediate handlers of collected CEWs as applicable.
(43) "Standard Statewide Recovery Payment Rate" means the amount
paid to an approved collector per pound of CEWs transferred to an ap-
proved recycler to cover the cost of collection, consolidation and trans-
portation of CEWs as established pursuant to Section 42477 of the Public
Resources code.
(44) "Standard Statewide Combined Recycling and Recovery Pay-
ment Rate" means the amount paid to an approved recycler per pound of
CEWs cancelled and claimed to cover the cost of receiving, processing
and recycling CEWs as established pursuant to Section 42478 of the Pub-
lic Resources Code, and making recovery payments to approved collec-
tors.
(45) "Transfer" or "Transferred" means physically changing posses-
sion of CEWs, such as a transfer from a California source to a collector
or from a collector to a recycler.
(46) "Transfer documentation" means, for the purposes of this Chap-
ter, records and/or receipts that record the transfer of CEWs from an ap-
proved collector to an approved recycler, which include the weight, num-
ber, and source of the transferred CEWs, and the date(s) of transfer.
(47) "Treatment residuals" means any material resulting from the dis-
mantling or treatment of a CEW. Treatment residuals are not considered
CEWs and are not eligible for payment. In some cases, treatment residu-
als may be used to demonstrate the prior processing of CEWs, and bills
of lading for the material may be required as part of the claim for payment
submitted by an approved recycler.
Note-. Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42463, 46465.2, 42475(a), 42476, 42477, 42478 and
42479, Public Resources Code.
History
1. New Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed
5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20).
Pursuant to Public Resources Code section 42475.2(b) a Certificate of Com-
pliance must be transmitted to OAL by 5-10-2006 or emergency language will
be repealed by operation of law on the following day.
2. Repealer and new Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and sec-
tion filed 12-1 3-2004 as an emergency; operative 12-13-2004 (Register 2004,
No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency lan-
guage will be repealed by operation of law on 12-14-2006. A Certificate of
Compliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (a)(16), (a)(19), (a)(21), (a)(25), (a)(29) and (a)(35) and sub-
section renumbering filed 12-2-2005 as an emergency; operative 12-2-2005
(Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b),
emergency language will be repealed by operation of law on 12-14-2006. A
Certificate of Compliance must be transmitted to and approved by OAL prior
to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
1 1-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
Article 2.0. Electronic Waste Payment
System — Applicability and Limitations,
Document Submittals, Records, Audits and
Net Cost Report
§ 18660.6. Applicability and Limitations.
(a) Limitations on the types of CEWs eligible for payments:
(1 ) An approved collector may request recovery payment only for the
types of CEWs specified by DTSC that are transferred to an approved re-
cycler by the collector.
(2) An approved recycler may claim recycling payment only for the
types of CEWs specified by DTSC that are received from an approved
collector and are cancelled by the recycler.
(3) A registered manufacturer may claim manufacturer payment only
for the types of CEWs specified by DTSC that the manufacturer takes
back for recycling.
(b) Limitations on the timeframes eligible for payments:
(1) An approved collector, an approved recycler, or a registered
manufacturer shall not receive payment for any CEWs transferred from
a California source before January 1, 2005.
(2) An approved collector shall not request recovery payments from
recyclers for transfers that occur prior to the approval of the collector's
application by the CIWMB.
(3) An approved recycler shall not claim recycling payments from the
CIWMB for CEWs cancelled prior to the approval of the recycler' s ap-
plication by the CIWMB.
(4) A registered manufacturer shall not claim manufacturer payments
from the CIWMB for recycling that occurs prior to the manufacturer's
registration with the CIWMB.
(c) Limitations on the Sources of CEWs and CEWs eligible for pay-
ments:
(1) Only CEWs resulting from a California source are eligible for re-
covery, recycling, or manufacturer payments.
(2) CEWs owned by a person in California, but used entirely outside
of California are not eligible for payments.
(3) Source-anonymous CEWs, documented pursuant to Section
18660.20(j)(l)(E) of this Chapter, are eligible for recovery and recycling
payments if:
(A) The source-anonymous CEWs result from load check activities as
defined in Section 18660.5(a)(26) conducted at permitted solid waste fa-
cilities whose operator is an approved collector or, if not an approved col-
lector, the source-anonymous CEWs are directly transferred from the
permitted solid waste facility to an approved collector; or
(B) The source-anonymous CEWs result from illegal disposal clean-
up activities conducted by an approved collector who is a local govern-
ment or its designated approved collector; or
(C) The source-anonymous CEWs result from illegal disposal on
property owned or managed by an approved collector.
(4) CEWs are transferred to a designated approved collector are not el-
igible for payments unless the CEWs are accompanied by applicable
source documentation pursuant to Section 18660.20(h) of this Chapter.
(d) Limitations on the ability of collectors and recyclers to charge a
fee:
( 1 ) If the recovery payment from a recycler does not fully cover the net
cost of CEW recovery, and the collector establishes a cost-free opportu-
nity for a California source to transfer CEWs to the collector, then an ap-
proved collector may charge a fee for CEW recovery.
Page 806.88(b)
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
§ 18660.7
(2) If the recovery payment from a recycler fully covers the net cost
of CEW recovery, an approved collector shall provide CEW recovery at
no charge to California sources or the CIWMB may revoke approval and
direct recyclers to deny recovery payments to the collector.
(3) If the recycling payment from the CIWMB does not fully cover the
net cost of CEW recycling, an approved recycler may charge a fee for
CEW recycling.
(4) If the recycling payment from the CIWMB fully covers the net cost
of CEW recycling, an approved recycler shall provide CEW recycling at
no charge to approved collectors or the CIWMB may revoke approval
and deny recycling payments to the recycler.
(e) Limitations on recovery payments:
(1) An approved recycler shall make recovery payments at the rate
specified in Section 18660.33 of this Chapter to approved collectors for
all CEWs transferred to the recycler and that are accompanied by applica-
ble source documentation pursuant to Section 1 8660.20(h) of this Chap-
ter.
(2) The CIWMB shall revoke a recycler' s approval and deny recycling
payments to a recycler that fails to make recovery payments to approved
collectors as specified in this Chapter.
(3) An approved recycler shall not make the recovery payments as spe-
cified in this Chapter to collectors who are not approved pursuant to this
Chapter.
(4) An approved recycler may make other types of payments, not pro-
vided for under this Chapter, to a collector regardless of the collector's
approval status.
(5) An approved recycler shall not provide recovery payments to a col-
lector other than the approved collector that transfers the CEWs to the re-
cycler, but nothing limits the collectors involved in prior transfers from
negotiating payments among themselves unrelated to the recovery pay-
ment provisions of this Chapter.
(6) An approved collector is eligible for recovery payments only if the
collector establishes a cost-free opportunity for a California source to
transfer CEWs to the collector.
(7) An approved collector is entitled for recovery payments only for
CEWs transferred to the recycler that are accompanied by apphcable
source documentation pursuant to Section 18660.20(h) of this Chapter.
(8) The approved collector shall repay the approved recycler the
amount of recovery payment that was paid if an approved collector has
received recovery payment from an approved recycler for which the ap-
proved collector was not entitled.
(f) Limitations on recycling payments:
(1) The CIWMB shall make recycling payments only to approved re-
cyclers who:
(A) Cancel CEWs using cancellation methods as specified in Section
18660.32 of this Chapter.
(B) Document cancellation and meet the other requirements of this
Chapter.
(2) The CIWMB shall not make recycling payments to a recycler other
than the approved recycler that cancels the CEWs, but nothing limits the
recyclers involved in subsequent transfers from negotiating payments
among themselves unrelated to the recycHng payment provisions of this
Chapter.
(3) The CIWMB shall not make recycling payments for reuse of either
a whole CEW or of a partially disassembled CEW. such as a CRT with
an attached yoke.
(g) Limitations in relation to current business practices:
(1) The CIWMB shall not Hmit the ability of approved collectors and
approved recyclers to transfer or not transfer CEWs to or from any party.
(2) The CIWMB shall not limit the abihty of approved collectors and
approved recyclers from entering into contracts with each other or other
parties.
(3) The CIWMB shall not limit the ability of collectors to recover
CEWs or recyclers to recycle CEWs without participating in the system
described in this Chapter.
(4) If collectors wish to receive recovery payments or recyclers wish
to receive recycling payments, then they must meet the requirements in
this Chapter.
(h) Limitations on recycling payments on exported CEWs and the dis-
position of treatment residuals:
(1 ) The CIWMB shall not approve recyclers located outside the State.
CEWs sent to and cancelled by unapproved recyclers are not eligible for
payments pursuant to this Chapter regardless of the location of the unap-
proved recycler.
(2) If treatment residuals are disposed to land, water or air, then a re-
cycler shall not be ehgible for recycling payments for the original CEWs
unless the treatment residual is not economically feasible to recycle and/
or cannot be recycled because it would pose a hazard to public health,
safety or the environment.
(i) Limitations on the manufacturer payment system:
( 1) The CIWMB shall not register any entity other than a manufacturer
as defined in Section 42463(n) of the Public Resources Code to be a regis-
tered manufacturer.
(2) The CIWMB shall not make manufacturer payments to any entity
other than a registered manufacturer.
(3) A registered manufacturer shall only claim payment for, and the
CIWMB shall only make manufacturer payments for, CEWs received
from California sources that are processed for recycling that in a manner
that results in cancellation as specified in Section 1 8660.32 of this Chap-
ter or an equivalent result.
(4) A registered manufacturer shall not claim payment for, and the
CIWMB shall not make manufacturer payments for, CEWs that are re-
used, repaired, refurbished or otherwise returned to use.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42472(b), 42475(a), 42476, 42477, 42478 and 42479,
Public Resources Code.
History
1. New article 2 (sections 18660.6-18660.10) and section filed 5-10-2004 as an
emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public
Resources Code section 42475.2(b) a Certificate of Compliance must be trans-
mitted to OAL by 5-1 0-2006 or emergency language will be repealed by opera-
tion of law on the following day.
2. Repealer and new article 2.0 (sections 18660.6-18660.10) and section filed
12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
Pursuant to Public Resources Code section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(3)-(4) filed 12-2-2005 as an emergency; operative
12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section
42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
1 1-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
§ 1 8660.7. Document Submittals.
(a) A collector, a recycler, or a manufacturer shall prepare and submit
applications, registrations, claims and/or reports required pursuant to this
Chapter in the manner designated by the CIWMB.
(b) The CIWMB shall only accept collector, recycler or dual entity ap-
plications, claims and reports containing all the required information and
bearing an original signature of the primary applicant, or a person with
signature authority as designated by the primary applicant pursuant to
Section 18660.11 of this Chapter.
(c) The CIWMB shall only accept manufacturer registrations, claims
and reports containing all the required information and bearing an origi-
nal signature of the primary registrant, or a person with signature author-
ity as designated by the primary registrant pursuant to Section 18660.35
of this Chapter.
(d) The CIWMB shall provide forms upon request that may be used
to meet the requirements for the applications, registrations, and payment
claims specified in this Chapter.
Page 806.88(c)
Register 2006, No. 48; 12-1-2006
§ 18660.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(e) A collector, a recycler, or manufacturer shall ensure that applica-
tions, registrations, claims, reports and all applicable supporting docu-
mentation are accurate, complete, and typed or legibly handwritten in
English using permanent ink. A collector or a recycler may void errors
only by using a single line through the error. A col lector or a recycler shall
not use correction fluid, correction tape or erasures for correcting errors
on any document required by or submitted to the CIWMB.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42476, 42477. 42478 and 42479, Public Resources
Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004. No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmiued to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§18660.8. Records.
(a) An approved collector, an approved recycler, or a registered
manufacturer shall send written notice to the CIWMB regarding any
change in location, or intent to establish a new location, of records re-
quired by this Chapter no less than J 0 days prior to the change. In the writ-
ten notice, an approved collector or an approved recycler shall include
its name and identification number from the proof of approval, the com-
plete present and potential future address of the location of the records,
if applicable, and the names and telephone numbers of the individuals re-
sponsible for such records.
(b) All records maintained pursuant to this Chapter must include the
books of account that are ordinarily maintained by a pnident business
person engaged in the same activity, together with all bills, receipts, in-
voices, manifests, cash register tapes, or other documents of original
entry supporting the entries in the books of account.
(c) An electronic data processing system must have built into its pro-
gram a method of producing visible and legible records that will provide
the necessary information to determine compliance with the require-
ments of this Chapter.
(d) An approved collector, an approved recycler, or a registered
manufacturer shall maintain records for at least three years.
(e) An approved collector, an approved recycler, or a registered
manufacturer shall maintain records that are originals, and typed or legi-
bly handwritten in English.
(f) An approved collector, an approved recycler, or a registered
manufacturer shall not store records in an unprotected area, in an outside
location, in a motor vehicle or in a location where the records are likely
to become contaminated, damaged or stolen.
(g) An approved collector, an approved recycler, or a registered
manufacturer shall maintain records suitable for examination prepared
and retained in accordance with generally accepted accounting prin-
ciples and good business practice.
(h) If the CIWMB determines that records do not meet the conditions
in this Section, the CIWMB may revoke approval and/or deny payments.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
1 2-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 18660.9. Audits.
(a) The CIWMB, or persons authorized by the CIWMB, inay conduct
audits of approved collectors, approved recyclers, and registered
manufacturers to determine coinpliance with the requirements of this
Chapter.
(b) As part of an audit, the CIWMB may do any one or all of the follow-
ing in relation to CEW recovery or recycling:
( 1 ) Review, examine or investigate any books, records, accounts, and/
or documentation.
(2) Observe, review, examine or investigate any on-site activities, op-
erations, processes, CEWs, treatment residuals or other materials.
(3) Observe and inspect transactions.
(4) Verify measurements, counts, weights, and calculations.
(5) Examine and verify revenue, cost and net cost information and cal-
culations.
(6) Use other examination procedures to investigate recovery pay-
ments, recycling payments, manufacturer payments, transfers of CEWs
or treatment residuals, costs, revenue, net costs, or other activities related
to determining compliance with this Chapter.
(c) An approved collector, an approved recycler, or a registered
manufacturer shall provide CIWMB staff, or persons authorized by the
CIWMB, access to location(s) and/or records for the purpose of audits
related to the requirements of this Chapter, and for any or all of the fol-
lowing purposes in relation to CEW recovery or recycling:
(1) To determine compliance with the CIWMB' s regulations and with
the provisions of the Act.
(2) To determine the accuracy of the information provided in the ap-
plication for approval or registration.
(3) To determine the accuracy of the information, calculations,
weights, counts, and other data upon which claims for payments or pay-
ments are based.
(4) For the investigation of complaints related to recovery payments
to collectors.
(5) For the investigation of complaints related to the geographic origin
of CEWs.
(6) To obtain cost data, revenue data and net cost calculations required
for the CIWMB to set and adjust the Standard Statewide recovery pay-
ment rate, recycler payment rate and consumer fees.
(7) To obtain sample data to calculate component weight to device
weight conversion factors.
(8) To inspect any records required by this Chapter or the Act.
(d) If an approved collector, an approved recycler, or a registered
manufacturer fails to provide reasonable access for audits pursuant to this
Section, the CIWMB shall do one or more of the following:
(1) Deny approval or registration if a renewal is pending.
(2) Revoke an existing approval or registration.
(3) Recoup monies previously paid by the CIWMB, which were the
subject of the audit, accumulated interest, and any associated penalties.
(4) Deny current and future claims for payments.
(e) An approved collector, an approved recycler or a registered
manufacturer that must repay monies to the CIWMB based on the results
of a CIWMB audit shall pay the entire amount, including the original
amount, accumulated interest, and any associated penalties.
(f) An approved collector, an approved recycler or a registered
manufacturer shall make any payments, repayments or recoupments in
U.S. dollars by check, draft, money order or cashier's check payable to
the State of California, Integrated Waste Management Board, or to a de-
signee selected by the CIWMB.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
Page 806.88(d)
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
§ 18660.11
History
1 . New section filed 5-] 0-2004 as an emergency; operative 5-1 0-2004 (Register
2004. No. 20). Pursuant to Public Resources Code .section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
1 2-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§18660.10. Net Cost Report.
(a) To adjust the statewide recovery and recycling payment rates, es-
tablish future payment schedules and adjust the consumer fees, the
CIWMB shall periodically update information concerning the net costs
of CEW recovery and CEW recycling.
(b) An approved collector or an approved recycler shall maintain re-
cords and provide information for use by the CIWMB in the update on
their actual net costs to operate.
(c) An approved collector or an approved recycler shall use the follow-
ing allowable revenues and costs for use in the calculation of net costs:
(1) Revenues in relation to CEW recovery or recycling, other than the
payments required pursuant to this Chapter, including but not limited to:
(A) Up-front revenues received, such as from fees charged.
(B) End-use revenues, such as from commodity values.
(2) Costs in relation to CEW recovery or recycling including, but not
limited to:
(A) The actual costs of receiving, handling, processing, storing, trans-
ferring and transporting CEWs.
(B) The actual costs of canceling CEWs.
(C) Labor.
(D) Property taxes.
(E) Depreciation.
(F) Utilities.
(G) Supplies.
(H) Fuel.
(I) Insurance.
(J) Interest.
(K) General overhead.
(L) Facilities and equipment rent or lease.
(M) Maintenance.
(N) Transportation.
(0) Handling costs.
(P) Disposition costs.
(Q) A reasonable rate of profit or return on investment.
(R) Marketing, promotion and public education.
(d) An approved collector and approved recycler shall submit to the
CIWMB a report on the net costs of recovery and/or recycling for the
prior calendar year, including:
(1 ) An annualized summary of the revenues, costs, and net cost (costs
minus revenues) of CEW recovery and/or CEW recycling based on the
records maintained pursuant to Sections 18660.20(j)(3) and
18660.21(0(5) of this Chapter.
(2) Name, identification number and mailing address.
(3) The name and phone number of a contact person for purposes of
the report.
(4) The reporting year and date of preparation of the report.
(5) The total annualized revenues excluding recovery and recycling
payments received from the CIWMB, plus a list of the types of revenues
included in the revenue calculation.
(6) The total annualized costs, plus a list of the types of costs included
in the cost calculation.
(7) The total annualized net costs (annualized costs minus annualized
revenues).
(8) The net cost per pound of CEW recovery and the net cost per pound
of CEW recycling.
(9) Provide a description of the types of targeted consumers, and the
methods of collection used to obtain CEWs from the California sources,
including but not limited to:
(A) Drop-off at permanent location,
(B) Temporary event drop off,
(C) Pick up at source,
(D) Pick up at handler location,
(E) Ciirbside collection,
(F) Landfill drop off and or load check.
(10) The signature and title of a person with signature authority for net
cost reports as designated pursuant to Section 18660.1 1 of this Chapter.
(11) The signature block shall state and certify the following state-
ment: "I hereby declare under penalty of perjury that this net cost report,
including any and all figures, calculations and accompanying documents
has been examined by me and is true, correct and complete."
(12) The date and place of the signing of the report.
(e) An approved collector or an approved recycler shall convert any
data captured on a per unit basis to a per pound basis for the purposes of
determining revenues, costs and net costs.
(f) The CIWMB may revoke approval and/or deny recycling payments
for failure to submit a net cost report, or for the submission of a fraudulent
report.
(g) The net cost report shall be submitted to the CIWMB on or before
March 1 , 2006, and each year thereafter.
(1) The requirement to submit a net cost report subsequent to March
1, 2007, shall be determined by the Board at a public hearing.
(2) Notice of the requirement to submit a net cost report subsequent to
March 1, 2007, shall be issued by the CIWMB on or before December
31 of the year proceeding the year in which the report is next due.
(h) In addition to the net cost report described by this Section, an ap-
proved collector or an approved recycler may submit test results, studies
or other information for the CIWMB to consider when the Standard Sta-
tewide Recovery Payment Rate and/or the Standard Statewide Combined
Recovery and Recycling Payment Rate is reviewed and, if necessary, ad-
justed pursuant to Sections 18660.33 and 18660.34 of this Chapter.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42464, 42475(a), 42476, 42477, 42478 and 42479,
Public Resources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Amendment of subsection (g) filed 12-2-2005 as an emergency; operative
12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section
42475.2(b), emergency language will be repealed by operation of law on
12-14—2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of secfion, transmitted to OAL 10-13-2006 and filed
11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
Article 2.1. Electronic Waste Payment
System — Applications for Approval
§ 18660.11. General Application Requirements.
(a) Collectors and recyclers may submit an application to become ap-
proved at any time.
(b) In applications for approval, collectors and recyclers shall provide
the following general information:
(1) Name of organization.
Page 806.88(e)
Register 2006, No. 48; 12-1-2006
§ 18660.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) Type of organization:
(A) If the organization is an individual doing or proposing to do busi-
ness under a different name, the applicant shall provide a copy of any fic-
titious business name statement.
(B) If the organization is a partnership, the applicant shall provide a
copy of the current partnership agreement and any fictitious business
name statement.
(C) If the organization is a corporation, the applicant shall provide the
corporate number and Articles of Incorporation and name and position
of all current corporate officers as filed with the Secretary of State, any
fictitious business name statement, and the agent for service of process.
(D) If the organization is a corporation from a state other than Califor-
nia, the applicant shall provide a copy of the approved certificate from
the California Secretary of State qualifying and authorizing the corpora-
tion to transact business in California.
(E) If the organization is a husband and wife co-ownership, the appli-
cant shall provide both names and any fictitious business name state-
ment.
(F) If the organization is a local government agency, and is applying
as a recycler or dual entity, the applicant shall provide a copy of the au-
thorizing resolution from the governing board.
(G) If the organization is a limited liability company (LLC), the appli-
cant shall provide a copy of the Articles of Organization and Statement
of Information as filed with the Secretary of State, any operating agree-
ment, any fictitious business name statement, and the agent for service
of process.
(H) If the organization is a limited liability company from a state other
than California, the applicant shall provide a copy of their certificate
from the California Secretary of State authorizing the LLC to transact
business in California.
(I) If the organization is a non-profit or charity, the applicant shall pro-
vide a description and a copy of the appropriate designation documenta-
tion.
(3) Mailing address and physical address.
(4) Name of the contact person.
(5) Telephone number(s) of the contact person.
(6) An e-mail address of the contact person or organization, if avail-
able.
(7) List(s) of the persons (if any), in addition to the primary applicant,
who are authorized to sign:
(A) Payment claims.
(B) Net cost reports.
(C) Other payment related correspondence with the CIWMB.
(8) An indication of whether the collector or recycler wishes to be in-
cluded in an on-line registry.
(9) The location in which the records required by this Chapter will be
maintained.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New article 2.1 (sections 18660.11-18660.19) and section filed 5-10-2004 as
an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Pub-
lic Resources Code section 42475.2(b) a Certificate of Compliance must be
transmitted to OAL by 5-10-2006 or emergency language will be repealed by
operation of law on the following day.
2. Repealer and new article 2.1 (sections 18660.11-18660.19) and section filed
12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
Pursuant to Public Resources Code section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-] 3-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 18660.12. Additional Application Requirements for
Collectors.
(a) In addition to the general application infonnation required in Sec-
tion 1 8660.1 1 of this Chapter, a collector shall also include the following
information:
(1 ) The date and the name under which the collector notified DTSC as
a CRT and/or universal waste handler.
(2) A description of the existing or proposed collection operation, in-
cluding but not limited to:
(A) The types of California sources from which the collector may re-
cover CEWs, including but not hmited to households, businesses, and/or
other collectors.
(B) The type(s) of CEWs that may be recovered by the collector.
(C) Whether the collector may recover CEWs from outside of the State
of California.
(D) The cost-free opportunity(ies) established by the collector for a
Cahfomia source to transfer CEWs to the collector as required by Section
42476(f)(2) of the Pubhc Resources Code.
(3) Certification statements by the collector as follows:
(A) "The undersigned collector agrees under penalty of immediate re-
vocation of approval and denial of recovery payments that as an ap-
proved collector:"
1. "I shall make reasonable efforts to ensure that any CEWs for which
payment is claimed originate from a California source."
2. "I shall provide free CEW collection to California sources if the pay-
ments I receive from recyclers fully covers the net cost of collection,
transportation and charges paid to the recycler."
3. "I shall operate in compliance with the requirements of this Chapter,
the Act and with all applicable local, state and federal regulatory provi-
sions."
4. "I shall establish a cost-free CEW collection opportunity for
Cahfomia sources."
5. "I have read and understand the requirements set forth in the statutes
and regulations governing this program."
(B) "The undersigned collector certifies under penalty of perjury un-
der the laws of the State of California that the information provided here-
in is true and correct."
(4) The name and signature of the primary applicant who has the au-
thority to sign and bind the collector to this application.
(5) The date and location of application.
(b) A collector shall maintain a physical location within the state of
California at which:
(1) CEWs can be handled.
(2) All records required by this Chapter shall be maintained.
(c) The CIWMB shall not approve a collector located outside the
United States, unless required to by treaty. If the CIWMB must approve
a collector outside the United States, the collector must comply with the
requirements of Section 42476.5 of the Public Resources Code.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42476.5, 42477, 42478 and 42479,
Public Resources Code.
HtSTORY
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new secfion filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Page 806.88(f)
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
§ 18660.15
§ 18660.13. Additional Application Requirements for
Recyclers.
(a) In addition to the general information required in Section 18660.1 1
of this Chapter, a recycler shall also include the following information:
(1) Documentation that the recycler has fulfilled DTSC notification
and authorization requirements regarding the handling and processing of
CEWs.
(2) A description of the recycling operation, including:
(A) The method(s) of cancellation used by the recycler.
(B) The types of CEWs cancelled by the recycler, pursuant to Section
18660.32 of this Chapter.
(C) Estimated percentages of cancelled CEWs expected to originate
from inside of and from outside of the State of California annually.
(3) An explanation and documentation showing how the demonstra-
tions in Public Resources Code Section 42479(b) have been satisfied, in-
cluding but not limited to the following:
(A) The recycler is in compliance with applicable requirements of
Chapter 23 of Division 4.5 of Title 22 of the California Code of Regula-
tions.
(B) The recycler demonstrates to the CIWMB that the recycler' s facil-
ity meets all of the following standards:
1 . The facility has been inspected by DTSC within the past 1 2 months,
as specified in Section 42479(b)(2)(A). If a DTSC inspection has been
requested but not yet completed, then the CIWMB will review the re-
mainder of the application but withhold approval until the DTSC inspec-
tion is completed and the facility found to be in conformance.
2. The facility is accessible during normal business hours for unan-
nounced inspections by state or local agencies.
3. The facility has health and safety, employee training, and environ-
mental compliance plans and certifies compliance with the plans.
4. The facility meets or exceeds the standards specified in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 Division 4 (com-
mencing with Section 3200), and Division 5 (commencing with Section
6300), of the Labor Code or, if all or part of the work is to be performed
in another state, the equivalent requirements of that state.
(4) Unless the recycler is applying as a dual entity, the name, address,
contact person's name and telephone number of at least one (1) collector
from which the recycler has accepted, has contracted to accept or intends
to contract to accept CEWs for cancellation with a letter from the collec-
tor certifying under penalty of perjury that California CEWs from that
collector will be transferred to the recycler for recycling.
(5) A completed "Payee Data Record" STD. 204 form (Rev. 6-2003
or as revised) — Department of Finance, State of California with an origi-
nal signature of the primary applicant. The form will be provided by the
CIWMB and is hereby incorporated by reference.
(6) Certification statements by the recycler as follows:
(A) "The undersigned recycler agrees under penalty of perjury and of
immediate revocation of approval and denial of recycling payments that
as an approved recycler:"
1. "I shall fully reimburse an approved collector for all CEWs and/or
CEWs transferred at the rate specified in this Chapter within 90 days"
2. "I shall not adjust fees, charges or other contract provisions upward
for the purpose of negating the recovery payment to approved collec-
tors."
3. "I shall provide free CEW recycling by accepting without charge
CEWs from approved collectors if the payment from the CIWMB fully
covers the net cost of CEW recycling."
4. "I shall operate in compliance with the requirements of this Chapter,
the Act and with all applicable local, state and federal regulatory provi-
sions."
5. "I have read and understand the requirements set forth in the statutes
and regulations governing this program."
(B) "The undersigned certifies under penalty of perjury under the laws
of the State of California that the information provided herein is true and
correct."
(7) The name and signature of the primary applicant who has the au-
thority to sign and bind the recycler to this application.
(8) The date and location of application.
(b) The CIWMB shall not approve a recycler located outside Califor-
nia.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference; Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 18660.14. Additional Application Requirements for Dual
Entities.
(a) An entity that is both a collector and a recycler at the same location
may apply for both approvals, and if approved will be an approved dual
entity.
(b) In addition to completing and submitting one copy of the General
information required in Section 18660.11 of this Chapter, all dual entity
approval applications shall contain the information required in Sections
18660.12 and 18660.13 for collector applications and recycler applica-
tions, respectively.
(c) Unless there are specific "dual entity" provisions, an approved dual
entity, when acting as a collector, shall meet all the requirements in this
Chapter for approved collectors.
(d) Unless there are specific "dual entity" provisions, an approved dual
entity, when acting as a recycler, shall meet all the requirements in this
Chapter for approved recyclers.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 5 1 ). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-1 3-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 1 8660.15. CIWMB Review of Applications.
(a) Upon receipt of the application, the CIWMB will notify the appli-
cant within 30 calendar days if the application is complete or incomplete.
(b) If the CIWMB determines the application is incomplete, with ex-
ception of a pending inspection by DTSC, the CIWMB notification will
list the missing information, and the applicant will have 30 calendar days
from the notification to provide the missing information or the CIWMB
will deny the application.
(c) After the CIWMB determines that an application is complete, the
CIWMB will notify the applicant within 30 calendar days whether the ap-
plication has been:
(1) Approved, and if so, proof of approval bearing a unique approval
identification number will be provided stating the type of approval
granted:
(A) Approved collector, and/or
(B) Approved recycler.
Page 806.88(g)
Register 2006, No. 48; 12- 1 -2006
§ 18660.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) Denied, and if so, the cause(s) for denial will be listed. After denial,
an application to become approved may be resubmitted at any time after
the causes for denial have been corrected.
(d) The CIWMB shall not charge collector or recyclers to process an
application.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 18660.16. Approval Term and Applications for Renewal.
(a) An approved collector's approval remains vaHd for 2 years follow-
ing the date of approval provided that the information in the original ap-
plication remains unchanged, the collector continues to meet and fulfill
the requirements of this Chapter, and the collector continues to operate
in conformance with DTSC requirements.
(b) An approved recycler's approval remains valid for 2 years follow-
ing the date of approval provided that the information in the original ap-
plication remains unchanged, the recycler continues to meet and fulfill
the requirements of this Chapter, and the recycler continues to operate in
conformance with DTSC requireinents and submit to inspections by
DTSC.
(c) To renew approval, a collector or recycler shall re-apply to the
CIWMB on a biennial basis at least 90 calendar days prior to the expira-
tion date of approval.
(d) If a collector or recycler fails to renew approval, after the expiration
date all of the following conditions apply:
(1) The approval is expired and invalid.
(2) The collector or recycler shall be ineligible for all payments set
forth in this Chapter.
(3) The collector or recycler shall immediately return any issued proof
of approval to the CIWMB.
NOTE; Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b). emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 1 8660.1 7. Prohibited Activities.
(a) The CIWMB may deny a renewal or revoke or suspend the approv-
al of a collector or recycler for any of the following prohibited activities:
(1) Failure by a collector or recycler to operate in conformance with
DTSC requirements.
(2) Failure by a recycler to submit to a DTSC inspection within any
12-month period.
(3) Failure by a recycler to provide recovery payments to approved
collectors as specified in this Chapter.
(4) Failure to submit to CIWMB audits as specified by this Chapter.
(5) Failure to submit a net cost report as specified in Section 1 8660. 10.
(6) Transferring an approval or proof of approval to any other person.
(7) Altering the proof of approval.
(8) A material breach of any of the certification statements contained
in the application.
(9) Fraudulently requesting a recovery payment.
(10) Fraudulently claiming a recycling payment.
(1 1) Submitting a fraudulent net cost report.
(12) Failure to secure, maintain and/or transfer documentation as spe-
cified by this Chapter.
( 1 3) Failure to notify the CIWMB of changes to information contained
in the application.
(b) If the CIWMB denies a renewal or revokes an approval for prohib-
ited activities, all of the following conditions apply:
(1) The approval is immediately invalid.
(2) The collector or recycler shall be ineligible for all payments set
forth in this Chapter.
(3) The collector or recycler shall immediately return any issued proof
of approval to the CIWMB.
(c) A collector or recycler may not reapply for approval until 180 cal-
endar days after denial or revocation for prohibited activities.
(d) If the CIWMB suspends an approval for prohibited activities, all
the following conditions apply until the CIWMB determines that the
cause for suspension has been remedied:
(1) The approval is temporarily invalid.
(2) The collector or recycler shall be ineligible for all payments set
forth in this Chapter for recovery and/or recycling activities conducted
during the suspension of approval.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 18660.18. Changes to an Approved Application.
(a) An approved collector or an approved recycler shall reapply to the
CIWMB for approval at least 90 calendar days prior to the change taking
effect, if one of the following changes may occur:
( 1 ) A change in recovery, recycling or business practices that will pre-
vent the approved collector or approved recycler from meeting the re-
quirements of this Chapter.
(2) A change in recovery, recycling or business practices that will re-
sult in the breach of a certified statement on the application or in a prohib-
ited activity as specified in Section 18660.17 of this Chapter.
(b) If an unforeseen change occurs an approved collector or an ap-
proved recycler shall notify the CIWMB of the change within ten calen-
dar days after the unforeseen change. In cases of notification after a
change specified in subsections (1) or (2) in part (a) of this Section, the
CIWMB may revoke the approval immediately or may require the col-
lector or recycler to reapply for approval.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operafion of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
•
Page 806.88(h)
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
§ 18660.20
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 18660.19. Appeal of Denial, Suspension or Revocation of
Approval.
(a) If the CIWMB denies an application for approval or suspends or
revokes an approval, the collector or recycler may appeal that decision
and request a heating within 30 calendar days after the date of the denial,
suspension or revocation. Any appeal received by the CIWMB after 30
calendar days from the date of the denial, suspension or revocation shall
be denied without a hearing or consideration of the appeal.
(b) This appeal provided for in this Section is also governed by the gen-
eral administrative adjtidication provisions of the California Administra-
tive Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title
2 of the Government Code, commencing with Section 11400. This ap-
peal is not subject to the provisions of Chapter 5 of Part 1 of Division 3
of Title 2 of the Government Code, commencing with Section 1 1500.
(c) The collector or recycler requesting a hearing must submit the ap-
peal in writing and ensure that it is received by the CIWMB' s main busi-
ness office, to the attention of the Legal Office. The collector or recycler
shall clearly mark the outside of the package containing the appeal with:
"e-Waste Appeal Enclosed".
(d) In an appeal, a collector or recycler shall include, at a minimum,
all of the following:
(1) The collector's or recycler' s name, mailing address, contact name
and daytime telephone number.
(2) The type of approval: collector, recycler or both.
(3) The location and street address.
(4) The date on the notification from the CIWMB and the stated rea-
sons for denial, suspension or revocation.
(5) A statement of the basis for objecting to the denial, suspension or
revocation.
(e) At any time during the proceeding, before a final decision is issued,
the CIWMB, with the consent of the petitioner, may refer the matter to
mediation, or binding or non-binding arbitration, consistent with the pro-
visions of Government Code Section 11420.10.
(f) The CIWMB shall provide a hearing before the executive director,
or his or her designee, who shall act as a hearing officer. The hearing offi-
cer shall consider the appHcation, the reasons for denial, suspension or
revocation, and any additional relevant information presented by the ap-
plicant or CIWMB staff The hearing officer shall issue a written decision
stating the factual and legal basis for the decision.
(g) The Board may adopt the decision as the final decision, or review
all or a part of the decision at a hearing before the Board.
(h) The CIWMB will notify the collector or recycler of the final deter-
mination in writing within 20 calendar days from the date on which the
Board adopts a final decision.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42463(b) and 42479, Public Resources Code; and Sec-
tions 11400.20 and 11415.10, Government Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
1 2-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section heading and secfion, transmitted to OAL 10-13-2006 and filed
1 1-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
Article 2.2. Electronic Waste Payment
System — Business Requirements
§ 1 8660.20. Requirements for an Approved Collector.
(a) Upon CIWMB approval of its application, an approved collector
may begin requesting recovery payments for CEWs documented and
transferred to approved recyclers pursuant to the requirements of this
Chapter after the approval.
(b) An approved collector shall comply with the requirements of this
Chapter, including:
(1) Begin collection activities from California sources within 1 80 cal-
endar days of approval. The CIWMB may revoke approval if a collector
fails to begin collection activities within 180 days.
(2) Transfer at least one (1) load of CEWs to an approved recycler
within 180 calendar days of approval. Approved dual entities may also
meet this requirement by both collecting and canceling at least one load
of CEWs within 1 80 calendar days of approval. The CIWMB may revoke
approval if a collector fails to transfer at least one load of CEWs within
1 80 calendar days of approval.
(c) An approved collector shall make reasonable efforts to determine
if CEWs it collects are from California sources or from non-California
sources and shall keep track of those materials separately. Reasonable ef-
forts may include any of the following, but are not limited to:
(1) Posting signs and asking California sources.
(2) Conducting spot checks and/or surveys.
(3) Checking for a valid California identification of a person, a Califor-
nia license plate on a vehicle, and/or a bill of lading showing a California
origin.
(4) Requiring additional documentation from California sources or
collectors delivering large numbers of CEWs.
(5) Instituting measures to prevent CEWs from being dropped-off
anonymously or illegally disposed at the approved collector's facilities
or operations.
(d) An approved collector shall not request recovery payment for non-
California CEWs.
(e) An approved collector shall determine if CEWs they transfer to re-
cyclers have already been cancelled, and shall keep track of those materi-
als separately.
(f) An approved collector shall not request recovery payment for pre-
viously cancelled CEWs.
(g) An approved collector shall provide the CIWMB-issued proof of
approval identification number when transferring CEWs to or requesting
recovery payments from an approved recycler. If an approved collector,
or its agent, fails to provide the proof of approval, the approved recycler
may deny recovery payment.
(h) An approved collector shall provide to any approved collector or
approved recycler to whom it transfers CEWs information on the origin
(California or non-California) and cancellation status of CEWs trans-
ferred, including but not limited to the following:
(1 ) Signed statement listing the sources(s) of the transferred CEWs as
recorded pursuant to subsection (j) of this section.
(2) A copy(ies) of the applicable portions of the collection log speci-
fied in subsection (j) of this section that describe the collection activities
that resulted in the transferred CEWs.
(3) Written description of any activity, such as storage, repair, refur-
bishment, resale, reuse, transfer, packaging and/or consolidation, that ex-
plains any discrepancy between the CEWs transferred and the CEWs col-
lected as recorded in a log specified in subsection (j) of this secfion.
(4) A copy of any applicable proof of designafion specified in subsec-
tion (k) of this secfion associated with CEWs collected while acting as
a designated approved collector for a local government.
(i) An approved collector shall operate in accordance with all Federal,
State and local laws and regulations.
Page 806.88(i)
Register 2006, No. 48; 12-1-2006
§ 18660.21
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(j) In addition to the general record keeping requirements in Section
18660.8 of this Chapter, an approved collector shall maintain the follow-
ing records:
(1) A collection log containing:
(A) For each collection activity or event that results in CEWs trans-
ferred to the approved collector, a brief written description of the collec-
tion activity or event, including the type of California sources targeted for
collection, the date and location the activity or event occurred, the num-
ber of CEWs collected, and a estimate of the weight of CEWs collected.
(B) Approved collectors that are not California local governments, nor
entities acting as the designated approved collector for a California local
government, shall maintain a list of all California sources who discarded
the CEWs transferred to the approved collector, including the name and
address of the California source and the number of CEWs discarded by
the California source.
(C) When receiving five (5) or more CEWs units discarded from a
non-residential California source, an approved collector shall record the
name of the non-residential organization, an address, a contact person
and a telephone number.
(D) A list of other handlers and approved collectors who transferred
CEWs to the approved collector in any month, including the name and
address of the other handler and approved collector and the number of
CEWs transferred and the sources of those CEWs as recorded pursuant
to parts (A) and (B) of this Section.
(E) When collecting source-anonymous CEWs, all approved collec-
tors shall:
1. Log the source-anonymous CEW collection activity separately.
2. Provide a brief written description of the activity or incident that re-
sulted in the source-anonymous CEWs.
3. Record the date and location of the activity or incident, the number
and an estimate of the weight of source-anonymous CEWs collected
from the location of the activity or incident.
4. Record the name, organizational affiliation, address and phone
number of a person responsible for the site of the activity or incident.
(2) Records of transfers by load to, and recovery payments from, ap-
proved recyclers, including:
(A) Inventory records that document the relationship between the
CEWs received from all sources and the CEWs transferred to the ap-
proved recycler or to other handlers.
(B) Signed and dated receipts showing the number and weight of
CEWs transferred. The approved collector shall identify and record each
approved recycler using the name and identification number from the re-
cycler's "proof of approval."
(3) Records on the costs, revenues and net costs associated with the
collection, transportation and disposition of all CEWs handled as speci-
fied in Section 18660.10 of this Chapter.
(k) An approved collector that is acting as a designated approved col-
lector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29)
of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another ap-
proved collector or approved recycler at the time CEWs are transferred
from the designated approved collector to another approved collector or
approved recycler.
(3) A designated approved collector shall be relieved only of the
source documentation requirement specified by Section
18660.20(j)(l)(B) of this Chapter only for those collection activities that
occur within the designation as specified in subsection k(l) of this sec-
tion.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New article 2.2 (sections 18660.20-1 8660.21) and section filed 5-10-2004 as
an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Pub-
lic Resources Code section 42475.2(b) a Certificate of Compliance must be
transmitted to OAL by 5-10-2006 or emergency language will be repealed by
operation of law on the following day.
2. Repealer and new article 2.2 (sections 18660.20-18660.21) and section filed
12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
Pursuant to Public Resources Code section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to that day.
3. New subsections (c)(5) and (h)(4), amendment of subsections ())(1)(B)-(C) and
new subsections (j)(l )(D) and (k)-(k)(3) filed 12-2-2005 as an emergency; op-
erative 1 2-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code
section 42475.2(b), emergency language will be repealed by operation of law
on 12-14-2006. A Certificate of Compliance must be transmitted to and ap-
proved by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
1 1-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006. No. 48).
§ 1 8660.21 . Requirements for an Approved Recycler.
(a) Upon CIWMB approval of its application, an approved recycler
may begin claiming recycling payments for CEWs received from an ap-
proved collector and cancelled after the approval.
(b) An approved recycler shall comply with the requirements of this
Chapter, including:
(1) Begin CEW cancellation activities within 180 calendar days of ap-
proval. Tlie CIWMB may revoke approval if a recycler fails to begin
CEW cancellation within 180 days.
(2) Accept transfer of and cancel at least one (1) load of CEWs from
an approved collector within 180 days of approval. Approved dual enti-
ties may also meet this requirement by both collecting and canceling at
least one load of CEWs within 1 80 days of approval. The CIWMB may
revoke approval if a recycler fails to cancel at least one load within 1 80
days of approval.
(3) Record each approved collector's proof of approval identification
number and provide a receipt showing the weight and number of CEWs
transferred and the amount of the corresponding recovery payment due
to the collector.
(4) Make recovery payments to approved collectors, or their agents,
for all CEWs transferred, in accordance with this Chapter, at the time of
transfer of CEWs, or at a later time specified in a written contract between
the approved collector and approved recycler, but not more than 90 days
from the date of transfer.
(5) Cancel CEWs by one or more of the manners prescribed in Section
18660.32 of this Chapter.
(A) An approved recycler shall maintain a processing log that records
the date, method of cancellation, and quantity in pounds of CEWs can-
celled.
(B) An approved recycler shall maintain inventory records that docu-
ment the relationship between CEWs received from approved collectors,
CEWs processed and cancelled by the approved recycler, and treatment
residuals shipped to end-use destinations.
(6) Submit recycling payment claims to the CIWTVIB as specified in
Sections 18660.22 through 18660.31 of this Chapter.
(7) Submit to and obtain a DTSC inspection, within any 12-month pe-
riod.
(c) Based on information supplied by approved collectors, an ap-
proved recycler shall, at a minimum, keep track of the weight of CEWs
from both California and non-California sources transferred from ap-
proved collectors and ensure that recycling payments are not claimed for
non-California source materials.
(d) An approved recycler shall not provide recovery payment to ap-
proved collectors for CEWs from non-California sources, or to approved
collectors that fail to provide complete and applicable source documenta-
tion on CEW origin pursuant to Section 18660.20(h) of this Chapter.
(e) An approved recycler shall not claim recycling payments for non-
California CEWs.
(f) Approved recyclers shall determine if CEWs they accept from col-
lectors have already been cancelled and shall keep track of the weight of
Page 806.88a)
Register 2006, No. 48; 12-1-2006
Title 14
California Integrated Waste Management Board
$ 18660.22
those materials and ensure that recycling payments are not claimed for
these materials.
(g) An approved recycler shall not provide recovery payment to ap-
proved collectors for previously cancelled material.
(h) An approved recycler shall not claim recycling payments for pre-
viously cancelled material.
(i) An approved recycler may deny recovery payments for com-
mingled loads in which CEWs cannot be distinguished from other mate-
rials.
(j) An approved recycler shall operate in accordance with all Federal,
State and local laws and regulations.
(k) An approved recycler shall:
(1) Be equipped with scales and be a weighmasterin accordance with
Chapter 7 (commencing with Section 12700) of Division 5 of the Busi-
ness and Professions Code.
(2) Measure, record and report weights in pounds and issue certified
weights.
(3) Weigh CEWs and/or treatment residuals on a scale or other device
approved, tested and sealed in accordance with Division 5 (commencing
with Section 12500) of the Business and Professions Code.
(/) In addition to the general record keeping requirements in Section
18660.8 of this Chapter, an approved recycler shall maintain the follow-
ing records:
(1) A receiving log containing a brief written description of CEW
transfers by load from approved collectors, the number and weight of
CEWs transferred, and the dates the transfers from collectors occurred.
(2) Records of CEW transfers, including all documentation received
from an approved collector as specified in Section 1 8660.20(h), and re-
covery payments made and/or owed to approved collectors, including
signed and dated receipts showing the number and weight of CEWs
transferred.
(A) The approved recycler shall identify and record each approved
collector using the name and identification number from the collector's
"proof of approval."
(B) The approved recycler shall record separately the sum of estimated
weights of source-anonymous CEWs reported by and transferred from
an approved collector.
(3) A processing log showing the definitive cancellation of CEWs by
weight, date and cancellation method, as specified in Section 18660.32
of this Chapter, upon which a payment claim is based.
(4) Records for all bills of lading for treatment residuals including the
following information:
(A) Date of shipment.
(B) Quantity and material type in shipment.
(C) The full name and address of shipping service.
(D) The full name and address of the buyer or other transferee, and des-
tination name and address if different.
(5) Records on the net costs associated with the disposition of all
CEWs handled, the net costs of accepting the transfer of CEWs, the net
costs of each cancellation method used, and any additional administra-
tive costs of providing recovery payments to approved collectors.
(6) Complete records of all claims, attachments and supporting docu-
mentation for all recycling payment claims made to the CIWMB.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Amendment of subsection (0(2) and new subsections (/)(2)(A)-(B) filed
12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48).
Pursuant to Public Resources Code section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to ihat day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
Article 2.3. Electronic Waste Payment
System — Recycling Payment Claims
§ 18660.22. General Requirements for Recycling Payment
Claims.
(a) An approved recycler shall submit all of the following general in-
formation in a claim for recycling payments from the CIWMB:
(1) The full name, maihng address, and federal tax identification num-
ber of the recycler preparing the report.
(2) The name and phone number of a contact person for purposes of
the report.
(3) The reporting month (calendar month and year) and date of prepa-
ration of the report.
(4) The claim activity period, listing the start and end dates.
(5) The total weight of CEW claimed, as calculated in Sections
18660.23, 18660.24, and 18660.25 of this Chapter.
(6) The total monetary amount being claimed.
(7) The signature and title of a person with signature authority for pay-
ment claims as designated pursuant to Section 18660.1 1 of this Chapter.
The signature block shall include the following certification statements:
(A) "I hereby declare under penalty of perjury that:"
1 . "The approved recycler whom I represent is currently in compliance
with all Federal, State and local requirements, including compliance with
the requirements of the Act and this Chapter."
2. "All claimed CEWs have been cancelled as specified in Section
18660.32 and are unable to re-enter the payment system, and all treat-
ment residuals specified in Section 18660.22(c) derived from the
claimed CEWs have been shipped to an end-use destination authorized
to receive and further treat those treatment residuals."
3. "I have certified the weights and verified the calculations, including
the adjustments for CEWs from non-California sources and for prior
cancellation."
4. "This payment claim, including any and all accompanying docu-
ments has been examined by me and is true, correct and complete."
5. "I understand that errors or omissions on my part may result in the
CIWMB delaying or denying payment"
6. "I further understand that fraud could result in revocation of the re-
cycler's approval."
(8) The date and place of the signing of the claim.
(b) For each cancellation method used, an approved recycler shall sub-
mit no more than one recycling payment claim per calendar month and
may only include one reporting month, as specified by Sections
18660.23, 18660.24 and 18660.25 of this Chapter, in a single recycling
payment claim. An approved recycler shall prepare payment claims for
different cancellation methods separately, but may submit a package
containing all the claims for a reporting month.
(c) Prior to submitting a payment claim for cancelled CEWs, an ap-
proved recycler shall:
(1) Ship all the following treatment residuals derived from the can-
celled CEWs to an end-use destination authorized to receive and further
treat the treatment residual:
(A) CRT glass cullet if conducting CRT or CRT-containing CEW
cancellation through crushing or shredding.
(B) Bare CRTs if conducting CRT or CRT-containing CEW cancella-
tion through dismantling to a bare CRT after relieving the vacuum.
(C) Gas plasma display glass cullet if conducting non-CRT-contain-
ing CEW cancellation through crushing or shredding.
(D) Bare gas plasma display panels if conducting non-CRT-contain-
ing CEW cancellation through dismantling to a bare panel.
Page 806.88(k)
Register 2008, No. 26; 6-27-2008
§ 18660.23
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) For each cancelled non-CRT-containing CEWs, the recycler shall
record and report the manufacturer name, model number, serial number
and weight prior to cancellation.
(3) Only those CEWs that have been processed and documented pur-
suant to the applicable requirements of subsections (c)(1) and (c)(2) of
this section shall be claimed for payment.
(d) An approved recycler shall attach all of the following to the pay-
ment claim:
(1) For all CEWs received from collectors during the claim activity pe-
riod that are cancelled and included in the current claim, a report that in-
cludes:
(A) A list of approved collectors from which the transfers of CEWs
were accepted with the name and proof of approval identification number
of each.
(B) The total weight of CEWs in all loads transferred from each ap-
proved collector. Note that this weight may not equal the weight claimed
for recycling payment because recovery payments are made on the
weight of all CEWs transferred while recycling payments are made on
the weight of only those CEWs cancelled.
(C) Signed and dated receipts documenting all CEW transfers from ap-
proved collectors.
(D) A copy(ies) of the applicable records specified in Section
18660.21 (/)(l)-(4) pertaining to the collection and processing activities
involving the CEWs cancelled and being claimed for payment.
1. Source documentation not associated with the claimed CEWs shall
not be included in the report.
2. Transfer documentation not associated with the claimed CEWs
shall not be included in the report.
(E) A sum of the estimated weight of source-anonymous CEWs as re-
ported by and transferred from approved collectors.
(2) For all CEWs cancelled during the claim activity period and that
are included in the current claim, a description of cancellation activities
that includes:
(A) The type(s) of cancellation method used.
(B) The date(s) when cancellation occurred.
(C) The amount of CEWs processed by dismantling, crushing or
shredding by date in pounds.
(D) The dates and destinations of all treatment residual shipments re-
quired prior to submitting a claim as specified in subsection (c) of this
section.
(3) For all CEWs received from collectors during die claim activity pe-
riod that are not included in a prior claim and that are not cancelled, a de-
scription and quantification of those activities including but not limited
to storage, repair, refurbishment, resale, reuse, transfer and/or export.
(e) An approved recycler shall deliver recycling payment claims to the
CIWMB's main business office, to the attention of the Accounting Sec-
tion. An approved recycler shall mark the outside of the package contain-
ing the claims clearly with "e-Waste Claim Enclosed."
(f) An approved recycler shall submit timely recycling payment
claims so that the CIWMB receives each claim within 45 days of the end
of the reporting month, as specified by Sections 18660.23, 18660.24 and
18660.25 of this Chapter. The CIWMB may return without payment any
claim received more than 45 days after the end of the reporting month,
as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chap-
ter. The CIWMB shall determine a claim's receipt as either the date of
the postmark on the claim package, or the date the claim package was
physically received by the CIWMB, whichever is earlier.
(g) The CIWMB may reject a claim if it fails to comply with the gener-
al requirements of this Section, or the additional requirements in the ap-
plicable provisions regarding cancellation methods in Sections
18660.23, 18660.24 and/or 18660.25 of this Chapter.
(h) The CIWMB's rejection of a recycling payment claim shall not ex-
tend any applicable due date or time period.
NOTE; Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New article 2.3 (sections 18660.22-18660.31) and section filed 3-10-2004 as
an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Pub-
lic Resources Code section 42475.2(b) a Certificate of Compliance must be
transmitted to OAL by 5-10-2006 or emergency language will be repealed by
operation of law on the following day.
2. Repealer and new article 2.3 (sections 18660.22-18660.31) and section filed
12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
Pursuant to Public Resources Code .section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to that day.
3. New subsection (c)(1)(E) filed 12-2-2005 as an emergency; operative
1 2-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section
42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
§ 18660.23. Additional Requirements for Recycling
Payment Claims to Demonstrate Cancellation
of CRTs or CRT-Containing CEWs Through
Crushing or Shredding.
(a) In addition to the general information required in Section 18660.22
of this Chapter, an approved recycler shall include the information in this
Section to claim recycling payments for canceling CRT-containing
CEWs through crushing or shredding as specified in Section 18660.32
of this Chapter.
(b) An approved recycler shall base recycling payment claims on the
weight of CRT-containing CEWs cancelled.
(c) An approved recycler shall submit a recycling payment claim with-
in 45 calendar days of the end of a calendar month in which one or more
shipments of CRT glass cullet were sent to an end use destination.
(d) Tlie reporting month for a recycling payment claim pursuant to this
Section is the month in which shipment(s) of CRT glass cullet were
made.
(e) An approved recycler shall calculate the payment and include the
calculation in a recycling payment claim specific to canceling CRT-con-
taining CEWs through crushing or shredding as follows:
(1) The total weight of CRT-containing CEWs cancelled for the re-
porting month from which all treatment residuals specified in Section
18660.22(c)(1) of this Chapter have been shipped to an end-use destina-
tion authorized to receive and further treat those treatment residuals.
(2) The total payment claimed, calculated by multiplying the weight
of CRT-containing CEWs specified in subsection (e)(1) of this Section
by the Standard Statewide Combined Recovery and Recycling Payment
Rate.
(3) If the amount in subsection (e)(1) of this Section includes CEWs
from outside California, CEWs without source documentation, or pre-
viously cancelled materials, then the recycler shall reduce the payment
claim to reflect these corrections by adjusting the weights.
(f) An example calculation for canceling CRT-containing CEWs
through crushing or shredding is included for illustration purposes as fol-
lows:
The weight of CRT-containing CEWs
cancelled: 1000 pounds
Times the per pound Standard Statewide combined
recovery and recycling payment rate: X $0.39
Equals the payment claim for the reporting
period: = $390.00 Total Claim
(g) An approved recycler shall attach to the payment claim the follow-
ing documentation from all shipments of CRT glass cullet made during
the reporting period of a calendar month:
(1 ) Shipping reports to end use destinations, including the names of the
shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the CRT glass cullet.
(3) Weight tickets of individual shipments of CRT glass cullet.
Page 806.88(1)
Register 2008, No. 26; 6-27-2008
Title 14
California Integrated Waste Management Board
$ 18660.25
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use des-
tination shall be the on-board bill of lading and an executed contract or
other documentation from the intended recipient of the shipment.
(B) For other shipments, the proof of disposition to an end-use des-
tination shall include a receipt issued by the person receiving the ship-
ment and any applicable bill of lading.
(C) For all shipments of CRT glass cullet, a discussion of the ultimate
disposition of the material shipped demonstrating that the disposition is
not disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an ap-
proved recycler shall attach to the payment claim a description and quali-
fication of the disposition of other treatment residuals derived from can-
cellation of the CRT-containing CEWs, including but not limited to
metals, plastics, fibers and wood.
NOTE; Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (f) filed 6-23-2008; operative 7-1-2008. Amend-
ment filed without review by OAL pursuant to the exemption for regulations
which establish or fix rates, prices, or tariffs (Government Code section
11340.9(g)) (Register 2008, No. 26).
§ 18660.24. Additional Requirements for Recycling
Payment Claims to Demonstrate Cancellation
of CRTs or CRT-Containing CEWs Through
Dismantling to a Bare CRT After Relieving the
Vacuum.
(a) In addition to the general information required in Section 1 8660.22
of this Chapter, an approved recycler shall include the information in this
Section to claim recycling payments for canceling CRT containing
CEWs through dismantling to a bare CRT after relieving the vacuum as
specified in Section 18660.32 of this Chapter.
(b) An approved recycler shall base recycling payment claims on the
weight of CRT-containing CEWs cancelled.
(c) An approved recycler shall submit a recycling payment claim with-
in 45 calendar days of the end of a calendar month in which one or more
shipments of bare CRTs were sent to an end use destination.
(d) The reporting month for a recycling payment claim pursuant to this
Section is the month in which the shipment(s) of bare CRTs were made.
(e) An approved recycler shall calculate the payment and include the
calculation in a recycling payment claim specific to canceling CRT-con-
taining CEWs through dismantling to a bare CRT as follows:
(1) The total weight of CRT-containing CEWs cancelled from which
all treatment residuals specified pursuant to Section 18660.22(c)(1) of
this Chapter have been shipped to an end-use destination authorized to
receive and further treat those treatment residuals.
(2) The total payment claimed, calculated by multiplying the weight
of CRT-containing CEWs specified in subsection (e)(1) of this Section
by the Standard Statewide Combined Recovery and Recycling Payment
Rate.
(3) If the amount in subsection (1) of this Section includes CEWs from
outside California, CEWs without source documentation, or previously
cancelled materials, then the recycler shall reduce the payment claim to
reflect these corrections by adjusting the weights.
(f) An example calculation for canceling CRT containing CEWs
through dismantling to a bare CRT after relieving the vacuum is included
for illustration purposes as follows:
The weight of CRT-containing CEWs
cancelled: 1000 pounds
Times the per pound Standard Statewide combined
recovery and recycling payment rate: X $0.39
Equals the payment claim for the reporting
period: = $390.00 Total Claim
(g) An approved recycler shall attach the following docuinentation for
all shipments of bare CRTs made during the reporting period of a calen-
dar month:
(1) Shipping reports to end use destinations, including the names of the
shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the bare CRTs.
(3) Weight tickets of individual shipments of bare CRTs.
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use des-
tination shall be the on-board bill of lading and an executed contract or
other documentation from the intended recipient of the shipment.
(B) For other shipments, the- proof of disposition to an end-use des-
tination shall include a receipt issued by the person receiving the ship-
ment and any applicable bill of lading.
(C) For all shipments of bare CRTs, a discussion of the ultimate dis-
position of the material shipped demonstrating that the disposition is not
disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an ap-
proved recycler shall attach to the payment claim a description and quali-
fication of the disposition of other treatment residuals derived from can-
cellation of the CRT-containing CEWs, including but not limited to
metals, plastics, fibers and wood.
NOTE: Authority cited: Sections 40502, 42475(b) aiid 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
HrSTORY
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new secfion filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (0 filed 6-23-2008; operative 7-1-2008. Amend-
ment filed without review by OAL pursuant to the exemption for regulations
which establish or fix rates, prices, or tariffs (Government Code section
1 1340.9(g)) (Register 2008, No. 26).
§ 18660.25. Additional Requirements for Recycling
Payment Claims to Demonstrate Cancellation
of Non-CRT-Containing CEWs.
(a) In addition to the general information required in Section 18660.22
of this Chapter, an approved recycler shall include the information in this
Section to claim recycling payments for canceling non-CRT-containing
CEWs through dismantling to a bare panel or crushing/shredding of the
entire CEW as specified in Section 18660.32 of this Chapter.
(b) An approved recycler shall base recycling payment claims on the
weight of the cancelled non-CRT-containing CEWs.
(c) An approved recycler shall submit a recycling payment claim with-
in 45 calendar days of the end of a calendar month in which it cancels
non-CRT-containing CEWs.
(d) The reporting month for a recycling payment claim pursuant to this
Section is the calendar month the cancellation occurs.
(e) An approved recycler shall calculate the payment and include the
calculation in a recycling payment claim specific to canceling non-
Page 806.88 (m)
Register 2008, No. 26; 6-27-2008
§ 18660.30
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
CRT-containing CEWs through dismantling to a bare panel or crushing/
shredding of the entire CEW as follows:
(1) The total weight of cancelled non-CRT-containing CEWs for the
reporting month from which all treatment residuals specified pursuant to
Section 1 8660.22(c)( 1 ) of this Chapter have been shipped to an end-use
destination authorized to receive and further treat those treatment residu-
als. Note that non-CRT-containing CEWs commingled with other mate-
rial are ineligible for recycling payment.
(2) The total payment claimed, calculated by multiplying the weight
of non-CRT-containing CEWs specified in subsection (e)(1) of this Sec-
tion by the Standard Statewide Combined Recovery and Recycling Pay-
ment Rate.
(3) If the amount in subsection (I) of this Section includes CEWs from
outside California or previously cancelled materials, then the recycler
shall reduce the payment claim to reflect these corrections by adjusting
the weights.
(4) For each cancelled non-CRT-containing CEWs, the recycler shall
record and report the manufacturer name, model number, serial number
and weight prior to cancellation.
(f) An example calculation for canceling non-CRT-containing CEWs
through dismantling to a bare panel or crushing/shredding of the entire
CEW is included for illustration purposes as follows:
The weight of non-CRT-containing CEWs
cancelled: 1000 pounds
Times the per pound Standard Statewide combined
recovery and recycling payment rate: X $0.39
Equals the payment claim for the reporting
period:
= $390.00 Total Claim
(g) An approved recycler shall attach the following documentation for
all shipments of circuit boards from non-CRT-containing CEWs made
during the reporting period of a calendar month:
(1) Shipping reports to end use destinations, including the names of the
shipping recycler and the receiving end-use destination.
(2) The date of the shipment and the weight of the circuit boards.
(3) Weight tickets of individual shipments of the circuit boards.
(4) Verification of post cancellation disposition, including:
(A) For shipments by sea, the proof of disposition to an end-use des-
tination shall be the on-board bill of lading.
(B) For other shipments, the proof of disposition to an end-use des-
tination shall include a receipt issued by the person receiving the ship-
ment and any applicable bill of lading.
(C) For all shipments of non-CRT-containing CEWs circuit boards,
a discussion of the ultimate disposition of the material shipped demon-
strating that the disposition is not disposal to land, water or air.
(h) In addition to the documentation required in subsection (g), an ap-
proved recycler shall attach to the payment claim a description and quali-
fication of the disposition of other treatment residuals derived from can-
cellation of the non-CRT-containing CEWs, including but not limited
to metals, plastics, and fibers.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (0 filed 6-23-2008; operative 7-1-2008. Amend-
ment filed without review by OAL pursuant to the exemption for regulations
which establish or fix rates, prices, or tariffs (Government Code section
1 1340.9(g)) (Register 2008, No. 26).
§ 18660.30. CIWMB Review of Recycling Payment Claims.
(a) The CIWMB shall review a recycling payment claim and deter-
mine if a recycling payment is due pursuant to this Chapter. If the
CIWMB has cause to investigate any aspect of a claim, the review may
be extended until resolution of all issues aspects under investigation.
(b) The CIWMB may deny or adjust payment for any of the following
reasons:
(1) The CIWMB determines that:
(A) The signature on the claim is not that of a person with signature
authority for recycling payment claims as designated pursuant to Section
18660.11 of this Chapter.
(B) The recycler did not have current approval for the reporting period
and/or the cancellation period in the claim.
(C) The approved recycler failed to meet the requirements in this
Chapter or committed an activity prohibited in this Chapter.
(D) The payment claim contains a numerical discrepancy between val-
ues or calculations reported on the claim and the CIWMB verified values
and calculations.
(E) The facility has not been inspected by DTSC within the past 12
months, as specified in Section 42479(b)(2)(A) of the Public Resources
Code.
(F) The recycler is ineligible for payment pursuant to Section
42479(b)(1) of the Public Resources Code.
(G) The payment claim is deficient with regard to any of the following:
1 . CEW source documentation
2. CEW transfer documentation
3. CEW processing documentation
4. Treatment residual disposition documentation
5. Any other documentation required as part of a payment claim as spe-
cified in Sections 18660.22 through 18660.25 of this Chapter.
(2) The CIWMB has prevailed against the claimant in a civil or admin-
istrative action and money is owed to the CIWMB as a result of the action.
(3) The CIWMB discovers, as part of an application review, claim re-
view or an audit, significant inconsistencies or fraud.
(c) If the CIWMB adjusts or denies a payment claim based on deficien-
cies in documentation specified in subsection (b)(1)(G) of this section,
an approved recycler shall not resubmit as part of a future claim that same
documentation, or any revised form of that documentation, seeking pay-
ment for those CEWs for which payment had been denied.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new secfion filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 18660.31. Appeal of Denied or Adjusted Recycling
Payment Claims.
(a) An approved recycler may file a formal appeal by writing to the
CIWMB within 30 calendar days of the warrant date of an adjusted pay-
ment or the date of the notice denying the claim.
(b) Any appeal received by the CIWMB after 30 calendar days from
the date of the adjustment letter from the CIWMB on an adjusted pay-
ment or the date of the notice denying the claim shall be denied without
a hearing or consideration of the appeal.
(c) An approved recycler shall include all of the following information
in a written appeal:
Page 806.88(n)
Register 2008, No. 26; 6-27-2008
Title 14
California Integrated Waste Management Board
§ 18660.34
(1) The recycler's name and identification number from its proof of
approval.
(2) The month(s) and year(s) in question.
(3) A copy of the recycling payment claim and the notice denying the
claim, or a copy of the remittance advice if a payment adjustment is being
appealed.
(4) An explanation of why the adjustment or denial was in error.
(5) Any other documentation that supports the appeal.
(d) At any time during the proceeding, before a final decision is issued,
the CIWMB, with the consent of the petitioner, may refer the matter to
mediation, or binding or non-binding arbitration, consistent with the pro-
visions of Government Code Section 1 1420.10.
(e) The CIWMB shall provide a hearing before the executive director,
or his or her designee, who shall act as a hearing officer. The hearing offi-
cer shall consider the claim, the reasons for payment denial or payment
adjustment, and any additional relevant information presented by the
claimant or CIWMB staff. The hearing officer shall issue a written deci-
sion stating the factual and legal basis for the decision.
(f) The CIWMB may adopt the decision as the final decision, or review
all or a part of the decision at a hearing before the Board.
(g) The CIWMB will notify the recycler of the final determinafion in
writing within 20 calendar days from the date on which Board adopts a
final decision.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Section 42479, Public Resources Code; and Sections 1 1400.20
and 1 1415.10, Government Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
Article 2.4. Electronic Waste Payment
System — Cancellation Methods, Recovery
Payment Rate, and Combined Recovery and
Recycling Payment Rate
§18660.32. Cancellation Methods.
(a) The CIWMB shall not pay recycling payment claims unless the
cancellation method used meets the requirements of this Section.
(b) An approved recycler shall not use or propose cancellation meth-
ods that are inconsistent with any DTSC requirements for handling or
otherwise processing CEWs.
(c) An approved recycler may use the following standard CEW can-
cellation methods that qualify for recycling payments as specified in the
requirements of this Chapter:
(1) CRT or CRT-containing CEW cancellation through crushing or
shredding.
(2) CRT or CRT-containing CEW cancellation through dismantling
to a bare CRT after relieving the vacuum.
(3) Cancellation of non-CRT-containing CEWs through crushing/
shredding of the entire CEW.
(4) Cancellation of non-CRT-containing CEWs through dismantling
to a bare panel.
(d) An approved recycler may submit proposals for alternative can-
cellation methods to the CIWMB for review on a case-by-case basis.
The CIWMB, in consultation with DTSC, shall act within 180 calendar
days to disapprove an alternative method, approve an altemadve method
for use only by the requesting recycler, or approve an alternative method
for use by all recyclers.
(e) An approved recycler shall not claim, and the CIWMB shall not
pay, recycling payments for CEWs "cancelled" with an alternative meth-
od unless the CIWMB has previously approved the alternative method.
The CIWMB shall deny payment on any CEWs "cancelled" with an al-
ternative method prior to CIWMB approval.
(f) Reuse of either an intact CEW or of a partially disassembled CEW,
such as a CRT with an attached yoke, is not cancellafion and is not eligi-
ble for recycling payments.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New article 2.4 (sections 18660.32-18660.35) and section filed 5-10-2004 as
an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Pub-
lic Resources Code section 42475.2(b) a Certificate of Compliance must be
transmitted to OAL by 5-10-2006 or emergency language will be repealed by
operation of law on the following day.
2. Repealer and new article 2.4 (sections 18660.32-18660.34) and section filed
12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51).
Pursuant to Public Resources Code section 42475.2(b), emergency language
will be repealed by operation of law on 12-14-2006. A Certificate of Com-
pliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 18660.33. Standard Statewide Recovery Payment Rate.
(a) An approved recycler shall pay an approved collector the Standard
Statewide Combined Recovery Payment Rate for all CEWs transferred
to the recycler that are accompanied by applicable source documentation
pursuant to Section 18660.20(h) of this Chapter regardless of the real or
anticipated disposition of the CEWs.
(b) Beginning July 1 , 2008, the Standard Statewide Recovery Payment
Rate is $0.16 per pound.
(c) The CIWMB shall review the Standard Statewide Recovery Pay-
ment Rate at a public meeting of the Board and establish the rate pursuant
to Section 42477 of the Public Resources Code.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code-. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operafion of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operafive
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (b) filed 6-23-2008; operative 7-1-2008. Amend-
ment filed without review by OAL pursuant to the exemption for regulations
which establish or fix rates, prices, or tariffs (Government Code section
1 1340.9(g)) (Register 2008, No. 26).
§ 18660.34. Standard Statewide Combined Recovery and
Recycling Payment Rate.
(a) The CIWMB shall pay an approved recycler the Standard State-
wide Combined Recovery and Recycling Payment Rate for the weight of
CEWs cancelled and claimed pursuant to the requirements of this Chap-
ter, which includes a component for recovery costs and a component for
recycling costs.
(b) Beginning July 1, 2008 and ending on September 15, 2008 the
Standard Statewide Combined Recovery and Recycling Payment Rate is
$0.43 per pound.
(c) Beginning September 16, 2008, the Standard Statewide Combined
Recovery and Recycling Payment Rate is $0.39 per pound.
(d) The CIWMB shall review the Standard Statewide Recovery and
Recycling Payment Rate at a public meeting of the Board and establish
Page 806.88(o)
Register 2008, No. 26; 6-27-2008
§ 18660.35
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
the rate pursuant to Sections 42477 and 42478 of the Public Resources
Code.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Re-
sources Code.
History
1 . New section filed 5-1 0-2004 as an emergency; operative 5-1 0-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative
12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code sec-
tion 42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be transmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Amendment of subsection (b), new subsection (c) and subsection relettering
filed 6-23-2008; operative 7-1-2008. Amendment filed without review by
OAL pursuant to the exemption for regulations which establish or fix rates,
prices, or tariffs (Government Code section 11340.9(g)) (Register 2008, No.
26).
Article 2.5. Electronic Waste Payment
System — Manufacturer Payments
§ 18660.35. Manufacturer Registration.
(a) A manufacturer may apply to become registered, to renew an exist-
ing registration, or to revise an existing registration at any time by sub-
mitting a complete application.
(b) In an application for registration, manufacturers shall provide the
following general information:
(1) Name of manufacturer.
(2) Mailing address and physical address.
(3) Name of the employee or officer of the manufacturer who is the
contact person.
(4) Telephone number(s) of the contact person.
(5) An e-mail address of the contact person.
(6) Name of the employee or officer of the manufacturer who is the pri-
mary applicant authorized to sign:
(A) Payment claims.
(B) Reports.
(C) Other payment-related documentation and/or correspondence re-
quired by the CIWMB.
(7) Name of the employee or officer of the manufacturer (if any), in
addition to the primary applicant, who is authorized to sign:
(A) Payment claims.
(B) Reports.
(C) Other-payment related documentation and/or correspondence re-
quired by the CIWMB.
(8) An indication of whether the manufacturer wishes to be included
in an on-line registry.
(9) The location in which the records required by this Chapter will be
maintained.
(c) In an application for registration, a manufacturer shall also include
the following information about its take back program or activities, in-
cluding but not limited to:
(1) The types of California sources from which the manufacturer may
take back CEWs, including but not limited to households, businesses,
and/or other collectors.
(2) The type(s) of CEWs that the manufacturer may take back for re-
cycling.
(3) The mechanism(s) by which the manufacturer will accept CEWs
into the take back program, such as mail-in, drop-off, trade-in, or pick-
up.
(4) Any conditions the manufacturer may place on accepting CEWs.
(5) Whether the manufacturer may recover for the purposes of recycl-
ing discarded electronic devices similar to CEWs from outside of the
State of CaUfornia.
(d) In an application for registration, a manufacturer shall also include
the following information regarding the recycling of the CEWs received
into its take back program:
(1) The name and address of the recycling facility(ies) used by the
manufacturer.
(2) A description of the recycling operation used by the manufacturer,
including the recycling process that results in cancellation as specified in
Section 1 8660.32 of this Chapter or an equivalent result.
(e) In an application for registration, a manufacturer shall make the fol-
lowing certification statements:
(1 ) "The undersigned manufacturer agrees under penalty of immediate
revocation of registration and denial of manufacturer payments that as an
registered manufacturer:"
(A) "I shall ensure that any CEWs for which payment is claimed origi-
nate from a California source."
(B) "I shall only claiin payment for those CEWs that I take back and
process for recycling."
(C) "1 shall operate in compliance with the requirements of this Chap-
ter, the Act and with all applicable local, state and federal regulatory pro-
visions."
(2) "The undersigned manufacturer certifies under penalty of perjury
under the laws of the State of California that the information provided
herein is true and correct."
(A) The name and signature of the primary applicant who has the au-
thority to sign and bind the manufacturer to this application.
(B) The date and location of application execution.
(f) In an application for registration, a manufacturer shall submit a
completed "Payee Data Record" STD. 204 Form (Rev. 6-2003 or as re-
vised) — Department of Finance, State of California with an original sig-
nature of the primary applicant. The form will be provided by the
CIWMB and is hereby incorporated by reference.
(g) Within 30 calendar days upon receipt of the application for regis-
tration, the CIWMB will notify the manufacturer if the applicant is a reg-
istered manufacturer and provide a registration number to be used in all
correspondence and claims.
(h) A registered manufacturer's registration remains vahd for 2 years
following the date of registration provided that the information in the
original application remains unchanged and the manufacturer continues
to meet and fulfill the requirements of this Chapter.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a) and 42476, Public Resources Code.
History
1 . New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register
2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certifi-
cate of Compliance must be transmitted to OAL by 5-10-2006 or emergency
language will be repealed by operation of law on the following day.
2. New article 2.5 (sections 18660.3,5-18660.39) and repealer and new section
filed 12-13-2004 as an emergency; operative 1 2-1 3-2004 (Register 2004, No.
51). Pursuant to Public Resources Code section 42475.2(b), emergency lan-
guage will be repealed by operation of law on 12-14-2006. A Certificate of
Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2()04 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 18660.36. Requirements for a Registered Manufacturer.
(a) Upon registration with the CIWMB, a registered manufacturer may
claim manufacturer payments for those CEWs received by the manufac-
turer's take back program after the effective date of registration and pro-
cessed for recycling as specified in Section 18660.6(i)(3) of this Chapter.
(b) A registered manufacturer shall determine if CEWs received by the
manufacturer's take back program and processed for recycling are from
California sources or from non-California sources and shall keep track
of those materials separately.
(c) A registered manufacturer shall not request payment for non-
California CEWs.
Page 806.88(p)
Register 2008, No. 26; 6-27-2008
Title 14
California Integrated Waste Management Board
§ 18660.37
(d) A registered manufacturer shall not request payment for previously
cancelled CEWs.
(e) A registered manufacturer shall ensure that any CEW on which the
manufacturer has claimed manufacturer payment does not enter the re-
covery and recycling payment system.
(f) The recycling operation used by a registered manufacturer shall op-
erate in accordance with all Federal, State and local laws and regulations.
(g) In addition to the general record keeping requirements in Section
1 8660.8 of this Chapter, a registered manufacturer shall obtain and main-
tain the following records:
(1) A written description of the take back program, including the type
of consumers from whom CEWs are accepted for take back.
(2) A record of the number of CEWs collected by the product catego-
ries defined in Section 18660.5(a)(32) of this Chapter.
(3) Records of transfers by load to the recycling operation used by the
registered manufacturer, including signed and dated receipts showing the
weight and number of CEWs transferred.
(4) Written description of any activity, such as packaging and consoli-
dation, which explains any discrepancy between the CEWs received
through the take back program and the CEWs transferred to the recycling
operation used by the manufacturer.
(5) Records showing any CEWs received through the take back pro-
gram that are reused, repaired, refurbished or otherwise returned to use.
(6) Records showing any CEWs received through the take back pro-
gram that are transferred to another entity without being processed for re-
cycling.
(7) Records showing the processing for recycling of CEWs by num-
ber, screen size, weight, date and recycling method that results in can-
cellation as specified in Section 18660.32 of this Chapter or an equivalent
result.
(8) Complete records of all claims, attachments and supporting docu-
mentation for all recycling payment claims made to the CIWMB.
(h) A registered manufacturer shall measure, record and report
weights in pounds. A registered manufacturer shall weigh CEWs and/or
treatment residuals on a scale or other device approved, tested and sealed
in accordance with Division 5 of the Business and Professions Code
(Weights and Measures) or in accordance with comparable standards of
the state in which the registered manufacturer is located.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.
History
1 . New section filed 12-1 3-2004 as an emergency; operative 12-13-2004 (Regis-
ter 2004, No. 5 1 ). Pursuant to Public Resources Code section 42475.2(b), emer-
gency language will be repealed by operation of law on 12-14-2006. A Certifi-
cate of Compliance must be transmitted to and approved by OAL prior to that
day.
2. Amendment of subsection (g)(2) filed 12-2-2005 as an emergency; operative
1 2-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code secfion
42475.2(b), emergency language will be repealed by operation of law on
12-14-2006. A Certificate of Compliance must be U-ansmitted to and approved
by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including
further amendment of section, transmitted to OAL 10-13-2006 and filed
11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register
2006, No. 48).
§ 18660.37. Manufacturer Payment Claims.
(a) A registered manufacturer shall base a manufacturer payment
claim on the number of CEWs processed for recycling by screen size(s)
as listed in Section 42464(a) of the Public Resources Code.
(b) A registered manufacturer shall submit all of the following general
information in a claim for manufacturer payments from the CIWMB:
(1) The full name, mailing address, registration number, and federal
tax identification number of the registered manufacturer preparing the
claim.
(2) The name and phone number of a contact person for purposes of
the claim.
(3) The period of time covered by the claim and date of preparation of
the claim.
(4) The number of CEW devices claimed:
(A) In each product category as defined in Section 18660.5(a)(32).
(B) By screen size as listed in Section 42464(a) of the Public Re-
sources Code.
(5) The total monetary amount being claimed, as calculated in subsec-
tion (0 of this Section.
(6) The signature and title of a person with signature authority for pay-
ment claims as designated pursuant to Section 18660.35(b)(6) or (7) of
this Article. The signature block shall include the following certification
statements:
(A) "1 hereby declare under penalty of perjury that:"
1 . "All claimed CEWs were received from Cahfomia sources through
the manufacture take back program described in the manufacturer regis-
tration."
2. "All claimed CEWs have been processed for recycling in a manner
that results in cancellation as specified in Section 18660.32 of this Chap-
ter or an equivalent result."
3. "No claimed CEWs were transferred into the recovery and recycling
payment system."
4. "I have certified the number of devices and verified the calcula-
tions."
5. "This payment claim, including any and all accompanying docu-
ments, has been examined by me and is true, correct and complete."
6. "I understand that errors or omissions on my part may result in the
CIWMB delaying or denying payment"
7. "I further understand that fraud could result in revocation of the
manufacturer registration."
(7) The date and place the claim was signed.
(c) A registered manufacturer shall submit no more than one payment
claim per calendar month.
(d) The claim period for a manufacturer payment claim pursuant to this
Section is the time period within which processing occurs and may not
exceed three (3) months.
(e) A registered manufacturer shall attach all of the following to the
payment claim:
(1) A written description of take back program that collected the
CEWs for which payment is being claimed, including the type of con-
sumers from whom CEWs were accepted, and a record of the number of
CEWs collected by the product categories as defined in Section
18660.5(a)(32) of this Chapter.
(2) Records of transfers by load to the registered manufacturer's re-
cycling operation, including signed and dated receipts showing the
weight and number of CEWs transferred.
(3) Written description of any activity, such as packaging and consoli-
dation, which explains any discrepancy between the CEWs received
through the take back program and the CEWs transferred to the manufac-
turer's recycling operation.
(4) Records showing any CEWs received through the take back pro-
gram that are reused, repaired, refurbished or otherwise returned to use.
(5) Records showing any CEWs received through the take back pro-
gram that are transferred to another entity without being processed for re-
cycling.
(6) Records showing the processing for recycling of CEWs by num-
ber, screen size, weight, date and recycling method that results in can-
cellation as specified in Section 18660.32 ofthis Chapter or an equivalent
result.
(f) A registered manufacturer shall calculate the payment and include
the calculation in a manufacturer payment claim as follows:
(1) The total number of CEWs, by screen size as specified in Section
42464(a) of the Public Resources Code, that are processed for recycling
during the claim period.
(2) The total payment claimed, calculated by:
(A) Multiplying the number of CEWs in each screen size category by
the value of the covered electronic waste recycling fee that applies to that
category.
(B) Adding the calculations in (A) above for each screen size category
calculation together.
Page 806.88(q)
Register 2008, No. 26; 6-27-2008
§ 18660.38
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(g) An example calculation for a manufacturer claim is included for
illustration purposes as follows:
The number CEWs processed for recycling by screen size:
100 devices willi less than 15 inch screen size 100 devices
Times the covered electronic waste recycling
fee for category x $6. 00
200 devices greater than or equal to 15 inch
screen size but less than 35 inch screen size
Times the covered electronic waste recycling
fee for category
$600.00
200 devices
X $8.00
$1600.00
Equals the payment claim for the claim period: ($600.00+$1600.00)=
$2200.00 Total Claim
(h) A registered manufacturer shall deliver manufacturer payment
claims to the CIWMB's main business office, to the attention of the Ac-
counting Section. A registered manufacturer shall mark the outside of the
package containing the claims clearly with "e-Waste Claim Enclosed."
(1) A registered manufacturer shall submit timely manufacturer pay-
ment claims so that the CIWMB receives each claim within 45 days of
the end of the claim period. The CIWMB may return without payment
any claim received more than 45 days after the end of the claim period.
The CIWMB shall determine a claim's receipt as either the date of the
postmark on the claim package, or the date the claim package was physi-
cally received by the CIWMB, whichever is earlier.
(j) The CIWMB may reject a claim if it fails to comply with the re-
quirements of this Section.
(k) The CIWMB's rejection of a manufacturer payment claim shall not
extend any applicable due date or time period.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code.
History
1. New section filed 12-1 3-2004 as an emergency; operative 12-1 3-2004 (Regis-
ter 2004, No. 5 1 ). Pursuant to Public Resources Code section 42475.2(b). emer-
gency language will be repealed by operation of law on 12-14-2006. A Certifi-
cate of Compliance must be transmitted to and approved by OAL prior to that
day.
2. Amendment of subsections (b)(4)(A) and (e)(1) filed 12-2-2005 as an emer-
gency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Re-
sources Code section 42475.2(b), emergency language will be repealed by op-
eration of law on 12-1 4-2006. A Certificate of Compliance must be transmitted
to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
secfion, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
§ 1 8660.38. CIWMB Review of Manufacturer Payment
Claims.
(a) The CIWMB shall review a manufacturer payment claim and de-
termine if a manufacturer payment is due pursuant to this Chapter. If the
CIWMB has cause to investigate any aspect of a claim, the review will
be extended until resolution of all issues aspects under investigation.
(b) The CIWMB may deny payment for any of the following reasons:
(1) The CIWMB determines that:
(A) The signature on the claim is not that of a person with signature
authority for registered manufacturer payment claims as designated pur-
suant to Section 1 8660.35(b)(6) or (7) of this Article.
(B) The registered manufacturer did not have current registration for
the claim period.
(C) The registered manufacturer failed to meet the requirements in this
Chapter or committed an activity prohibited in this Chapter.
(D) The payment claim contains a numerical discrepancy between val-
ues or calculations reported on the claim and the CIWMB verified values
and calculations.
(2) The CIWMB has prevailed against the claimant in a civil or admin-
istrative action and money is owed to the CIWMB as a result of the action.
(3) The CIWMB discovers, as part of an application review, claim re-
view or an audit, significant inconsistencies or fraud.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42475(a) and 42476, Public Resources Code.
History
1. New section filed 12-1 3-2004 as an emergency; operaUve 12-13-2004 (Regis-
ter 2004, No. 5 1 ). Pursuant to Public Resources Code section 42475.2(b), emer-
gency language will be repealed by operation of law on 12-14-2006. A Certifi-
cate of Compliance must be transmitted to and approved by OAL prior to that
day.
2. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
§ 18660.39. Appeal of Denied or Adjusted Manufacturer
Payment Claims.
(a) A registered manufacturer may file a formal appeal by writing to
the CIWMB within 30 calendar days of the warrant date of an adjusted
payment or the date of the notice denying the claim.
(b) Any appeal received by the CIWMB after 30 calendar days from
the date of the adjustment letter from the CIWMB on an adjusted pay-
ment or the date of the notice denying the claim shall be denied without
a hearing or consideration of the appeal.
(c) A registered manufacturer shall include all of the following in-
formation in a written appeal:
(1) The registered manufacturer's name and registration.
(2) The month(s) and year(s) in question.
(3) A copy of the manufacturer payment claim and the notice denying
the claim, or a copy of the remittance advice if a payment adjustment is
being appealed.
(4) An explanation of why the adjustment or denial was in error.
(5) Any other documentation that supports the appeal.
(d) At any time during the proceeding, before a final decision is issued,
the CIWMB, with the consent of the petitioner, may refer the matter to
mediation, or binding or non-binding arbitration, consistent with the pro-
visions of Government Code Section M420.10.
(e) The CIWMB shall provide a hearing before the executive director,
or his or her designee, who shall act as a hearing officer. The hearing offi-
cer shall consider the claim, the reasons for payment denial or payment
adjustment, and any additional relevant information presented by the
claimant or CIWMB staff. The hearing officer shall issue a written deci-
sion stating the factual and legal basis for the decision.
(f) The CIWMB may adopt the decision as the final decision, or review
all or a part of the decision at a hearing before the Board.
(g) The CIWMB will notify the registered manufacturer of the final de-
termination in writing within 20 calendar days from the date on which
Board adopts a final decision.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Section 42476, Public Resources Code; and Sections 11400.20
and 11415.10, Government Code.
History
1 . New section filed 12-1 3-2004 as an emergency; operafive 12-13-2004 (Regis-
ter 2004, No. 5 1 ). Pursuant to Public Resources Code section 42475.2(b), emer-
gency language will be repealed by operation of law on 12-14-2006. A Certifi-
cate of Compliance must be transmitted to and approved by OAL prior to that
day.
2. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
Article 3. Manufacturer Reporting
§ 18660.41. Reporting Requirements.
Each manufacturer as defined by Section 42463(n) of the Public Re-
sources Code shall submit an annual report to the CIWMB on or before
July 1, 2005, and annually thereafter, for the period of the previous calen-
dar year. Each manufacturer shall report information by brand name of
covered electronic devices sold in the state.
(a) The report shall include the following:
Page 806.88(r)
Register 2008, No. 26; 6-27-2008
Title 14
California Integrated Waste Management Board
§ 18660.43
(1) Name and address of the manufacturer; and name, address, phone
number, and email address for a contact person of the manufacturer.
(2) The information elements, as described in Section 42465.2 of the
F'ublic Resources Code and specified in Sections 18660.41(b) through
(f), below.
(b) The sales reporting shall include:
(1) Data on the number of covered electronic devices sold in the state
by product category.
(2) An explanation of the methodology used to estimate data.
(c) The materials reporting shall include:
(1) An estimated average amount in milligrams for mercury, cad-
mium, lead, hexavalent chromium, including their alloys and com-
pounds, and PBBs used in covered electronic devices, and all their com-
ponent parts by product category.
(2) Estimates may be based on either physical testing or maximum tol-
erance levels of the material in product design specifications.
(3) An explanation of the methodology used to estimate data.
(d) Recyclable content reporting shall include:
(1) Estimates on the amount in tons of recyclable content materials
(e.g., plastics, glass, and metals) contained in covered electronic devices;
(2) The increase from the previous year in the use of recyclable content
materials; and
(3) An explanation of the methodology used to estimate recyclable
content.
(e) Design for recycling reporting shall include:
(1) Information on current activities and future plans related to the de-
sign of covered electronic devices, including but not limited to, the fol-
lowing:
(A) Ease of disassembly of covered electronic devices;
(B) Identification of resin types; and
(C) Improved materials efficiency through reduction in hazardous ma-
terials use or other approaches.
(f) List of retailers noticed pursuant to Section 42465.2(a)(1)(E) of the
Public Resources Code shall include:
(1) The contact information used by the manufacturer to perform the
notice, such as the name, address, contact person, phone number and/or
email address of the retailer to which the notice was made.
(2) The list of covered products contained in the notice.
(g) Manufacturers shall individually submit to the CIWMB samples
of the consumer information and description of all methods used to com-
ply with Section 18660.42 of this Chapter. Manufacturers shall submit
this information at the same time they comply with Section 18660.41(a)
through (e), above.
(h) Each manufacturer shall maintain the report and all supporting
documentation for three years after the report is submitted. If the
CIWMB or DTSC requests a copy of the supporting documentation the
manufacturer shall submit the supporting documentation within 10 days
of the request.
(i) Each manufacturer shall provide a certification under penalty of
perjury that the information is true and correct.
(j) Collective reporting — Compliance with the reporting required in
Sections 18660.41(b) through (f), above, is the individual responsibility
of each manufacturer. A manufacturer may comply with the reporting re-
quirements in subsections (b) and (c), above, by submitting a collective
report for the subsections containing sales and materials information, if
the following conditions are met:
(1) A collective report must contain all of the information required in
Sections 18660.41(b) and (c), above, but may combine the information
for those manufacturers submitting information for the collective report;
(2) The collective report shall contain a list of all manufacturers whose
reports are included in the collective report. This list shall include the
name of the manufacturer and address of the manufacturer; and name, ad-
dress, phone number, and email address for a contact person of the
manufacturer;
(3) Each manufacturer shall provide a certification under penalty of
perjury that the information provided for the collective report is true and
correct; and
(4) Notwithstanding Section 1 8660.4 l(j)(l) through (3), above, the
CIWMB may request, on a case-by-case basis, a manufacturer to submit
an individual report with the information required in Sections
1 8660.41 (b) and (c), above, and all supporting documentation of the in-
formation contained in the report. In response to CIWMB's request, the
manufacturer shall submit an individual report and supporting documen-
tation within ten days of receiving the CIWMB's request.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Section 42465.2, Public Resources Code.
History
1. New article 3 (section 18660.41) and section filed 5-10-2004 as an emergency;
operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources
Code section 42475.2(b) a Certificate of Compliance must be transmitted to
OAL by 5-10-2006 or emergency language will be repealed by operation of
law on the following day.
2. Repealer and new article 3 (secdon 18660.41) and section filed 12-13-2004 as
an emergency; operative 1 2-1 3-2004 (Register 2004, No. 5 1 ). Pursuant to Pub-
lic Resources Code section 42475.2(b), emergency language will be repealed
by operation of law on 12-1 4-2006. A Certificate of Compliance must be trans-
mitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of
section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to
Public Resources Code section 42475.2(b) (Register 2006, No. 48).
Article 4.
Consumer Information Required
of a Manufacturer
§18660.42. Requirements.
A manufacturer shall do the following:
(a) Make the consumer information required by Section 42465.2(a)(2)
of the Public Resources Code available in English and Spanish; and
(b) If a manufacturer uses a centralized database or Internet site to meet
the requirement in (a), the manufacturer must maintain the databases or
Internet site for their accuracy.
NOTE: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Section 42465.2, Public Resources Code.
History
1 . New article 4 (section 18660.42) and section filed 5-10-2004 as an emergency;
operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources
Code section 42475.2(b) a Certificate of Compliance must be transinitted to
OAL by 5-10-2006 or emergency language will be repealed by operation of
law on the following day.
2. Repealer and new article 4 (secfion 18660.42) and section filed 12-13-2004 as
an emergency; operative 12-13-2004 (Register 2004, No. 51 ). Pursuant to Pub-
lic Resources Code section 42475.2(b), emergency language will be repealed
by operation of law on 12-14-2006. A Certificate of Compliance must be trans-
mitted to and approved by OAL prior to that day.
3. Ceruficate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
Article 5. Confidential, Proprietary and
Trade Secret Information
§18660.43. Requirements.
The protection from disclosure of information or the disclosure of in-
formation submitted to the CIWMB by a collector, a recycler, or a
manufacturer of covered electronic devices, pursuant to this Chapter,
shall be governed by the standards adopted by the Board found at Sec-
tions 17041 through 17046, of this Title.
NOTE; Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources
Code. Reference: Sections 42465.2(c) and 42475(c), Public Resources Code
History
1. New article 5 (section 18660.43) and section filed 5-10-2004 as an emergency;
operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources
Code section 42475.2(b) a Certificate of Compliance must be transmitted to
Page 806.88(s)
Register 2008, No. 26; 6-27-2008
§ 18700
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
OAL by 5-10-2006 or emergency language will be repealed by operation of
law on the following day.
2. Repealer and new article 5 (section 18660.43) and section tiled 1 2-1 3-2004 as
an emergency; operative 12-1 3-2004 (Register 2004, No. 5 1 ). Pursuant to Pub-
lic Resources Code section 42475.2(b), emergency language will be repealed
by operation of law on 12-14-2006. A Certificate of Compliance must be trans-
mitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order transmitted to OAL
10-13-2006 and filed 1 1-27-2006 pursuant to Public Resources Code section
42475.2(b) (Register 2006, No. 48).
Chapter 9. Planning Guidelines and
Procedures for Preparing and Revising
Countywide Integrated Waste
Management Plans
(Ed. Note: For prior history see Register 89, No. 1 and 83, No. 6)
Article 3. Definitions
§18700. Authority.
NOTE; Authority cited: Section 66790, Government Code. Reference: Section
66796.22, Government Code.
History
1 . New chapter 9 (sections 1 8700-1 8752, not consecutive) filed 1 1-27-78; effec-
tive thirtieth day thereafter (Register 78, No. 47).
2. Repealer of chapter 9 (articles 1-6, sections 18700-18752, not consecutive)
filed 2-3-83; effective thirtieth day thereafter (Register 83, No. 6). For prior his-
tory, see Register 79, No. 23.
3. Editorial correction restoring History of section 18700 (Register 91, No. 26).
4. Amendment of chapter heading filed 3-31-94 as an emergency; operative
3-31-94 (Register 94, No. 13). A Certificate of Compliance must be trans-
mitted to OAL by 3-31-97 pursuant to Public Resources Code section 40502(c)
or emergency language will be repealed by operation of law on the following
day.
5. Amendment of chapter heading filed 7-22-94; operative 8-22-94 (Register 94,
No. 29)
[The next page is 806.89.]
Page 806.88(t)
Register 2008, No. 26; 6-27-2008
Title 14
California Integrated Waste Management Board
§ 18720
6. Reinstatement of chapter heading as it existed prior to 3-31-94 emergency
amendment filed 7-31-97 by operation of Government Code section
I1346.1(g)(Register97, No. 31).
§18720. Definitions.
(a) The following definitions shall apply to the regulations contained
in this chapter.
(!) Agricultural wastes.
'"Agricultural wastes" means solid wastes of plant and animal origin,
which result from the production and processing of farm or agricultural
products, including manures, orchard and vineyard prunings, and crop
residues, which are removed from the site of generation for solid waste
management. Agricultural refers to SIC Codes 01 1 through 0291.
(2) Aluminum can or aluminum container.
'"Aluminum can" or "aluminum container" means any food or bever-
age container that is composed of at least 94% aluminum.
(3) Asbestos.
"Asbestos" means fibrous forms of various hydrated minerals, includ-
ing chrysotile (fibrous serpentine), crocidolite (fibrous reibecktite), amo-
site (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous acti-
nolite, and fibrous anthophylhte.
(4) Ash.
"Ash" or "ashes" means the residue from the combustion of any solid
or liquid material.
(5) Bi-metal container.
"Bi-metal container" means any metal container composed of at least
two different types of metals, such as a steel container with an aluminum
top.
(6) Best readily available and applicable data or representative data.
"Best readily available and applicable data" or "representative data"
means information that is available to a jurisdiction from published
sources, field sampling, the Board, or other identifiable entities which is
the most current data and which addresses the situation being examined.
(7) Buy-back recycling center.
"Buy-back recycling center" means a facility which pays a fee for the
dehvery and transfer of ownership to the facility of source separated ma-
terials, for the purpose of recycling or composting.
(8) Capital costs.
"Capital costs" means those direct costs incurred in order to acquire
real property assets such as land, buildings and building additions; site
improvements; machinery; and equipment.
(9) Commercial solid wastes.
"Commercial solid waste" means solid waste originating from stores,
business offices, commercial warehouses, hospitals, educational, health
care, military, and correctional institutions, non-profit research organi-
zations, and government offices. Commercial solid waste refers to SIC
Codes 401 through 4939, 4961, and 4971 (transportation, communica-
tions and utilities), 501 through 5999 (wholesale and retail trade), 601
through 679 (finance, insurance and real estate), 701 through 8748 (pub-
lic and private service industries such as hospitals and hotels), and 91 1
through 9721 (public administration). Commercial solid wastes do not
include construction and demolition waste.
(10) Commercial unit.
"Commercial unit" means a site zoned for a commercial business and
which generates commercial solid wastes.
(11) Composition.
"Composition" means a set of identified solid waste materials, catego-
rized into waste categories and waste types pursuant to sections 1 8722(i)
and (j) of article 6.1 of this chapter.
(12) Composting.
"Composting" means a method of waste treatment which produces a
product meeting the definition of "compost" in Public Resources Code
section 40116.
(13) Composting facility.
"Composfing facility" means a permitted solid waste facility at which
composting is conducted and which produces a product meeting the defi-
niuon of "compost" in Public Resources Code section 40116.
(14) Construction and demolition waste.
"Construction and demolition waste" includes solid wastes, such as
building materials; and packaging and rubble resulting from construc-
tion, remodeling, repair and demolition operations on pavements,
houses, commercial buildings, and other structures. Construction refers
to SIC Codes 152 through 1794, 1796, and 1799. Demolition refers to
SIC Code 1795.
(15) Corrugated Container.
'"Corrugated container" means a paperboard container fabricated from
two layers of kraft linerboard sandwiched around a corrugating medium.
Kraft linerboard means paperboard made from wood pulp produced by
a modified sulfate pulping process, with basis weight ranging from 1 8 to
200 pounds, manufactured for use as facing material for corrugated or
solid fiber containers. Linerboard also may mean that material which is
made from reclaimed paper stock. Corrugating medium means paper-
board made from chemical or semichemical wood pulps, straw or re-
claimed paper stock, and folded to form permanent corrugations. Corru-
gated container refers to SIC Code 2653.
(16) Cost-effective.
"Cost-effective" means a measurement of cost compared to an unva-
lued output (e.g., the cost per ton of solid waste collected) such that the
lower the cost, the more cost-effective the action.
(17) Disposal.
"Disposal" means the management of solid waste through landfilling
or transformation at permitted solid waste facilities.
(18) Disposal capacity.
"Disposal capacity" means the capacity, expressed in either weight in
tons or its volumetric equivalent in cubic yards, which is either currently
available at a permitted solid waste landfill, or will be needed for the dis-
posal of solid waste generated within the jurisdiction over a specified pe-
riod of time.
(19) Diversion Alternative.
"Diversion alternative" means any activity, existing or occurring in
the future, which has been, is, or will be implemented by a jurisdiction
which could result in or promote the diversion of solid waste, through
source reduction, recycling or composting, from solid waste landfills and
transformafion facilities.
(20) Drop-off recycling center.
"Drop-off recycling center" means a facility which accepts delivery
or transfer of ownership of source separated materials for the purpose of
recycling or composting, without paying a fee. Donation of materials to
collection organizations, such as charitable groups, is included in this
definition.
(21) Durability.
"Durability" means the ability of a product to be used for its intended
purpose for a period greater than the mean useful product life span of sim-
ilar products.
(22) End market or end use.
"End market" or "end use" means the use or uses of a diverted material
or product which has been returned to the economic mainstream, whether
or not this return is through sale of the material or product. The material
or product can have a value which is less than the solid waste disposal
cost.
(23) Feasible.
"Feasible" means that a specified program, method, or other activity
can, on the basis of cost, technical requirements and time frame for ac-
complishment, be undertaken to achieve the objectives and tasks identi-
fied by a jurisdicfion in a Countywide Integrated Waste Management
Plan.
(24) Ferrous metals.
"Ferrous metals" means any iron or steel scrap which has an iron con-
tent sufficient for magnetic separation.
Page 806.89
Register 97, No. 31; 8- 1 -97
§ 18720
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(25) Food waste.
"Food waste" means all animal and vegetable solid wastes generated
by food facilities, as defined in California Healtii and Safety Code section
27521, or from residences, that result from the storage, preparation,
cooking, or handling of food.
(26) Hazard.
"Hazard" means having one or more of the characteristics that cause
a substance or combination of substances to qualify as a hazardous mate-
rial, as defined by section 66084 of title 22 of the Cahfornia Code of Reg-
ulations.
(27) Household hazardous waste.
"Household hazardous wastes" are those wastes resulting from prod-
ucts purchased by the general public for household use which, because
of their quantity, concentration, or physical, chemical, or infectious char-
acteristics, may pose a substantial known or potential hazard to human
health or the environment when improperly treated, disposed, or other-
wise managed.
(28) Household hazardous waste collection.
"Household hazardous waste collection" means a program activity in
which household hazardous wastes are brought to a designated collection
point where the household hazardous wastes are separated for temporary
storage and ultimate recycling, treatment, or disposal.
(29) Implementation.
"Implementation" means the accomplishment of the program tasks as
identified in each component required by section 18733 of this chapter.
(30) Industrial solid waste.
"Industrial solid waste" means solid waste originating from mecha-
nized manufacturing facilities, factories, refineries, construction and de-
molition projects, and publicly operated treatment works, and/or solid
wastes placed in debris boxes.
(31) Industrial unit.
"Industrial unit" means a site zoned for an industrial business and
which generates industrial sohd wastes.
(32) Inert solids or inert waste.
"Inert solids" or "inert waste" means a non-liquid solid waste includ-
ing, but not limited to, soil and concrete, that does not contain hazardous
waste or soluble pollutants at concentrations in excess of water-quality
objectives established by a regional water board pursuant to division 7
(commencing with section 1 3000) ofthe California Water Code and does
not contain significant quantities of decomposable solid waste.
(33) Jurisdiction.
"Jurisdiction" means the city or county responsible for preparing any
one or all of the following: the Countywide Integrated Waste Manage-
ment Plan, or the Countywide Siting Element, or the Source Reduction
and Recycling Element.
(34) Marine wastes.
"Marine wastes" means solid wastes generated from marine vessels
and ocean work platforms, solid wastes washed onto ocean beaches, and
litter discarded on ocean beaches.
(35) Market development.
"Market development" means a method of increasing the demand for
recovered materials so that end markets for the materials are established,
improved or stabilized and thereby become more reliable.
(36) Materials recovery facility.
"Materials recovery facility" means a permitted solid waste facility
where solid wastes or recyclable materials are sorted or separated, by
hand or by use of machinery, for the purposes of recycling or composting.
(37) Medium-term planning period.
"Medium-term planning period" means a period beginning in the year
1996 and ending in the year 2000.
(38) Mixed paper.
"Mixed paper" means a waste type which is a mixture, unsegregated
by color or quality, of at least two of the following paper wastes: newspa-
per, corrugated cardboard, office paper, computer paper, white paper,
coated paper stock, or other paper wastes.
(39) Model component format.
"Model component format" means that format described in sections
18733. 1 through 1 8733.6 of article 6.2 of this chapter which shall be used
for preparation of several of the individual components of a SRR Ele-
ment.
(40) Municipal solid waste or MSW.
"Municipal solid waste" or "MSW" means all solid wastes generated
by residential, commercial, and industrial sources, and all solid waste
generated at construction and demolition sites, at food-processing facili-
ties, and at treatment works for water and waste water, which are col-
lected and transported under the authorization of a jurisdiction or are
self-hauled. Municipal solid waste does not include agricultural crop
residues (SIC Codes 071 through 0724, 0751), animal manures (SIC
Code 0751), mining waste and fuel extraction waste (SIC Codes 101
through 1499), forestry wastes (SIC Codes 081 through 0851, 241 1 and
2421), and ash from industrial boilers, furnaces and incinerators.
(41) Non-ferrous metals.
"Non-Ferrous metals" means any metal scraps that have value, and
that are derived from metals other than iron and its alloys in steel, such
as aluminum, copper, brass, bronze, lead, zinc and other metals, and to
which a magnet will not adhere.
(42) Non-recyclable paper.
"Non-recyclable paper" means discarded paper which has no market
value because of its physical or chemical or biological characteristics or
properties.
(43) Non-renewable resource.
"Non-renewable resource" means a resource which cannot be replen-
ished, such as those resources derived from fossil fuels.
(44) Normally disposed of.
"Normally disposed of" refers to those waste categories and waste
types which:
1) have been demonstrated by the Solid Waste Generation Study, con-
ducted pursuant to section 18722 of this chapter, to constitute at least
0.001% of the total weight of solid wastes disposed in a solid waste
stream attributed to the jurisdiction as of January 1, 1990;
2) which are deposited at permitted solid waste landfills or transforma-
tion facilities subsequent to any recycling or composting activities at
those solid waste facilities; and
3) which are allowed to be considered in the establishment ofthe base
amount of solid waste from which source reduction, recycling, and com-
posting levels shall be calculated, pursuant to the limitations listed in
Public Resources Code section 41781(b).
(45) Old newspaper.
"Old newspaper" means any newsprint which is separated from other
types of solid waste or collected separately from other types of solid
waste and made available for reuse and which may be used as a raw mate-
rial in the manufacture of a new paper product.
(46) Operational costs.
"Operational costs" means those direct costs incurred in maintaining
the ongoing operation of a program or facility. Operational costs do not
include capital costs.
(47) Organic waste.
"Organic waste" means solid wastes originated from living organisms
and their metabolic waste products, and from petroleum, which contain
naturally produced organic compounds, and which are biologically de-
composable by microbial and fungal action into the constituent com-
pounds of water, carbon dioxide, and other simpler organic compounds.
(48) Other plastics.
"Other plastics" means all waste plastics except polyethylene tereph-
thalate (PET) containers, film plastics, and high density polyethylene
(HOPE) containers.
(49) Permitted capacity.
"Permitted capacity" means that volume in cubic yards or weight in
tons which a solid waste facility is allowed to receive, on a periodic basis,
under the terms and conditions of that solid waste facility's current Solid
•
Page 806.90
Register 97, No. 31; 8-1-97
Title 14
California Integrated Waste Management Board
§ 18720
•
Waste Facilities Permit issued by the local enforcement agency and con-
curred in by the California Integrated Waste Management Board.
(50) Permitted landfill.
"Permitted landfill" means a solid waste landfill for which there exists
a current Solid Waste Facilities Permit issued by the local enforcement
agency and concurred in by the California Integrated Waste Management
Board, or which is permitted under the regulatory scheme of another
state.
(51) Permitted solid waste facility.
"Permitted solid waste facility" means a solid waste facility for which
there exists a Solid Waste Facilities Permit issued by the local enforce-
ment agency and concurred in by the California Integrated Waste Man-
agement Board, or which is permitted under the regulatory scheme of
another stale.
(52) Plan or County wide Integrated Waste Management Plan.
"Plan" or "Countywide Integrated Waste Management Plan" means
the County wide Integrated Waste Management Plan as defined in section
41750 of the Public Resources Code.
(53) Program.
"Program" means the full range of source reduction, recycling, com-
posting, special waste, or household hazaidous waste activities undertak-
en by or in the jurisdiction or relating to management of the jurisdiction's
waste stream to achieve the objectives identified in the Source Reduc-
tion, Recycling, Composting, and Special Waste components, and
Household Hazardous Waste Element, respectively.
(54) Purchase preference.
"Purchase preference" means a preference provided to a wholesale or
retail commodity dealer which is based upon the percentage amount that
the costs of products made from recycled materials may exceed that of
similar non-recycled products and still be deemed the lowest bid.
(55) Rate staicture.
"Rate structure" means that set of prices established by a jurisdiction,
special district (as defined in Government Code section 56036), or other
rate setting authority to compensate the jurisdiction, special district or
rate setting authority for the partial or full costs of the collection, process-
ing, recycling, composting, and/or transformation or landfill disposal of
solid wastes.
(56) Recovered material.
"Recovered material" means material which has been retrieved or di-
verted from disposal or transformation for the purpose of recycling, re-
use or composting. "Recovered material" does not include those materi-
als generated from and reused on site for manufacturing purposes.
(57) Region.
"Region" means the combined geographic area of two or more incor-
porated areas; two or more unincorporated areas; or any combination of
incorporated and unincorporated areas.
(58) Repairability.
"Repairability" means the ability of a product or package to be re-
stored to a working or usable state at a cost which is less than the replace-
ment cost of the product or package.
(59) Residential solid waste.
"Residential solid waste" means solid waste originating from single-
family or multiple family dwellings.
(60) Residential unit.
"Residential unit" means a site occupied by a building which is zoned
for residential occupation and whose occupants generate residential solid
wastes.
(61) Reusability.
"Reusability" means the ability of a product or package to be used
more than once in its same form.
(62) Re-use.
"Re-use" means the use, in the same form as it was produced, of a ma-
terial which might otherwise be discarded.
(63) Rubber.
"Rubber" means an amorphous polymer of isoprene derived from nat-
ural latex of certain tropical plants or from petroleum.
(64) Salvage.
"Salvage" means the controlled removal of solid waste materials at a
permitted solid waste facility for recycling, re-use, composting, or trans-
formation.
(65) Seasonal.
"Seasonal" means those periods of time during the calendar year
which are identifiable by distinct cyclical patterns of local climate, de-
mography, trade or commerce.
(66) Sewage sludge.
"Sewage sludge" means residual solids and semi-solids resulting
from the treatment of waste water, but does not include waste water efflu-
ent discharged from such treatment processes.
(67) Short-term planning period.
"Short-term planning period" means a period beginning in the year
1991 and ending in the year 1995.
(68) SIC Code.
"SIC Code" means the standards published in the U.S. Standard Indus-
trial Classification Manual (1987), which is herein incorporated by refer-
ence.
(69) Sludge.
"Sludge" means residual solids and semi-solids resulting from the
treatment of water, waste water, and/or other liquids. Sludge includes
sewage sludge and sludge derived from industrial processes, but does not
include effluent discharged from such treatment processes.
(70) Solid Waste Generation Study.
"Solid Waste Generation Study" means the study undertaken by a ju-
risdiction to characterize its sohd waste stream and comply with all the
requirements of sections 18722, 18724, and 18726 of this chapter.
(71) Source Reduction and Recycling Element or SRR Element.
"Source Reduction and Recycling Element" or "SRR Element" means
the source reduction and recycling element required pursuant to Public
Resources Code sections 41000 and 41300.
(72) Source separated.
"Source separated" describes the segregation, by the generator, of ma-
terials designated for separate collection for some form of materials re-
covery or special handling.
(73) Special waste.
"Special waste" means any hazardous waste listed in section 66740 of
titie 22 of the California Code of Regulations, or any waste which has
been classified as a special waste pursuant to section 66744 of titie 22 of
the California Code of Regulations, or which has been granted a variance
for the purpose of storage, transportation, treatment, or disposal by the
Department of Health Services pursuant to section 663 1 0 of titie 22 of the
California Code of Regulations. Special waste also includes any solid
waste which, because of its source of generation, physical, chemical or
biological characteristics or unique disposal practices, is specifically
conditioned in a solid waste facilities permit for handling and/or disposal.
(74) Statistically representative.
"Statistically representative" means those representative and random
samples of units that are taken from a population sample, pursuant to the
procedures given in appendix 1 of article 6.1 of this chapter. For the pur-
poses of this definition, population sample includes, but is not limited to,
a sample from a population of solid waste generation sites, solid waste
facilities and recycling facilities, or a population of items of materials and
solid wastes in a refuse vehicle load of solid waste.
(75) Tin can or tin container.
"Tin can" or "tin container" means any food or beverage container that
is composed of steel with a tin coating.
(76) Ton.
"Ton" means a unit of weight in the U.S. Customary System of Mea-
surement, an avoirdupois unit equal to 2,000 pounds. Also called short
ton or net ton.
Page 806.91
Register 99, No. 29; 7 - 1 6 - 99
§ 18722
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(77) Transformation facility.
"Transformation facility" means a facility whose principal function is
to convert, combust, or otherwise process solid waste by incineration, py-
rolysis, destructive distillation, or gasification, or to chemically or bio-
logically process solid wastes, for the purpose of volume reduction, syn-
thetic fuel production, or energy recovery. Transformation facility does
not include a composting facility.
(78) Volume.
"Volume" means a three dimensional measurement of the capacity of
a region of space or a container. Volume is commonly expressed in terms
of cubic yards or cubic meters. Volume is not expressed in terms of mass
or weight.
(79) Waste categories.
"Waste categories" means the grouping of solid wastes with similar
properties into major solid waste classes, such as grouping together of-
fice, corrugated and newspaper as a paper waste category, as identified
by the solid waste classification system contained in section 18722 of ar-
ticle 6.1 of this chapter, except where a component-specific requirement
provides alternative means of classification.
(80) Waste diversion.
"Waste diversion" means to divert solid waste, in accordance with all
applicable federal, state and local requirements, from disposal at solid
waste landfills or transformation facilities through source reduction, re-
cycling or composting.
(81) Waste generator.
"Waste generator" means any person, as defined by section 40170 of
the Public Resources Code, whose act or process produces solid waste
as defined in Public Resources Code section 40191, or whose act first
causes solid waste to become subject to regulation.
(82) Waste type.
"Waste type" means identified wastes having the features of a group
or class of wastes which are distinguishable from any other waste type,
as identified by the waste classification system contained in section
18722 of article 6.1 of this chapter, except where a component-specific
requirement provides alternative means of classification.
(83) White goods.
"White goods" means discarded, enamel-coated major appliances,
such as washing machines, clothes dryers, hot water heaters, stoves and
refrigerators.
(84) Wood waste.
"Wood waste" means solid waste consisting of wood pieces or par-
ticles which are generated from the manufacturing or production of wood
products, harvesting, processing or storage of raw wood materials, or
construction and demolition activities.
(85) Yard waste.
"Yard waste" means any wastes generated from the maintenance or al-
teration of public, commercial or residential landscapes including, but
not limited to, yard clippings, leaves, tree trimmings, prunings, brush,
and weeds.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41000, 41300 and 41823, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in HISTORY No. 2
(Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
11-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order, including amendment of subsec-
tions (a)(2), (9), (12), ( 1 3), (1 5), ( 1 9). (20), (22), (30), (33), (35). (36), (39), (40),
(41 ), (44). (47), (48), (50), (51), (53), (54). (56), (64), (70), (74), and (80), trans-
mitted to OAL on 4-29-91 and filed 5-29-91 (Resister 91, No. 37).
Article 6.1. Solid Waste Generation Studies
§ 18722. Solid Waste Generation Studies — General
Requirements.
(a) Relation to Waste Characterization Component. For the purposes
of this Chapter, a solid waste generation study constitutes the waste char-
acterization component of the SRR Element required by sections 41 003,
41030, 41303 and 41330 of the Public Resources Code.
Each jurisdiction shall prepare an initial solid waste generation study
and all subsequent solid waste generation studies in accordance with the
requirements of this Article. Additional specific requirements and guide-
lines for the initial solid waste generation study are defined in Section
18724 of this Article.
(b) Regional and Joint Solid Waste Generation Studies.
Solid waste generation studies may be conducted by an individual ju-
risdiction for solid waste generated within that jurisdiction, or jointly by
two or more jurisdictions for the solid waste generated within the partici-
pating jurisdictions.
(c) Solid Waste Generation Data Projections. All solid waste genera-
tion studies shall include a 15-year projection of the solid waste to be
generated within the jurisdiction, and diverted and disposed by the juris-
diction. The projected time period shall commence from the date of the
local adoption of a SRR Element. The projection is to include the
amounts, waste categories and waste types generated, diverted from dis-
posal, and disposed, for each year of the 1 5-year period, under (1 ) the sol-
id waste management system conditions and diversion activities existing
at the time that the Solid Waste Generation study is prepared, and under
(2) the solid waste management system conditions expected to be real-
ized after a jurisdiction's implementation of its SRR Element and its at-
tainment of the statutory diversion mandates.
(1) Acceptable information sources which may be used by the jurisdic-
tion to determine and project changes in population, or in governmental,
residential, industrial, and commercial operations, shall be the following:
(A) documented population data available from the California Depart-
ment of Finance;
(B) documented employment data available from the California State
Employment Development Department;
(C) documented industrial and commercial operations data available
from the California Department of Commerce or from the California
State Employment Development Department;
(D) documented data available in a local jurisdiction's adopted current
General Plan;
(E) documented data available from published reports of local associ-
ations of governments and chambers of commerce;
(F) documented data available from the U.S. Census Bureau;
(G) documented jurisdiction-specific demographic, economic, and
solid waste data developed and published by a jurisdiction in the course
of the preparation of its solid waste generation study.
(d) Annual Report on Solid Waste Generation.
The annual report on the implementation of the SRR Element, re-
quired pursuant to Section 41821 of the Public Resources Code, shall
contain the jurisdiction's analysis of the need to revise its solid waste
generation study, including the need to revise its data on the sources of
generation, diversion and disposal, and its data on categories and types
of solid waste generated, diverted and disposed.
(e) Uses of Solid Waste Generation Data.
Data obtained from a solid waste generation study shall be used to de-
termine the total quantity of solid waste generated within the jurisdiction,
and diverted and disposed, for purposes of identifying the quantities and
Page 806.92
Register 99, No. 29; 7-16-99
Title 14
California Integrated Waste Management Board
§ 18722
types of materials to be diverted from disposal pursuant to Sections
4 J 780 and 41781 of the Public Resources Code.
(f) Measuring Solid Waste Quantity. In determining the aggregate
quantity of solid waste generated, each jurisdiction shall use the follow-
ing types of measurements: volume or weight. The conversion factors
used to convert volume to weight, or weight to volume, shall be provided
in the solid waste generation study and submitted to the Board in the SRR
Eilement.
(1 ) Conversion Factors. The conversion factors used for measurement
of the quantity of solid waste may be those from published sources and/or
those derived from test measurements developed by a jurisdiction. A sol-
id waste generation study shall cite all published sources of conversion
factors used by a jurisdiction. For conversion factors derived from test
measurements developed by a jurisdiction, a jurisdiction shall include in
the solid waste generation study, a summary of the test measurement
methods used. Conversion factors submitted by a jurisdiction are subject
to approval by the Board at the time of the Board's consideration of ap-
proval of a jurisdiction's submitted SRR Element.
(A) By January 1 , 1 992, the Board shall complete a study and compile
a list of acceptable conversion factors for each specific waste type listed
in (j) of this section.
(2) Generation. For solid wastes sampled or estimated to be produced
at the sources of generation, e.g., residential units and commercial units,
or at solid waste transfer stations, the quantity of solid wastes generated
shall be reported in weight. Data collected in terms of volume shall be
converted to weight.
(3) Diversion. For solid wastes which are diverted from transforma-
tion and disposal facilities, and which are sampled by means of a quanti-
tative field analysis at recycling, composting and solid waste reduction
facilities, the quantities of solid wastes which are diverted by means of
recycling, composting or source reduction shall be reported in weight.
Data collected in terms of volume shall be converted to weight.
For solid wastes which are diverted from transformation and disposal
facilities, and which are not sampled by means of a quantitative field
analysis but which are estimated from existing records to be diverted
from transformation or disposal facilities, the quantities of solid waste
which are diverted by means of recycling, composting or source reduc-
tion shall be reported in weight. Data collected in terms of volume shall
be converted to weight.
(4) Transformation and Disposal. For solid wastes sampled or esti-
mated to be received at solid waste transformation facihties and solid
waste disposal sites, the quantity of solid wastes disposed shall be re-
ported in both volume and weight. For solid wastes disposed in permitted
solid waste landfills the volume measurement shall be expressed in terras
of in-place volume in the landfill, after compaction, as measured in a
waste cell in the upper lift of a waste management unit excluding the vol-
ume of cover material in the cell. For the purposes of this section, cell is
defined in Section 17225.9, of title 14 of the California Code of Regula-
tions. For the purposes of this section, waste management unit is defined
in Public Resources Code section 43000(a).
(A) When solid waste volumes are recorded as uncompacted solid
wastes or solid wastes compacted in refuse vehicles or solid waste trans-
fer trailers, a jurisdiction shall state the conversion factors used to convert
these volumes to in-place volumes in the landfill. A solid waste genera-
tion study shall cite all published sources of conversion factors for solid
waste volumes used by a jurisdiction.
(5) Mixed Loads. If a refuse collection vehicle chosen for sampling has
a mixed load of solid waste that is collected from more than one source
of generation, or from more than one jurisdiction, a weight or volume
fraction (i.e., the quantity) arising from each source of generation or ju-
risdiction along the collection route shall be estimated. This estimation
shall be proportionally based on the number of residential, commercial
and industrial units from the solid waste collection route sampled, and/or
on the weight or volume of the contents of each refuse container which
is sajnpled at the source(s) of generation. Where the number of units, or
weight or volume of each refuse container, are determined by a jurisdic-
tion to be unavailable, a jurisdiction may use population estimates to pro-
portionally allocate the origins of solid wastes.
(6) Weight to be Used for Compliance with Diversion Standards. The
total weight of solid waste generated by a jurisdiction and diverted from
disposal shall be the standard by which the Board shall measure a juris-
diction's compliance with the statutory diversion requirements of section
41780 of the Public Resources Code.
(g) Determination of Solid Waste Generation. The total solid waste
generated by a jurisdiction shall be the sum of the total solid waste dis-
posed, as quantified in the solid waste disposal characterization, plus the
total solid waste diverted from permitted solid waste landfills and trans-
formation facilities through any combination of existing source reduc-
tion, recycling, and composting programs, as quantified in the solid
waste diversion characterization.
(1) The total quantity of solid waste disposed shall include only solid
waste transformed or disposed in permitted solid waste transformation
or disposal facilities. Solid wastes placed in illegal dumps or unpermitted
landfills cannot be counted as a part of the total solid waste generated, for
the purposes of the solid waste generation study.
(2) Expressed as an equation, the total solid waste generated by the ju-
risdiction shall be computed as follows:
GEN = DISP + DIVERT
where:
GEN = thetotalquantity of solid waste generated within the juris-
diction.
DISP = the total quantity of solid waste, generated within the juris-
diction, which is transformed or disposed in permitted solid waste facili-
ties.
DIVERT = thetotalquantityof solid waste, generated within the ju-
risdiction, which is diverted from permitted solid waste transformation
and disposal facilities, through existing source reduction, recycling, and
composting programs.
(h) Representative Sampling of Solid Waste. The solid waste genera-
tion study shall be performed in two (2) parts, consisting of:
(1) a representative determination of the composition and quantity of
solid waste disposed within and by the jurisdiction, i.e., a waste disposal
characterization, and,
(2) a representative determination of the composition and quantity of
solid waste generated within the jurisdiction which is diverted from solid
waste landfills and solid waste transformation facilities, i.e., a waste di-
version characterization.
(A) A solid waste generation study shall be representative of all resi-
dential, commercial, industrial and other sources of waste generation in
the jurisdiction. It shall also be representative of all solid waste source
reduction, recycling, composting, transformation and disposal activities
and facilities in the jurisdiction or used by the jurisdiction and its resi-
dents and businesses.
(i) Identification of Solid Waste Sources, Categories and Types. The
solid waste generation study shall identify all significant sources of solid
waste generated by a jurisdiction, identify all solid waste diversion pro-
grams and activities in a jurisdiction, all sohd waste diversion facilities
used by a jurisdiction which are either located in that jurisdiction or used
by that jurisdiction, and identify all permitted solid waste transformation
and disposal facilities used by a jurisdiction. The solid waste generation
study shall identify solid wastes generated, diverted and disposed by vol-
ume and/or weight, according to the requirements of section 1 8722(f) of
this article, and by waste category and waste type from the following
sources of generation within the jurisdiction:
(A) residential
(B) commercial
(C) industrial
(D) other sources
The source of waste generation listed in (D) above and titled "other
sources," may be used by a jurisdiction to identify sources of solid waste
Page 806.93
Register 99, No. 29; 7-16-99
§ 18722
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
generation which it determines are not categorized as residential, com-
mercial, or industrial sources of waste generation. Some examples of
"other sources" of solid waste generators are: state and national parks and
recreation areas, and self-haul vehicles.
(1) Sampling Period. Solid waste diversion and disposal characteriza-
tions shall demonstrate the composition and quantity of solid wastes di-
verted and disposed by the jurisdiction during a continuous twelve month
period subsequent to 1984, pursuant to the requirements set forth in sec-
tions 18722(a) and (b) of this article. Data collection is not required for
each day of the sampling period.
(2) Seasonal Variations. A solid waste generation study shall quantify
seasonal variations in solid waste generation.
A. For a jurisdiction which uses a quantitative field analysis for the ini-
tial solid waste generation study prepared for the SRR Element, only one
sampling period (e.g., one week) is required for each of the seasons iden-
tified by a jurisdiction that occur within the 6-month sampling period
chosen by a jurisdiction. Only that amount of waste which enables a juris-
diction to meet the requirements of Section 41780(a)(1) of the Public Re-
sources Code needs to be sampled by a jurisdiction.
A jurisdiction may use existing data from its own jurisdiction or from
a similar jurisdiction, as defined in Section 1 8724(c) of this article, to de-
termine the seasonal variation in the quantities and composition of solid
wastes, and to determine the seasonal ratios of solid wastes generated, di-
verted and disposed, if the jurisdiction cannot obtain such data during its
6-month sampling period.
B. In subsequent solid waste generation studies prepared for revisions
of SRR Elements, the data for a quantitative field analysis shall be col-
lected with a frequency sufficient to sample the solid waste generated
during all seasons identified by the jurisdiction, and in the amount needed
to satisfy the requirements of section 41780 of the Public Resources
Code.
C. For all solid waste generation studies, data collection is not required
for each day of the seasons identified. In each season identified by ajuris-
diction, the frequency of sampling shall be sufficient to provide a repre-
sentative characterization of solid wastes generated, diverted, and dis-
posed in the amounts needed to satisfy the requirements of section 41 780
of the Public Resources Code. In subsequent solid waste generation stu-
dies, the frequency of sampling shall be statistically representative of the
seasons sampled.
(3) Marine Wastes. A jurisdiction shall, in its solid waste generation
study, identify all marine wastes generated in the jurisdiction and assign
them to the waste categories and waste types listed in (j) of this section,
or shall demonstrate that marine wastes generated within the jurisdiction
have been accounted for within the commercial sources of solid waste
generation.
(j) Solid Waste Categories and Types. A solid waste generation study
shall identify solid waste generation, within a jurisdiction, by volume and
weight, in accordance with the requirements of (f) of this section. A solid
waste generation study shall identify solid waste generation within a ju-
risdiction by the following waste categories denoted by numerals 1
through 8, and the waste types which are identified by letter within each
waste category:
(1) Paper:
(A) corrugated containers and brown paper bags
(B) mixed paper
(C) newspaper
(D) high grade ledger paper
(E) other paper
(2) Plastics:
(A) high-density polyethylene (HDPE) containers
(B) polyethylene terephthalate (PET) containers
(C) film plastics
(D) other plastics
(3) Glass:
(A) refillable glass beverage containers
(B) California Redemption Value glass
(C) other recyclable glass
(D) other non-recyclable glass
(4) Metals:
(A) aluminum cans
(B) bi-metal containers
(C) ferrous metals and tin cans
(D) non-ferrous metals including aluminum scrap
(E) white goods
(F) other metals
(5) Yard Waste, including leaves, grass, and prunings
(6) Other Organics:
(A) food waste
(B) tires and rubber products
(C) wood wastes
(D) agricultural crop residues
(E) manure
(F) textiles and leather
(G) other miscellaneous organics
(7) Other Wastes:
(A) inert solids, including rock, concrete, brick, sand, soil,
fines, asphalt, sheetrock
(B) household hazardous waste materials and discarded
household hazardous waste materials containers
(8) Special Wastes:
(A) ash
(B) sewage sludge
(C) industrial sludge
(D) asbestos
(E) auto shredder waste
(F) auto bodies
(G) other special wastes
A jurisdiction may add additional waste types to this list, but only if
the quantities of these additional waste types are not duplicates of the re-
ported quantities of the waste types given in the list above.
(k) Composite Solid Wastes. A jurisdiction shall, in the case of a com-
posite solid waste material which is readily separable into individual
components, estimate in a solid waste generation study the separate per-
cent contribution, by volume or weight, of each identifiable and separa-
ble waste category and waste type in the composite solid waste material.
(/) Sampling Methodologies. Each jurisdiction shall use one or more
of the methodologies listed in (1) through (4) of this subsection, to char-
acterize the waste categories, waste types and quantities of the solid
wastes generated within the jurisdiction and diverted or disposed in solid
waste landfills or transformation facilities, using the waste categories and
types given in Sections 18722(i) and (j) of this article.
(1) Quantitafive Field Analysis. The quantitative field analysis meth-
odology shall be conducted using data which is collected in the field ei-
ther from the sources of generation, from refuse collection vehicles or
solid waste transfer vehicles; solid waste source reduction, recycling, and
composting programs and facilities; and/or permitted solid waste trans-
formation and disposal facilities.
For the purposes of this section, quantitative field analysis consists of
two steps: (1) the physical separation and sorting of residential, commer-
cial, industrial or other solid wastes, and/or the visual survey of the com-
position of the solid wastes contained in self-haul vehicles, industrial
solid wastes contained in debris boxes or other industrial solid waste con-
tainers, and (2) the physical measurement or accurate estimation and re-
cording of the weight and/or volume of the solid wastes observed when
performing step (1).
(2) Materials Flow Methodology. A materials flow methodology is
one in which a jurisdiction estimates, using data on the quantities of spe-
cific commodifies sold in the jurisdiction's marketplace, the quantity of
solid wastes generated as a result of sales of those commodities. With this
methodology, adjustments are to be made for (a) import and export of
Page 806.94
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Title 14
California Integrated Waste Management Board
§ 18724
commodities to and from a jurisdiction, (b) commodity lifetime, and (c)
other variables identified by a jurisdiction.
(3) Jurisdiction-Specific Data. This methodology is one in which a ju-
risdiction uses existing published data to estimate the amounts of solid
wastes specific to its jurisdiction, e.g., data on demolition and construc-
tion wastes, sludges, automobile bodies, nonhazardous industrial wastes,
incinerator residues, and other solid wastes which cannot be easily
sampled or estimated by another methodology allowed by this section.
(4) Existing Data from Comparable Jurisdictions. The comparable ju-
risdiction methodology is one by which the jurisdiction analyzes solid
waste generated in the jurisdiction by using existing solid waste compo-
sition data from another jurisdiction or jurisdictions in California, except
as allowed in the following paragraphs of this subsection.
The use of out-of-state waste composition data is acceptable, pro-
vided that the jurisdiction submits with its solid waste generation study
a statement of justification which satisfies its burden of proof of demon-
strating the following:
1. The out-of-state data must be comparable to data available within
California, and satisfy the requirements of subparagraphs (A), (B), and
(C) of this section;
2. The statutory and regulatory framework of the state from which the
data is derived must be consistent with the California Integrated Waste
Management Act of 1989, as amended, and its attendant regulations,
such that it is evident that the framework has not significantly impacted
the relative composition of the solid wastes disposed and diverted in that
state.
As a part of demonstrating the data's comparability and legal consis-
tency, a jurisdiction shall submit a complete copy of the following, at the
time the jurisdiction submits its SRR Element for the Board's consider-
ation:
i). the waste characterization study and composition data it is using,
and
ii). the solid waste statutory and regulatory framework of the state
from which the study and data originated.
For the purposes of this section, out-of-state data refers only to data
obtained from other states of the United States.
Except for the initial solid waste generation study, and as allowed by
section 18724(c) of this article, data from another jurisdiction may be
used to characterize the composition of solid waste generated only if all
of the following criteria are met:
(A) the jurisdiction's population is within plus or minus 10% of that
of the jurisdiction conducting the solid waste generation study; and
(B) the jurisdiction's total residential solid waste tonnage disposed is
within plus or minus 10% of the total residential tonnage disposed by the
jurisdiction conducting the solid waste generation study, or the jurisdic-
tion's number of residential dwelling units is witliin plus or minus 10%
of the number of residential units of the jurisdiction conducting the solid
waste generation study; and
(C) the jurisdiction's total commercial solid waste tonnage disposed
is within plus or minus 10% of the total commercial tonnage disposed by
the jurisdiction conducting the solid waste generation study, or the juris-
diction's number of commercial units is within plus or minus 10% of the
number of commercial units of the jurisdiction conducting the solid
waste generation study.
(m) Solid Wastes Countable Towards Diversion.
For purposes of determining the quantity and types of solid wastes di-
verted, only those solid wastes which are normally disposed of at per-
mitted solid waste landfills or permitted solid waste transformation faci-
lities, and which are allowed to be counted toward the statutory diversion
mandates pursuant to Sections 41781(a) and (b) of the Public Resources
Code, as amended shall be included.
(n) Unacceptability of Double and Multiple Counting. A jurisdiction
shall not double count or multiple count solid wastes that are diverted
from disposal by recycling, composting and source reduction programs
and facilities.
(o) Accuracy of Data. Ajurisdiction shall, in compiling necessary data
on the quantities and composition of solid wastes generated, diverted and
disposed, develop a system of reporting procedures which will, as accu-
rately as possible, quantify data reported from local governments, special
districts, solid waste haulers, solid waste facility operators, scrap dealers,
recycling facilities, recycling programs, and source reduction programs,
for the purposes of the preparation of the SRRE, the Household Hazard-
ous Waste Element, and the Countywide Siting Element. This system of
reporting shall be separately outlined in the solid waste generation study
when it is submitted to the Board.
NOTE; Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41 003, 41 030, 41 03 1 , 41 033. 41 300, 4 1 303, 41 330, 4 1 33 1 , 4 1 333,
41780, 41781 and 41821 , Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). ACertificateofCompliancemust be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretai^ of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2- 1 5-91 as an emergency ; operative 2-1 5-9 1 (Register 9 1 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Editorial correction of printing error in subsection (i)(7)(A) (Register 91, No.
31).
7. Certificate of Compliance as to 2-15-91 order including amendment and re-
numbering of prior section 1 8724 to subsection 1 8722(/), and amendment and
renumbering of prior section 18726 to subsections 18722(m) and (n), trans-
mitted to OAL on 4-29-91 and filed 5-29-91 (Register 91, No. 37).
8. Change without regulatory effect amending subsection (f)(3) filed 7-11-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
12).
9. Amendment of article heading, section heading, text and Note filed 3-31-94
as an emergency; operative 3-31-94 (Register 94, No. 13). A Certificate of
Compliance must be transmitted to OAL by 3-31-97 pursuant to Public Re-
sources Code section 40502(c) or emergency language will be repealed by oper-
ation of law on the following day.
10. Editorial correction of subsections (a), (e)(1), (0(3), (0(5), (g), (i)(3), (i)(4),
(/), (/)(4)(A) and (m)(l) (Register 94, No. 37).
1 1 . Editorial correction restoring History 6 and renumbering remaining History
Notes (Register 95, No. 19).
12. Reinstatement of article heading, section heading, section and Note as they
existed prior to 3-31-94 emergency amendment filed 7-31-97 by operation of
Government Code section 1 1346.1(g) (Register 97, No. 31).
13. Change without regulatory effect amending subsections (c)(l)(B)-(C) filed
7-1 5-99 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 99, No. 29).
§ 1 8724. Additional Requirements and Guidelines for the
Initial Solid Waste Generation Study.
In addirion to the general requirements in section 18722 of this article,
the following requirements pertain to a jurisdiction's preparation of the
initial solid waste generation study for the initial SRR Element.
(a) Initial Solid Waste Generarion Study Submission Dates. Each city,
which is not a city and county, shall submit the initial solid waste genera-
tion study, as a part of its SRR Element, to the county in which it is located
by July 1, 1991, except as provided by section 41 000(b) of the Public Re-
sources Code. Each county, and city and county, shall complete the initial
solid waste generation study, as a part of its SRR Element, by July 1,
1991, except as provided by section 41000(b) of the Public Resources
Code.
(b) Regional and Joint Solid Waste Generation Studies. In addition to
the methodologies given in section 1 8122(1) of this article, for the initial
solid waste generation study,
ajurisdiction may use data collected on an aggregate basis for a joint
or regional study of which ajurisdiction is apart. For the purposes of this
section, data collected on an aggregate basis are data which are collected
Page 806.95
Register 99, No. 29; 7-16-99
§ 18726
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
at solid waste facilities and recycling facilities which may not be readily
disaggregated to a level in which an individual jurisdiction's solid waste
generators, waste categories and/or waste types can be identified.
The aggregate data shall be disaggregated on a proportional basis, rel-
ative to the applicable demographic, economic, and residential, commer-
cial and industrial characteristics of each jurisdiction participating in the
regional or joint study. The initial solid waste generation study shall out-
line and describe how the proportional allocations of solid waste gener-
ated, diverted and disposed were determined and applied to the prepara-
tion of the solid waste generation study.
(c) Use of Pre-existing Solid Waste Generation Studies and Data. In
addition to the methods given in section 18722(/) of this Article, for the
initial solid waste generation study, a jurisdiction may use pre-existing
solid waste generation studies or data on solid waste composition that
have been prepared, subsequent to 1984, by the Board and/or by jurisdic-
tions in California or out-of-state which have similar demographic (e.g.,
dwelling unit size, family size), and economic (e.g., income, employ-
ment), or solid waste (e.g., waste composition, relative proportions of
solid waste generators) characteristics.
The use of out-of-state waste composition data is acceptable, pro-
vided that the jurisdiction submits with its solid waste generation study
a statement of justification which satisfies its burden of proof by demon-
strating the following:
1 . the out-ol-state data must be comparable to data available within
California, and satisfy the requirements of subsection (c) of this section;
and
2. the statutory and regulatory framework of the state from which the
data is derived must be consistent with the California Integrated Waste
Management Act of 1989, as amended, and its attendant regulations,
such that it is evident that the framework has not significantly impacted
the relative composition of the solid wastes disposed and diverted in that
state.
As a part of demonstrating the data's comparability and legal consis-
tency, a jurisdiction shall submit a complete copy of the following, at the
time the jurisdiction submits its SRR Element for the Board's consider-
ation:
i) the waste characterization study and composition data it is using, and
ii) the solid waste statutory and regulatory framework of the state from
which the study and data originated.
For the purposes of this section, out-of-state data refers only to data
obtained from other states of the United States.
A jurisdiction using solid waste generation studies or data from the
Board and/or another jurisdiction with similar demographic, economic
and solid waste characteristics shall list and describe in its solid waste
generation study all the major characteristics which are similar between
the two jurisdictions relative to the study.
(d) Measuring Solid Waste Quantity for Diversion Mandates. If a ju-
risdiction chooses to count specific waste types towards its statutory di-
version mandates, a jurisdiction shall identify those waste types in the
initial solid waste generation study.
(e) Sampling Period - Field Study and Data Projection. If a quantita-
tive field analysis and/or materials flow methodology, as described in
section 18722(/) of this Article, are used, data for the initial solid waste
generation study shall be collected in the field during a continuous six
month period subsequent to 1984 and prior to the adoption of the initial
SRR Element by a jurisdiction. Based on the data collected during the
6-month field study, a jurisdiction shall project the types and quantities
of solid waste generated, diverted and disposed for the following
6-month period. The field data and the projection, when combined, shall
constitute the continuous 12-month study required by section
18722(i)(l) of this article.
(f) Sampling by Quantitative Field Analysis. If a quantitative field
analysis for the initial solid waste generation study is selected for use by
a jurisdiction, the quantitative field analysis may be conducted using the
sampling procedures outlined in Appendix 1. "General Guidelines for
Sampling When Performing a Quantitative Field Analysis for a Solid
Waste Generation Study" (1 1/90).
(g) Aggregate Data. In the preparation of the initial solid waste genera-
tion study, jurisdictions jointly developing or collecting aggregate data
on a county or regional basis shall use only that data related to the quanti-
ties of solid waste generated within that region, not data on quantities of
solid waste generated within other regions.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41 000, 4 1030, 41 0.'^l, 41033, 41300, 41330, 41332, 41333, 41781
and 41823, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section retiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial coiTection of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order, including amendment and re-
numbering of prior section 18724 to subsecUon 18722(/), and new section
18724 transmitted to OAL on 4-29-91 and filed 5-29-91; operative 5-29-91
(Register 91, No. 37).
7. Change without regulatory effect amending subsections (c) and (c)(1) filed
7-11-91 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 92, No. 12).
8. Amendment of section heading, text and Note filed 3-31-94 as an emergency;
operative 3-3 1-94 (Register 94, No. 13). A Certificate of Compliance must be
transmitted to OAL by 3-31-97 pursuant to Public Resources Code section
40502(c) oremergency language will be repealed by operation of law on the fol-
lowing day.
9. Editorial cortection of subsection (g) (Register 94, No. 37).
10. Editorial correction restoring History Notes 1-5, correcting History 6, and
renumbering remaining History Notes (Register 95, No. 19).
1 1 . Reinstatement of section heading, section and Note as they existed prior to
3-31-94 emergency amendment filed 7-31-97 by operation of Government
Code section 1 1346.1(g) (Register 97, No. 31).
§ 18726. Solid Waste Generation Studies for Revised SRR
Elements.
In addition to the general requirements in section 18722 of this article,
the following requirements pertain to a jurisdiction's preparation of solid
waste generation studies for Revised SRR Elements.
(a) Individual Jurisdiction Responsibility.
For all revisions of an SRR Element in which solid waste generation
studies are conducted jointly by two or more jurisdictions, each partici-
pating jurisdiction shall be responsible for specifically measuring and
identifying, in its SRR Element, the estimated quantity of solid waste
generated within its jurisdiction which is disposed or diverted from dis-
posal by source reduction, recycling or composting activities.
(b) Identification of Solid Waste Sources, categories and types. Solid
Waste generation studies prepared for revisions of the SRR Element shall
identify the quantities of solid waste generated the jurisdiction, by
source, by waste category and waste type as listed in sections 18722(i)
and (j) of this Article. Data for each Solid Waste generation study sub-
mitted to the Board as a part of a revised SRR Element pursuant to revi-
sions required by Article 7 of this Chapter shall have been collected dur-
ing a continuous twelve month period.
(1 ) commencing no more than three years prior to the next Board sub-
mittal date for the SRR Element as required by Article 7 of this Chapter.
(c) Sampling by Quantitative Field Analysis. The quantitative field
analysis for all Solid Waste generation studies for revised SRR Elements
shall be conducted using the sampling procedures outlined in Appendix
1, "General Guidelines for Sampling When Performing a Quantitative
Field Analysis for a Solid Waste Generation Study" (11/90), unless
otherwise authorized by the Board.
Page 806.96
Register 99, No. 29; 7-16-99
Title 14
California Integrated Waste Management Board
§ 18726
(d) Requirement for Statistical Representation. Solid Waste genera-
tion studies for revised SRR Elements shall be statistically representative
of the composition and quantity of solid waste generated, diverted and
disposed by the jurisdiction. Statistical representation shall be estab-
lished by use of the Guidelines given in Appendix 1 of this Article.
(e) Partial Solid Waste Generation Studies. If, upon review of the an-
nual report submitted by a jurisdiction in compliance with section 41 821
of the Public Resources Code, the Board finds that the lack of accurate
and/or sufficient information on solid waste quantities and sohd waste
composition has contributed to the inability of a jurisdiction to meet the
goals and objectives cited in its adopted SRR Element, and/or to meet the
statutory diversion mandates given in section 41780 of the Public Re-
sources Code, the Board may require a jurisdiction to prepare a partial
sohd waste generation study focused on particular sources of generation,
and/or particular waste categories and waste types.
NOTE: Authority cited: Sections 40502 and 41 824. Public Resources Code. Refer-
ence: Sections 41 032, 41 033, 4 1330, 41 33 1,4 1332, 41 333, 41 78 1,41 82 1,41 822
and 41823, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transinitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
11-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment and re-
numbering of prior section 1 8726 to subsections 1 8722(h0 and (n), and new sec-
tion 18726 transmitted to OAL on 4-29-91 and filed 5-29-91; operative
5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 3-31-94 as an emergency;
operative 3-31-94 (Register 94, No. 13). A Certificate of Compliance must be
transmitted to OAL by 3-31-97 pursuant to Public Resources Code section
40502(c) or emergency language will be repealed by operation of law on the fol-
lowing day.
8. Editorial correction restoring History Notes 1-5 and renumbering remaining
History Notes (Register 95, No. 19).
9. Reinstatement of section heading, section and Note as they existed prior to
3-31-94 emergency amendment filed 7-31-97 by operation of Government
Code section 1 1346.1(g) (Register 97, No. 31).
Appendix 1
General Guidelines for Sampling When Performing a
Quantitative Field Analysis for a Solid Waste Generation Study
(CrWMB - November, 1990)
1. Sampling Solid Waste Generation, Diversion and Disposal - Per-
form these tasks in the following order:
a. Identify the Populations.
In each jurisdiction, identify: the populations of (1) residential units,
commercial units, industrial sites, and other sites of solid waste genera-
tion; (2) facilities and programs which recycle, compost, or source re-
duce solid wastes; and (3) solid waste transfer stations, and permitted sol-
id waste transformation facilities and solid waste disposal sites.
For the purposes of these guidelines, a population is the aggregate
from which a sample is chosen, and refers to the aggregate number of sol-
id waste generators, solid waste diversion facilities and programs, or sol-
id waste transfer, transformation and disposal facilities identified by the
jurisdiction.
b. Stratify the Populations (Optional Step).
Stratify each identified population into distinct subpopulations. The
jurisdiction shall select the subpopulations. For example, to stratify the
population for a solid waste diversion characterization, the jurisdiction
could stratify the population of recycling facilities into the following sub-
populations: drop-off centers, buy-back centers, and thrift shops. If the
number of units in the subpopulation is small, the jurisdiction may
choose not to stratify the population, and instead choose a sample from
the population as a whole.
c. Random Sampling.
Assign a unique number to each identified unit of a population or sub-
population. Using a random numbers table or any other unbiased sam-
pling method, choose the units to be sampled in the population or subpo-
pulation, for each season identified by a jurisdiction. State the type(s) of
unbiased sampling methods used in the solid waste generation study,
when the study is submitted to the Board as a part of the SRR Element.
2. Sampling and Variability Determination: In order to determine the
minimum number of samples to be taken from a population or subpopu-
lation, a jurisdiction may use one of the following two methods:
(a) Klee and Carruth Method.
Perform these tasks as follows:
(i) Sample, according to the requirements of sections 18722, 18724
and 1 8726 of this article, all of the solid waste generated, all of the solid
waste diverted from disposal by recycling, composting or source reduc-
tion activities, and all of the solid waste transformed and disposed, for
each identified population or subpopulation.
(ii) To determine the number of samples required for a statistically rep-
resentative sampling from each population or subpopulation, the juris-
diction shall use the formula for normal approximation which is found
in: A.J. Klee and D. Carruth, "Sample Weights in Solid Waste Composi-
tion Studies," American Society of Civil Engineers Journal of the Sani-
tary Engineering Division, volume 96(SA4), pages 945-954, August
1970, which is incorporated by reference. A 90% confidence interval
shall be used in this formula.
This formula is:
- m
A 90% confidence level shall be used in this formula. Thus at 90% con-
fidence level, z = 1.645 and s = 0.1632, where z is the normal standard
deviate (one-tailed) for the confidence level desired and s is the esti-
mated standard deviation of the sample, transformed (arcsin) basis. A ju-
risdiction shall use these values for z and s in computing the minimum
number of samples.
A jurisdiction shall select the confidence interval and confidence
width to be used in computing the minimum number of samples, i.e., the
jurisdiction shall determine the 5 (small delta) value to use in the formula.
In order to determine 6, a jurisdiction shall esfimate its percent waste
composition (X) by use of existing published data (waste category, and
waste type if available) about the jurisdicfion. and/or published data on
percent waste composition from other jurisdictions. The source of the
value of X used in the solid waste generation study shall be stated in the
solid waste generation study.
Next, a jurisdiction shall select a level of precision or sensitivity (A)
(large delta) (e.g., 1%, 2%, 3%) concomitant with its need for a given
level of precision, with its populafion, and with the funds it has available
for the solid waste generation study, as determined by the jurisdiction.
The waste category occurring in the highest percent in the selected
waste stream shall be selected as the waste category for determining X
and computing 5.
(iii) All solid waste generation studies prepared using the Klee and
Carruth Method for the purposes of meeting the requirements of the Inte-
grated Waste Management Act of 1989, as amended, and otherwise ap-
proved by the Board, shall be considered to meet the requirements of this
article.
b. American Society of Testing Materials (ASTM) Method.
(i) Sample, according to the requirements of sections 18722, 18724
and 18726 of this article, all of the solid waste generated, all of the solid
waste diverted from disposal by recycling, composting or source reduc-
tion activities, and all of the solid waste transformed and disposed, for
each identified populafion or subpopulation in the jurisdiction.
Page 806.97
Register97, No. 31; 8-1-97
§ 18726
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(ii) A jurisdiction shall use section 9 and Table D of Draft No. 4 of the
proposed ASTM "Method for Determination of the Composition of Un-
processed Municipal Solid Waste," dated January 24, 1990, which is in-
corporated by reference. A jurisdiction may also use the values for s and
X in Table C of this method, or may use values for s and x found in pub-
lished solid waste characterization studies which were conducted in Cali-
fornia subsequent to 1984. Other sections of this Method may be used
with section 9 and Table D. Once a final version of this Method is adopted
by ASTM, that Method shall become the approved method for com-
pliance with this article.
All solid waste generation studies prepared using the Draft ASTM
Method for the purposes of meeting the requirements of the Integrated
Waste Management Act of 1989, as amended, and otherwise approved
by the Board, shall be considered to meet the requirements of this article.
3. Sort and Identify.
Sort and identify the solid wastes from each population and/or subpo-
pulation, using the sources of waste generation listed in section 1 8722(i)
of this article, and the waste categories and waste types listed in section
18722(j) of this article.
4. Assignment of Waste Category and Waste Type.
Assign each identified solid waste material to one of the waste catego-
ries and waste types listed in sections 18722(j) of this article, or to any
additional waste types which a jurisdiction chooses to add to the list of
waste types in section (j) of this article.
5. Volume or Weight Measurement.
Measure the volume or weight of each solid waste material that has
been identified.
6. Tabulate and Analyze Data - Perform these tasks in the following
order.
Tabulate and analyze all data compiled about the waste categories and
waste types. As a part of the analysis, a jurisdiction shall compute (a) and
(b) as follows:
a. Determination of Mean and Variability.
Compute the sample mean (x) for volume or weight for each waste
category and waste type identified.
Note, X = Exj/n, where Xj is a sample weight or volume and n is the
total number of samples taken in the population or subpopulation
sampled.
Next, compute the variance (s^; i.e., where s^ = i;(xi - x )-/n-l)
and the standard deviation of the mean(s), for volume or weight measure-
ment for each population and subpopulation, using the following formu-
la:
(b) may otherwise have been overlooked in the random sampling pro-
cedure.
TABLE I
Student's t Values*
V
Z (jt,-A-)2
b. Set Confidence Levels for Sample Mean. _
Set a 90% confidence level around the sample mean (x), for each waste
category and waste type identified.
Use the formula:
x±a„-i)
(^)
where tn_i is the t value taken from the Student's t test values in Table
I, and where (n-1) is the degrees of freedom for the Student's t test for
a 90% confidence level.
Note: This formula is used to establish a confidence interval for a pop-
ulation mean when the population variance is unknown. This formula is
found in: M. Woodward and L.M.A. Francis, 1988, Statistics for Health
Management and Research, section 7.4.3, pgs. 161-162, London: Ed-
ward Arnold Publishers, which is incorporated by reference.
7. Data Analysis Adjustment.
The data analysis conducted in steps 1 through 6 may be adjusted to
include waste categories and waste types which:
(a) are known, by current written records held by the solid waste re-
cycling, composting, source reduction, transformation or disposal facili-
ties, to be disposed or diverted in a jurisdiction or in permitted solid waste
facilities used by a jurisdiction, and
Number of
Degrees of
90% Confidence
Samples (n)
Freedom (ii-l )
i
Level
2
6.314
3
2
2.920
4
3
2.353
5
4
2.132
6
5
2.015
7
6
1.943
8
7
1.895
9
8
1.860
10
9
1.833
11
10
1.812
12
11
1.796
13
12
1.782
14
13
1.771
15
14
1.761
16
15
1.753
17
16
1.746
18
17
1.740
19
18
1.734
20
19
1.729
21
20
1 .725
22
21
1.721
23
22
1.717
24
23
1.714
25
24
1.711
26
25
1.708
27
26
1.706
28
27
1.703
29
28
1.701
30
29
1.699
31
30
1.697
36
35
1.690
41
40
1.684
46
45
1.679
51
50
1.676
61
60
1.671
71
70
1.667
81
80
1.664
91
90
1.662
101
100
1.660
121
120
1.658
141
140
1.656
161
160
1.654
189
188
1.653
210
200
1.653
00
oo
1.645
*Source: George Savage, Draft ASTM Method, ASTM Designation DXXXX-
XX, Table D, January, 1990, Philadelphia, PA: American Society of Testing Ma-
terials.
Note: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41030, 41 031, 41032, 41033, 41 300, 41330, 41 331 , 41332, 41333,
41780 and 41781, Public Resources Code.
History
1. New Appendix 1 filed 3-19-90 as an emergency; operative 3-19-90 (Register
90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2- 15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
Page 806.98
Register 97, No. 31; 8-1-97
Title 14
California Integrated Waste Management Board
§ 18732
•
•
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendments and new
Tablb 1 transmitted to OAL on 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Editorial correction of Note, History 6 and Table 1, including correct place-
ment of Note and History (Register 94, No. 37).
§ 18726.1. Calculation of Maximum Disposal Tonnage.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780, 41780.1 and 41780.2, Public Resources Code.
History
1. New section filed 3-31-94 as an emergency; operative 3-31-94 (Register 94,
No. 13). A Certificate of Compliance must be transmitted to OAL by 3-31-97
pursuant to Public Resources Code section 40502(c) or emergency language
will be repealed by operation of law on the following day.
2. Editorial coirection clarifying tables (Register 94, No. 37).
3. Repealer filed 6-5-96 as an emergency ; operative 6-5-96 (Register 96, No. 23).
A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emer-
gency language will be repealed by operation of law on the following day.
4. Repealer refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 18726.2. Calculation of Minimum Diversion Tonnage.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780, 41780.1 and 41780.2, Public Resources Code.
History
1. New section filed 3-31-94 as an emergency; operative 3-31-94 (Register 94,
No. 13). ACertificateofCompliancemustbetransinitted to OAL by 3-31-97
pursuant to Public Resources Code section 40502(c) or emergency language
will be repealed by operation of law on the following day.
2. Editorial correction clarifying tables (Register 94, No. 37).
3. Repealed by operation of Government Code section 11346.1(g) (Register 97,
No. 31).
Article 6.2. Source Reduction and
Recycling Elements
§18730. Scope.
(a) The Source Reduction and Recycling Element (SRRE) shall speci-
fy the means by which each jurisdiction required to prepare and imple-
ment a SRRE shall achieve the diversion mandates required by Public
Resources Code section 41780 and 41780.L
(b) The SRRE shall include items identified in chapter 9, Article 6.1,
sections 18722 through 18726, and sections 18731 through 18748 of this
Article, as applicable.
(c) Unless otherwise specified, this Article pertains to initial and sub-
sequent SRREs.
(d) For the purpose of this Article, a jurisdiction is a city, county, city
and county or a regional agency.
(e) For the purpose of this Article, programs which may be considered
as funded or operated by a jurisdiction or local governing body are identi-
fied in Public Resources Code section 41781.2(b)(1).
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40052, 40057, 40970-40975, 41000, 41300, 41780, 41780.1 and 41781.2,
Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of CompHance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readopfion of 7-6-90 emergency regulafions approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 9 1,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-1 7-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No. 1). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of subsecfions (a), (b) and (e) and amendment of NOTi;, transmitted to OAL
12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 1 8731 . Goals and Objectives.
The SRRE shall include statements which define the goals and objec-
tives for the short-term and medium-term planning periods.
(a) SRRE goals shall be consistent with the inandates of section 40051
of the Public Resources Code.
(b) SRRE objectives shall identify the amount of solid waste which the
jurisdiction plans to divert from disposal at facilities to comply with the
diversion requirements of Public Resources Code Sections 41780 and
41780.1 through each of the component programs described in sections
18733 through 18748 of this Article.
(c) SRRE objectives shall specify the time frame for achievement of
each objective.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 4005 1,40052, 40900(c), 41001, 41301, 41 780, 41780.1 and 41 78 1.2, Public
Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operafive
1-3-94 (Register 94, No. 1). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of subsecfion (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register97, No. 7).
§ 18732. Solid Waste Generation Analysis.
Each jurisdiction preparing a SRRE shall prepare a solid waste genera-
tion analysis based upon the information developed in Article 6.1 of this
Chapter. The analysis shall include, but not be limited to, the following:
(a) For the initial SRRE, include a list, by specific waste categories, as
denoted in section 18722, of Article 6.1 of this chapter, of the quantities
of materials currently diverted from disposal, and the materials identified
as being currently disposed according to the Waste Generation Study
conducted by the jurisdiction.
(b) A list of the waste materials currently disposed in the jurisdiction
which could potentially be diverted from disposal by use of the diversion
programs described in sections 18733 through 18740, of this Article.
(c) A list of the waste materials currently disposed in the jurisdiction
which cannot be diverted from disposal by diversion programs including,
but not limited to, those described in sections 18733 through 18740 of
this article and a discussion of why these waste materials cannot be di-
verted from disposal.
Page 806.99
Register 97, No. 31; 8-1-97
§ 18732
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 41030, 41051, 41071, 41201. 41330, 41351, 41371 and 41401, Public Re-
sources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency laneuaee will be repealed on 7-1 7-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1 346. r(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-1 7-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of first paragiaph, subsection (a) and NOTE filed 1-3-94 as an
emergency; operative 1-3-94 (Register 94. No. 1). A Certificate of Compliance
must be transmitted to OAL by 1-3-97 per Public Resources Code section
40502(c) oremergency language will be repealed by operation of law on the fol-
lowing day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-3 1 -96 and
filed 2-13-97 (Register 97, No. 7).
•
Page 806.100
Register 97, No. 31; 8-1-97
Title 14
California Integrated Waste Management Board
§ 18733.2
§18733. Model Component Format.
(a) The model component format, described in sections J 8733. 1
through J 8733.6 of this Article, shall be used in the preparation of each
of the following individual components of the SRRE:
(1) Source Reduction Component
(2) Recycling Component
(3) Composting Component
(4) Special Waste Component
(b) Additional requirements contained in sections 18734 through
1 8737.2 of this Article, shall be included in the preparation of the compo-
nents, listed in section 18733(a) of this Article, in accordance with the
model component format.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41003 and 41303, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operafi ve 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91 , No. 37).
7. Amendment of subsection (a) and Note filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No. 1). A Certificate of Compliance must be trans-
mitted to OAL by 1 -3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of subsection (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 1 8733.1 . Component Objectives.
(a) Each component shall state the specific objectives to be accom-
plished during the short-term and medium-term planning periods. The
initial SRRE component objectives shall be based upon the results of the
Solid Waste Generation Analysis required by section 18732 of this Ar-
ticle and other local considerations which may be necessary to accom-
plish integrated waste management.
(b) For the initial SRRE, each jurisdiction shall identify specific waste
categories or waste types, as found in the Solid Waste Generation Study
conducted pursuant to section 18722, of Article 6.1 of this chapter, as
priorities for waste diversion based on analysis of solid waste generation
in terms of criteria which may include, but are not limited to, the follow-
ing:
(1) volume of the solid waste;
(2) weight of the solid waste;
(3) hazard of the solid waste; and
(4) material, products or packages, contributing to the waste category
or waste type, that are made of non-renewable resources.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 41054, 41071, 41201, 41351, 41371 and 41401, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history, see
Registers 89, No. 1 and 83, No. 6.
2. New section refiJed 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14—90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2- 15-91 order, including amendment of subsec-
tion (b), transmitted to OAL 4-29-91 and filed 5-29-9 1 (Register 91 . No. 37).
7. Amendment of subsections (a) and (b) and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 1). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or
emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1 -3-94 order transmitted to OAL 1 2-31-96 and
filed 2-13-97 (Register 97, No. 7).
§ 18733.2. Existing Conditions Description.
(a) As applicable, each component, listed in section 18733(a) of this
Article, shall include a description of the existing diversion alternatives
for each component program in the jurisdiction. The description shall in-
clude, but not be limited to, the following:
(1) a brief description of each existing diversion alternative implem-
ented in the jurisdiction; and
(2) the quantity of waste diverted, listed by waste category and waste
type where applicable as follows:
(A) for the initial SRRE identify the quantity of waste diverted for each
existing diversion alternative. Waste quantities shall be specified by vol-
ume, expressed in cubic yards, or by weight, expressed in tons;
(B) for a subsequent SRRE, quantify each existing diversion alterna-
tive which involves recycling or composting programs that are operated
or funded by a jurisdiction. Waste quantities shall be specified by weight,
expressed in tons or volume, expressed in cubic yards.
(3) an identification and description of the existing diversion alterna-
tives within the jurisdiction that will be decreased in scope, phased out
or closed during the short-term and medium-term planning periods. The
description shall include a discussion of the effects of such closure on ex-
isting solid waste management activities within the jurisdiction and its
impact on the attainment of the solid waste diversion mandates specified
in sections 41780 and 41780.1, Public Resources Code.
(b) The information provided in this section shall be used to:
(1) account for existing diversion amounts when calculating baseyear
solid waste generation rates in the initial SRRE.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40901, 41031, 41333, 41780, 41780.1 and 41780.2, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be u-ansmitted lo OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafi ve 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-9 1 order, including amendment of subsec-
fion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91 , No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No.l). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tions (a)(2)(B), (a)(3) and (b)(1), repealer of subsection (b)(2), and amendment
of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
Page 806.101
Register 97, No. 7; 2-14-97
§ 18733.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 8733.3. Evaluation of Alternatives.
Each component shall include an evaluation of diversion alternatives
which have been considered for local implementation for the purpose of
achieving the objectives required in section 18733.1, of this Article.
(a) Each alternative considered shall be evaluated in terms of the fol-
lowing criteria and any other local considerations:
(1) effectiveness in reducing either solid waste volume, weight, per-
centage in weight or its volumetric equivalent;
(2) hazard created by the alternative considered;
(3) ability to accommodate changing economic, technological, and so-
cial conditions;
(4) consequences of the diversion alternative on the characterized
waste, such as shifting solid waste generation from one type of solid
waste to another;
(5) whether it can be implemented in the short-term and medium-term
planning periods; and
(6) the need for expanding existing facilities or building new facilities
to support implementation of the alternative.
(b) In addition, the evaluation shall include, but not be limited to, the
following:
(1) a discussion of the consistency of each alternative with applicable
local policies, plans, and ordinances based upon local conditions;
(2) a discussion of any institutional barriers to local implementation
of each alternative;
(3) an estimate of the costs related to the implementation of each alter-
native being evaluated for the short-term and medium-term planning pe-
riods; and
(4) a discussion of the availability of local, regional, state, national,
and international end-uses for the materials which would be diverted
through implementation of each alternative being considered.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900(c), 41053, 41 073, 4 1203, 41 250, 41 260, 41 353, 4 1373, 4 1403, 41 450,
41460, 41780 and 41780.1, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3- 19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 4-9 1 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operafive 1 -3-94 (Register
94, No.l). A Certificate of Compliance must be transinitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register97, No. 7).
§ 1 8733.4. Selection of Programs.
(a) Each component shall identify and describe the diversion alterna-
tives selected, including existing diversion alternatives, expansions of
existing diversion alternatives, and new diversion alternatives, which
will be implemented to meet the objectives of the component and meet
the solid waste diversion requirements specified in Public Resources
Code, section 41780 and 41 780.1 . This selection shall be based upon the
evaluations conducted pursuant to section 18733.3 of this Article. The
program description shall include, but not be limited to, the following:
(1) a discussion of each diversion alternative selected for the program
identifying why the alternative was selected for iinplementation. For the
initial SRRE this discussion shall be based upon the data compiled in the
solid waste generation study conducted pursuant to Article 6.1. of this
chapter, information contained in the solid waste generation analysis re-
quired by section 18732 of this Article; and the evaluation conducted
pursuant to section 18733.3 of this Article.
(2) an estimate of the anticipated quantities of solid wastes to be di-
verted from solid waste disposal, by diversion program and waste type,
for the short-term and medium-term planning periods. Solid waste
quantities shall be estimated either by volume, expressed in cubic yards,
or by weight, expressed in tons. Each component shall state the antici-
pated percentage of contribution of the selected program towards the di-
version mandates required by section 41780 and 41780.1 of the Public
Resources Code;
(3) as applicable to the component, a listing of the anticipated local,
regional, state, national, and/or international end-uses for diverted mate-
rials based upon the evaluation of the diversion alternative required by
section 18733.3(b)(4) of this Article;
(4) as applicable to the component, a description of the proposed meth-
ods for handling and disposal which may be necessary to implement the
selected program; and
(5) a description of any facilities to be utilized for the implementation
of the program which section 18733.3 of this Article has shown must be
expanded or built to support implementation of the selected program.
(b) Each diversion alternative which involves waste type "sludge"
shall, in addition to the criteria set forth in subsections (a)(1) and (a)(2)
of this section, be subject to a finding by the Board as described in Article
7.0 section 18775.2.
Note.- Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900(c), 41050-41053, 41070-41075, 41200-41204, 41250, 41260,
41350-41353, 41370-41375, 41400-41404, 41450, 41460, 41480, 41780 and
41780.1, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operafion
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register
94, No. 1 ). A Certificate ofCompliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of section
heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§18733.5. Program Implementation.
Each component shall contain a program implementation description
which includes, but is not limited to, the following:
(a) identification of government agencies and divisions thereof, orga-
nizations, and/or persons responsible for implementation of the selected
program;
(b) identification of the tasks necessary to implement the selected pro-
gram;
Page 806.102
Register 97, No. 7; 2-14-97
Title 14
California Integrated Waste Management Board
§ 18734.1
(c) identification of a short-term and medium-term planning period
implementation schedule addressing each task identified in (b) of tiiis
section.
Note- Authority cited: Section 40.'i02, Public Resources Code. Reference: Sec-
tions 40900(c), 41 050, 41070, 41 200, 41 230, 41 260, 41350, 4 1370, 4] 400, 41430,
41460 and 41780, Public Resources Code.
HrSTORY
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior histoid see
Registers 89,''No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1 -1 4-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
J 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1 346. 1 (e) (Register 9 1 , No. 13).
5. New secfion refiled 2-15-9 1 as an emergency; operative 2-15-91 (Register 91 ,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operafion of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of first
paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Amendment of subsection (c) and Note and repealer of subsection (d) filed
1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1). A Certificate
of Compliance must be transmitted to OAL by 1-3-97 per Public Resources
Code section 40502(c) or emergency language will be repealed by operation of
law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18733.6. Monitoring and Evaluation.
(a) Each jurisdiction shall use one or more of the following methods
to monitor and evaluate diversion programs being implemented:
(1) for the initial SRRE, a Waste Generation Study consistent with the
waste generation study prepared under section 18722, of Article 6.1 of
this Chapter;
(2) targeted solid waste characterization studies involving recycling,
composting, transformation, and solid waste landfill facilities to measure
changes in the volume, or weight of specific materials;
(3) an assessment of any changes in the design, production, distribu-
tion, sale, or use of selected products and packages which affect solid
waste generation; or
(4) another method for which prior written approval has been given by
the Board.
(b) Each jurisdiction shall provide the following information based
upon the specific monitoring and evaluation methods selected for each
recycling and composting program that is operated or funded by a juris-
diction:
(1) written criteria for evaluating the program's effectiveness;
(2) identification of agencies or divisions thereof, organizations, or
persons responsible for the prograin's monitoring, evaluation, and re-
porting; .
(3) identification of measures to be implemented if monitoring shows
a shortfall in the attainment of solid waste diversion objectives of the
component or a shortfall in the attainment of the diversion mandates spe-
cified in Public Resources Code, sections 41780 and 41780.1. Such mea-
sures may include, but are not limited to, provisions for:
(A) increasing the frequency of program monitoring and review, or,
(B) modification of the objectives or diversion alternatives adopted in
each component program.
(c) Each recycling or composting component program that is operated
or funded by a jurisdiction shall contain an explanation of how the pro-
gram is to be monitored and evaluated during its implementation. A juris-
diction shall identify the methods to quantify and monitor achievement
of the objectives, including but not limited to, diversion from solid waste
landfills and transformation facilities and reduction of waste hazards.
Actual solid waste diversion shall be quantified in cubic yards, or in tons,
and as a percentage of the total solid waste generation of the jurisdiction.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
nons 40901, 41052, 41072, 41202, 41250. 41260, 41352, 41372, 41402, 41450,
41460, 41780 and 41780.1, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an einergency; operafive 7-17-90 (Register 90.
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register91, No. 13).
5. New secfion refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of CompUance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compfiance as to 2-15-91 order, including amendment of first
paragraph and subsecfion (b), transmitted to OAL 4-29-91 and filed 5-29-91
(Register9],No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No.l). A Certificate ofCompliance must be transmitted
to OAL by 1-3-97 per Public Resources Code secfion 40502(c) or emergency
language will be repealed by operafion of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including additional amendment
of section and Note, transmitted to OAL 1 2-31-96 and filed 2-1 3-97 (Register
97, No. 7).
§ 18734. Source Reduction Component Specific
Requirements.
The Source Reduction Component shall include the requirements con-
tained in sections 18733.1 through 18734.3 of this Article.
Note: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fions 41050 and 41350, Pubfic Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readopfion of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91 , No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register 91,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operafion of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operafive 1-3-94 (Register
94, No.l). A Certificate ofCompliance must be transmitted to OAL by 1-3-97
per Public Resources Code secfion 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including amendment of section,
transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18734.1. Source Reduction Component Objectives.
(a) Each jurisdiction shall examine and select source reduction pro-
gram objectives which meet the goal of minimizing the quantity of solid
waste disposed including, but not limited to, the following:
(1) reducing the use of non-recyclable materials;
(2) replacing disposable materials and products with reusable materi-
als and products;
(3) reducing packaging;
(4) reducing the amount of yard wastes generated;
(5) purchasing repairable products; and,
Page 806.103
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§ 18734.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(6) increasing tiie efficiency of tiie use of paper, cardboard, glass, met-
al, and other materials by reducing wastes from non-residential genera-
tors' production operations, processes, and equipment and considering
durability, reusability, and recyclability as product selection criteria.
(b) Each jurisdiction shall identify specific waste types (materials,
products, and packaging) to be targeted for the source reduction objec-
tives, based upon criteria, which include, but are not limited to, the fol-
lowing:
(1) the potential to extend the useful life of affected materials, prod-
ucts, or packaging; and
(2) whether the waste type has limited recyclability.
NOTE: Authority cited: Sections 40502. Public Resources Code. Reference: Sec-
tions 40900(c), 41050-41054 and 41350-41354, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior histoiy see
Registers 89. No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operanve 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial coirection of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operanve 2-15-91 (Register91,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tions (a) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91,
No. 37).
7. Amendment of subsection (a) and Note filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be trans-
mitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-3 1-96 and
filed 2-13-97 (Register 97, No. 7).
§ 18734.2. Source Reduction Component Existing
Conditions Description.
(a) The description of existing conditions shall identify the source re-
duction activities currently being performed by public and private enti-
ties including, but not limited to governmental, commercial, and indus-
trial entities;
(b) For the initial SRRE, quantification of current source reductions
achieved through existing programs within the jurisdiction shall meet the
following criteria:
(1) the methodology, assumptions, and results shall be described, doc-
umented, and verified; and,
(2) the jurisdiction shall use the best readily available and applicable
data, which may include direct observations and measurements of source
reduction and the results of monitoring programs similar to those identi-
fied in section 18733.6 of this article.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 41050, 41053, 41350 and 41353, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operafive 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be trans-
mitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 1 2-3 1 -96 and
filed 2-13-97 (Register 97, No. 7).
§ 18734.3. Evaluation of Source Reduction Program
Alternatives.
Each jurisdiction shall consider source reduction program alternatives
including, but not limited to, the following:
(a) Rate structure modifications, which may include, but are not lim-
ited to:
(1) local waste disposal fee modifications;
(2) quantity-based local user fees, which may include, but are not lim-
ited to, variable can rates for garbage collection services, such as fees
based on the number of containers set out for collection;
(b) Creation of other economic incentives, which may include, but are
not limited to:
(1) loans, grants, and loan guarantees;
(2) deposits, refunds, and rebates; and
(3) reduced business license fees;
(c) Technical assistance or instructional and promotional alternatives,
which may include, but are not limited to:
(1) waste evaluations;
(2) the establishment of compost programs which assist generators to
compost at the site of generation;
(3) technical assistance to industry and consumer organizations, and
to source reduction businesses;
(4) educational efforts, such as consumer awareness programs, school
curricula development, seminars, and public forums;
(5) awards and other types of public recognition for source reduction
activities; and
(6) non-procurement source reduction programs, such as education of
employees, office changes to increase the use of scrap paper, increased
use of electronic mail, and increased double-sided copying.
(d) Regulatory programs, which may include, but are not limited to:
(1) local adoption of ordinances that specify that one or more of the
following criteria be considered in the procurement selection of products
and packaging by the jurisdiction:
(A) durability
(B) recyclability
(C) reusability
(D) recycled material content
(2) local establishment of incentives and disincentives to land-use de-
velopment that promote source reduction;
(3) locally established requirements of waste reduction planning and
reporting by waste generators or manufacturers;
(4) local adoption of bans on products and packaging to the extent the
following can be demonstrated:
(A) the ban will result in reduction in waste at the source, rather than
substitution by another product or package of equivalent or greater vol-
ume; and
(B) the ban will result in a net environmental benefit.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41050-41054 and 41350-41354, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
Page 806.104
Register 97, No. 7; 2-14-97
Title 14
California Integrated Waste Management Board
§ 18735.3
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(6) (Register 91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2- 15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order, including amendment of subsec-
tion (d)(4)(A), transmitted to OAL 4-29-91 and filed 5-29-91 (Recister 91,
No. 37).
7. Change without regulatory effect amending subsections (d)(1), (d)(2), (d)(3)
and (d)(4) filed 7-1 1-91 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 92, No. 12).
8. Amendment of first paragraph, subsections (b) and (d)(4)(A) and Note filed
1-3-94 as an emergency; operative 1-3-94 (Register 94, No. 1). A Certificate
of Compliance must be transmitted to OAL by 1-3-97 per Public Resources
Code section 40502(c) or emergency language will be repealed by operation of
law on the following day.
9. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tion (d)(3)(A), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97,
No. 7).
§ 18735. Recycling Component Specific Requirements.
The Recycling Component shall include the requirements contained
in sections 18733.1 through 18733.6 and 18735.1 through 18735.5 of
this Article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41070 and 41370, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operafive 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1 -3-94 (Register
94, No.l ). A Certificate of Compliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Comphance as to 1-3-94 order transmitted to OAL 1 2-3 1-96 and
filed 2-13-97 (Register 97, No. 7).
§ 1 8735.1 . Recycling Component Objectives.
A statement of market development objectives to be achieved in the
short-term and medium-term planning periods shall be included in the
goals and objectives section of the recycling component, as required by
sections 41074 and 41374 of the Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41070-41074 and 41370-41374, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operafive 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operafion of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readopfion of 7-6-90 emergency regulafions approved by OAL
11-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 91,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-1 7-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed I -3-94 as an emergency; operative 1 -3-94 (Register
94, No.l ). A Certificate ofCompliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order transmitted to OAL 12-3 1-96 and
filed 2-1 3-97 (Register 97, No. 7).
§ 18735.2. Recycling Component Program Existing
Conditions Description.
The description of the existing recycling program shall include, but
not be limited to, a description of existing private and public recycling
activities, local market development activities, including any govern-
ment procurement programs, economic development activities, consum-
er incentives, and education programs conducted within the jurisdiction.
NotE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
nons 41070 and 41370, Public Resources Code.
History
1 . New secfion filed 3-1 9-90 as an emergency; operative 3-1 9-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior histoi7 see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readopfion of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 9 1 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order, including amendment of fu-st
paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Amendment of Note filed 1 -3-94 as an emergency; operafive 1 -3-94 (Register
94, No.l). A Certificate ofCompliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate ofCompliance as to 1 -3-94 order transmitted to OAL 1 2-3 1 -96 and
filed 2-13-97 (Register 97, No. 7).
§ 18735.3. Evaluation of Recycling Program Alternatives.
Each jurisdiction shall analyze the recycling diversion alternatives af-
fecting residential, commercial, and industrial wastes. The analysis shall
take into account existing recycling programs and their possible expan-
sion in addition to the areas of concern specified in section 1 8733.3 of this
Article.
(a) The alternatives shall include, but not be limited to, the following
methods for accomplishing separation of the recyclable materials from
the waste stream:
(1) separation of recyclable materials at the source of generation, in-
cluding curbside and mobile collecfion systems;
(2) drop-off recycling centers;
(3) buy-back recycling centers;
(4) manual material recovery operations;
(5) mechanized material recovery operations that produce a product
which has a market; and
(6) salvage at solid waste faciUties.
(b) The jurisdiction shall consider changing zoning and building code
practices to encourage recycling of solid wastes, such as, rezoning to al-
low siting of a drop-off recycling center in residential neighborhoods or
revising building codes to require adequate space be allotted in new con-
struction for interim storage of source-separated materials.
(c) The jurisdiction shall consider changing existing rate structures to
encourage recycling of solid wastes.
(d) The jurisdiction shall consider the methods which it will use to in-
crease the markets for recycled materials, including, but not limited to,
Page 806.105
Register 97, No. 7; 2-14-97
§ 18735.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
changing governmenlal procurement programs to promote market devel-
opment by giving purchase preferences to recycled products or otherwise
specifying their use.
(e) The jurisdiction shall encourage handling methods which preserve
the integrity of recovered materials so that they remain usable raw mate-
rials for manufacturers of recycled content products. For this purpose, the
Jurisdiction shall consider the extent to which separation of recyclable
materials from waste can be performed as close to the point of generation
as possible.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900(d), 41073 and 41375, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83^, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1 -6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Editorial correction of printing error in first paragraph (Register 91, No. 31).
7. Certificate of Compliance as to 2-15-91 order, including amendment of first
paragiaph and subsection (d), transmitted to OAL 4-29-91 and filed 5-29-91
(Register91,No. 37).
8. Amendment of first paragraph and NOTE filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be trans-
mitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and
filed 2-13-97 (Register 97, No. 7).
§ 18735.4. Selection of Recycling Program.
(a) The recycling component shall identify the end markets or end us-
ers which will be secured during the short-term period, for the materials
collected. In the event that such markets cannot be identified, the compo-
nent shall describe the methods by which the jurisdiction will secure the
necessary markets.
(1) The identification of markets may be described in general terms.
(2) Planned development of markets at manufacturing facilities in the
jurisdiction shall also be described.
(b) The Recycling Component shall describe the measures to be taken
if uneconomical market conditions or other unfavorable conditions occur
which are beyond the jurisdiction's control and which would prevent the
jurisdiction from satisfying the requirements of sections 41780 and
41780.1 of the Public Resource Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41074, 41374, 41780 and 41780.1, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Editorial correction of printing error in first paragraph (Register 91, No. 31).
7. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tion (b), transmitted to OAL 4-29-91 and filed .5-29-91 (Register91, No. 37).
8. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be trans-
mitted to OAL by 1 -3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tion (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 18735.5. Recycling Program Implementation.
The recycling program shall denote actions planned to deter unautho-
rized removal of recyclable materials which would adversely affect the
recycling program's effectiveness.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41070 and 41370, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). ACertificateof Compliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section n346.1(e) (Register 91, No. 13).
5. New secfion refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register
94, No.l ). A Certificate of Compliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8 . Certi ficate of Compliance as to 1 -3-94 order transmitted to OAL 1 2-3 1 -96 and
filed 2-13-97 (Register 97, No. 7).
§ 18736. Composting Component Specific Requirements.
The Composting Component shall include the requirements contained
in sections 18733.1 through 18733.6 and 18736.1 through 18736.4 of
this Article.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41200 and 41400, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Secfion repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5 . New section refi led 2- 1 5-9 1 as an emergency ; operative 2- 1 5-9 1 (Register 9 1 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1 -3-94 as an emergency; operative 1-3-94 (Register
94, No.l). A Certificate of Compliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operafion of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 12-31-96 and
filed 2-13-97 (Register 97, No. 7).
Page 806.106
Register 97, No. 7; 2-14-97
Title 14
California Integrated Waste Management Board
§ 18736.4
§ 18736.1. Composting Component Objectives.
A statement of market development objectives to be achieved in the
short-term and medium-term planning periods shall be provided in the
Composting Component, as required by sections 41204 and 41404 of the
Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41200, 41204, 41400 and 41404, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11 346. 1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of NOTE filed 1-3-94 as an emergency; operative 1 -3-94 (Register
94, No.l ). A Certificate of Compliance must'be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including additional amendment
of NOTE, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18736.2. Composting Component Program Existing
Conditions Description.
The description of the existing composting program shall include, but
not be limited to, a description of existing local market development acti-
vities, including any government procurement programs, economic de-
velopment activities, or consumer incentives conducted within the juris-
diction.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41200 and 41400, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register
94, No.l). A Certificate of Compliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order transmitted to OAL 1 2-3 1-96 and
filed 2-13-97 (Register 97, No. 7).
§ 18736.3. Evaluation of Composting Program
Alternatives.
(a) Composting program alternatives that qualify toward achievement
of the diversion mandates specified in sections 41780 and 41780.1 of the
ll^iblic Resources Code shall include only those alternatives whose prod-
ucts result from the controlled biological decomposition of organic
wastes that are source separated from the inunicipal solid waste stream
or separated at a centralized waste processing facility.
(b) Composting alternatives do not include composting of solid waste
at the site of generation by the generator, since such an alternative consti-
tutes a source reduction method.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41201, 41202, 41401, 41402, 41780 and 41780.1, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-1 9-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-9 1 (Register 91 , No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operative 1-3-94 (Register
94, No.l ). A Certificate ofCompliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including amendment of subsec-
tion (a) and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 18736.4. Selection of Composting Program.
(a) The Composting Component shall identify the end markets or end
use which will be secured during the short-term period for the materials
composted, using the selected program. In the event that such markets
cannot be firmly identified, the component shall describe the methods by
which the jurisdiction will secure the necessary markets. The identiflca-
tiori of markets may be described in general terms. Planned development
of markets at manufacturing facilities in the jurisdiction shall also be de-
scribed.
(b) The Composting Component shall describe the measures to be tak-
en if uneconomical market conditions occur beyond the jurisdiction's
control, which would prevent the jurisdiction from satisfying the require-
ments of sections 41780 and 41780.1 of the Public Resource Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41200, 41204, 41400, 41404, 41780 and 41780.1, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (b) and Note filed 1-3-94 as an emergency; opera-
tive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be trans-
mitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including additional amendment
of subsection (b) and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
Page 806.107
Register 97, No. 7; 2-14-97
§ 18737
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§18737. Special Waste Component.
The Special Waste Component shall include the requirements con-
tained in sections 18733.1 through 18733.6 and 18737.1 and 18737.2 of
this article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900(c), 41250 and 41450, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergencv language will be repealed on 7- 1 7-90. For prior history see
Registers 89, No.'l and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance inust be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial conection of Certificate of Compliance due date in History 2 (Regis-
ter 9 1, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 9L No. 37).
7. Amendment of Note filed 1-3-94 as an emergency; operafive 1 -3-94 (Register
94, No.l). A Certificate of Compliance must be transmitted to OAL by 1-3-97
per Public Resources Code section 40502(c) or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 1 -3-94 order transmitted to OAL 1 2-3 1-96 and
filed 2-13-97 (Register 97, No. 7).
§ 1 8737.1 . Special Waste Component Objectives.
For the initial SRRE each jurisdiction shall examine and select Special
Waste Component objectives based upon data generated in the Solid
Waste Generation Study, conducted pursuant to section 1 8722, of Article
6.1 of this chapter. The objectives shall include a plan to reduce the haz-
ard potential of special wastes by waste type.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900(c), 41250 and 41450, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operafive 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14—90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and Note filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No.l). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 per Public Resources Code secfion 40502(c) or emergency
language will be repealed by operation of law on the following day.
8 . Certi ficate of Compliance as to 1 -3-94 order transmitted to OAL 1 2-3 1 -96 and
filed 2-13-97 (Register 97, No. 7).
§ 18737.2. Special Waste Component Existing Conditions
Description.
(a) The description of the existing special waste program shall include,
but not be linriited to, a description of existing solid waste facilities which
are permitted to handle or dispose of special wastes. Where applicable,
the description shall include a discussion of other regulatory agency re-
quirements, permits, or other documents associated with the operation of
these facilities.
(1) regulatory agencies include, but are not liinited to, regional water
quality control boards, air quality management districts, and the Depart-
ment of Toxics Substances Control.
(b) For the initial SRRE the jurisdiction shall provide a discussion on
those special wa.stes identified in the Waste Generation Study conducted
pursuant to section 18722. of At tide 6.1 of this Chapter for which there
is currently no permitted handling or disposal method within the jurisdic-
tion.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fions 41250 and 41450, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correctionof Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New secfion refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (a)(l)-(b) and Note filed 1-3-94 as an emergency;
operafive 1-3-94 (Register 94, No.l). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 per Public Resources Code secfion 40502(c) or
emergency language will be repealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including additional amendment
of subsecfion (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 18738. Household Hazardous Waste Component Specific
Requirements.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Secfions 40900(c), 41280 and 41480, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior histoid see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operafion of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in HISTORY 2 (Reg-
ister 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of secfion
18738, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§ 18738.1. Household Hazardous Waste Component
Objectives.
NOTE: Authority cited: Secfions 40502 and 41 824, Public Resources Code. Refer-
ence: Secfions 40900(c), 41280 and 41480, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in HISTORY 2 (Reg-
ister 91, No. 13).
Page 806.108
Register 97, No. 7; 2-14-97
Title 14
California Integrated Waste Management Board
§ 18740
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
] 1-6-90 but never filed with Secretary of Stale. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 9 1 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of secfion
18738.1, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91. No. 37).
§ 18738.2. Household Hazardous Waste Existing
Conditions Description.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41280 and 41480, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83", No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Reg-
ister 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1.5-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section
18738.2, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§ 18738.3. Evaluation of Household Hazardous Waste
Program Alternatives.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 40900(c), 41280 and 41480, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate of CompUance due date in HISTORY 2 (Reg-
ister 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of secfion
18738.3, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§ 18738.4. Selection of Household Hazardous Waste
Program.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Secfions 40900(c), 41280 and 41480, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89 ."No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in HISTORY 2 (Reg-
ister 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New secfion refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section
18738.4, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§ 18738.5. Implementation of Household Hazardous Waste
Programs.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Secfions 41280 and 41480, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90.
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in HISTORY 2 (Reg-
ister 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 9 1 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including repeal of section
18738.5, transmitted to OAL 4-2-91 and filed 5-29-91 (Register 91, No. 37).
§ 18740. Education and Public Information Component.
(a) Component objectives. The Education and Public Information
Component shall include a statement of educational and informational
objectives for the short-term and medium-term planning periods.
(b) Existing program description. The component shall include a de-
scription of all existing educational and public information programs and
activities within the jurisdiction which promote source reduction, recycl-
ing, composting, and the safe handling and disposal of solid waste.
(c) Selection of program alternatives. For the initial SRRE the compo-
nent shall incorporate data compiled in the solid waste generation study
conducted pursuant to Article 6.1 and the solid waste generation analysis
of section 18732 of this Article to identify solid waste generators that will
be targeted in educational and public information programs.
(d) Program implementation. The component shall include a program
implementation discussion which:
(1 ) identifies those agencies or divisions thereof, organizations, and/or
persons responsible for implementation;
(2) identifies required implementation tasks;
(3) establishes short-term and medium-term implementation sched-
ules for tasks;
(e) Monitoring and evaluation. For each education and public informa-
tion component program which involves recycling or composting pro-
grams that are operated or funded by a jurisdiction, the component shall:
( 1 ) identify the methods to be used to measure achievement of the edu-
cation and public information objectives identified pursuant to section
(a), above;
(2) establish written criteria by which to evaluate program effective-
ness;
(3) identify agencies or divisions thereof, organizations, and/or per-
sons responsible for program monitoring, evaluation, and reporting;
(4) identify measures to be implemented if monitoring performed pur-
suant to section 18733.6(a) of this Article shows a shortfall in the attain-
ment of the solid waste diversion objectives; and
(5) establish a program monitoring and reporting schedule.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 40901, 41220 and 41420, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operafive 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
Page 806.109
Register 97, No. 7; 2-14-97
§ 18744
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section J 1346. 1(e) (Register 91. No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-9 1 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section and NOTC filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No.l). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 per Public Resources Code section 40502(c) or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tion (e), transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18744. Facility Capacity Component.
(a) For the initial SRRE the Solid Waste Facility Capacity Component
shall identify and describe all existing permitted solid waste landfills and
transformation facilities within the jurisdiction. This description shall
contain the following:
(1) identification of the owner and operator of each permitted solid
waste disposal facility;
(2) quantity and waste types of solid waste disposed;
(3) permitted site acreage;
(4) permitted capacity;
(5) current disposal fees; and
(6) for solid waste landfills, remaining facility capacity in cubic yards
and years.
(b) The Solid Waste Facility Capacity Component shall include a solid
waste disposal facility needs projection which estimates the additional
disposal capacity, in cubic yards per year, needed to accommodate antici-
pated solid waste generation within the jurisdiction for a 15-year period
commencing in 1991.
(1) The solid waste disposal capacity needs projection for the initial
SRRE shall be calculated based upon the solid waste generation projec-
tion conducted in accordance with section 18722, of Article 6.1 of this
Chapter.
(2) The disposal capacity needs projection for the 1 5 year period shall
be calculated using the following equation:
ADDITIONAL CAPACITY
Yearn=[(G + I)-(D-hTC-hLF + E)] Yearn
where:
G = The amount of solid waste projected to be generated in the juris-
diction;
I = The amount of solid waste which is expected to be imported to the
jurisdiction for disposal in permitted solid waste disposal facilities
through interjurisdictional agreement(s) with other cities or counties, or
through agreements with solid waste enterprises, as defined in section
40193 of the Public Resources Code.
D = The amount diverted through successful implementation of pro-
posed source reduction, recycling, and composting programs.
TC = The amount of volume reduction occurring through available,
permitted transformation facilities.
LF = The amount of permitted solid waste disposal capacity which is
available for disposal in the jurisdiction, of solid waste generated in the
jurisdiction.
E = The amount of solid waste generated in the jurisdiction which is
exported to solid waste disposal facilities through interjurisdictional
agreement(s) with other cities, counties or states, or through agreements
with solid waste enterprises, as defined in section 401 93 of the Public Re-
sources Code.
n = each year of a 15 year period commencing in 1991. [iterative in one
year increments]
(c) The Solid Waste Facility Capacity Component shall include dis-
cussions of:
(1) The solid waste disposal facilities within the jurisdiction which
will be phased out or closed during the short-term and medium-term
planning periods and the anticipated effect from such phase-out or clo-
sure on disposal capacity needs of the jurisdiction.
(2) Plans to establish new or expanded facilities for the short-term and
medium-term planning periods and the projected additional capacity of
each new or expanded facility.
(3) Plans to export waste to another jurisdiction for the short-term and
medium-term planning periods and the projected additional capacity of
proposed export agreements.
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 41260, 41460 and 41821, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency languace will be repealed on 7-1 7-90. For prior history see
Registers 89, No. 1 and 83^, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary' of State. Secfion repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-9 1 (Register 91 ,
No. 13). A Certificate of Compliance must be transinitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order, including amendment of subsec-
tions (b) and (c). transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91 ,
No. 37).
7. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No.l). A Certificate of CompUance must be
transmitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or
emergency language will be repealed by operation of law on the following day.
8. Certificate ofCompliance as to 1-3-94 order, including additional amendment
of section heading and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No.''7).
§18746. Funding Component.
(a) The Funding Component shall demonstrate that there is sufficient
funding and allocation of resources for:
(1) program planning and development;
(2) implementation of programs in order to comply with the require-
ments of sections 41780 and 41780.1 of the Public Resources Code.
(b) The Funding Component shall provide cost estimates for compo-
nent programs scheduled for implementation in the short-term planning
period.
(1) The Funding Component shall identify revenue sources sufficient
to support the component programs.
(2) The Funding Component shall identify sources of contingency
funding for component programs.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41230, 41430, 41780 and 41780.1, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operafion of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsection (a)(2) and NOTE filed 1-3-94 as an emergency; op-
erative 1-3-94 (Register 94, No.l). A Certificate ofCompliance must be trans-
mitted to OAL by 1-3-97 per Public Resources Code section 40502(c) or emer-
gency language will be repealed by operation of law on the following day.
Page 806.110
Register 97, No. 7; 2-14-97
Title 14
California Integrated Waste Management Board
§ 18751.2
•
8. Certificate of Compliance as to 1-3-94 order, including additional ainendmeni
of subsection (a)(2) and Note, transmitted toOAL 12-3 1-96 and filed 2-13-97
(Register 97, No. 7).
§18748. Integration Component.
(a) The Integration Component shall explain how the Source Reduc-
tion, Recycling, Composting, and Special Waste components combine
to achieve the 25 and 50 percent mandates specified in Public Resources
Code sections 41780 and 41780.1. The Integration component shall in-
clude, but is not limited to, the following:
(1) a description of the solid waste management practices which fulfill
the legislative goals of promoting integrated solid waste management in
the following order of priority.
(A) source reduction;
(B) recycling and composting; and
(C) environmentally safe transformation and environmentally safe
land disposal of sohd wastes;
(2) an explanation of how the jurisdiction has integrated the compo-
nents to maximize the use of all feasible source reduction, recycling and
composting options;
(3) an explanation of how the components jointly achieve the diver-
sion mandates in sections 41780 and 41780.1 of the Public Resources
Code;
(4) an explanation of how priorities between components were deter-
mined, and
(5) an explanation of whether the jurisdiction has been designated, or
plans to apply for designation, as a California Integrated Waste Manage-
ment Board Recycling Market Development Zone.
(b) An integrated schedule shall be submitted in the Integration Com-
ponent which shall include the following:
(!) a calendar scheduling all implementation tasks for new and expan-
ded programs, commencing after the effective date of the Integrated
Waste Management Act of 1989 through the short-term planning period,
as identified in the components specified in sections 18733(a) and 18740
of this Article. The schedule shall include a short descriptive title for each
task, the entity implementing the task, the task start date and milestone
dates, and a schedule for funding source availability.
(A) implementation tasks are those tasks in each component which sat-
isfy the requirements of sections 18733.5(b) and 18740(d) of this Article.
(2) the schedule shall also show the anticipated date of achievement
of the solid waste diversion mandates specified in sections 41780 and
41780.1, Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 4005 1 , 40052, 41001 , 41002, 41301 , 41302, 41 780 and 41780. 1, Public Re-
sources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 7-17-90. For prior history see
Registers 89, No. 1 and 83, No. 6.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (a), (a)(1), (a)(3) and Note and new subsection
(a)(5) filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.l). A
Certificate of Compliance must be transmitted to OAL by 1-3-97 per Public
Resources Code section 40502(c) or emergency language will be repealed by
operation of law on the following day.
8. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tions (a), (a)(3)-(5) and (b)(2), transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
Article 6.3. Household Hazardous
Waste Elements
§18750. Scope.
The Household Hazardous Waste (HHW) Element shall specify the
means by which each jurisdiction required to prepare and implement a
HHW Element shall safely collect, recycle, treat and dispose of house-
hold hazardous wastes generated by households within the jurisdiction.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
1 . New section filed 4-30-92; operative 4-30-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 19).
§ 1 8751 . Household Hazardous Waste Element Specific
Requirements.
The Household Hazardous Waste Element shall include the require-
ments contained in sections 18751.1 through 18751.6 of this Article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
1 . New section filed 4-30-92; operative 4-30-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 19).
§ 1 8751 .1 . Household Hazardous Waste Element Goals
and Objectives.
The HHW Element shall include statements which define the goals
and objectives for the short-term and medium-term planning periods.
(a) HHW Element goals and objectives shall be consistent with the
mandates of section 4005 1 of the Public Resources Code.
(b) Each jurisdiction shall examine and select household hazardous
waste element goals and objectives based upon data generated in the Sol-
id Waste Generation Study, conducted pursuant to section 18722, of Ar-
ticle 6.1 of this Chapter. The objectives shall include plans to source re-
duce and safely collect, recycle, treat and dispose of household
hazardous waste generated within the jurisdiction.
(c) The HHW Element shall specify the time frame for achievement
of each objective.
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 40051, 41500 and 41510, Public Resources Code.
History
1. New section filed 4-30-92; operative 4-30-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 19).
§ 1 8751 .2. Household Hazardous Waste Existing
Conditions Description.
All public agencies responsible for household hazardous waste
(HHW) management must complete and submit either the CIWMB
(Board) Form CIWMB 303a (1/06) entitled "Lead Agency Form 303a
Household Hazardous Waste Collection Information For Fiscal Year
/ or Form CIWMB 303b (1/06) entitled "Non-Lead Agency
Form CIWMB 303b Household Hazardous Waste Collection Informa-
tion For Fiscal Year I ", to the Board each year. Both forms are
incorporated herein by reference and are located in Appendix A. Com-
mencing with reports for Fiscal Year 2006/2007, Forms CIWMB 303a
and CIWMB 303b shall be completed and submitted electronically to the
Department of Toxic Substances Control each year, or, upon request to
the CIWMB, the public agency may be exempted from filing electroni-
cally, and instead complete and submit a hard copy of either Form
CIWMB 303a or CIWMB 303b. Form CIWMB 303a provides a descrip-
tion of the existing household hazardous waste program identifying the
types and quantities of household hazardous wastes that are currently
collected, reused, recycled, treated and/or otherwise managed and/or dis-
posed through existing programs. Form CIWMB 303b provides only
cotitact information for a non-lead agency, and provides, if applicable,
for the types and quantities of universal waste collected and recycled by
a non-lead agency.
Page 806.111
Register 2007, No. 15; 4-13-2007
§ 18751.2.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
The following are requirements for submitting Forms CIWMB 303a
or CTWMB 303b:
(a) The reporting timeframe shall be July 1 of the previous fiscal year
through June 30 of the current fiscal year, with the form required to be
returned to the state by the first of October each year.
(b) The forms must be completed, to the extent applicable, whether or
not waste was collected by a jurisdiction. If a public agency is not the lead
agency collecting waste through a HHW program or a waste collection
program was not conducted by their jurisdiction, only Form CIWMB
303b must be completed and submitted to the CIWMB.
(c) Each public agency acting as lead agency for Household Hazard-
ous Waste collection must complete and submit one Form CIWMB 303a
that includes all HHW program types including, but not limited to, per-
manent, temporary, recycle only, mobile, door-to-door, curbside (other
than oil), and with a category designated as "Other" for additional pro-
gram type identification.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and
47103, Public Resources Code.
History
1 . New section filed 4-30-92; operative 4-30-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 19).
2. Amendment of subsection (a)(1) filed 6-14-93; operative 7-14-93 (Register
93, No. 25).
3. Amendment of subsection (a)(1) and Note filed 9-6-95; operative 10-6-95
(Register 95, No. 36).
4. Change without regulatory effect amending subsection (a)(1) filed 4-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
14).
5. Amendment filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
§18751.2.1.
The following terms used in this Article are defined as follows:
(a) Program types listed in Section 18751.2(c) are defined in Health
and Safety Code 25218.1;
(b) With the exception of electronic waste, waste types listed in Sec-
tion F of Form CIWMB 303a are defined in 49 Code of Federal Regula-
tions Section 172.101, and
(c) Management Methods listed in Section F of Form CIWMB 303a
have the following definitions:
(1) Destructive Incineration — treatment by thermal destruction at a
high temperature hazardous waste incinerator where the physical de-
struction is the sole intent of the treatment process.
(2) Fuel Incineration — treatment by thermal destruction where the
waste, either by itself or blended with another material, is burned to re-
cover its potential thermal energy.
(3) Landfill — disposal of a waste in the ground (and in this case) at
a hazardous waste landfill.
(4) Neutralization — treatment by chemically adjusfing the pH of the
waste so that the waste can be discharged into a publicly owned treatment
works (does not apply if after neutralization, the waste is still hazardous
and is sent for disposal or treatment by one of the other methods).
(5) Recycled — waste is sent for resource recovery where the raw ma-
terials used for making the material before it became a waste are recoverd
to make new materials of the same or different nature (does not include
fuel incineration).
(6) Reused — waste is used without further treatment or handling for
the original intended purpose of the material before it became a waste.
(7) Stabilization — treatment where waste is chemically stabilized
into a solid or semi-solid state such that it no longer exhibits hazardous
characteristics and can be managed as non-hazardous waste (does not
apply if after stabilization, waste is still hazardous and is sent for disposal
or treatment by one of the other methods described here).
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
252 1 8. 1 0, Health and Safety Code. Reference: Sections 4 1 500, 41 5 1 0, 41 750 and
47103, Public Resources Code.
History
1. New section filed 4-13-2007; operafive 5-13-2007 (Register 2007, No. 15).
§ 1 8751 .3. Evaluation of Household Hazardous Waste
Program Alternatives.
The HHW Element shall include an evaluafion of the Program alterna-
fives which have been considered for local implementation consistent
with the objectives of section 18751.1 of this Article, including but not
limited to the following:
(a) Program alternatives including, but not limited to:
(1) collection alternatives, as follows:
(A) periodic community-wide, or neighborhood household hazardous
waste collection;
(B) permanent household hazardous waste drop-off sites;
(C) mobile household hazardous waste collection; and
(D) local activities, acfions or efforts to encourage the formation of pri-
vately or publicly operated fee-for-service, door-to-door, or curbside
household hazardous waste collection altemadves.
(2) load-checking programs for household hazardous waste at all solid
waste management facilities; and
(3) waste exchange, reuse and/or recycling alternatives for household
hazardous wastes including, but not limited to, alternatives for waste oils,
paints, and batteries.
(b) Each alternative considered shall be evaluated in terms of the fol-
lowing criteria and any other local considerations:
( 1 ) hazards, as defined by Section 1 8720(a)(26) of this Chapter, which
are created by the alternative considered;
(2) abiUty to accommodate changing economic, technological, and so-
cial conditions;
(3) whether it can be implemented in the short-term and medium-term
planning periods; and
(4) the need for expanding existing facilities or constructing new faci-
hties to support implementation of the alternative.
(5) In addition, the evaluation shall include, but not be limited to, the
following:
(A) a discussion of the consistency of each alternative with applicable
local policies, plans, and ordinances based upon local conditions;
(B) a discussion of any institutional barriers to local implementafion
of each alternative;
(C) an estimate of the costs related to the implementation of each alter-
native being evaluated for the short-term and medium-term planning pe-
riods; and
(D) a discussion of the availability of local, regional, state, national,
and international end-uses for the materials which would be diverted
through implementation of each alternative being considered.
(6) effectiveness in reducing either the volume or weight of HHW gen-
erated.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
1. New section filed 4—30-92; operative 4-30-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 19).
§ 1 8751 .4. Selection of Household Hazardous Waste
Program.
(a) The HHW element shall identify and describe the diversion alter-
natives which have been selected for the jurisdiction's HHW program,
including existing diversion alternatives, expansion of existing diversion
alternatives, and new diversion alternatives, which will be implemented
to meet the goals and objectives of the element. This selection shall be
based upon the evaluations conducted pursuant to section 1 875 1 .3 of this
Article. The program description shall include, but not be limited to, the
following:
(1) a discussion of each diversion alternative selected for the program
identifying why the altemafive was selected for implementation. This
discussion shall be based upon the data compiled in the solid waste gener-
ation study conducted pursuant to Article 6.1, of this Chapter; informa-
tion contained in the solid waste generation analysis required by section
18732 of Article 6.2; and the evaluafion conducted pursuant to secfion
18751.3 of this Article.
Page 806.112
Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18751.5
(2) as applicable lo the elemenl, a listing of the anticipated local, re-
gional, state, national, and/or international end-uses for diverted materi-
als based upon the evaluation of the diversion alternatives required by
section 1 875 1 .3(b)(5)(D) of this Article;
(3) as applicable to the element, a description of the proposed methods
for handling and disposal which may be necessary to implement the se-
lected program; and
(4) a description of any facilities to be utilized for the implementation
of the program which section 18751.2 of this Article has shown must be
expanded or built to support implementation of the selected program
identified in Section 18751.3 of this Article.
(b) In addition to the above requirements, the program description
shall include the following:
(1) an identification of the types and quantities of household hazard-
ous wastes anticipated to be collected, recycled, and/or disposed through
proposed programs using household hazardous waste categories con-
tained in form CIWMB-303 "Household Hazardous Waste Collection
Information for Fiscal Year / " (5/95), which is incorporated herein
by reference (See Appendix A.):
(A) where applicable, specification of the targeted Public participation
goals by Percent of the Population of the affected jurisdiction for each
Preferred program alternative;
(2) a description of recycling and/or reuse efforts to be used in con-
junction with a proposed household hazardous waste program;
(3) a description of all proposed cooperative and/or multi-jurisdic-
tional household hazardous waste program implementation efforts/ac-
tions/activities in which the jurisdiction intends to participate.
NOTE: Authority cited: Section 40502, Public Resources Code and Section
2521 8.10, Health and Safety Code. Reference: Sections 41500, 41510. 41750 and
47103, Public Resources Code.
History
1. New section filed 4-30-92; operative 4-30-92 pursuant to Govemment Code
section 1 1346.2(d) (Register 92, No. 19).
2. Amendment of subsection (b)(1) filed 6-14-93; operative 7-14-93 (Register
93, No. 25).
3. Amendment of subsection (b)(1) and NOTIZ filed 9-6-95; operative 10-6-95
(Register 95, No. 36).
4. Change without regulatory effect amending subsection (b)(1) and moving form
to section 18831,appendix A filed 4-2-96 pursuant to section 100, title l,Cali-
fomia Code of Regulations (Register 96, No. 14).
§ 18751.5. Implementation of Household Hazardous Waste
Program.
(a) The element shall contain a program implementation schedule that
includes, but is not limited to, the following:
(1) identification of govemment agencies and divisions thereof, orga-
nizations, and/or persons responsible for implementation of the selected
program;
(2) identification of the tasks necessary to implement the selected pro-
gram; and,
(3) identification of a short-term and medium-term planning period
implementation schedule addressing each task identified in paragraph
(a)(2) of this section which specifies the date each task will be completed.
(b) The jurisdiction may use technical assistance, program guidelines,
and model operation plans, provided by the Board, for community house-
hold hazardous waste collection programs in the implementation of its
household hazardous waste program.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500, 41510, 47100 through 47106, and 41750, Public Resources Code.
History
1. New section filed 4-30-92; operative 4-30-92 pursuant to Govemment Code
section 11346.2(d) (Register 92, No. 19).
[The next page is 806. 11 3.
Page 806.112(a)
Register 2(X)7, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18752
§ 1 8751 .6. Monitoring and Evaluation.
The element shall contain an explanation of how the program is to be
monitored and evaluated as follows:
(a) identify the methods chosen from (b) of this section, which are be-
ing used to monitor achievement of the jurisdiction's objectives, as de-
scribed in Section 18751.1, including but not limited to, the success in
reducing or eliminating household hazardous waste.
(b) each jurisdiction shall use one or more of the following methods
to monitor and evaluate the diversion objectives achieved within the ju-
risdiction:
(i) a Waste Generation Study consistent with the waste generation
study prepared under section 18722, of Article 6.1 of this Chapter;
(2) targeted solid waste characterization studies involving all or a rep-
resentative sample of solid waste landfill facilities, used by a jurisdiction,
to measure changes in the volume, weight and hazard of specific materi-
als, with adjustments or shifts in household hazardous waste generation
resulting from source reduction;
(3) an assessment of any changes in the design, production, distribu-
tion, sale, and/or use of selected products and packages which affect
household hazardous waste generation;
(4) monitoring of accurately maintained records of the volumes and
types of HHW collected; or
(5) another method for which prior written approval has been given by
the Board.
(c) Each jurisdiction shall provide the following information based
upon the specific monitoring and evaluation methods selected for each
program:
(1) written criteria for evaluating the program's effectiveness;
(2) identification of agencies or divisions thereof, organizations, and/
or persons responsible for the program's monitoring, evaluation, and re-
porting;
(3) identification of known monitoring and evaluation funding re-
quirements, revenues, and revenue sources; and
(4) identification of measures to be implemented if monitoring shows
a shortfall in the attainment of the objectives of the element. Such mea-
sures may include, but are not limited to, provisions for:
(A) increasing the frequency of program monitoring and review,
(B) modification of the objectives, or,
(C) modification of the Program to increase its effectiveness.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
] . New section filed 4-30-92; operative 4-30-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 19).
§ 18751.7. Education and Public Information.
(a) Objectives. The education and public information section of the
element shall include a statement of educational and informational objec-
tives for the short-term and medium-term planning periods.
(b) Existing program description. A description of all known existing
educational and public information programs and activities within the ju-
risdiction which promote the source reduction, reuse, recycling and safe
disposal of household hazardous waste shall be included.
(c) Identification of Preferred Alternatives. The public information
and education section shall list the preferred alternatives both existing
and proposed which will be maintained or implemented in the short and
medium term Planning Periods to achieve the objectives of this section.
(d) Program implementation. A program implementation discussion
which includes the following shall be submitted:
(1) identification of community audiences to be targeted in education-
al and public information programs;
(2) identification of those agencies or divisions thereof, organizations,
and/or persons responsible for implementation;
(3) identification of the required implementation tasks;
(4) short-term and medium-term implementation schedules for tasks
listed in (3) above;
(5) identification of all public and private program implementation
costs, revenues, and revenue sources necessary for program implementa-
tion; and,
(6) public information and education alternatives to promote the use
of safer substitute products or practices in households.
(e) Monitoring and evaluation. The section shall:
( 1 ) identify the methods to be used to measure achievement of the edu-
cation and public information objectives identified pursuant to section
(a), above;
(2) establish written criteria by which to evaluate program effective-
ness;
(3) identify agencies or divisions thereof, organizations, and/or per-
sons responsible for program monitoring, evaluation, and reporting;
(4) identify monitoring and evaluation funding requirements, reve-
nues, and revenue sources;
(5) identify measures to be implemented if monitoring performed pur-
suant to section J 8751 .6(a) of this Article shows a shortfall in the attain-
ment of the household hazardous waste disposal objectives; and
(6) establish a program monitoring and reporting schedule.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
1. New section filed 4—30-92; operative 4-30-92 pursuant to Government Code
section 1 1 346.2(d) (Register 92, No. 19).
§18751.8. Funding.
(a) The jurisdiction shall demonstrate that there is sufficient funding
and allocation of resources for:
(1) program planning and development;
(2) implementation of programs in order to comply with the require-
ments of sections 41500 and 41510 of the Public Resources Code.
(b) The funding section shall provide cost estimates for element pro-
grams scheduled for implementation in the short-term planning period,
as follows:
(1) The funding section shall identify revenue sources sufficient to
support the element programs.
(2) The funding section shall identify sources of contingency funding
for element programs in the event that preferred revenue resources are
insufficient.
(c) The funding section shall include a table which summarizes Pro-
gram implementation costs, including public and private costs, revenues,
and revenue sources necessary for implementation of the selected pro-
gram.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41500 and 41510, Public Resources Code.
History
1. New section filed 4—30-92; operative 4-30-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 19).
Article 6.4. Nondisposal Facility Element
§18752. Scope.
(a) The Nondisposal Facility Element (NDFE) shall identify the non-
disposal facilities to be used by a jurisdiction to assist in reaching the di-
version mandates of Public Resources Code Section 41780.
(b) The NDFE shall include the items identified in Sections 18752
through 18754.5 of this chapter.
(c) For the purpose of this Article, a nondisposal facility is any solid
waste facility required to obtain a permit pursuant to Article 1 (commenc-
ing with Section 44001) Chapter 3, Part 4 of the Public Resources Code,
except a disposal facility or a transformation facility.
(d) The NDFE shall reflect information available to a jurisdiction at the
time of the development of the document. The NDFE may also contain
additional information as determined by a jurisdiction.
(e) A jurisdiction may include other faciUties not defined as nondispo-
sal facilities (i.e. recycling centers, drop-off centers, household hazard-
ous waste facihties, etc.).
Page 806.113
Register 2001, No. 26; 6-29-2001
§ 18753
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(f) For the purpose of this Article, a jurisdiction is a city, county, city
and county, or regional agency.
NOTE: Authority cited: Seel ion 40302, Public Resources Code. Reference: Sec-
tions 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
History
1. New article 6.4 and section filed 1-3-94 as an emergency; operative 1-3-94
(Register 94, No. 1 ). A Certificate of Compliance must be transmitted to OAL
by 1-3-97 per Public Resources Code section 40502(c) or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section
and NOTiE, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No.
7).
§ 18753. Description of Nondisposal Facilities within a
Jurisdiction.
The NDFE shall identify all existing, expansion of existing, and pro-
posed nondisposal facilities located within a jurisdiction which recover
for reuse or recycling at least five percent of the total volume of material
received by the facility.
(a) Each facility description shall include, but is not limited to:
(1) type of facility;
(2) facility capacity;
(3) anticipated diversion rate or expected diversion rate from the total
amount of the waste that the facility receives; and,
(4) participating jurisdictions.
(b) Each facility location description may include, but is not limited
to:
(1) address of the facility; or,
(2) description of the general area, (include a land use map, zoning
map, or other type of planning map).
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41730, 41731, 417.32, 41733 and 41750.1, Public Resources Code.
History
1 . New section tiled 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
1). A Certificate of Compliance must be transmitted to OAL by 1-3-97 per Pub-
lic Resources Code section 40502(c) or emergency language will be repealed
by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section
heading, section and NOTIE, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§ 18753.5. Description of Nondisposal Facilities outside a
Jurisdiction.
The NDFE shall identify all existing, expansion of existing, and pro-
posed nondisposal facilities which a jurisdiction, plans to utiUze, but
which are not located within the jurisdiction, and which recover for reuse
or recycling at least five percent of the total volume of material received
by the facility.
(a) Each facility description shall include, but is not limited to:
(1) type of facility;
(2) estimated amount of the waste the jurisdiction will transport to the
facility;
(3) anticipated diversion rate or expected diversion rate from the total
amount of the waste that the facility receives; and,
(4) location of facility.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41730, 41731, 41732, 41733 and 41750.1, Pubhc Resources Code.
History
1 . New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
1). A Certificate ofCompIiance must be transmitted to OAL by 1-3-97 per Pub-
lic Resources Code section 40502(c) or emergency language will be repealed
by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of section
heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§ 18754. Description of Transfer Stations within a
Jurisdiction.
The NDFE shall identify existing, expansion of existing, and proposed
transfer stations located within a jurisdiction, which recover less than
five percent of the volume of materials received for reuse or recycling.
(a) Each facility description shall include, but is not limited to:
(1) naine of facility; and,
(2) participating jurisdictions.
(3) facility capacity.
(b) Each facility location description may include, but is not Umited
to:
(1) address of the facility; or,
(2) description of the general area, (include a land use inap, zoning
map, or other type of planning map).
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tions 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
History
1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
1 ). A Certificate ofCompIiance must be transmitted to OAL by 1-3-97 per Pub-
lic Resources Code section 40502(c) or emergency language will be repealed
by operation of law on the following day.
2. Certificate ofCompIiance as to 1-3-94 order, including amendment of section
heading, secfion and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§ 18754.5. Description of Transfer Stations outside a
Jurisdiction.
The NDFE shall identify existing, expansion of existing, and proposed
transfer stations to be used by a jurisdiction but not located within the ju-
risdiction, which recover less than five percent of the volume of materials
received for reuse or recycling.
(a) Each facility description shall include, but is not limited to:
(1) name of facility; and,
(2) location of facility.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.
History
1 . New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
1 ). A Certificate of CompI iance must be transmitted to OAL by 1 -3-97 per Pub-
lic Resources Code section 40502(c) or emergency language will be repealed
by operation of law on the following day.
2. Certificate of Compliance as to 1-3-94 order, including amendment of secfion
heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
Article 6.5. Siting Elements
§ 18755. General Requirements.
(a) The Siting Element shall demonstrate that there is a countywide or
regionwide minimum of 15 years of combined permitted disposal capac-
ity through existing or planned solid waste disposal and transformation
facilities or through additional strategies.
(b) The Siting Element shall describe and identify the areas, numbers
and types of new solid waste disposal and transformation facilities, as
well as the expansion of existing solid waste disposal and transformation
facilities necessary to provide a minimum of 15 years of combined per-
mitted disposal capacity.
(c) If the requirements of subdivision (b) of this section cannot be dem-
onstrated, then strategies shall be discussed for the transformation, dis-
posal, or diversion of excess waste.
(d) The Siting Element shall include the items identified in sections
18755.1 through 18756.7 of this article.
(e) A "Siting Element" may be prepared by a regional agency when the
regional agency is composed of two or more counties and all incorpo-
rated cities of those counties.
(f) For the purposes of this article, "countywide" shall be defined as
including the incorporated cities within the county and the unincorpo-
rated areas of the county. For purposes of this article, "county" shall in-
clude the Board of Supervisors as the legislative and executive body of
county government, and any designated agency responsible for solid
waste management.
(g) For the purposes of this article, "regionwide" shall be defined as
including the member agencies of the regional agency. For the purposes
of this article, a "regional agency" shall be the governing entity created
by a voluntary agreement between cities and counties for the purpose of
Page 806.114
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18756
complying with Part 2 of Division 30 of the Public Resources Code. A
city or county which is a party to such an agreement shall be considered
a "member agency" of the regional agency. A regional agency may au-
thorize one district, as defined in subdivision (a) of Section 41821.2 of
the Public Resources Code, to be included as a member of the regional
agency.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900, 40970-40972, 40977. 4 1 700-4 1 72 1 .5, 41 730. 1 and 4 i 82 1 .2, Public
Resources Code.
History
1 . New article 6.5 and section filed 7-15-94; operative 8-1 5-94 (Register 94, No.
28).
2. Change without regulatoiy effect amending subsection (g) and amending NoTi^
filed 6-26-2001 pursuant to section 100, title 1, California Code of Regulations
(Register 200], No. 26).
$ 1 8755.1 . Goals and Policies.
(a) The Local Task Force (LTF) shall develop goals, policies, and pro-
cedures to provide guidance to the county to prepare the Siting Element.
Based upon this guidance, the Siting Element shall include a statement
on the goals and policies established by the county.
(b) The LTFs of each county, which are member agencies of a regional
agency formed pursuant to section 1 8776(b) of this chapter, shall devel-
op goals, policies, and procedures to provide guidance to the regional
agency to prepare the Siting Element. Based upon this guidance, the Sit-
ing Element shall include a statement on the goals and policies of the re-
gional agency.
(c) The goals shall be consistent with the mandates of Public Re-
sources Code section 40051. The goals shall describe the method for the
environmentally safe disposal of solid waste generated within the bound-
aries of the county and regional agency.
(d) The policies shall specify any programs, regulatory ordinances, ac-
tions, or strategies that may be established to meet the goals described in
subdivision (c) of this section and to assist in the siting of solid waste dis-
posal facilities. An implementation schedule shall be included which
identifies tasks necessary to achieve each selected goal.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40950(d), 41700 and 41 701 (a), Public Resources Code.
History
1 . New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18755.3. Disposal Capacity Requirements.
(a) Each county and regional agency, with assistance from the Local
Task Force, shall include documentation in the Siting Element of the fol-
lowing information:
(1) the January 1 , 1990 disposal capacity in cubic yards and in tons es-
tablished pursuant to CCR 18777(b);
(2) the existing disposal capacity in cubic yards and in tons in the year
the Siting Element is prepared; and
(3) the disposal capacity in cubic yards and in tons in any year the Sit-
ing Element is revised.
(b) The anticipated disposal capacity needs shall be described in cubic
yards and tons, on an annual basis and aggregated for a minimum
15-year period, beginning with the year in which the Siting Element is
prepared, and any year the Siting Element is revised.
(c) Area(s) shall be selected where solid waste disposal facilities are
envisioned to be expanded or sited and constructed for the purpose of
meeting a required minimum of 15 years of combined permitted disposal
capacity. Each county and regional agency shall consider the following
in determining the areas where solid waste disposal facilities are planned
to be expanded or sited and constructed:
(1) the total amount of solid waste generated, expressed in cubic yards
and in tons for volumetric capacity for the required 15-year period;
(2) the existing remainder of combined permitted disposal capacity in
cubic yards and in tons for the required 15-year period; and
(3) an estimation of the total disposal capacity in cubic yards and in
tons needed to meet a minimum of 15 years of combined permitted dis-
posal capacity.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41701(b), (c) and (d), and 41791, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18755.5. Description of Existing Solid Waste Disposal
Facilities.
(a) The Siting Element shall include an identification of each per-
mitted solid waste disposal facility located countywide and regionwide.
The description shall include, but not be limited to, the following infor-
mation for each facility:
( 1) the name of the facility and the name of the facility owner and oper-
ator;
(2) the facility permit number, permit expiration date, date of last per-
mit review, and an estimate of remaining site life, based on reinaining
disposal capacity;
(3) the maximum permitted daily and yearly rates of waste disposal,
in tons and cubic yards;
(4) the average rate of daily waste receipt, in tons and cubic yards;
(5) the permitted types of wastes; and,
(6) the expected land use for any site being closed or phased out within
the 15-year planning period.
(b) The Siting Element description shall include a map showing each
existing permitted solid waste disposal facility countywide and region-
wide. The map shall be drawn to scale and the scale legend included on
the map sheet. The type of map may be a 7.5 or 15 minute USGS quad-
rangle.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 50001, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18756. Criteria for Establishing New or for Expanding
Existing Solid Waste Disposal Facilities.
(a) To establish a new solid waste disposal facility or to expand an ex-
isting solid waste disposal facility, the county and regional agency shall
describe the criteria to be used in the siting process for each facility. The
criteria shall include, but not be limited to, a description of the major cate-
gories of Environmental Considerations, Environmental Impacts, So-
cioeconomic Considerations, Legal Considerations, and additional crite-
ria as developed by the county, cities, regional agency and member
agencies. The following are examples of criteria that may be considered
within those major categories:
(1) Environmental Considerations (for example: geology and solids
including faulting and seismicity, ground settlement, surface hydrology
and ground water, quantity and quality of ground water, surface water,
surface water contamination, drainage patterns, etc.);
(2) Environmental Impacts (for example: air quality including clima-
tic and meteorological conditions and emissions, visibility, cultural re-
sources including regional setting, inventory and significance, paleonto-
logical resources including inventory and significance, vegetation, and
wildlife, etc.);
(3) Socioeconomic considerations (for example: transportation in-
cluding local and regional transportation systems, highways and major
roadway corridors, rail transportation and corridors, land use including
regional and local land uses such as military use, mineral extraction, agri-
culture, recreation/tourism, compatibility with existing and future land
uses, consistency with county general plan(s) and future post-closure
uses, economic factors including estimates of development costs and op-
erational costs, etc.);
(4) Legal considerations (for example: federal, state, and local mini-
mum standards and permits, liabilities, and monitoring, etc.);
(5) Additional criteria as may be included by the county, cities, region-
al agency and member agencies approving the Siting Element.
(b) The Siting Element shall describe the process instituted county-
wide or regionwide to confirm that the criteria set forth in (a)(l-5) of this
section are included as part of the solid waste disposal facility siting pro-
cess.
Page 806.115
Register 2001, No. 26; 6-29-2001
§ 18756.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(c) The countywide Siting Element shall be approved by the county
and the cities as described in Public Resources Code section 41 721 . The
regionwide Siting Element shall be approved by the regional agency as
described in section 18783(c) of this chapter. The Siting Element shall
include: a resolution from each jurisdiction and member agency approv-
ing or disapproving of the Siting Element or any proposed amendment
to the element; and a record of any jurisdiction or member agency failing
to act upon the Siting Element.
(d) No solid waste disposal facility in the Siting Element shall be estab-
lished that does not satisfy the minimum criteria that are adopted in the
Siting Element pursuant to section 18756(a) of this article.
(e) A solid waste disposal facility not described within the Siting Ele-
ment shall not be established unless an amendment to the Siting Element
has been approved identifying and describing the facility, and the date of
its inclusion in the element pursuant to PRC section 41721.5.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41700, 41701, 41702, 41704 and 50001, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18756.1. Proposed Facility Location and Description.
(a) The Siting Element shall include a description of each proposed
new solid waste disposal facility and a description of each proposed ex-
pansion of an existing soHd waste disposal facility for each county and
regional agency included in the Siting Element which complies with the
criteria identified in Section 18756 of this article. The description shall
include the type of facility, location, size, volumetric capacity of the fa-
cility expressed in cubic yards and in tons, life expectancy (years), ex-
pansion options of the existing or proposed facility, and post-closure
uses.
( 1 ) Each Siting Element shall include one or more maps indicating the
location of each proposed solid waste disposal facility and adjacent and
contiguous parcels. The map(s) shall be drawn to scale and include the
scale on the map sheet. The type of map(s) may be a 7.5 or 15 minute
USGS quadrangle.
(b) A description shall be provided in the Siting Element of how each
proposed solid waste disposal facility contributes to and maintains for
each county or regional agency included in the Siting Element the mini-
mum of 15 years of combined permitted disposal capacity as described
in CCR 18755(a) of this article and is consistent with the diversion goals
of F*ublic Resources Code section 41780.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41700, 41701, 41702, 41704 and 41780, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18756.3. Consistency with City and County General
Plans for New or Expanded Solid Waste
Disposal Facilities.
(a) Reserved areas for proposed new or the expansion of existing solid
waste disposal facilities shall be identified in the Siting Element. Verifi-
cation shall be made that the expanded or proposed facilities are located
in areas where the land use is designated or authorized for solid waste dis-
posal facilities and that the areas are consistent with the applicable city
and county general plans. Verification of general plan consistency shall
include a resolution, notarized statement, or affidavit from each applica-
ble city and the county. Proposed areas that are consistent with the current
city and county general plans shall be reserved pursuant to the require-
ments of Public Resources Code sections 41702 and 41720.
(b) Proposed areas that are not situated in, coextensive with, or adja-
cent to an area authorized for land use as a solid waste disposal facility,
within an applicable city and county general plan, may be "tentatively re-
served" for future or expanded solid waste disposal facilities. Proposed
areas that are inconsistent with applicable city and county general plans
shall be tentatively reserved pursuant to the requirements of Public Re-
sources Code sections 41710 through 41712.
(c) Proposed areas included in the Siting Element may be identified as
"tentatively reserved" in the initial filing of a Countywide and Region-
wide Integrated Waste Management Plan, as determined by Public Re-
sources Code section 41 791 . However, by the first five-year revision of
the Countywide and Regionwide Integrated Waste Management Plan all
areas identified to assure the minimum of 1 5 years of combined permitted
disposal capacity as described in CCR 1 8755(a) of this article must meet
the requirements of Public Resources Code section 41702.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41702, 41704, 41710-41712 and 41720, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
§ 18756.5. Strategies for Disposing of Solid Waste in
Excess of Capacity When New or Expanded
Sites Are Not Available.
(a) The Siting Element shall provide an analysis describing the reasons
why there are not available locations for establishing new or expanding
existing solid waste disposal facilities within each county or regional
agency included in the Siting Element. This analysis shall include a de-
termination of whether the inability to establish new or to expand existing
solid waste disposal facilities is due to the lack of locations with the ap-
propriate physical or environmental site characteristics or because of oth-
er considerations; and,
(b) If new or expandable solid waste disposal facilities are not avail-
able, or are not sufficient to meet countywide or regionwide needs, each
county and regional agency shall include strategies for disposing of solid
waste. The discussion of strategies shall include, but is not limited to, the
following:
( 1 ) A description of the types (residential, commercial, industrial, and
special) and quantities in cubic yards and in tons of waste in excess of re-
maining volumetric capacity of existing sohd waste disposal facilities;
(2) A description of the diversion or export programs which will be im-
plemented to safely handle and divert or dispose of excess solid waste.
The description shall identify the existing solid waste disposal facilities,
including those outside of the county or regional agency, that will be used
to implement these strategies. The description shall document how the
proposed programs shall provide the county or regional agency with suf-
ficient disposal capacity to meet the required minimum of 15 years of
combined permitted disposal capacity as described in CCR 18755(a) of
this article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41703, Public Resources Code.
History
1. New section filed 7-15-94; operadve 8-15-94 (Register 94, No. 28).
§ 18756.7. Siting Element Implementation.
(a) The Siting Element shall include, but not be limited to, the follow-
ing:
(1 ) identification of local government agencies, Local Task Forces, re-
gional agencies, organizafions, and any others, responsible for imple-
menfing the countywide or regionwide solid waste disposal facility siting
program;
(2) implementation schedules addressing each task idendfied in Sec-
tion 18755.1(d) for a minimum of 15 years beginning with the year in
which the element is prepared; and,
(3) identificaUon of revenue sources sufficient to support the adminis-
tration and maintenance of the countywide or regionwide solid waste dis-
posal facility sifing program.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900 and 41700, Public Resources Code.
History
1. New section filed 7-15-94; operative 8-15-94 (Register 94, No. 28).
Article 6.6. Countywide and Regional
Agency Integrated Waste Management Plans
§18757. General Requirements.
(a) The Countywide Integrated Waste Management Plan (CIWMP)
shall include the following:
Page 806.116
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Title 14
California Integrated Waste Management Board
§ 18757.5
(1) for a county with no regional agency within its boundaries, the
Source Reduction and Recycling Elements (SRREs), Household Haz-
ardous Waste Elements (HHWEs), and Nondisposal Facility Elements
(NDFEs) for the county and each city within the county, and the Siting
Element and Summary Plan;
(2) for a county composed of one or more regional agencies:
(A) a SRRE, HHWE, and NDFE for each city that is not a member
agency of the regional agency and for the county if it is not a member
agency of the regional agency;
(B) a SRRE, HHWE. and NDFE for each city that is a member agency
of the regional agency and for the county if it is a member agency of the
regional agency, or the SRRE, HHWE, and NDFE for the regional
agency, if the regional agency has elected to prepare one or more of these
as regional documents; and
(C) a countywide Siting Element and Summary Plan.
(b) The Regional Agency Integrated Waste Management Plan
(RAIWMP) shall Include the following:
(1) for a regional agency composed of two or more counties and all of
the cities within those counties, either:
(A) a SRRE, HHWE, and NDFE for each city and county which are
member agencies of the regional agency and the Siting Element and
Summary Plan for each county; or
(B) a SRRE, HHWE, and NDFE, Siting Element, and Summary Plan
for the regional agency.
(2) for a regional agency composed of more than one county, but
which does not encompass all of the cities within those counties, a SRRE,
HHWE, and NDFE for the regional agency;
(3) for a regional agency composed of more than one county, and
which includes all of the cities and the unincorporated area within at least
one of those counties, but not all of the cities within the other county(ies),
a SRRE, HHWE, and NDFE for the regional agency, a Siting Element
and Summary Plan for each county that is wholly encompassed by the
regional agency.
(c) The Summary Plan shall include the items identified in sections
18757.1 through 18758 of tliis article.
(d) For the purposes of this article, "countywide" shall be defined as
including the incorporated cities within the county and the unincorpo-
rated areas of the county. For purposes of this article, "county" shall in-
clude the Board of Supervisors as the legislative and executive body of
county government, and any designated agency responsible for solid
waste management.
(e) For the purposes of this article, "regionwide" shall be defined as
including the member agencies of a regional agency. For the purposes of
this article, "Regional Agency" shall be the governing entity created by
a voluntary agreement between cities and counties to carry out the man-
dates of Public Resources Code section 41780. A city or county which
is party to such an agreement shall be considered a "member agency" of
the Regional Agency. A regional agency may authorize one district, as
defined in subdivision (a) of Section 41821.2 of the Public Resources
Code, to be included as a member of the regional agency.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40977, 41750-41760 and 41821.2, Public Resources Code.
History
1 . New article 6.6 and section filed 7-1 2-94; operative 8-1 1-94 (Register 94, No.
28).
2. Change without regulatory effect amending subsection (e) and amending Note
filed 6-26-2001 pursuant to secfion 100, title 1, California Code of Regulanons
(Register 2001, No. 26).
§ 1 8757.1 . Goals and Objectives.
The Local Task Force (LTF) shall develop goals, policies, and objec-
tives to provide guidance to the county or regional agency in coordinat-
ing countywide and regionwide diversion programs, marketing strate-
gies, and disposal strategies for the medium-term planning (1996-2000)
period. Based upon this guidance, the Summary Plan shall include a
statement on the goals, policies, and objectives established by the county
or regional agency.
(a) The goals shall be consistent with the mandates of Public Re-
sources Code section 4005 1 . The goals shall express plans for integrating
strategies aimed towards reducing, diverting, marketing, and safely han-
dling and disposing of all solid waste generated countywide or region-
wide.
(b) The Summary Plan shall identify policies within the Source Reduc-
tion and Recycling Elements and Household Hazardous Waste Elements
that facilitate the reduction of solid waste for incorporated cities and the
unincorporated area of the county or the regional agency.
(c) The Summary Plan shall contain specific objectives for achieve-
ment of the goals stated in subdivision (a) of this section. These objec-
dves shall allow for measurements of progress made toward achieving
the goals by including an implementation schedule which identifies spe-
cific tasks and milestones necessary to achieve each objective.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41750 and 41751, Public Resources Code.
History
1. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§ 18757.3. County and Regional Agency Profile and Plan
Administration.
The Summary Plan shall include:
(a) A general countywide or regionwide description including, but not
limited to, topography, major roadways, city boundaries, and climate.
(b) A summary of important demographic data, including, but not lim-
ited to, populafion, ethnicity, average age and income of the citizens,
housing, seasonal demographic fluctuations, and transportation patterns.
(c) A description of the governmental solid waste management infra-
structure, including all local jurisdicfion waste management entities, sol-
id waste management authorities or districts, and any other regional
agencies responsible for countywide or regionwide waste handling and/
or disposal.
(d) An identification of the entity(ies) responsible for the following
Plan-related functions: public information; budgeting; implementation
of a solid waste management program; and, administration (such as
maintenance, revision, and coordination of Plan-related documents).
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 41751, Public Resources Code.
History
1. New secfion filed 7-12-94; operative 8-1 1-94 (Register 94, No. 28).
§ 1 8757.5. Description of Current Solid Waste
Management Practices.
The Summary Plan shall describe the current or most recent county-
wide or regionwide solid waste management practices.
(a) The Summary Plan shall contain a description of all factors affect-
ing the current collection, removal, and disposal of solid wastes. This de-
scripfion shall include, but not be limited to:
(1) service areas;
(2) designafion of territories served through franchises, permits, con-
tracts, or governmental services;
(3) quantity of waste collected in each jurisdiction of the CIWMP or
RAIWMP area (tons and cubic yards per day/year);
(4) a description of storage and transportation needs and existing and
anticipated methods for handling the collected materials targeted for re-
cycling.
(5) final destination of collected wastes (e.g., landfill, transformation,
exportation), by quantity (tons and cubic yards).
(b) The Summary Plan shall identify all permitted solid waste facilities
located countywide or regionwide. This description shall include, but not
be limited to, the following information:
(1) Facility name and location; and
(2) A map showing existing permitted solid waste facilities county-
wide or regionwide. The map should be drawn to scale and the scale and
legend included on the map sheet. The map may be a 7.5 or 15 minute
USGS quadrangle.
(c) The Summary Plan may include a descripfion of waste diversion
facilities located countywide or regionwide that are exempt or have re-
Page 806.117
Register 2001, No. 26; 6-29-2001
§ 18757.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ceived an exclusion From a solid waste lacilities permit, to the extent
practicable. For each facility this description should include:
(1) the reason for exemption or exclusion;
(2) the estimated amount and type of material recovered/processed;
and,
(3) the operator(s) and owner(s).
(d) The Summary Plan shall include, for countywide or regionwide
programs, a description of Recycling Market Development Zones, and
applicable strategies for processing and/or marketing secondary materi-
als, including forming regional secondary materials marketing associ-
ations and joining associations outside the Jurisdictional boundaries. The
description shall discuss the county's or regional agency's role in devel-
oping markets.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41751, Public Resources Code.
History
J. New section filed 7-12-94; operative 8-11-94 (Register 94, No. 28).
§ 18757.7. Summary of Source Reduction and Recycling
Elements, Household Hazardous Waste
Elements and Nondisposal Facility Elements.
The Summary Plan shall:
(a) Summarize the types of programs planned in the Source Reduction
and Recycling Elements by component from all the jurisdictions. This
summary shall include, but is not limited to, the following:
(1) a listing and description of the planned and current diversion pro-
grams;
(2) a listing and identification of all planned contingency programs
and measures; and
(3) a listing of targeted materials and marketing strategies, by pro-
gram.
(b) Summarize the types of programs planned in the Household Haz-
ardous Waste Elements from all jurisdictions. This summary shall in-
clude, but is not limited to, the following:
(1) a listing and identification of all planned and contingency pro-
grams and measures; and
(2) a listing of targeted materials and marketing strategies, by pro-
gram.
(c) List the types and numbers of facilities planned in the Nondisposal
Facility Elements from all jurisdictions and identify which jurisdictions
are served by or use the facility(ies).
(d) Describe the coordination or consolidation of programs identified
in subdivisions (a) and (b) of this section to include the following:
(1) identification and description of programs that were coordinated
or consolidated and those programs that may be coordinated or consoli-
dated in the future into countrywide or regionwide programs; and
(A) implementation schedules for the coordination or consolidation of
individual jurisdiction's programs into countywide or regionwide pro-
grams.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41751, Public Resources Code.
History
] . New section filed 7-12-94; operative 8-1 1-94 (Register 94, No. 28).
§ 18758. Countywide and Regional Agency Integrated
Waste Management Plan Financing.
The Summary Plan shall:
(a) Provide cost estimations for the countywide or regionwide pro-
grams and facilities scheduled for implementation and use.
(b) Summarize funding sources and allocation of revenues for all pro-
gram and facihty planning and implementation tasks identified in the
Summary Plan.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41751, Public Resources Code.
History
1. New section filed 7-12-94; operative 8-1 1-94 (Register 94, No. 28).
Article 7. Procedures for Preparing and
Revising City, Regional Agency and
County Source Reduction and Recycling
Elements, and Household Hazardous
Waste Elements and City and County
Nondisposal Facility Elements
§18760. Applicability.
(a) The procedures for preparing Source Reduction and Recycling
Elements (SRREs), Household Hazardous Waste Elements (HHWEs)
and Nondisposal Facihty Elements (NDFEs) apply to the counties, cities,
joint power authorities, regional agencies, special districts, or other agen-
cies which are designated by the cities or counties, and are responsible
for preparing these Elements.
(1) Cities, counties and cities which are also counties may enter into
agreements to prepare and implement the SRREs, HHWEs and NDFEs
which are specific to each jurisdiction.
(2) A city, county or a city and county shall be held accountable for
implementation of the specified goals and programs of its SRRE and
HHWE.
(b) For the purposes of this article, a jurisdiction is a city, county, city
and county, or regional agency.
NotE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730,
41731, 41813, 41850 and 41823, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operafion
of Government Code section 11346.1(e) (Register 91, No. 13).
5 . New section refiled 2- 1 5-9 1 as an emergency ; operati ve 2- 1 5-9 1 (Regi ster 9 1 ,
No. 13). A Certificate of Compliance must be transmiued to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order, including amendment of subsec-
tion (a)(1), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Amendment of article heading filed 4-30-92; operative 4-30-92 pursuant to
Government Code section 1 1346.2(d) (Register 92, No. 19).
8. Amendment of article heading, section and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
1 0. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tions (a)(1) and (b), transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 1 8761 . Local Task Force (LTF).
(a) Establishment. Each county board of supervisors, and a majority
of the cities within the county which contain a majority of the population
in
the county, shall submit written documentation to the Board approving
the membership of their LTF, within 30 days after establishment of the
LTF.
(1 ) The documentation submitted to the Board shall denote the identity
of the members in the LTF, and whether the members represent the gov-
Page 806.118
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18763
ernmental or the private sectors, or other entities or groups. The docu-
mentation shall define the terms of membership for each member.
(2) The terms of membership shall be determined by the county board
of supervisors and a majority of the cities within the county which con-
tain a majority of the population in the county.
(3) After its establishment, each LTF shall inform the Board of how
frequently it intends to meet.
(b) Role of the LTF. The LTF shall advise jurisdictions responsible for
the SRRE, HHWE and NDFE preparation, and review goals, policies,
and procedures for jurisdictions, which, upon implementation, will aid
in meeting the solid waste management needs of the county, as well as
the mandated source reduction and recycling requirements of Public Re-
sources Code section 41780.
(1 ) The LTF shall assist and advise in the review of the SRRE, HHWE,
and NDFE, and shall assist jurisdictions in the implementation of the
SRRE, HHWE, and NDFE.
(2) The LTF shall provide technical guidance and information regard-
ing source reduction, waste diversion, and recycling to local jurisdictions
during preparation and revision of the SRRE, HHWE and NDFE. Such
information may be presented to the general public at public hearings and
upon request by members of local government and community organiza-
tions.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731, Public Re-
sources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order, including amendment of subsec-
tion (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of subsections (b)-(b)(2) filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No. 48). A Certificate ofCompliance must be transmitted
to OAL by 1 -3-97 or emergency language will be repealed by operation of law
on the following day.
8. Editorial correction adding History 7 and changes noted therein (Register 94.
No. 48).
9. Certificate ofCompliance as to 1-3-94 order, including amendment of subsec-
tions (a) and (b)-(b)(2), transmitted to OAL 12-31-96 and filed 2-1 3-97 (Reg-
ister 97, No. 7).
§ 18762. SRRE, HHWE, and NDFE Preparation.
(a) A jurisdiction shall prepare the SRRE, HHWE, and NDFE pur-
suant to Articles 6.1, 6.2, 6.3, and 6.4 of this Chapter, as applicable.
(1) Except as provided by Public Resources Code section 41735(a), a
jurisdiction shall comply with the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code sections 21000 et seq.
(b) A jurisdiction shall submit written documentation to the Board of
its designation of an agency responsible for preparation of the SRRE,
HHWE and NDFE within 30 days of said designation.
(c) A jurisdiction, in coordination with the LTF, shall prepare and
adopt the SRRE, HHWE, and NDFE, by the dates specified in Public Re-
sources Code sections 41000, 41300 and 41791, as applicable.
(d) For the purposes of this article, after a jurisdiction prepares and
adopts its NDFE, the NDFE shall be appended to the SRRE by the juris-
diction at the time the SRRE is submitted to the Board. At the time of the
five year revision of the SRRE, the NDFE may be incorporated into the
SRRE.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730,
41731, 41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41 791, Public Re-
sources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operafive 7-1 7-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in HISTORY 2 (Regis-
ter 91, No. 13).
4. Request for. readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 91 ,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-1 7-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-91 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending section heading and subsection
(a)(1) filed 7-1 1-91 pursuant to section 100, title l,CalifomiaCodeof Regula-
tions (Register 92, No. 12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Notie filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate ofCompliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94,
No. 48).
1 1 . Certificate ofCompliance as to 1-3-94 order, including amendment of section
heading and subsections (a), (c) and (d), transmitted to OAL 1 2-3 1-96 and filed
2-13-97 (Register 97, No. 7).
12. Change without regulatory effect amending subsection (d) filed 8-25-2000
pursuant to section 100, title 1, California Code of Regulations (Register 2000,
No. 34).
§ 18763. Circulation of the Preliminary Draft SRRE and
HHWE for Review.
(a) A jurisdiction shall prepare a preliminary draft of its SRRE and
HHWE.
(b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE
shall be sent to adjoining cities, the county or regional agency responsible
for the Countywide Integrated Waste Management Plan (CIWMP) or
Regional Agency Integrated Waste Management Plan (RAIWMP) prep-
aration, and the LTF.
(c) If the jurisdiction is a county, the preliminary draft SRRE and
HHWE shall be sent to adjoining cities and the LTF.
(d) If the jurisdiction is a regional agency then the following applies:
(1) If the regional agency is composed of a single county but does not
include all of the cities within the county, the preliminary draft SRRE and
HHWE shall be sent to adjoining cities, the agency in the county respon-
sible for the CIWMP prepaiation, and to the LTF.
(2) If the regional agency is composed of a single county and all of the
cities within that county, the preliminary draft SRRE and HHWE shall
be sent to adjoining cities and the LTF.
(3) If the regional agency is composed of two or more counties and all
of the cities within the counties, the preliminary draft SRRE and HHWE
shall be sent to adjoining cities, and the LTF of each affected county.
(4) If the regional agency is composed of two or more counties but
does not include all of the cities within those counties, the preliminary
draft SRRE and HHWE shall be sent to adjoining cities, each of the
county agencies responsible for the CIWMP, and the LTF of each af-
fected county.
Each jurisdiction shall also submit three copies of the draft SRRE and
HHWE to the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790, Public Resources
Code.
Page 806.119
Register 2000, No. 34; 8-25-2000
§ 18764
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1 346. 1 (e) (Register 9 1 , No. 13).
5. New section re filed 2- 15-91 as an emergency; operative 2- 1 5-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-19-91 order, including amendment of first
paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code secfion 1 1346.2(d) (Register 92, No. 19).
8. Amendment of section and Note filed 1-3-94 as an emergency; operative
1-3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 or emergency language will be repealed by operation of law
on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of section
heading and section, transmitted to OAL 12-31-96 and filed 2-1 3-97 (Register
97, No. 7).
§ 1 8764. Review of the Preliminary Draft SRRE and HHWE.
(a) Review Period. In accordance with Government Code section
15376, the review period shall be a minimum of 30 days, commencing
upon the date of receipt of the PreUminary Draft SRRE and HHWE by
a reviewing agency. The median time for review shall be 38 days. The
maximum time for review shall be 45 days.
(1) Review by LTF. In reviewing the preliminary draft SRRE and
HHWE, the LTF shall consider the issues of regional concern pursuant
to Public Resources Code section 40950(c) to aid in ensuring that they
are addressed. Copies of wiitten comments made by the LTF on the pre-
liminary draft SRRE and HHWE shall be sent simultaneously to the
Board and to the jurisdiction that prepared the preliminary draft SRRE
and HHWE.
(2) Review by Other Reviewing Agencies. The county, adjacent cities,
any association of regional governments, and the Board shall review the
preliminary draft SRRE and HHWE and send written comments to the
jurisdiction that prepared the preliminary draft SRRE and HHWE. A
copy of the Board's written comments shall be sent simultaneously to the
LTF.
Note: Authority cited: Section 40502, Public Resources Code; Section 15376,
Govemment Code. Reference: Sections 40950, 41000, 41300, 41500, 41510 and
41790, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operafion
of Govemment Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order, includine amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pur-
suant to secfion 100, ntle 1, Cahfomia Code of Reculations (Resister 92, No.
12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
9. Amendment of section and NOTE filed 1-3-94 as an emergency; operative
1 -3-94 (Register 94, No. 48). A Certificate of Compliance must be transmitted
to OAL by 1-3-97 or emergency language will be repealed by operation of law
on the following day.
10. Editorial coiTection adding History 9 and chanses noted therein (Register 94,
No. 48).
1 1 . Certificate of Compliance as to 1 -.3-94 order, including amendment of section
heading and subsection (a)(2). transmitted to OAL 12-31 -96 and filed 2-13-97
(Register 97, No. 7).
§ 1 8765. Review of the Final Draft SRRE, HHWE and NDFE.
(a) Thirty (30) days prior to the public hearing for the adoption of the
SRRE and HHWE, the jurisdiction shall send a copy of the final draft of
its SRRE and HHWE to the LTF(s) of the affected counties for review.
Within 1 5 days of receipt of the final draft of the SRRE and HHWE, the
LTF shall provide written comments to the jurisdiction and the Board re-
garding the final draft.
(b) Ninety (90) days prior to the public hearing for the adoption of the
NDFE, the jurisdiction shall send a copy of the final draft NDFE to the
LTF for review. Within 90 days of receipt of the final draft NDFE, the
LTF shall provide written comments to the city or county and the Board
regarding the final draft.
(c) If deficiencies are indicated in the LTF' s comments, the LTF shall
meet with the jurisdiction to resolve them. If no resoluUon between the
jurisdiction and the LTF can be achieved, the LTF shall send a letter to
the jurisdiction and the Board indicating the remaining deficiencies of
the SRRE, HHWE and NDFE.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
lions 40950, 40971 , 41000, 41300, 41500, 41510, 41730, 41731 and 41734, Pub-
lic Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretar)' of State. Section repealed by operation
of Govemment Code section 11346.1(e) (Register91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operafive 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
afion of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
non (b), transmitted to OAL 12-3 1-96 and filed 2-13-97 (Register 97, No. 7).
§ 18766. Public Participation; Notice; Local Adoption of
SRRE, HHWE and NDFE.
(a) The general public, affected governmental enufies, and private in-
dustries shall be given an opportunity to participate in the platming pro-
cess and implementation of the SRRE, HHWE, and NDFE through atten-
dance at informative meetings and public hearings.
( 1 ) Pursuant to Public Resources Code section 4 1 793 , at least one pub-
lic heating shall be held to receive tesfimony regarding the Preliminary
Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and
HHWE.
Page 806.120
Register 2000, No. 34; 8-25-2000
Title 14
California Integrated Waste Management Board
§ 18768
(A) To inform the public of the hearing, the jurisdiction shall publish
a notice in a local newspaper of general circulation at least 30 days in ad-
vance of the scheduled public hearing on the SRRE and HHWE.
(2) Jurisdictions may form advisory committees which may review
and comment on draft elements, and provide technical guidance and sup-
port during the development of the SRRE, HHWE, and NDFE.
(b) In addition to the hearing or hearings held pursuant to (a)(1) of this
section, the governing body of the jurisdiction, shall conduct a public
hearing for the purpose of adopting the SRRE, HHWE, and NDFE. After
considering all comments of the members of the governing body and the
public, the jurisdiction shall, by resolution, adopt the SRRE, HHWE and
NDFE.
(1) To inform the public of the hearing, the jurisdiction shall publish
a notice in a newspaper of general circulation at least three (3) days in ad-
vance of the scheduled public hearing on the final draft SRRE, HHWE,
and NDFE.
Note. Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900, 4097 1 , 4 1 000, 41 300, 41 500, 41 5 1 0, 41 730, 41 73 1 and 41 793, Pub-
lic Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order, including amendment of subsec-
tion (a)(1), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No.
37).
7. Change without regulatory effect amending subsection (a)(2) filed 7-11-91
pursuant to section 1 00, title 1 , California Code of Regulations (Register 92, No.
12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code secfion 1 1346.2(d) (Register 92, No. 19).
9. Amendment of secfion heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
afion of law on the following day.
1 0. Editorial correcfion adding History 9 and changes noted therein (Register 94,
No. 48).
1 1 . Editorial correction of subsection (b) (Register 95, No. 19).
1 2. Certificate of Compliance as to 1-3-94 order, including amendment of section,
transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18766.5. Revision of the SRRE prior to Board Approval.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
15376, Government Code. Reference: Sections 40950, 41000, 41300, 41781.2,
41790 and 41793, Public Resources Code.
History
1. New secfion filed 1-3-94 as an emergency; operative 1 -3-94 (Register 94, No.
48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or
emergency language will be repealed by operation of law on the following day.
2. Editorial cortection adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including repealer of secfion,
transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18767. Submittal of City or Regional Agency SRRE,
HHWE, and NDFE to the County and County
NDFE to the Cities.
(a) A city, or regional agency which is composed of some cities within
a single county, shall transmit one (1) copy of its SRRE and one (1) copy
of its HHWE to the county in which it is located within 30 days of its
adoption by the city or regional agency for incorporation into the
CIWMP.
(1) A signed resolution and documentation that the jurisdiction has
complied with CEQA (Public Resources Code sections 21000 et seq.)
shall accoiTipany the SRRE and HHWE that are submitted to the county.
(b) A city, unless it is a city and county, or regional agency which is
composed of some cities within a single county shall transmit a copy of
its NDFE to the county in which it is located within 30 days of its adoption
by the city or regional agency for incorporation into the CIWMP. This
submittal shall occur no later than the applicable subtnittal dates in PRC
section 41791.5.
(c) A county, unless it is a city and county, shall transmit a copy of its
NDFE to the cities which are located within the county within 30 days
of adoption of the NDFE by the county. This submittal shall occur no lat-
er than the applicable submittal dates specified in PRC 41791.5.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 2 1 083, 4097 1. 4 1 000, 41 300, 41 500, 4 1 5 1 0, 4 1 79 1 , 4 1 730, 4 1 73 1 , 4 1 750. 1
and 41793, Public Resources Code.
History
1 . New section filed 3-1 9-90 as an emergency; operative 3-1 9-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transinitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1 -6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register91, No. 13).
5. New secfion refiled 2-15-91 as an emergency; operative 2-15-91 (Register 9 1 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91 , No. 37).
7. Change without regulatory effect amending subsection (a) and renumbering
(a)(1) to (b) filed 7-1 1-91 pursuant to secfion 100, fitle 1, California Code of
Regulations (Register 92, No. 12).
8. Amendment of secfion heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
9. Amendment of secfion heading, text and Note filed 1-3-94 as an emergency;
operafive 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
10. Editorial correcfion adding History 9 and changes noted therein (Register 94,
No. 48).
1 1 . Certificate of Compliance as to 1-3-94 order, including amendment of secfion
heading and secfion, transmitted to OAL 12-3 1-96 and filed 2-1 3-97 (Register
97, No. 7).
§ 1 8768. Submittal of the SRRE, HHWE, and NDFE to the
Board.
(a) A jurisdiction shall, according to the schedule set forth in PRC sec-
tion 41791.5, submit to the Board three (3) copies of its SRRE.
(1) When submitting the SRRE to the Board, the jurisdiction shall in-
clude a copy of the public notice(s) for the public hearings on the SRRE,
a copy of the resolution(s) adopting the SRRE, comments on the final
draft from the LTF, and a copy of the Notice of Determination which has
been filed with the State Clearinghouse in the Office of Planning and Re-
search as verification of compliance with the CEQA (Public Resources
Code sections 21000 et seq.).
(b) A jurisdiction shall, according to the schedule set forth in PRC sec-
fion 41791.5, submit to the Board three (3) copies of its NDFE.
(1 ) When submitfing the NDFE to the Board, the jurisdiction shall in-
clude a copy of the public notice(s) for the public hearing(s) on the
NDFE, a copy of the resolution(s) adopting the NDFE, and comments on
the final draft from the LTF.
(c) A jurisdicdon shall submit its HHWE with the CIWMP or the
RAIWMP according to the schedule set forth in PRC section 41 791 . Any
city, or regional agency which is composed of some cities within a single
county, may separately submit its HHWE to the Board for approval.
(1) When submitfing the HHWE to the Board, the jurisdicfion shall in-
clude a copy of the public nofice(s) for the public hearings on the HHWE.
Page 806.121
Register 2000, No. 34; 8-25-2000
§ 18769
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
a copy of the resolution(s) adopting its HHWE, comments on the final
draft tYom the LTF, and a copy of the Notice of Determination which has
been filed with the State's Clearinghouse in the Office of Planning and
Research as verification of compliance with the CEQA (Public Re-
sources Code sections 21000 et seq.).
(d) The Board's 120 day review period for consideration of approval
of a SRRE, HHWE, or NDFE will commence upon determination by the
Board that three (3) copies of a SRRE. HHWE, or NDFE and the accom-
panying documents required by (a), (b) and (c) of this section have been
submitted by the jurisdiction.
( 1 ) Within 30 days of receipt of a SRRE, HHWE, or NDFE for approv-
al, the Board shall indicate to the jurisdiction whether all requirements
included in (a), (b), and (c) have been fulfilled. If the Board notifies the
jurisdiction that the required documents have not been submitted, the ju-
risdiction shall submit the remaining required document(s) within 30
days of notification.
NOTE: Authority cited: Section 40502, Public Resources Code; and Section
15376, Government Code. Reference: Sections 21083, 40971, 41750, 41791,
41791.5, 41794, 41800 and 41802, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
11-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendments of sec-
tion and renumbering of subsections (b), (c) and (c)(1) to (a)(1), (2) and (3),
transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a)(2) filed 7-11-91
pursuant to secdon 100, title 1 , California Code of Regulations (Register 92, No.
12).
8. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
9. Amendment of secfion heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
10. Editorial correction adding History 9 and changes noted therein (Register 94,
No. 48).
11. Certificate ofCompliance as to 1-3-94 order, including amendment of section
heading and section, transmitted to OAL 12-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 1 8769. Board Approval of SRREs, HHWEs, and NDFEs.
(a) The Board shall approve, conditionally approve, or disapprove the
SRRE, HHWE, and NDFE at a public hearing. After receiving testimony
from the jurisdiction, the public and the LTF, the Board shall either adopt
and prepare written findings approving the SRRE, HHWE, and NDFE or
issue a Notice identifying deficiencies in the SRRE, HHWE, and NDFE
or amendments to the NDFE.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 41800, 41801, 41802 and 41810 through 41813, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Govemment Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register 91,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
fion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operafive 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate ofCompliance must be
transmitted to OAL by 1 -3-97 or emergency language will be repealed by oper-
ation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Certificate ofCompliance as to 1-3-94 order, including amendment of section
heading and section, transmitted to OAL 1 2-31-96 and filed 2-13-97 (Register
97, No. 7).
§ 18770. Amendment or Revision, and Resubmittal of the
Amended or Revised SRRE, HHWE, and NDFE.
(a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE, the
jurisdiction shall revise or amend and submit its SRRE, HHWE, or
NDFE pursuant to the requirements of sections 18765 through 18768 of
this article.
(b) A jurisdiction shall resubmit a revised or amended version of its
SRRE, HHWE, or NDFE to the Board either voluntarily according to
PRC section 41 770.5 or within 1 20 days of receipt of a notice identifying
the element's deficiencies.
(c) The Board's 60 day review period for consideration of approval of
amendments to the NDFE prior to the five year revision of the SRRE will
commence upon determination by the Board that three (3) copies of the
amendments to the NDFE and the accompanying documents required by
section 18768(b) have been submitted by the jurisdiction.
(1) Within 30 days of receipt of the amendments to the NDFE for ap-
proval, the Board shall indicate to the jurisdiction whether all require-
ments included in section 1 8768(b) have been fulfilled. If the Board noti-
fies the jurisdiction that the required documents have not been submitted,
the jurisdiction shall submit the remaining required document(s) within
30 days.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790,
41793, 41800, 41801, 41802. 41810-41813 and 41822, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14— 90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial cortection of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Govemment Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register 91,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order transmitted toOAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (b) filed 7-1 1-91 pur-
suant to section 100, title 1, California Code of Regulafions (Register 92, No.
12).
8. Amendment of section heading and text filed 4-30-92; operafive 4-30-92 pur-
suant to Government Code section 11346.2(d) (Register 92, No. 19).
9. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operafive 1-3-94 (Register 94, No. 48). A Certificate ofCompliance must be
transmitted to OAL by I -3-97 or emergency language will be repealed by oper-
afion of law on the following day.
10. Editorial cortecfion adding History 9 and changes noted therein (Register 94,
No. 48).
Page 806.122
Register 2000, No. 34; 8-25-2000
Title 14
California Integrated Waste Management Board
§ 18772
1 1 . Certificate of Compliance as to 1-3-94 order, including amendment of section
heading, section and Note, transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§ 18770.5. Board Approval of Revised or Amended
SRREs, HHWEs, and NDFEs.
(a) It a jurisdiction is required to amend or revise its SRRE, HHWE,
or NDFE due to the disapproval of the document, the Board shall ap-
prove, conditionally approve, or disapprove the element or amendment,
pursuant to Public Resources Code sections 41812 and 41813, within
120 days of receipt of resubmitted elements or within 60 days of the re-
ceipt of NDFE amendments.
(b) The Board shall approve, conditionally approve, or disapprove re-
vised or amended SRREs, HHWEs, and NDFEs at a public hearing. After
considering public testimony and input from the LTF, the Board shall ei-
ther adopt a resolution approving revised or amended SRREs, HHWEs,
and NDFEs, or issue a notice identifying deficiencies in the SRREs,
HHWEs, and NDFEs. Board approval shall be based on an evaluation of
the jurisdiction's implementation of the hierarchy for waste management
practices as described in Public Resources Code section 40051 of the
California Integrated Waste Management Act of 1989.
(1) If revised or amended SRREs, HHWEs, and NDFEs are disap-
proved or conditionally approved, the Board shall send a notice identify-
ing deficiencies within thirty (30) days of making its findings.
(2) Conditional approval or disapproval of a SRRE or HHWE, which
has been revised per Section 18772 of this article, shall require the juris-
diction to reinstitute the process for preparation and approval of the
SRREs and HHWEs, beginning in sections 18762 through 18768.
(3) If revised or amended SRREs, HHWEs, and NDFEs are approved,
the Board shall send a copy of the resolution of approval to the jurisdic-
tion within thirty (30) days of making its finding.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and
41822, PubUc Resources Code.
History
]. Certificate of Compliance as to 1-3-94 order, including renumbering and
amendment of former section 18773 to 18770.5, transmitted to OAL 12-31-96
and filed 2-13-97 (Register 97, No. 7).
§ 18771. Annual Report: Review and Revision of City,
Regional Agency or County SRREs.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40050, 40051, 40052, 40950, 41000, 41300, 41780, 41790 and 41821, Pub-
lic Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-9 1 order, including amendment of subsec-
tions (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91 ,
No. 37).
7. Change without regulatory effect amending subsections (a)(1) and (b) filed
7-11-91 pursuant to section 100, fitle 1, California Code of Regulations (Regis-
ter 92, No. 12).
8. Amendment of secfion heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Amendment of subsection (b) filed 1 1-21-95 as an emergency; operative
1 1-2 1-95 (Register 95, No. 47). A Certificate of Compliance must be trans-
mitted to OAL by 3-20-96 or emergency language will be repealed by opera-
tion of law on the following day.
1 1. Amendment of subsection (b) refiled 3-1.5-96 as an emergency; operative
3-20-96 (Register96, No. 1 1 ). A Certificate of Compliance must be transmitted
to OAL by 7-] 8-96 or emergency language will be repealed by operation of law
on the following day.
12. Repealer filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
13. Repealer refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
14. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 18772. Board's Biennial Review of the City, Regional
Agency, or County SRRE and HHWE.
(a) In addition to local jurisdiction review of city, regional agency, and
county SRREs and HHWEs, at least once every two years, the Board
shall conduct an independent review of SRREs and HHWEs. This bien-
nial review will enable the Board to assess each jurisdiction's progress
towards meeting the mandated diversion requirements. The Board shall
determine if the SRRE and HHWE programs are being implemented, and
if jurisdictions are meeting the goals of their SRRE and HHWE.
(b) If the Board finds that a jurisdiction is failing to implement its
SRRE and HHWE, and is not making progress towards meeting the re-
quirements of Public Resources Code sections 41000, 41300, 41500,
41510 or 41780, as applicable, after a public hearing on the matter, the
Board shall issue a compliance order for achieving those requirements.
(1) The compliance order shall identify the programs goals of the
SRRE and HHWE which are not being implemented or attained by the
jurisdiction, or identify areas of the SRRE and HHWE which require re-
vision. The Board shall also set a date by which the jurisdiction shall meet
the mandated requirements.
(2) The Board shall issue the compliance order within 30 days of mak-
ing its finding of noncompliance.
(c) If a jurisdiction fails to bring its SRRE and HHWE into compliance
by the date specified by the Board, the Board shall enforce the com-
pliance order pursuant to Public Resources Code section 41850.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41000. 41300, 41500. 41510, 41780, 41825 and 41850, Public Resources
Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14—90
or emergency language will be repealed by operafion of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in Hjstory 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
] 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. ] 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-91 order, including amendment of subsec-
tions (a) and (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91,
No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Noth filed 1-3-94 as an emergency;
operafive 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Editorial correction of subsection (b) (Register 95, No. 19).
Page 806.123
Register 2000, No. 34; 8-25-2000
$ 18773
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
1 1 . Certificate of Compliance as to 1-3-94 order, including amendment of section
heading and subsection (a), transmitted to OAL 12-31-96 and filed 2-13-97
(Register 97, No. 7).
§18773. Board Approval of Revised SRRE and HHWE.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40030, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and
41822, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Cernficate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secnon 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-9 1 order transmitted to OAL 4-29-91 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and text filed 4-30-92; operative 4-30-92 pur-
suant to Government Code secfion 11346.2(d) (Register 92, No. 19).
8. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
afion of law on the following day.
9. Editorial correction adding History 8 and changes noted therein (Register 94,
No. 48).
10. Certificate of Compliance as to 1-3-94 order, including renumbering and
amendment of former section 1 8773 to 1 8770.5, transmitted to OAL 12-3 1 -96
and filed 2-13-97 (Register 97, No. 7).
§ 18774. One-Year Time Extension for IVIeeting Diversion
Requirements.
(a) Commencing in 1995, the Board may grant a one-year time exten-
sion for meeting the state mandated requirements identified in Public Re-
sources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writ-
ing, that it meets the requirements for an extension pursuant to F*ublic Re-
sources Code section 41820.
(2) Within 45 days of receipt of this request, the Board shall review the
adequacy of the application, and determine if the requirements of Public
Resources Code section 41820 are met. Based upon this determination,
the Board shall adopt written findings approving or disapproving the ju-
risdiction's request.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780 and 41820, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operafive 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
tion (a), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and Note filed 1-3-94 as an emergency; opera-
five 1-3-94 (Register 94, No. 48). A Certificate ofCompliance must be trans-
mitted to OAL by 1-3-97 or emergency language will be repealed by operation
of law on the following day.
8. Editorial correction adding History 7 and changes noted therein (Register 94,
No. 48).
9. Certificate ofCompliance as to 1-3-94 order, includingamendment of secfion
heading and section, transmitted to OAL 1 2-3 1-96 and filed 2-1 3-97 (Register
97, No. 7).
§ 1 8774.5. Two-Year Time Extension for Meeting Diversion
Requirements.
(a) Commencing in 1995, the Board may grant a two-year time exten-
sion to a rural jurisdiction, as defined in Public Resources Code sections
40183 and 40184, for iTieeting the state mandated diversion requirements
in Public Resources Code section 41780.
(1) A jurisdiction requesting an extension shall demonstrate, in writ-
ing, that it meets the requirements for an extension pursuant to Public Re-
sources Code section 41787.4.
(2) Within 45 days of receipt of a complete request, the Board shall re-
view the adequacy of the application, and determine if the requirements
of Pubhc Resources Code section 41787.4 are met. Based upon this de-
termination, the Board shall adopt written findings approving or disap-
proving the jurisdiction's request.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fions 40183, 40184, 41780 and 41787.4, Public Resources Code.
History
1. New section filed 2-13-97; operafive 3-15-97 (Register 97, No. 7).
§ 18775. Reduction in Diversion and Planning
Requirements.
(a) A rural jurisdiction, as defined in Public Resources Code sections
40183 and 40184, may petition the Board, at a public hearing, to reduce
the planning requirements and diversion requirements specified in Pub-
lic Resources Code section 41780. To petition for a reduction, the juris-
diction shall present verification to the Board which indicates that
achievement of the requirements is not feasible. To qualify to petition for
a reduction in the diversion and planning requirements, a jurisdiction
must meet the following:
(1 ) For a rural city, have a geographic area of less than 3 square miles
or a population density of less than 1500 people per square mile and a
waste disposal rate of less than 1 00 cubic yards per day or 60 tons per day.
(2) For the unincorporated area of a rural county, the county's popula-
tion shall be 200,000 or less.
(3) For a rural regional agency, consist of rural cities and counties, not
to exceed more than two rural counties, unless authorized by the Board.
(4) Be located in a rural area. "Rural area" means those counties and
cities located in agricultural or mountainous areas of the state and located
outside the Departinent of Finance's Primary Metropolitan Statistical
Areas.
(b) Based on information presented at the hearing, the Board may es-
tablish reduced diversion requirements, and alternative, but less compre-
hensive, planning requirements. A petitioner may identify those specific
planning requirements from which it wants to be relieved and provide
justification for the reduction. Examples of reduced planning require-
ments could include, but would not be limited to, reduced requirements
for solid waste generation studies, and reduced requirements and consol-
idation of specific component requirements. These reduced planning re-
quirements, if granted, must ensure compliance with F*ublic Resources
Code section 41782.
(c) Rural jurisdictions requesting a reduction in the diversion and plan-
ning requirements must include the following information in the reduc-
tion petition:
(1) A general description of the existing disposal and diversion sys-
tems, including documentation of the types and quantities of waste dis-
posed and diverted. Documentation sources may include, but are not lim-
ited to, the following:
(A) Solid Waste Generation or Characterization Studies;
(B) Diversion data from public and private recycling operations;
(C) Current year waste loading information from permitted solid
waste facilities used by the jurisdiction;
(2) Identification of the specific reductions being requested (i.e., di-
version or planning requirements or both);
Page 806.124
Register 2000, No. 34; 8-25-2000
Title 14
California Integrated Waste Management Board
§ 18775.4
•
(3) Documentation of why attainment of mandated diversion and plan-
ning requirements is not feasible. Examples of documentation could in-
clude, but are not limited to:
(A) Evidence from the documentation sources specified in paragraph
(c)(1) of this section;
(B) Verification of existing solid waste budget revenues and expenses
from the duly authorized designated representative of the jurisdiction;
(4) The planning or diversion requirements that the jurisdiction feels
are achievable, and why.
(5) Documentation verifying that the airal city or county has implem-
ented those programs identified in Public Resources Code section
41787(a)(3).
(6) Documentation verifying that the rural regional agency has im-
plemented those regionwide programs identified in Public Resources
Code section 41787.1(c)(2).
MOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 401 83, 401 84, 40973, 41787, 41787. 1 , 41 787.2 and 41 802, Public Resources
Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1 -6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. New section filed 6-17-91 as an emergency; operative 6-17-91 (Register 91,
No. 35). A Certificate of Compliance must be transmitted to OAL by 10-15-91
or emergency language will be repealed by operation of law on the following
day.
7. Change without regulatory effect repealing section filed 7-1 1-91 pursuant to
secfion 100, title 1, California Code of Regulations (Register 92, No. 12).
8. New section filed 7-29-91 as an emergency; operadve 7-29-91 (Register 92,
No. 17). A Certificate of Compliance must be transmitted to OAL 1 1-26-91 or
emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-29-91 order including amendment of section
transmitted to OAL 3-24-92 and filed 5-4-92 (Register 92, No. 18).
1 0. Amendment of section heading, text and Note filed 1-3-94 as an emergency;
operative 1-3-94 (Register 94, No. 48). A Certificate of Compliance must be
transmitted to OAL by 1-3-97 or emergency language will be repealed by oper-
ation of law on the following day.
1 1 . Ed itorial correction adding HISTORY 5 and changes noted therein (Register 94,
No. 48).
12. Editorial correction restoring History Notes 1-5 and renumbering remaining
History Notes (Register 95, No. 19).
13. Amendment of subsection (d), new subsection (e) and subsection relettering
filed 1 1-21-95 as an emergency; operative 1 1-21-95 (Register 95, No. 47). A
Certificate of Compliance must be transmitted to OAL by 3-20-96 or emergen-
cy language will be repealed by operation of law on the following day.
14. Amendment of subsecfion (d), new subsection (e) and subsection relettering
refiled 3-15-96 as an emergency; operative 3-20-96 (Register 96, No. 1 1). A
Certificate of Compliance must be transmitted to OAL by 7-1 8-96 or emergen-
cy language will be repealed by operation of law on the following day.
15. Repealer of subsections (d)-(g) filed 6-5-96 as an emergency; operative
6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted
to OAL by 9-27-96 or emergency language will be repealed by operation of law
on the following day.
16. Repealer of subsections (d)-(g) refiled 9-25-96 as an emergency; operative
1 0-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted
to OAL by 1-3 1-97 or emergency language will be repealed by operation of law
on the following day.
1 7. Certificate of Compliance as to 9-25-96 order, including amendment of Note,
transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register 97, No. 3).
1 8. Certificate of Compliance as to 1-3-94 order, including amendment of section
and Note, transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No.
7).
19. Change without regulatory effect amending subsections (a)(l)-(2) and (a)(4)
filed 8-25-2000 pursuant to secfion 100, title 1 , California Code of Reguladons
(Register 2000, No. 34).
§18775.2. Sludge Diversion.
(a) Jurisdictions that wish to claim diversion of the waste type
"sludge" shall submit a written request to the Board pursuant to PRC
41781.1. Within 45 days of receipt of a jurisdiction's request, the Board
shall notify the jurisdiction in writing whether sufficient information has
been included in the request to enable the Board to make findings pur-
suant to PRC Section 41781.1. Requests that are found by the Board to
be incomplete, pursuant to the criterion set forth in this section, shall be
returned to the jurisdiction to correct any inadequacy. The Board shall
make the findings required by PRC Section 41781.1 at a public hearing
no later than 1 80 days after receipt of a complete request for sludge diver-
sion credit.
(1) A request for allowing sludge diversion shall include the following
information:
(A) Description of the selected diversion altemative(s);
(B) Projected annual quantity of sludge waste to be diverted through
the year 2000;
(C) Documentation that waste type "sludge" has been categorized,
quantified, and documented in the applicable "solid waste generation
study" as defined in section 18722 of this chapter;
(D) Written certification from the agent(s) responsible for implement-
ing the sludge diversion alternative that the intended sludge reuse meets
all applicable requirements of state and federal law. Information upon
which the above certification is based shall be made available to the
Board upon request.
(E) Description of monitoring program(s) that are in place or which
will be established to insure that the sludge diversion alternative will not
pose a threat to public health or the environment.
(F) If the sludge diversion alternative receives a permit or is identified
under an existing permit, waste discharge requirements, or has other con-
ditions imposed by one or more of the agencies specified in PRC Section
41 787. 1 , include the name of the agency(s) and identify the agency iden-
tification code or number for the permit, waste discharge requirements,
or other imposed conditions.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780 and 41781.1, Public Resources Code.
History
1. New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or
emergency language will be repealed by operafion of law on the following day.
2. Editorial correcfion adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including amendment of section,
transmitted to OAL 12-31-96 and filed 2-13-97 (Register 97, No. 7).
§ 18775.4. Use of Excluded Waste Types for Baseline
Diversion Credit.
(a) To establish baseline diversion, jurisdictions which have included
alternatives for the diversion of agricultural wastes, inert solids, or scrap
metals as defined in PRC section 41781.2(b), or white goods as defined
in Article 3 of this Chapter, shall follow the requirements specified in
PRC section 41781.2. Within 60 days of receipt of a jurisdiction's SRRE
for final review, the Board shall notify the jurisdiction in writing if there
is insufficient informafion to determine that the criteria specified in PRC
section 41781.2 have been met. This notificadon shall be based on the
criteria specified in PRC secfion 41801.5(b).
(b) If the Board disapproves an element for which a jurisdiction has
received a nofification of excluded wastes pursuant to PRC section
41801.5(b), the jurisdicfion may, concurrent with the procedures speci-
fied in secfion 18770 of this article, submit addifional information to the
Board which substanfiates that the criteria specified in PRC section
41781.2 have been met. Within 60 days of receipt of the addifional infor-
mafion, the Board shall determine whether diversion of all or a portion
of the excluded waste will be allowed for the purposes of compliance
with the diversion requirements of PRC secfion 41780.
(c) Based on the Board's determination in subsecfion (b), the jurisdic-
fion shall update or revise, if necessary, its SRRE to correct any inade-
quacy and shall resubmit it to the Board within 120 days of the Board's
determinafion. If a jurisdicfion is unable to resubmit its updated or re-
Page 806.125
Register 2001, No. 26; 6-29-2001
§ 18776
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
vised SRRE within 120 days, the Board may, on a case-by-case basis,
extend the deadline for resubmittal. Upon receipt of a resubmitted ele-
ment, the Board shall follow the procedures specified in section 18770
of this article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780, 41781.2, 41801.5 and 41811.5, Public Resources Code.
History
1 . New section filed 1-3-94 as an emergency; operative 1-3-94 (Register 94, No.
48). A Certificate of Compliance must be transmitted to OAL by 1-3-97 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction adding section and History 1 (Register 94, No. 48).
3. Certificate of Compliance as to 1-3-94 order, including amendment of subsec-
tions (b) and (c), transmitted to OAL 12-31-96 and filed 2-1 3-97 (Register 97.
No. 7).
Article 8. Procedures for Preparing and
Revising Siting Elements, Summary Plans,
and Countywide and Regional Agency
Integrated Waste Management Plans
§ 18776. Procedures for the Preparation and Submittal of
the Siting Element and Summary Plan.
(a) Except as provided in subsection (b)(3)(B) of this section, each
county shall prepare and adopt a Siting Element and a Summary Plan
which shall be part of the Countywide Integrated Waste Management
Plan (CIWMP), pursuant to Public Resources Code sections 41700
through 41826.
(b) Where a regional agency has been formed, the following require-
ments shall apply:
(1) Each regional agency composed of member agencies that do not
extend beyond the boundaries of a single county and does include the
unincorporated area of the county, shall prepare and submit to the Board
a Siting Element and a Summary Plan which shall be part of the CIWMP.
(2) Each regional agency composed of member agencies that do not
extend beyond the boundaries of a single county, but does not include the
unincorporated area of the county, shall be included in the documents
prepared pursuant to subsection (a) of this section for the preparation and
submittal of the Siting Element and Summary Plan.
(3) Each regional agency composed of two or more counties and all
cities within those counties, shall prepare and submit to the Board one of
the following as part of the Regional Agency Integrated Waste Manage-
ment Plan (RAIWMP):
(A) a countywide Siting Element and Summary Plan for each county
within the regional agency; or
(B) a regionwide Siting Element and Summary Plan for the regional
agency.
(4) Each regional agency composed of more than one county, but
which does not include all of the cities within those counties, shall be in-
cluded in the documents prepared pursuant to subsection (a) of this sec-
tion for the preparation and submittal of the Siting Element and Summary
Plan for each county of the regional agency.
(5) Each regional agency composed of more than one county, and
which includes all of the cities and the unincorporated area within at least
one of those counties, but not all of the cities within the other county(ies),
shall prepare and submit to the Board a Siting Element and Summary
Plan as part of the RAIWMP for each county that is wholly encompassed
in the regional agency.
(c) Each county and regional agency shall designate the agency re-
sponsible for preparing its Siting Element and Summary Plan; and shall
notify the Board, in writing, within 30 days of the effective date of this
article or the formation of a regional agency. Each county and regional
agency shall notify the Board, in writing, of any change in the designation
of a responsible agency within 30 days of the change.
(d) For the purposes of this article, "countywide" shall be defined as
including the incorporated cities within the county and the unincorpo-
rated areas of the county. For purposes of this article, "county" shall in-
clude the Board of Supervisors as the legislative and executive body of
county government, and any designated agency responsible for solid
waste management.
(e) For the purposes of this article, "regionwide" shall be defined as
including the member agencies of a regional agency. For the purposes of
this article, "regional agency" shall be the governing entity created by a
voluntary agreement between cities and/or counties to carry out the man-
dates of Public Resources Code section 41780. A city or county which
is a party to such an agreement shall be considered a "member agency"
of the regional agency. A regional agency may authorize one district, as
defined in subdivision (a) of Section 41821.2 of the Public Resources
Code, to be included as a member of the regional agency.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40051, 40970-40975, 40977, 41700, 41701, 41702, 41703, 41704, 41750,
41750.1, 41751, 41791 and 41821.2, Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-1 4-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-1 5-9 1 order, including amendment of subsec-
tions (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91,
No. 37).
7. Change without regulatory effect amending subsection (c) filed 7-11-91 pur-
suant to section 100, Utle 1, California Code of Regulations (Register 92, No.
12).
8. Amendment of article heading, section heading and subsecfion (a), repealer of
subsection (b) and new subsections (b)-(b)(5), amendment of subsection (c), re-
pealer of subsection (d) and new subsections (d)-(e) and amendment of Note
filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
9. Change without regulatory effect amending subsection (e) and amending Note
filed 6-26-2001 pursuant to section 100, title 1 , California Code of Regulations
(Register2001,No. 26).
§ 1 8777. Role of the Lock Task Force.
(a) The role of the Local Task Force (LTF) shall be to assist and advise
the agency (ies) responsible for preparation of the Siting Element and the
Summary Plan. The LTF shall guide the preparation and review of these
documents prior to their circulation to reviewing agencies and to the
Board, to aid in ensuring that the county or regional agency adequately
plans for meeting future solid waste handling and disposal needs.
(b) Within 30 days of its establishment, the LTF shall determine and
verify the remaining permitted combined disposal capacity of existing
solid waste disposal facilities in the county or regional agency.
(c) If the county and the cities within the county determine that the re-
presentation of the current LTF is not adequately addressing the needs of
the county, cities, or public, a new LTF may be established. The new LTF
membership shall be approved as described in Public Resources Code
Section 40950. Within 30 days of the establishment of the new LTF, a
membership roster containing the names, phone numbers, and member
representation shall be sent to the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40001, 40950, 41751 and 41791, PubUc Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14—90
or emergency language will be repealed by operation of law on the following
day.
Page 806.126
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18779
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Regis-
ter 91. No. 13).
4, Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
3. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
tions (a), transmitted to OAL 4-29-9 1 and filed 5-29-9 1 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-1 1-91 pur-
suant to section TOO, title 1, California Code of Regulations (Register 92, No.
12).
8. Amendment of section heading and subsecfions (a)-(b), repealer of subsections
(b)(l)-(2), new subsection (c) and amendment of Noxiz filed 7-22-94; opera-
tive 8-22-94 (Register 94, No. 29).
§ 18778. Public Participation in the Preparation of the
Preliminary Draft Siting Element and
Summary Plan.
(a) The general public, affected governmental entities, and private in-
dustries shall be given an opportunity to comment on the development
and implementation of the preliminary Siting Element and Summary
Plan at informative meetings and public hearings.
(1) The agency(ies) responsible for preparing the preliminary Siting
Element and Summary Plan shall hold at least one public meeting to re-
ceive public comment on these preliminary draft documents. Notice of
the public meeting shall be provided pursuant to section 18782 of this ar-
ticle.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900 and 41793, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-9 1 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a)(1) filed 7-11-91
pursuant to section 1 00, title 1 , California Code of Regulations (Register 92, No.
12).
8. Amendment of section heading, text and Note filed 7-22-94; operative
8-22-94 (Register 94, No. 29).
§ 1 8779. Procedures for the Preparation and Review of the
Preliminary Draft Siting Element and Summary
Plan.
(a) Preparation of the Preliininary Draft Siting Element and Summary
Plan. Each county and regional agency shall prepare a preliminary draft
of its Siting Element and Summary Plan. The agency(ies) responsible for
preparation of the preliminary draft(s) shall consider LTF recommenda-
tions and public input during the development and revision phases. The
preliminary draft(s) shall be sent to the LTF, incorporated cities within
the county, member agencies within the regional agency, and the Board.
(b) Review by LTF. The preliminary draft Siting Element and Summa-
ry Plan shall be reviewed by the LTF. Within 45 days of receipt of each
preliminary draft, the LTF shall send written comments to the Board and
to the agency preparing each preliminary draft document.
(c) Review by Incorporated Cities. Within 45 days of receipt of the
preliminary draft Siting Element and Summary Plan, each incorporated
city within the county and regional agency, shall review each preliminary
draft and send written comments to the agency responsible for preparing
each preliminary draft document.
(d) Review by Member Agencies. Within 45 days of receipt of the pre-
liminary draft Siting Element and Summary Plan, each member agency
within the regional agency, shall review each preliminary draft and send
written comments to the agency responsible for preparing each prelimi-
nary draft document.
(e) Review by the Board. Three hardcopies of the the preliminary draft
Siting Element and Summary Plan or two hardcopies and two magneti-
cally coded disks in a Board approved format shall be submitted to the
Board. Within 45 days of receipt of the required copies of the the prelimi-
nary draft Siting Element and Summary Plan, the Board shall send writ-
ten comments on the adequacy of each preliminary draft to meet the re-
quirements of the Integrated Waste Management Act of 1989, as
amended, to the agency responsible for preparing each draft document.
A copy of the Board's preliminary draft Siting Element and Summary
Plan comments shall be simultaneously sent to the LTF.
(f) Other Agencies. A copy of the the preliminary draft Siting Element
and Summary Plan shall be submitted to all associations of governments
and to any Local Enforcement Agency located within the boundaries of
the county or regional agency. Within 45 days of receipt of the the prelim-
inary draft Siting Element and Summary Plan, each of those agencies re-
ceiving a copy may send written comments to the agency responsible for
preparing the preliminary draft document.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750, 41751 and
41791, Public Resources Code.
[The next page is 806. 127.]
Page 806.126(a)
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18782
History
1 . New section tiled 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Cenificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tions (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register
91, No. 37).
7. Change without regulatoi^y effect amending subsection (a) filed 7-1 1-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
12).
8. Amendment of secfion heading and subsections (a)-(c), new subsections (d)-(f)
and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No.
29).
§ 18780. Procedures for the Preparation of the Final Draft
Siting Element and Summary Plan.
No later than 105 days after the close of the 45 day review period for
the preliminary draft Siting Eleinent and Summary Plan, the agency re-
sponsible for preparing each draft document shall respond in writing to
each comment received on each preliminary draft, and prepare the final
draft Siting Element and Summary Plan.
(a) A copy of the final draft countywide Siting Element and Summary
Plan, including a copy of the written responses to comments received,
shall be sent to the LTF, each incorporated city in the county, each Local
Enforcement Agency (LEA) in the county, applicable associations of
governments, and any regional agencies in the county.
(b) A copy of the final draft regionwide Siting Element and Summary
Plan, including a copy of the written responses to comments received,
shall be sent to each member agency of the regional agency formed pur-
suant to section 18776(b)(3) of this chapter, each LTF and LEA in the re-
gional agency, and applicable associations of governments.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750 and 41751, Pub-
lic Resources Code.
History
L New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operafive 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order transmitted to OAL 4-29-9 1 and
filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading and first paragraph, new subsections (a)-(b) and
amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§ 1 8781 . Local Task Force Review Process.
(a) Within 45 days of receipt of the final draft Siting Element and Sum-
mary Plan, the LTF shall provide written comments to the following:
( 1 ) the county or regional agency responsible for the preparation of the
final draft Siting Element and Summary Plan;
(2) each incorporated city within the county or each member agency
within the regional agency;
(3) each regional agency within the county; and
(4) the Board.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40950 and 41751, Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-1 7-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tions (a) and (b), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91,
No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pur-
suant to secfion 100, fitle 1, California Code of Regulafions (Register 92, No.
12).
8. Amendment of section heading, repealer of subsecfions (a)-(c), new subsec-
tions (a)-(a)(4) and amendment of Note filed 7-22-94; operative 8-22-94
(Register 94, No. 29).
§ 18782. Notice Requirements for Public Hearings.
(a) At least 30 days in advance of the scheduled public hearing to take
coinments on the preliminary draft Siting Element and Summary Plan as
specified in CCR section 18778 of this article, the county shall publish
a notice of the public hearing in a local newspaper of general circulation.
(b) At least 30 days in advance of the scheduled public hearing for the
purposes of adopting the final draft Siting Element and Summary Plan,
as specified in CCR section 18783 of this article, each incorporated city
within the county and the county or designee shall publish a notice of the
public hearing in a local newspaper of general circulation.
(c) At least 30 days in advance of the scheduled public hearing to take
comments on the preliminary draft Siting Element and Summary Plan,
as specified in CCR section 18778 of this article, the regional agency
formed pursuant to section 18776(b)(3) of this article shall publish a no-
tice of the public hearing in a local newspaper of general circulation.
(d) At least 30 days in advance of the scheduled public hearing for the
purpose of adopting the final draft Siting Element and Summary Plan, as
specified in CCR section 1 8783 of this article, each member agency with-
in the regional agency and the regional agency shall publish a notice of
the public hearing in a local newspaper of general circulation.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41793. Public Resources Code.
History
1. New secfion filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulafions approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2-1 5-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
Page 806.127
Register 97, No. 3; 1-17-97
§ 18783
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
6. Certificate of Compliance as to 2-15-91 order, including amendment of first
paragraph, transmitted to OAL 4-29-91 and filed 5-29-91 (Recister 91, No.
37).
7. Amendment of section heading, designation and amendment of subsection (a),
new subsections (b)-(c) and amendment of Note filed 7-22-94; operative
8-22-94 (Register 94, No. 29).
§ 18783. Local Adoption of the Final Draft Siting Element
and Summary Plan, and the Countywide and
Regional Agency Integrated Waste
Management Plans.
(a) Local adoption of the CIWMP will occur when the final draft Siting
Element and Summary Plan are adopted by the county and the cities with-
in the county as described in Public Resources Code section 4172] and
41 760. A final draft Siting Element and Summary Plan submitted for lo-
cal adoption shall be accompanied by environmental documentation ver-
ifying compHance with the California Environmental Quality Act
(CEQA), pursuant to Public Resources Code sections 21000 et seq.
(1 ) Each incorporated city in the county, and the county, shall conduct
a public hearing for the purpose of adopting the final draft Siting Element
and Summary Plan. After considering all public comments, the county
and each city within the county shall, by resolution, either approve or dis-
approve the final draft Siting Element and Summary Plan. Failure by a
city to take action on the Siting Element or Summary Plan shall be
deemed an approval of the Siting Plan or Summary Plan by that city.
(2) If the final draft Siting Element and Summary Plan are not ap-
proved by the county and the cities within the county, pursuant to PRC
sections 41721 and 41760, then the county shall revise the deficient areas
within 90 days of the close of the local jurisdiction review period speci-
fied in PRC section 41721 and recirculate them for local approval, pur-
suant to sections 1 8780 through 1 8785 of this article. These revised docu-
ments shall be approved as described in Pubhc Resources Code sections
41721 and 41760.
(b) Local adoption of the RAIWMP for a regional agency preparing
documents pursuant to section 18776(b)(3)(A) and (5) of this article will
occur when the final draft Siting Element and Summary Plan from each
county that makes up the regional agency have been adopted by the
county and cities within the county. These revised documents shall be ap-
proved as described in Public Resources Code sections 41721 and 41760.
A final draft Siting Element and Summary Plan shall be accompanied by
environmental documentation verifying compliance with CEQA, pur-
suant to Pubhc Resources Code sections 21000 et seq.
(1) Each incorporated city in the county, and each county, shall con-
duct a public hearing for the purpose of adopting the final draft Siting Ele-
ment and Summary Plan. After considering all pubhc comments, each
county and each city within the county shall, by resolution, either ap-
prove or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not ap-
proved by each county and the cities within each county as described in
Public Resources Code sections 41721 and 41760, then the county re-
sponsible for preparing the final draft Siting Element and Summary Plan
shall revise the deficient areas within 90 days of the close of the local ju-
risdiction review period specified in PRC section 41721 and recirculate
them for local approval, pursuant to sections 18780 through 18785 of this
article.
(c) Local adoption of the RAIWMP for a regional agency preparing
documents pursuant to section 18776(b)(3)(B) of this article will occur
when the final draft Siting Element and Summary Plan have been ap-
proved by the regional agency and by a majority of the member agencies
within the regional agency except in those regional agencies which have
only two member agencies, in which case the Siting Element and Sum-
mary Plan are subject to approval of the member agency which contains
a majority of the population of the member agencies of the county. Each
member agency shall act upon the Siting Element and the Summary Plan
within 90 days after receipt of the documents. If a member agency fails
to act upon the Siting Element and Summary Plan within 90 days after
receipt of the element and plan, the member agency shall be deemed to
have approved the Siting Element and Summary Plan as submitted. A fi-
nal draft Siting Element and Summary Plan submitted for local adoption
shall be accompanied by environmental documentation verifying com-
pliance with CEQA, pursuant to Public Resources Code sections 21000
et seq.
(1) Each member agency, and the regional agency, shall conduct a
public hearing for the purpose of adopting the final draft Siting Element
and Summary Plan. After considering all public comments, the regional
agency and each member agency within the regional agency shall, by res-
olution, either approve or disapprove the final draft Siting Element and
Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not ap-
proved as provided in subsection (c) of this section, then the regional
agency responsible for preparing the final draft Siting Element and Sum-
mary Plan shall revise the deficient areas within 90 days of the close of
the local jurisdiction review period specified in PRC section 41721 and
recirculate them for local approval, pursuant to sections 18780 through
18785 of this article. These revised documents shall be approved as de-
scribed in subsection (c) above.
(d) Local approval of the RAIWMP for a regional agency formed pur-
suant to section 18776(b)(4) of this article will occur when the final draft
Siting Element and Summary Plan for each county where the regional
agency exists have been adopted by the cities and each county. The final
draft Siting Element and Summary Plan shall be approved as described
in Public Resources Code sections 41 721 and 41760. A final draft Siting
Element and Summary Plan submitted for local adoption shall be accom-
panied by environmental documentation verifying compliance with
CEQA, pursuant to Public Resources Code sections 21000 et seq.
(1) Each incorporated city in each county, and each county, shall con-
duct a pubhc hearing for the purpose of adopting the final draft Siting Ele-
ment and Summary Plan. After considering all public comments, each
county and city within each county shall, by resolution, either approve
or disapprove the final draft Siting Element and Summary Plan.
(2) If the final draft Siting Element and Summary Plan are not ap-
proved by each county and cities within each county, then each county
shall revise the deficient areas within 90 days of the close of the local ju-
risdiction review period specified in PRC section 41721 of this article
and recirculate them for local approval, pursuant to sections 18780
through 18785 of this article. These documents shall be approved as de-
scribed in Public Resources Code section 41721 and 41760. These re-
vised documents shall be approved as described in this subsection (d)
above.
(e) If a jurisdiction or member agency disapproves the Siting Element
or the Summary Plan, the jurisdiction or member agency shall give writ-
ten notification to the LTF, the County Board of Supervisors and the
Board of the deficient areas in the Siting Element or the Summary Plan
within 30 days of disapproval.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40950, 40971, 41000, 41720, 41721, 41751 and 41760, Public Resources
Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operafive 2-15-91 (Register91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operafion of law on the following
day.
6. Certificate of Compl iance as to 2-1 5-9 1 order, including amendment of subsec-
tions (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register
91, No. 37).
Page 806.128
Register 97, No. 3; 1-17-97
Title 14
California Integrated Waste Management Board
§ 18785
7. Change without regulatory effect amending subsection (c) and reference cites
filed 7-1 1-91 pursuant to section 100, title 1, California Code of Regulations
(Register91,No. 37).
8. Amendment of section heading and subsection (a), new subsections (a)(l)-(2),
repealer of subsections (b)-(b)(l) and new subsections (b)-(b)(2), repealer and
new subsection (c), redesignation and amendment of subsection (c)(1) to sub-
section (e), new subsections (c)(l)-(d)(2) and amendment of Note filed
7-22-94; operative 8-22-94 (Register 94, No. 29).
§ 18784. Submittal of Countywide and Regional Agency
Integrated Waste Management Plan to the
Board for Approval.
(a) Within 30 days of the local adoption of the CIWMP, as provided
in section 18783 of this article, the county shall submit, unless any of
these documents have been submitted pursuant to the requirements of
this chapter, three hardcopies, or two hardcopies and two magnetically
coded disks in a format approved by Board staff, of the following to the
Board:
(1) for a county with no regional agency within its boundaries, a
CIWMP consisting of the Source Reduction and Recycling Elements
(SRRE's), Household Hazardous Waste Elements (HHWE's), and Non-
disposal Facility Elements (NDFE's) for the county and each city within
the county, and the Siting Element and Summary Plan.
(2) for a county which contains one or more regional agencies the
CIWMP shall include:
(A) a SRRE, HHWE, and NDFE for each city that is not a member
agency of the regional agency and for the county if it is not a member
agency of the regional agency;
(B) a SRRE, HHWE, and NDFE for each city that is a member agency
of the regional agency and for the county if it is a member agency of the
regional agency, or the SRRE, HHWE, and NDFE for the regional
agency, if the regional agency has elected to prepare one or more of these
documents as a regional agency;
(C) a countywide Siting Element and Summary Plan.
(3) a copy of the agreement forming a regional agency pursuant to
Public Resources Code section 40975;
(4) a copy of each jurisdiction's resolution adopting its SRRE, HHWE,
and NDFE, and approving or disapproving the Siting Element and Sum-
mary Plan;
(5) a copy of the public notices for each jurisdiction's public hearings
on the SRRE, HHWE, NDFE, Siting Element and Summary Plan;
(6) a copy of the Notice of Determination, for the project's CEQA doc-
ument(s), which has been filed with the State Clearinghouse in the Office
of Planning and Research;
(7) a tabulation showing that the Siting Element and Summary Plan
were approved by the county and the cities within the county in accor-
dance with sections 41721 and 41760 of the Public Resources Code.
(b) Within 30 days of the local adoption of the RAIWMP, as provided
in section 18783 of this article, the regional agency shall submit, unless
these documents have already been submitted pursuant to the require-
ments of this chapter, three hardcopies, or two hardcopies and two mag-
netically coded disks in a format approved by Board staff, of the follow-
ing to the Board:
(1 ) for a regional agency composed of two or more counties and all of
the cities within those counties, the RAIWMP shall include either:
(A) a SRRE, HHWE, and NDFE for each city and county which are
member agencies of the regional agency and the Siting Element and
Summary Plan for each county; or
(B) a SRRE, HHWE, NDFE, Siting Element, and Summary Plan for
the regional agency.
(2) for a regional agency composed of more than one county, but
which does not encompass all of the cities within those counties, a
RAIWMP consisting of a SRRE and HHWE, and a NDFE for the region-
al agency;
(3) for a regional agency composed of more than one county, and
which includes all of the cities and the unincorporated area within at least
one of those counties, but not all of the cities within the other county(ies),
the RAIWMP shall include a SRRE and HHWE for the regional agency,
a NDFE for each city and the county that is a member agency of the re-
gional agency, and a Siting Element and Summary Plan for each county
that is wholly encompassed by the regional agency.
(4) a copy of the agreement forming a regional agency pursuant to
Public Resources Code section 40975;
(5) a copy of each jurisdiction's resolution adopting its SRRE, HHWE,
and approving or disapproving the Siting Element and Summary Plan;
(6) a copy of the public notices for each jurisdiction's public hearing
on the applicable preliminary draft and final draft SRRE, HHWE. and
Siting Element and Summary Plan;
(7) a copy of the Notice of Determination, for the project's CEQA doc-
ument(s), which has been filed with the State Clearinghouse in the Office
of Planning and Research;
(8) a tabulation showing that the Siting Element and Summary Plan
were approved by the county and the cities within the county in accor-
dance with sections 41721 and 47160 of the Public Resources Code or
by each member agency of a regional agency in accordance with section
1 8783(c) of this article.
(c) The Board's 120 day review period for consideration of approval
of the Siting Element and the Summary Plan will commence upon deter-
mination by the Board that the accompanying documents required in sec-
tion 1 8784 of this article have been submitted and are included or refer-
enced by the submitting jurisdiction.
(1) Within 30 days of receipt of the Siting Element and the Summary
Plan submitted for approval, the Board shall indicate to the submitting
jurisdiction whether all requirements in section 18784 of this article have
been fulfilled. If the jurisdiction is notified that the required documents
have not been submitted, the jurisdiction shall submit the remaining doc-
ument(s) within 30 days of notification.
NOTE: Authority cited: Section 40302, Public Resources Code. Reference: Sec-
tions 40975, 41720, 41721, 41760, 41790, 41791 and 41793, Public Resources
Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
tions (a)(]), (a)(2), (a)(3), (a)(5) and section heading transmitted to OAL
4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (a) filed 7-11-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
12).
8. Amendment of section heading and subsection (a), repealer of subsection (a)(1)
and new subsections (a)(l)-(3), redesignation and amendment of subsections
(a)(2)-(5) to subsections (a)(4)-(7), new subsections (b)-(c)( 1 ) and amendment
of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§ 18785. Board Approval of Countywide and Regional
Agency Integrated Waste Management Plan.
(a) Following submittal of a locally adopted CIWMP or RAIWMP to
the Board, the Board shall have at least 90 days, but not more than 120
days, with a median of 105 days, to review and act upon the CIWMP or
RAIWMP. The Board, at a public hearing, shall determine whether the
CIWMP or RAIWMP meets the requirements of the California Inte-
grated Waste Management Act of 1989 as amended. After considering
public testimony, input from the LTF, and written comments, the Board
shall approve, conditionally approve, or disapprove the CIWMP or
RAIWMP. The Board shall either adopt a resolution approving or condi-
Page 806.129
Register 97, No. 3; 1-17-97
§ 18786
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
tionally approving the CTWMP or RAIWMP, or issue a Notice identify-
ing deficiencies in the CIWMP or RAIWMP.
(b) Within 30 days of approval, conditional approval, or disapproval
of a CIWMP or RAI WP, the Board will send a copy of the resolution of
approval or conditional approval, or a Notice identifying the deficiencies
to the jurisdiction(s) responsible for preparation of the CIWMP or
RAIWMP and any Element containing deficiencies.
(1) In a Notice of Deficiency, the Board shall identify the deficient
areas in a CIWMP or RAIWMP and provide a vi'ritten analysis of why
these areas are deficient and provide recommendations to correct defi-
cient areas.
NOTE: Authority cited: Section 40502. Public Resources Code; and Section
15736, Government Code. Reference: Sections 41790, 41800, 41801 and 41810,
Public Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-1 7-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial coiTection of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-9 1 as an emergency; operative 2-15-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsec-
tion (a), new subsection (b)(1) and new section heading, transmitted to OAL
4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 7-22-94; operative
8-22-94 (Register 94, No. 29).
§ 18786. Resubmittal of Countywide and Regional Agency
Integrated Waste Management Plans or
Designated Sections of Countywide and
Regional Agency Integrated Waste
Management Plans After a Finding of
Deficiency.
A county or regional agency shall modify and resubmit the modified
sections of the CIWMP or RAIWMP which were identified in the Notice
of Deficiency, in accordance with the requirements of Public Resources
Code sections 418H, 4]8n.5, and 41812 and with sections 18780
through 18784 of this article. If a county or regional agency is unable to
submit a modified CIWMP or RAIWMP within 1 20 days of receipt of the
Notice of Deficiency, then within 45 days of receipt of the Notice of Defi-
ciency, a county or regional agency shall submit a modification schedule
and an explanation of the need for extension to the Board.
Note; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41790, 41810, 41811, 41812 and 41813, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate ofCompliance must be transmitted to OAL by 11-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correction of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-1 5-91 (Register91,
No. 13). A Certificate of Comphance must be transnnitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-15-9 1 order, including amendment of secfion
heading, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Amendment of section heading, text and Note filed 7-22-94; operative
8-22-94 (Register 94, No. 29).
§ 18787. Annual Review of Progress Towards Solid Waste
Disposal Goals.
NOTE: Authority: Section 40502, Public Resources Code. Reference: Sections
40051, 40052. 41701, 41750. 41751, 41760 and 41821, Pubhc Resources Code.
History
1 . New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90.
No. 37). A Certificate ofCompliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate ofCompliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code secfion 1 1346.1(e) (Register 91, No. 13).
5. New section refiled 2-1 5-91 as an emergency; operative 2-1 5-91 (Register 91.
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. Certificate ofCompliance as to 2-1 5-91 order, including amendment of subsec-
tion (a) and section heading, transmitted to OAL 4-29-91 and filed 5-29-91
(Register 91. No. 37).
7. Change without regulatory effect repealing subsection (a)(1)(H) and amending
(a)(3) filed 7-1 1-91 pursuant to section 100, title 1, California Code of Regula-
fions (Register 92, No. 12).
8. Amendment of secfion heading and subsection (a), repealer of subsections
(a)( 1 )-(a)( 1 )(G) and new subsections (a)( 1 )-(7), redesignation and amendment
of subsections (a)(2)-(3) to subsection (b), repealer of subsection (a)(4) and
amendment of Note filed 7-22-94; operafive 8-22-94 (Register 94, No. 29).
9. Amendment of subsecfion (a) filed 11-21-95 as an emergency; operative
11-21-95 (Register 95, No. 47). A Certificate ofCompliance must be trans-
mitted to OAL by 3-20-96 or emergency language will be repealed by opera-
fion of law on the following day.
10. Amendment of subsecfion (a) refiled 3-15-96 as an emergency; operafive
3-20-96 (Register 96, No. 1 1 ). A Certificate ofCompliance must be transmitted
to OAL by 7- 1 8-96 or emergency language will be repealed by operation of law
on the following day.
1 1. Repealer filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
12. Repealer refiled 9-25-96 as an emergency; operafive 10-3-96 (Register 96,
No. 39). A Certificate of CompUance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
13. Certificate ofCompliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 18788. Five-Year Review and Revision of the
Countywide or Regional Agency Integrated
Waste Management Plan.
(a) CIWMP or RAIWMP Review. Prior to the fifth anniversary of
Board approval of a CIWMP or RAIWMP, or its most recent revision,
the LTF shall complete a review of the CIWMP or RAIWMP in accor-
dance with Public Resources Code sections 40051, 40052, and 41822, to
assure that the county's and regional agency's waste management prac-
tices remains consistent with the hierarchy of waste management prac-
tices defined in Public Resources Code, section 40051.
(1) Prior to the fifth anniversary of Board approval of the CIWMP or
RAIWMP, the LTF shall submit written coinments on areas of the
CIWMP or RAIWMP which require revision, if any, to the county or re-
gional agency and the Board.
(2) Within 45 days of receiving LTF comments, the county or regional
agency shall determine if a revision is necessary, and notify the LTF and
the Board of its findings in a CIWMP or RAIWMP Review Report.
(3) When preparing the CIWMP or RAIWMP Review Report the
county or regional agency shall address at least the following:
(A) changes in demographics in the county or regional agency;
(B) changes in quantities of waste within the county or regional
agency;
Page 806.130
Register 97, No. 3; 1-17-97
Title 14
California Integrated Waste Management Board
§ 18794.0
•
•
(C) changes in funding sources for administration of the Siting Ele-
ment and Summary Plan;
(D) changes in administrative responsibilities;
(E) programs that were scheduled to be implemented but were not, a
statement as to why they were not implemented, the progress of programs
that were implemented, a statement as to whether programs are meeting
their goals, and if not what contingency measures are being enacted to
ensure compliance with Public Resources Code section 41751;
(F) changes in permitted disposal capacity, and quantities of waste dis-
posed of in the county or regional agency;
(G) changes in available markets for recyclable materials; and
(H) changes in the implementation schedule.
(4) Within 90 days of receipt of the CI WMP or R AIWMP Review Re-
port, the Board shall review the county's or regional agency's findings,
and at a public hearing, approve or disapprove the county's or regional
agency's findings. Within 30 days of its action, the Board shall send a
copy of its resolution, approving or disapproving the county 's or regional
agency's findings, to the LTF and the county or regional agency. If the
Board has identified additional areas that require revision, the Board
shall identify those areas in its resolution.
(b) CIWMP or RAIWMP Revision. If a revision is necessary the
county or regional agency shall submit a CIWMP or RAIWMP revision
schedule to the Board.
(1) The county or regional agency shall revise the CIWMP or
RAIWMP in the areas noted as deficient in the CIWMP or RAIWMP Re-
view Report and/or as identified by the Board.
(2) The county or regional agency shall revise and resubmit its
CIWMP or RAIWMP pursuant to the requirements of sections 18780
through 18784of this article.
(c) The county shall submit all revisions of its CIWMP to the Board
for approval. The revised CIWMP shall be reviewed pursuant to the re-
quirements of sections 18784 through 18786 of this article.
(d) The regional agency shall submit all revisions of its RAIWMP to
the Board for approval. The revised RAIWMP shall be reviewed pur-
suant to the requirements of sections 18784 through 18786 of this article.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40051, 40052, 41750, 41760, 41770, and 41822, Public Resources Code.
History
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90,
No. 37). A Certificate of Compliance must be transmitted to OAL by 1 1-14-90
or emergency language will be repealed by operation of law on the following
day.
3. Editorial correcfion of Certificate of Compliance due date in History 2 (Regis-
ter 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL
1 1-6-90 but never filed with Secretary of State. Section repealed by operation
of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
6. CertificateofComplianceasto2-15-91 order, including amendment of section,
renumbering of prior subsection (b) to subsection (a)(3), new subsection (b) and
amendment of section heading, transmitted to OAL 4-29-91 and filed 5-29-91
(Register 91, No. 37).
7. Amendment of secfion heading and subsecfions (a)-(a)(3)(G), new subsection
(a)(3)(H), amendment of subsections (a)(4)-(b)(2), new subsections (c)-(d) and
amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§ 1 8789. Board Approval of the Plan Revision.
NOTE: Authority cited: Sections 40502 and 41824, Public Resources Code; and
Secfion 15376, Government Code. Reference: Sections 41790, 41800, 41801,
41810 and 41822, PubUc Resources Code.
History
1 . Certificate of Compliance as to 2-19-91 order, including repeal of prior section
18789 and amendment and renumbering of prior section 18790 to section
18789, transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
For prior history, see Register 91, No. 13.
2. Repealer filed 7-22-94; operadve 8-22-94 (Register 94, No. 29).
§ 18790. Resubmittal of a Deficient Plan Revision.
NOTE: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41790, 41810, 4181 1, 41812 and 41813, Public Resources Code.
History
1. Certificate of Compliance as to 2-15-91 order, including amendment and re-
numbering of prior section 18791 to section 18790, transmitted to OAL
4-29-91 and filed 5-29-91 (Register 91, No. 37). For prior history, see Register
91, No. 13.
2. Repealer filed 7-22-94; operative 8-22-94 (Register 94, No. 29).
§ 18791. Resubmittal of a Deficient Plan Revision.
Note: Authority cited: Sections 40502 and 41 824, Public Resources Code. Refer-
ence: Sections 41790, 41810, 4181 1, 41812 and 41813, Public Resources Code.
History
1. Certificate of Compliance as to 2-15-91 order, including amendment and re-
numbering of prior section 18791 to secfion 18790, transmitted to OAL
4-29-9 1 and filed 5-29-9 1 (Register 9 1 , No. 37). For prior history, see Register
91, No. 13.
Article 9.0. Annual Report Regulations
§ 18794.0. General Requirements and Due Dates.
(a) Each jurisdiction shall submit an annual report that discusses the
progress achieved in implementing the programs and/or facilities de-
scribed in a jurisdiction's Planning Documents. Planning Documents in-
clude the Source Reduction and Recycling Element (SRRE), Household
Hazardous Waste Element (HHWE), Nondisposal Facility Element
(NDFE), Siting Element (SE), Summary Plan, or Petition for Reduction.
(b) The annual report shall also discuss the progress a jurisdiction has
made in achieving the disposal reduction goals required by Public Re-
sources Code (PRC) section 41780.
(c) A jurisdiction includes a City, County, City and County, or Region-
al Agency, as defined in Section 18801.
(d) The annual report will serve as a basis for determining if any of the
Planning Documents need to be revised to reflect new or changed local
and regional solid waste management programs, facilities, and other con-
ditions, as well as to determine compliance with the mandated disposal
reduction goals.
(e) Jurisdictions shall submit the annual report as follows:
(1) Jurisdictions with Planning Documents approved or conditionally
approved prior to January 1, 1996, shall submit their first annual report
on these approved documents by August 1, 1996.
(2) Jurisdictions that did not have any Planning Documents approved
or conditionally approved prior to January 1, 1996 shall submit their first
annual report by August I of the year following Board-approval or con-
ditional approval of a Planning Document.
(3) Jurisdictions shall submit subsequent annual reports every August
I thereafter, that address all of a jurisdiction's Planning Documents that
have been approved or conditionally approved by the Board either dur-
ing, or prior to, the previous calendar year.
(f) Jurisdictions shall submit three copies of the annual report.
(g) If a jurisdiction includes information on disaster wastes in its annu-
al report, "disaster" shall mean a natural catastrophe such as an earth-
quake, fire, flood, landslide, or volcanic eruption, or, regardless of cause,
any explosion, fire, or flood. In order to be considered a disaster, a local
emergency or a state of emergency shall have been duly proclaimed.
(h)(1) For the purposes of this Article, "district" means a community
service district that provides solid waste handling services or implements
source reduction and recycling programs. Commencing on July 1 , 2001,
a "district" also includes a sanitary district that provides solid waste han-
dling services or implements source reduction and recycling programs.
(2) Each district shall provide the city, county, or regional agency in
which it is located, information on the programs implemented by the dis-
trict and the amount of waste disposed and diverted within the district.
(3) This information shall be supplied to the city, county, or regional
agency so that it may be incorporated into the annual report.
NotE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tions 40050, 40051, 40052, 40901, 41000, 41300. 41500, 41510, 41700, 41730,
41731, 41750, 41750.1, 41751, 41780, 41801.5, 41821, 41 821 .2 and 41850, Pub-
lic Resources Code.
Page 806.131
Register 2001, No. 26; 6-29-2001
§ 18794.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New article 9.0 (sections 18794.0-18794.6) and section filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
2. New article 9.0 (sections 18794.0-18794.6) and section refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tion (g) and Note, transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register
97, No. 3).
4. Change without regulatory effect adding subsections (h)(l)-(3) filed
8-25-2000 pursuant to section 100, title I, California Code of Reaulations
(Register 2000, No. 34).
5. Change without regulatory effect amending subsection (h)(1) and amending
NOTH filed 6-26-2001 pursuant to section 100, title l,CalifoiTiia Code of Regu-
lations (Register 2001 , No. 26).
§ 18794.1. Goal Achievement Calculations.
(a) A jurisdiction's annual report shall include the calculations de-
scribed in this Section to measure acliievement of the disposal reduction
requirements of PRC section 41780. The diagram below shows the se-
quence of the calculations.
Measuring Goal Achievement
Base-Year
Generation
Estimated
Reporting Year
Generation
r
X (x%y = I
<^
L
Maximum
Allowable
Disposal
step 4
Compare maximum
allowable disposal to
reporting year disposal.
Goal is met tf maximum
is greater than or equal
to corrected reporting
year disposal.
Measured Reporting
Year Disposal
Minus Allowed
Deductions
Stepi
Step 2
Steps
* Where X% is normally 0.75 for years 1995 to 1999, and 0.50 for year 2000, unless a jurisdiction has a Board-approved disposal reduction
goal.
(b) Step 1. A jurisdiction shall first adjust its Board-approved base-
year generation amount, as required in Section 18797.3. This adjustment
yields the estimated reporting year generation amount.
(c) Step 2. A jurisdiction shall next calculate its maximum allowable
disposal tonnage, as follows:
(1) A jurisdiction without a Board-approved petition for reduction in
the goal shall multiply its estimated reporting year generation amount by
0.75 (75%) for the years 1995 through 1999, and by 0.50 (50%) for the
year 2000 and beyond.
(2) A jurisdiction with a Board-approved petition for reduction in the
goal, except for a jurisdiction that is a region as described in (3) below,
shall multiply its estimated reporting year generation amount by the dif-
ference between 100% and the reduced goal. For example, if the reduced
goal for 1995 is 15%, then the estimated reporting year generation
amount would be multiplied by 85% (100% - 15% = 85%).
(3) A region that has at least one member agency that has a Board-ap-
proved petition for reduction in the goal, but does not have a reduced goal
for the region as a whole, shall calculate its maximum allowable disposal
as specified in PRC Section 41787.2.
(d) Step 3. A jurisdiction shall next deduct any tonnages from the re-
porting year disposal tonnage calculated pursuant to Section 18813
which it is authorized to subtract because:
(1) it meets the criteria in PRC section 41782 for claiming a reduction
in its disposal tonnage because of a regional diversion facility, or regional
medical waste treatment facility; and/or
(2) it has disposed of additional amounts of soUd waste as a result of
a disaster.
These deductions yield the corrected reporting year disposal tonnages.
(e) Step 4. A jurisdiction shall then compare its maximum allowable
disposal tonnage (from Step 2) to its corrected reporting year disposal
tonnage (from Step 3). The goal has been met if the maximum allowable
tonnage is greater than or equal to the corrected reporting year disposal
tonnage.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780, 41780.1, 41780.2, 41781, 41782, 41787.2, 41821, 41821.5 and
41850, Public Resources Code.
Page 806.132
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18794.3
History
1 . New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (c), (c)(2) and (e) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 1 0-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tions (d)(1) and (d)(2), transmitted to OAL 1 1 -27-96 and filed 1-1 3-97 (Regis-
ter 97, No. 3).
5. Change without regulatory effect amending subsection (c)(1) filed 6-26-2001
pursuant to section 100, title I , California Code of Regulations (Register 2001 .
No. 26).
§ 18794.2. Reporting Requirements for Calculations.
(a) Jurisdictions who were incorporated prior to January 1, 1995 and
who submit their first annual report in 1 997 or later, shall include their
disposal reduction calculations for 1995, in addition to their disposal re-
duction calculations for the current reporting year.
(b) The information used for calculating the adjustment in Section
r8794.1(b) above, shall be included in a jurisdiction's annual report to
the Board.
(c) If a jurisdiction is a member of a Regional Agency, then a single
combined report of the information shall be made for all the members of
the Regional Agency.
(d) The annual report shall include the information listed below for the
calculated adjustment:
(1) Name of all jurisdictions included in the report
(2) For the jurisdiction's base-year:
(A) base-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data source used
(E) consumer price index number and data source used
(F) residential generation tonnage amount
(G) non-residential generation tonnage amount.
(3) For the jurisdiction's reporting-year:
(A) reporting-year
(B) population factor number and data source used
(C) employment factor number and data source used
(D) uncorrected taxable sales factor number and data
source used
(E) consumer price index factor number and data source used
(F) a copy of all interim calculations used to reach the adjusted
base-year tonnage amount
(G) estimated reporting-year generation as calculated using
the equations in Section 18797.3.
(e) In addition to the information required by this Section, a jurisdic-
tion may also submit in its annual report any other information it wishes
the Board to consider relating to the base-year waste generation tonnage
amounts, adjustment factors, or calculations. The additional information
may include a discussion of why the adjustment method as described in
Section 18797.3 may not fully represent ajurisdiction's local conditions,
and what additional adjustments would be needed.
(0 If a jurisdiction made an adjustment in its reporting year disposal
tonnages because of a regional medical waste treatment facihty or re-
gional diversion facility located within its borders, it shall provide the
Board with documentation demonstrating it meets the criteria specified
in PRC section 41782 for making such an adjustment.
(g) If a jurisdiction made an adjustment in its reporting year disposal
tonnages because of a disaster, it shall provide the Board with documen-
tation demonstrating that:
(1) the tonnages subtracted resulted from the disaster;
(2) the jurisdiction implemented to the extent feasible, diversion pro-
grams to maximize diversion through reuse, recycling, or composting of
disaster-related solid waste; and,
(3) the tonnages subtracted are consistent with the additional tonnages
reported by the facilities where the solid waste was disposed.
(h) A jurisdiction may also provide additional information related to
the tons of waste disposed in California including "host-assigned" waste
as described in Sections 1 8809, 1 8810, and 1 881 1 , or exported from Cali-
fornia. The jurisdiction shall describe how this additional information
was obtained.
(i) If a jurisdiction's calculations as described in Section 18794.1
above, show its disposal reduction goal has not been met, then a jurisdic-
tion shall discuss in its annual report what possible problems may have
prevented it from reaching its goal. Problems may include, but are not
Umited to:
(1) base-year innaccuracies;
(2) disposal reporting problems;
(3) changes in ajurisdiction's waste stream beyond the jurisdiction's
control; or
(4) changes in the overall waste management system that may hinder
achievement of the disposal reduction goals.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41 780, 41780. 1,41 782, 4] 81 3, 41 821, 41 821. 5 and 41 850, Public Resources
Code.
History
1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (d)(2)(D), (d)(3)(A)-(B), (e) and (h) (Regis-
ter 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 1 0-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of subsections (d)(3)(G) and (i) (Register 97, No. 3).
5. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tions (d)(1), (d)(2), (d)(3) and (i)(l)-(4), transmitted to OAL 11-27-96 and
filed 1-13-97 (Register 97, No. 3).
6. Editorial correction of History 5 (Register 97, No. 15).
§ 1 8794.3. SRRE/NDFE and HHWE Implementation.
(a) SRRE/NDFE Annual Report Requirements. Each jurisdiction
shall monitor its reduction of solid waste and summarize in the annual
report its progress toward achieving the mandated disposal reduction
goals identified in PRC section 41780. The information provided will
serve as a basis for determining whether a revision of a SRRE is needed.
The SRRE/NDFE section of the annual report shall address at least the
following:
(1) Implementation status of selected programs;
(2) If any selected programs were not implemented, provide an expla-
nation;
(3) Contingency programs or other measures that have been, or will be,
implemented to help achieve the disposal reduction goals;
(4) Changes to selected programs, implementation schedules, or fund-
ing sources;
(5) Efforts made to inform the public of selected programs and facili-
ties, and to increase public participation;
(6) Any barriers that may prevent achivement of the disposal reduction
goals;
(7) Any changes in the use of nondisposal facilities, both existing or
planned;
(8) If ajurisdiction's calculations show its disposal reduction goal has
not been met, then a jurisdiction may include an expanded discussion on
items 1 through 7 above;
(9) Quantities and types of waste diverted through recycling and com-
posting programs directly funded or operated by the jurisdiction includ-
ing, but not limited to, contracts or franchises;
(10) If a jurisdiction funds or operates a program through contracts or
franchises and the agreement does not contain program monitoring and
reporting requirements providing the information required by (9) above,
the jurisdiction may include this information at the time of the contract
or franchise agreement renewal, or at the jurisdiction's five year revision,
whichever comes first;
Page 806.133
Register 2001, No. 26; 6-29-2001
§ 18794.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(1 1 ) The adequacy of, or the need to revise, the Solid Waste Genera-
tion Study or any other Component of the SRRE; and
(12) If a Jurisdiction determines that a revision of the SRRE is neces-
sary, the annual report shall contain a timetable for making the necessary
revisions.
(b) HHWE Annual Report Requirements. Each jurisdiction shall sum-
marize in tiie annual report its progress toward reducing or eliminating
household hazardous waste (HHW). The information provided will serve
as a basis for determining whether a revision of a HHWE is needed. The
HHWE section in the annual report shall address at least the following:
(1) Implementation status of selected programs;
(2) An explanation why any selected programs were not implemented;
(3) An explanation why any programs that were implemented did not
achieve expected reduction of HHW disposal;
(4) Contingency programs or measures that have been or will be im-
plemented to increase efforts or effectiveness in achieving reduction or
elimination of HHW disposal;
(5) Changes to selected programs, implementation schedules, or fund-
ing sources;
(6) Efforts made to inform the public of HHW collection events or fa-
cilities;
(7) Any barriers that may prevent the reduction or elimination of HHW
disposal;
(8) The adequacy of. or the need to revise, the HHWE; and
(9) If a jurisdiction determines that a revision of the HHWE is neces-
sary, the annual report shall contain a timetable for making the necessary
revisions.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40901, 40973, 41000, 41032, 41033, 41300, 41500, 41510, 41780, 41787,
41787.1, 41787.2, 41802 and 41821, Public Resources Code.
History
1 . New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (a)(10) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of subsection (a) (Register 97, No. 3).
5. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tions (a)(2), (a)(3), (a)(7), (a)(ll) and (a)(12), transmitted to OAL 11-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 18794.4. Siting Element and Summary Plan Status.
(a) Each county or regional agency shall include in its annual report
a discussion on the status of its Siting Element and Summary Plan. The
information provided shall serve as a basis for determining if the Siting
Element and/or Summary Plan should be revised.
(b) The Siting Element section in the annual report shall address at
least the following:
(1) Any changes in the remaining disposal capacity description pro-
vided pursuant to Section 18755.5 since the Siting Element was adopted;
(2) Whether the county or regional agency has maintained, or has a
strategy which provides for the maintenance of, 15 years of disposal ca-
pacity;
(3) The adequacy of, or the need to revise, the Siting Element; and
(4) If a jurisdiction determines that a revision of the Siting Element is
necessary, the annual report shall contain a timetable for making the nec-
essary revisions.
(c) The Summary Plan section in the annual report shall address at least
the following:
(1) Any changes in the financing of county wide or regional programs
and/or facilities and why these changes occurred;
(2) Whether new cities within the county or regional agency have in-
corporated since the adoption of the Summary Plan. For each new city,
the city's name, date of incorporation, and population at time of incorpo-
ration shall be provided; and
(3) If a jurisdiction determines that a revision of the Summary Plan is
necessary, the annual report shall contain a timetable for making the nec-
essary revisions.
NOTE: Aulhority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40051, 40052, 40703, 41701, 41721, 41721.5, 41751, 41770 and 41821,
Public Resources Code.
History
1 . New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (c)(2) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 9-25-96 order, including new subsection (b)(1),
subsection renumbering, and amendment of subsection (c)(3). transmitted to
OAL 1 1-27-96 and filed 1-13-97 (Register 97, No. 3).
§ 1 8794.5. Status of Qualifying Conditions for
Board-approved Petitions for Reduction.
(a) Jurisdictions with a Board-approved petition for reduction shall
address the following in their annual reports:
(1) Whether the jurisdiction still qualifies to petition for the reduction
as discussed in Section 18775(a);
(2) Whether the reduction is still needed, based on the Board-ap-
proved petition and items addressed in Section 18775(c).
(b) The Board may, upon review of the annual report, find that a revi-
sion or revocation of the reduction is necessary. The Board shall present
any such findings at a public hearing.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 40973, 41787, 41787.1, 41802 and 41821, Public Resources Code.
History
1 . New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 18794.6. Addressing an Area-of-Concern, or
Conditionally Approved Planning Documents.
(a) Reporting Requirements for Areas-of-Concem. Each jurisdiction
with a Planning Document for which the Board identified an area-of-
concem at the time it was approved or conditionally approved, may ad-
dress the concern in its annual report. Once the concern has been ade-
quately addressed by the jurisdiction, it no longer needs to be addressed
in subsequent annual reports. If a jurisdiction does not adequately ad-
dress an area of concern in the annual report, the Board may consider it
during its biennial review pursuant to PRC section 41825.
(b) Reporting Requirements for Conditional Approvals. Each jurisdic-
tion with a Planning Document that was conditionally approved by the
Board shall discuss how it has met the conditions in its annual report. The
conditions are listed in the Resolution in which the Board conditionally
approved the planning document. The Resolution is attached to the Noti-
fication letter sent to a jurisdiction pursuant to PRC section 41810. Once
the conditions have been adequately addressed, they no longer need to
be addressed in subsequent annual reports.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41801.5, 41802, 41810 and 41821, Public Resources Code.
History
1 . New section filed 6-5-96 as an emergency; operafive 6-5-96 (Register 96, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tion (b), transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register 97, No. 3).
Page 806.134
Register 2001, No. 26; 6-29-2001
Title 14
California Integrated Waste Management Board
§ 18797.2
Article 9.1. Adjustment Method for
Calculating Changes in Waste Generation
Tonnage
§ 18797.0. Scope and Purpose.
(a) The primary purpose of this Article is to implement section
41780.1(c) of the Public Resources Code.
(b) The adjustment method described in this Article has been selected
by the Board as the standard method that shall be used to adjust the base-
year generation tonnage amount. The resulting adjusted base-year gen-
eration tonnage number is an estimate of the generation tonnage in the
reporting-year. This number will be used to calculate a jurisdiction's
maximum allowable disposal amount, pursuant to section 18794.1(c).
NOTE: Authority cited: Sections 40502 and 41780. 1 , Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sec-
tions 18797.0-18797.4) and renumbering of former section 18827 to section
1 8797.0 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23).
A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emer-
gency language will be repealed by operation of law on the following day.
2. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sec-
tions 18797.0-18797.4) and renumbering of former section 18827 to section
1 8797.0 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No.
39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tion (b), transmitted to OAL 11-27-96 and filed 1-1 3-97 (Register 97, No. 3).
4. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.1. Definitions.
(a) For the purposes of this Article, the following terms have the mean-
ings given below.
(1) "Adjustment Factors" means population, employment, taxable
sales, and inflation numbers as used in the adjustment method.
(2) "Adjustment Method" means the method approved by the Board
for jurisdictions to use in adjusting their base-year generation tonnage
to account for changes in population, employment, taxable sales, and
inflation occurring between the base-year and the reporting-year as de-
scribed in this Article.
(3) "Base-Year Generation" means the combined base-year tonnage
amount of disposed and diverted wastes, as approved by the Board pur-
suant to section 41801 of the Public Resources Code.
(4) "Industry Employment" means employment by place of work.
(5) "Jurisdiction" means a city, unincorporated county, city and
county, or regional agency with responsibility for waste management.
This definition is in addition to the definition found in section
18720(a)(33).
(6) "Labor Force Employment" means employment by place of resi-
dence.
(7) "Non-Residential Solid Waste" means all solid waste other than
residential solid waste, including self-haul waste from non-residenrial
sources.
(8) "Region" means an endty formed pursuant to sections 40970
through 40975 of the Public Resources Code. This definition supersedes
the definition found in section 18720(a)(57).
(9) "Reporting-Year Generation" means the estimate of a jurisdic-
tion's combined tonnage of disposed and diverted wastes for any calen-
dar year following the base-year. The reporting-year generation esri-
mate is derived by using the adjustment method set forth in this Article
to adjust the base-year generation tonnage amount.
(10) "Residential Solid Waste" means all solid waste originating from
single-family and multi-family dwellings, including self-haul wastes
from residential sources. This definition is in addition to the definition in
section 18720(a)(59).
NOTE: Authority cited: Sections 40502 and 41 780. 1 , Public Resources Code. Ref-
erence: Secfions 417801, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . Renumbering of former section 1 8828 to 1 8797. 1 filed 6-5-96 as an emergen-
cy; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must
be transmitted to OAL by 9-27-96 or emergency language will be repealed by
operation of law on the following day.
2. Renumbering of former section 1 8828 to section 18797.1 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96. No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 oremergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
4. Repealer of subsections (a)(])-(8) and new subsections (a)(l)-(10) filed
9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18797.2. Adjustment Factor Sources,
A jurisdiction shall perform the adjustment method using adjustment
factor sources as follows:
(a) A jurisdiction shall use the following sources for factor numbers
for any given calendar year:
( 1 ) Employment as reported by the California Employment Develop-
ment Department:
• countywide labor force employment, or
• countywide industry employment, or
• countywide industry employment for the non-residential adjust-
ment factor, and countywide labor force employment for the resi-
dential adjustment factor.
(2) Population as reported by the Cahfomia Department of Finance:
• countywide population, or
• jurisdicuon population.
(3) Inflation as represented by the Consumer Price Index reported by
the California Department of Industrial Relations:
• statewide Consumer Price Index, or
• metropolitan area Consumer Price Index.
(4) Taxable Sales as reported by the California State Board of Equal-
ization:
• countywide Taxable Sales, or
• jurisdiction Taxable Sales.
(b) Notwithstanding subdivision (a) of this section, if a jurisdiction be-
lieves that any of the adjustment factor numbers do not validly represent
the jurisdiction's population and/or economy, a jurisdiction may instead
perform the adjustment method using one or more countywide or juris-
diction factor numbers from other sources, if the following conditions are
met:
(1) A jurisdiction shall select a scientifically reliable, third party
source for each of the jurisdiction-supplied adjustment factor numbers
used. Possible sources include, but are not hmited to, studies by the U.S.
Census, State Agencies, Regional Councils of Government, Municipal
Chambers of Commerce, accredited Universities or Colleges, or profes-
sionally recognized consultants in the field of economics, geography, or
demographics. A jurisdiction shall submit a copy of each source docu-
ment used to the Board at the time of the annual report.
(2) For each factor, the jurisdiction shall use the same source for both
the base-year factor number and the reporting-year factor number when
performing the calculations. If a base-year factor number for employ-
ment is not available, and the factor number for the year following the
base-year reflects increased or no employment growth since the base-
year, then the factor number for the year following the base-year may be
used for the base-year factor number. A jurisdiction shall substantiate in-
creased or no employment growth since the base-year with corroborative
data from at least one scientifically reliable, third party source as de-
scribed in subdivision (b)(1) of this secfion. A jurisdicfion shall submit
a copy of each source document used for the corroborative data to the
Board at the time of the annual report.
(3) Board approval of the use of alternative sources. In reviewing alter-
native sources, the Board shall consider any jurisdiction-supplied adjust-
ment factor numbers and sources to determine if they meet the require-
ments of subdivisions (b)(1) and (b)(2) of this section. If the Board
disapproves any adjustment factor numbers and/or sources, a jurisdiction
may choose other factor numbers and/or sources for Board consider-
afion.
Page 806.135
Register 2005, No. 38; 9-23-2005
§ 18797.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE; Authority cited: Sections 40502 and 41 780. 1 , Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
HrSTORY
1. Renumbering of former section 18829 to section 18797.2 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
2. Renumbering of former section 1 8829 to section 1 8797.2 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
3. Editorial collection restoring inadveilently omitted subsection (a)(2) (Register
97, No. 3).
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97. No. 3).
5. Amendment filed 9-21-2005; operadve 1-1-2006 (Register 2005, No. 38).
§ 18797.3. Adjustment Method Calculation.
(a) If a jurisdiction is a region, then the tonnage amounts, and adjust-
ment factor number for all cities and unincorporated counties included
in the region's regional agreement, shall be summed before calculating
the single adjustment for the region's base-year generation.
(b) Before calculating the adjustment, a jurisdiction shall separate the
base-year generation tonnage by source into residential and non-resi-
dential amounts. If a jurisdiction cannot derive the actual residential and
non-residential amounts from its records, the jurisdiction may make a
best esti mate of how much of their base-year generation is from residen-
tial sources and how much is from non-residential sources.
(c) When calculating the values in subdivision (e) of this section, and
calculating the adjusted base-year generation tonnage in subdivision (f)
of this section, a jurisdiction shall use the values defined below:
RWGB = Base- Year Residential Waste Generation in Tons
NRWGB = Base- Year Non-Residential Waste Generation in Tons
PR = Reporting- Year Population in Persons
PB = Base-Year Populafion in Persons
ERlf = Reporting-Year Labor Force Employment in Jobs
ERiN = Reporting-Year Industry Employment in Jobs
EBlf = Base- Year Labor Force Employment in Jobs
EBiN = Base- Year Industry Employment in Jobs
TR = Reporting-Year Taxable Sales in Dollars
TB = Base- Year Taxable Sales in Dollars
CPIR = Reporting-Year Consumer Price Index
CPIB = Base- Year Consumer Price Index
For example, in the hypothetical jurisdiction of "Surfcity":
(1)
RWGB =
NRWGB =
PR
PB
ERlf
EBlf
TR
TB
CPIR
CPIB
15,000 tons
20,000 tons
12,000 persons
10,000 persons
6.000 jobs
5,500 jobs
3.100,000 dollars
3,000,000 dollars
154.0
130.7
(d) Before calculating values other than those described in section
18797.2(b) for the equations in subdivision (e) of this section, a jurisdic-
tion shall select one of three county wide employment factor number sets:
(1) Labor force employment for calculating the non-residential ad-
justment factor and the residential adjustment factor; or
(2) Industry employment for calculating the non-residential adjust-
ment factor and the residential adjustment factor, or
(3) Industry employment for calculating the non-residential adjust-
ment factor and labor force employment for calculating the residential
adjustment factor.
(e) Before performing the adjustment calculation, a jurisdiction shall
calculate values for the four equations below:
(2)
IM
Inflation Multiplier:
CPlB
CPiR
xample:
IM
=
130.7
154.0
=
0.8487
CTr
~
Corrected Reporting-Year Taxable Sales in Dollars:
TR X IM
CTr
=
3,100,000x0.8487
2,630,970
(3) NRAF = Non-Residential Adjustment Factor:
(ER / EB) + (CTr / TB)
2
Example 3a: Use Labor Force Employment in NRAF
NRAFlf= (6,000/5,500) + (2,630,970/3,000,000)
(4)
= 0.984
Example 3b: Use Industry Employment in NRAF
NRAFiN = (4,500/3,950) -t- (2,630,970/3,000,000)
2
= 1.008
RAF = Residential Adjustment Factor:
(PR / PB) -1- NRAF
Example 4a: Use NRAFlf
RAFlf = (12,000/10,000) -^ 0.984
= 1.092
Example 4b: Use NRAFin
raFin = (12,000/10,000) -(- 1.008
= 1.104
(f) Using the variables defined in subdivisions (c) and (e) of this sec-
tion, a jurisdiction shall calculate the adjusted base-year generation ton-
nage using the equation below:
ERYG = Estimated Reporting-Year Generation :
(RWGB X RAF) + (NRWGb x NRAF)
Example 1: Use RAFlf arid NRAFlf
ERYG = (RWGb X RAFlf) + (NRWGb X NRAFlf)
= (15,000 X 1 .092) + (20,000 x 0.984)
= 36,060 tons
Example 2: Use RAFin and NRAFin
ERYG = (RWGb X RAFin) -^ (NRWGb x NRAFin)
= (15 ,000 X 1 . 1 04) + (20,000 x 1 .008)
= 36,720 tons
Page 806.136
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18800
•
Example 3: Use RAF[ f and NRAFin
ERYG = (RWGb X RAFlf) + (NRWGb X NRAFin)
= (15,000 X J .092) + (20.000 x 1 .008)
= 36,540 tons
NOTE: Authority cited: Sections 40502 and 41 780. 1 , Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1. Renumbering of former section 18830 to section 18797.3 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
2. Renumbering of former section 18830 to section 1 8797.3 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96. No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
3. Editorial correction of subsection (a) (Register 97, No. 3).
4. Certificate of Compliance as to 9-25-96 order, including amendment of subsec-
tions (d)(l)-(e), transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register97,
No. 3).
5. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18797.4. Reporting Requirements.
NOTE: Authority cited: Sections 40502 and41780.1, Public Resources Code. Ref-
erence: Secfions 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1. Renumbering and repealer of subsections (b)-(d) of former section 18831 to
section 1 8797.4 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96.
No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96
or emergency language will be repealed by operation of law on the following
day.
2. Renumbering and repealer of subsections (b)-(d) of former section 18831, in-
cluding repealer of subsection (a) designator, to section 18797.4 refiled
9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certifi-
cate of Compliance must be transmitted to OAL by 1-31-97 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-25-96 order, including repealer of section,
transmitted to OAL 1 1-27-96 and filed 1-13-97 (Register 97, No. 3).
Article 9.2. Disposal Reporting System
§ 18800. Scope and Purpose.
(a) This Article impleinents sections 41821.5 and 41821.2 of the Pub-
lic Resources Code.
(b) Each jurisdiction in California must adopt a Source Reduction and
PLecycling Element showing how it will meet the diversion goals in sec-
tion 41780 of the Public Resources Code. Diversion goal achievement is
one of the factors that the Board will consider in its biemiial review of
Source Reduction and RecycUng Element implementation pursuant to
section 41825 of the Public Resources Code. To determine if it has met
the goals, a jurisdiction will need to calculate how much solid waste it has
disposed. The Disposal Reporting System in this Article shall be used to
estimate the amount of disposal from each jurisdiction. The amount of
disposal shall be compared to the maximum disposal tonnages calculated
in section 18794.1 of Article 9.0.
(c) Nothing in this Article shall prevent an agency, district, or a juris-
diction from requiring haulers or operators to supply additional disposal
information based upon their own authority to impose requirements on
haulers or operators.
(d) Sections 1 8802, 18803, 18805, 18806, and 1 8807 ofthis Article are
repealed. The content of the repealed sections has been modified and re-
organized to provide information by type of entity in individual sections
as follows:
(1) Hauler: Section 18808.
(A) Section 18808.4: Hauler Records: Retention, Access, and Inves-
tigations
(B) Section 18808.5: Identifying Jurisdiction of Origin
(C) Section 18808.6: Frequency of Origin Surveys
(D) Section 18808.8: Apphcability of Alternative Reporting Systems
(E) Section 18808. JO: Export Reporting Due Dates for a Public Con-
tract Hauler
(2) Station: Section 18809.
(A) Section 1 8809.4: Station Records: Retention, Access, and Inves-
tigations
(B) Section 18809.5: Identifying Jurisdiction of Origin
(C) Section 18809.6: Frequency of Origin Surveys
(D) Section 18809.8: Apphcability of Alternative Reporting Systems
(E) Section 18809.10: Disposal Reporting Due Dates for a Station
(3) Landfill: Section 18810.
(A) Section 1 881 0.4: Landfill Records: Retention, Access, and Inves-
tigations
(B) Section 18810.5: Identifying Jurisdiction of Origin
(C) Section 18810.6: Frequency of Origin Surveys
(D) Section 18810.8: Applicability of Alternative Reporting Systems
(E) Section 18810.10: Disposal Reporting Due Dates for a Landfill
(4) Transformation Facility: Section 18811.
(A) Section 1881 1.4: Transformation Facility Records: Retention, Ac-
cess, and Investigations
(B) Section 18811.5: Identifying Jurisdiction of Origin
(C) Section 1881 1.6: Frequency of Origin Surveys
(D) Section 1881 1.8: Applicability of Alternative Reporting Systems
(E) Section 18811.10: Disposal Reporting Due Dates for a Trans-
formation Facility
(5) Agency: Section 18812.
(A) Section 18812.4: Agency Records: Retention, Access, and Inves-
tigations
(B) Section 18812.5: Identifying Jurisdiction of Origin
(C) Section 18812.6: Frequency of Origin Surveys
(D) Section 18812.8: Apphcability of Alternative Reporting Systems
(E) Section 18812.10: Disposal Reporting Due Dates for an Agency
(6) Jurisdiction: Section 18813.
(A) Section 18813.4: Jurisdiction Records: Retention, Access, and In-
vestigations
(B) Section 18813.5: Identifying Jurisdiction of Origin
(C) Section 18813.6: Frequency of Origin Surveys
(D) Section 18813.8: Apphcability of Alternative Reporting Systems
(E) Section 18813.10: Disposal Repotting Due Date Information
(7) District: Section 18814.
(A) Section 18814.4: District Records: Retention, Access, and Inves-
tigations
(B) Section 18814.5: Identifying Jurisdiction of Origin
(C) Section 18814.6: Frequency of Origin Surveys
(D) Section 18814.8: Applicabihty of Alternative Reporting Systems
(E) Section 18814.10: Disposal Reporting Due Dates for a District
(e) Sections 18809.2(b), 18809.6(b), 18810.2(b), 18810.6(b), and
1881 1.6(b) ofthis Article contain provisions for facilities located in rural
cities and counties. Rural cities and counties are defined in sections
40183 and 40184 of the Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New Article 9.0 (sections 18800-1 8813) and section filed 12-29-94; operative
12-29-94 pursuant to Government Code section 1 1346.2(d) (Register 94, No.
52).
2. Renumbering of former article 9.0 (sections 18800-18813) to article 9.2 (sec-
tions 1 8800-1 8813) and amendment of subsecfion (b) filed 6-5-96 as an emer-
gency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance
must be transmitted to OAL by 9-27-96 or emergency language will be re-
pealed by operafion of law on the following day.
3. Editorial correction of subsection (b) (Register 96, No. 39).
4. Renumbering of former article 9.0 (sections 18800-18813) to article 9.2 (sec-
fions 18800-18813 and amendment of subsection (b) refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
6. Change without regulatory effect amending subsection (a) and adding subsec-
fion (d) filed 8-25-2000 pursuant to secfion 100, fitle 1, California Code of Reg-
ulafions (Register 2000, No. 34).
7. Change without regulatory effect amending subsection (d) and amending Note
filed 6-26-2001 pursuant to secfion 100, title 1 , California Code of Regulations
(Register 2001, No. 26).
Page 806.137
Register 2005, No. 38; 9-23-2005
§ 18801
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
8. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18801. Definitions.
(a) For the purposes of tiiis Article, the following terms have the mean-
ings given below.
(1) "Agency" means the local agency responsible for compiling the
disposal information from haulers and operators. The county is the
agency, unless a region is given the responsibility as part of a regional
agreement.
(2) "Airspace utilization factor" (AUF) (tons of waste per cubic yard
of landfill airspace) means the effective density of waste material in the
landfill. The AUF is recorded as the total weight of waste material pass-
ing over the landfill scales that is placed in a known volume of landfill
airspace in a given time period. The waste portion of the AUF should in-
clude only waste material for which payment of fees to the Board is re-
ported.
(3) "Alternative daily cover" has the same meaning as in section 20690
of Title 27 of the California Code of Regulations.
(4) "Alternative intermediate cover" has the same meaning as in sec-
tion 20700 of Title 27 of the California Code of Regulations.
(5) "Beneficial reuse" has the same meaning as in section 20686 of
Title 27 of the California Code of Regulations.
(6) "Board" means the California Integrated Waste Management
Board.
(7) "Construction and Demolition (C&D) Debris" has the same mean-
ing as in section 17381(e) of Title 14 of the California Code of Regula-
tions.
(8) "Designated waste" has the same meaning as defined in section
13173 of the California Water Code.
(9) "Disaster waste" has the same meaning as "disaster debris" in sec-
tion 17210. 1(d) in Title 14 of the Cahfomia Code of Regulations.
(10) "Dispatcher" means a person who sends a public contract hauler
on a specific route or to specific locations to collect soUd waste for deliv-
ery to a solid waste facility. A "dispatcher" keeps records on the locations
to which haulers are sent to collect and deliver waste.
(11) "District" means a community service district established in ac-
cordance with Government Code section 6 1 000 et seq. , that provides sol-
id waste handling services or implements source reduction and recycling
programs. "District" also includes a sanitary district or a public utility
district that provides solid waste handling services or implements source
reduction and recycling programs.
(12) "Export from California" means export outside the boundaries of
the State of California or to Indian country within the boundaries of the
State of California, as defined in section 1151 of Title 18 of the United
States Code.
(13) "Facility" means a permitted solid waste facility, as defined in
section 18720(a)(51) of the Cahfomia Code of Regulations. "Facility"
includes, but is not limited to transfer stations, landfills, and transforma-
tion facilities.
(14) "Gatehouse attendant" means a person who processes deliveries
from haulers transporting solid waste to a facility and who may be re-
sponsible for obtaining jurisdiction of origin information.
(15) "Hauler" means a person who collects solid waste from a solid
waste generator, or collects his or her own waste, and transports the waste
to a solid waste facility. "Hauler" includes a public contract hauler.
"Hauler" does not include a person who transports solid waste from a sta-
tion to another facility.
(16) "Host jurisdiction" means ajurisdiction in which a permitted sol-
id waste facility is located.
(17) "Import from outside California" means import of waste from
outside the boundaries of the State of Cahfomia or from Indian country
within the boundaries of the State of Califomia, as defined in section
1151 of Title 18 of the United States Code.
(18) "In-place waste density" (pounds of waste per cubic yard of
waste) means the estimated or measured density of in-place waste mate-
rial achieved by mechanical or other means in the development of the
current lift of the current operating waste cell.
(19) "Inert debris" has the same meaning as in section 17381(k) of
Title 14 of the California Code of Regulations.
(20) "Jurisdiction" means a city, county, city and county, or regional
agency with responsibility for waste management. This definition is in
addition to the definition found in section 18720(a)(33).
(21) "Load" means the solid waste delivered to a sohd waste facility
in a single vehicle at one time.
(22) "Operator" means a person who operates a permitted solid waste
facility.
(23) "Origin survey" or "survey" means a method for determining the
jurisdiction(s) of origin for solid waste delivered to a facihty.
(24) "Public contract hauler" means a person who charges for or is
paid for collecting solid waste from a solid waste generator and transport-
ing the waste to a solid waste facility. A person involved in a solid waste
enterprise or sohd waste handling services as defined in sections 49504
and 49505 of the Public Resources Code respectively, and a person who
is a franchise hauler meet the definition of a public contract hauler. A
"pubhc contract hauler" may collect solid waste from residential, com-
mercial, industrial, or other generators.
(25) "Quarter" means one of the following four three-month periods
in a calendar year: The first quarter begins January 1 and ends March 31 .
The second quarter begins April 1 and ends June 30. The third quarter be-
gins July 1 and ends September 30. The fourth quarter begins October 1
and ends December 31.
(26) "Region" means an entity formed pursuant to sections 40970
through 40975 of the Public Resources Code. This definition supersedes
the definition found in section 18720(a)(57) of the Califomia Code of
Regulations for the purposes of this Article.
(27) "Soil" includes clean or contaminated soil.
(A) "Clean (or noncontaminated) soil" means soil that does not con-
tain other materials, or is below designated concentrations of contamina-
tion for other materials as allowed pursuant to section 13173 of the
Califomia Water Code.
(B) "Contaminated soil" means soil that:
(i) contains designated or nonhazardous concentrations, as set forth in
Title 23, Chapter 15, Article 1 , section 2510et seq. of the Califomia Code
of Regulations, of petroleum hydrocarbons, such as gasoline and its com-
ponents (benzene, toluene, xylene, and ethylbenzene), diesel and its
components (benzene), virgin oil, motor oil, or aviation fuel, and lead as
an associated metal; and
(ii) has been determined pursuant to section 13263(a) of the Water
Code to be a waste that requires regulation by the Regional Water Quality
Control Board or Local Oversight Agency.
(28) "Solid waste" or "waste" has the same meaning as defined in sec-
tion 40191 of the Public Resources Code.
(29) "Station" means a permitted solid waste facility utilized to receive
solid wastes, temporarily store, separate, convert, or otherwise process
the materials in the solid wastes, or to transfer the solid wastes directly
from smaller to larger vehicles for transport. "Station" includes permitted
transfer or processing stations or facilities, and permitted materials re-
covery facilities. "Station" does not include permitted transformation fa-
cilities or landfills.
(30) "Track" means to collect origin information and determine ton-
nage for loads of waste delivered to a facility and to maintain a record of
the origin and tonnage information. Data tracked during a quarter is used
to compile quarterly reports.
(31) "Waste-to-cover ratio" (estimated) (volume: volume) means the
unit-less expression of the proportion of the volumes of waste and cover
that comprise a volume of compacted fill material, e.g. 4:1. The cover
portion of the waste-to-cover ratio estimate should include only soil or
approved daily or intermediate altemative cover that is not considered a
waste material, i.e., payment of fees to the Board is not required. The
waste portion of the waste-to-cover ratio estimate should include only
waste material for which payment of fees to the Board is reported.
Page 806.138
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18806
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 52).
2. Amendment of subsection (a)(2) filed 6-19-95; operative 6-19-95 pursuant to
Government Code section 1 1343.4(d) (Register 95, No. 25).
3. Change without regulatory effect adding subsection (a)(4) and renumbering
subsections filed 8-25-2000 pursuant to section 1 00, title 1 , California Code of
Regulations (Register 2000, No. 34).
4. Change without regulatory effect amending subsection (a)(1) and amending
Note filed 6-26-2001 pursuantto section 100, title 1, California Code of Regu-
lations (Register 2001, No. 26).
5. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8801 .1 . Use of Soil for Alternative Daily Cover,
Alternative Intermediate Cover, or Beneficial
Reuse.
(a) Alternative daily cover does not include the use of clean or contam-
inated soil segregated prior to receipt by a landfill; however, loads of ma-
terials used for alternative daily cover may include small amounts of soil
(such as found in construction and demolition waste loads). For the pur-
pose of this Article, amounts of alternative daily cover shall be reported
separately from amounts of alternative intermediate cover and from
amounts of other beneficial on-site reuse.
(b) Alternative intermediate cover does not include tlie use of clean or
contaminated soil segregated prior to receipt by a landfill; however, loads
of materials used for alternative intermediate cover may include small
amounts of soil (such as found in construction and demolition waste
loads). For the purpose of this Article, amounts of alternative intermedi-
ate cover shall be reported separately from amounts of alternative daily
cover and from amounts of other beneficial on-site reuse.
(c) Beneficial reuse does not include the use of clean or contaminated
soil segregated prior to receipt by a landfill; however, loads of materials
reused beneficially may include small amounts of soil (such as found in
construction and demolition waste loads). For the purpose of this Article,
amounts of other beneficial reuse shall be reported separately from
amounts of alternative daily cover and from amounts of alternative inter-
mediate cover.
(d) For the purposes of this Division, clean soil and contaminated soil
used as cover or for other beneficial reuse do not count as disposal or di-
version.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18802. Records: Retention, Access, and Audits.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New secfion filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 52).
2. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18803. Applicability and Alternative Reporting Systems.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New secfion filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 1 1346.2(d) (Register 94, No. 52).
2. Amendment of subsection (c)(2) filed 6-19-95; operafive 6-19-95 pursuant to
Government Code secfion 11343.4(d) (Register 95, No. 25).
3. Repealer filed 9-21-2005; operaUve 1-1-2006 (Register 2005, No. 38).
§18804. Non-Compliance.
(a) This section outlines the Board's process for handling allegations
of non-compliance:
(1) If an agency receives written information on specific allegations
of non-compliance pursuant to sections 18808.11(a) and (b),
18809.11(a) and (b), 18810.11(a) and (b), 18811.11(a) and (b),
18812.1 1(a), 18813.11(a) and (b), and 18814.11(a) and (b), it shall for-
ward this information to the Board. The agency shall send this informa-
tion in writing, with any additional information it has regarding specific
allegations of non-compliance, no later than 60 working days after re-
ceiving the information.
(2) If an agency has its own specific allegations of hauler or operator
non-coin pi iance, the agency shall forward the information, in writing, to
the Board pursuant to section 18812.1 1(c).
(3) A hauler, operator, jurisdiction, or district may forward informa-
tion on specific allegations of agency non-compliance in writing to the
Board as set forth in sections 18808.11(c), 18809.11(c), 18810.11(c),
18811.11(c), 18813.11(c), and 18814.11(c).
(4) Board staff shall work with affected parties to investigate and at-
tempt to resolve allegations of non-compliance, including allowing the
entity accused of non-compliance a reasonable opportunity to provide
relevant information regarding the allegations. If Board staff substanti-
ates the allegations and cannot resolve them, then the Board shall make
a determination on the allegations of non-compliance at a public meet-
ing. Based on a finding of non-compliance, the Board may take one or
more of the following actions:
(A) notify the affected jurisdictions of the Board's finding of non-
comphance,
(B) publish the name of the hauler or operator and the finding of non-
compliance for a three-year period, using electronic or print media, or
(C) other actions as the Board deems necessary.
(5) If the Board, based on its own investigation, determines that a haul-
er, operator, jurisdiction, agency, or district is not complying with the re-
quirements of this Article, the Board may take one of the following ac-
tions:
(A) notify the affected jurisdictions of the Board's finding of non-
compliance,
(B) publish the name of the hauler or operator and the finding of non-
compliance for a three-year period, using electronic or print media, or
(C) other actions as the Board deems necessary.
(6) If an agency, a public contract hauler, or an operator that is a juris-
diction fails to comply with this Article, and that failure prevents the
Board from accurately determining the agency's or jurisdiction's level
of Source Reduction and Recycling Element implementation, the Board
may initiate the process to issue a compliance order as set forth in section
41825 of the Public Resources Code.
(b) Nothing in this Article shall prevent an agency, district, or jurisdic-
tion from enacting ordinances or other measures to ensure that operators
and haulers comply with the requirements of this Article.
NOTE: Authority cited: Sections 40502 and 41 825, Public Resources Code. Refer-
ence: Section 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code secfion 1 1346.2(d) (Register 94, No. 52).
2. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18805. Origin Survey Frequency.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Govemment
Code section 1 1346.2(d) (Register 94, No. 52).
2. Editorial correcfion of subsection (c)(2) (Register 95, No. 25).
3. Amendment of subsection (c)(2) filed 6-19-95; operafive 6-19-95 pursuant to
Govemment Code secfion 1 1343.4(d) (Register 95, No. 25).
4. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18806. Identifying a Jurisdiction of Origin.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Govemment
Code secfion 11346.2(d) (Register 94, No. 52).
2. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
Page 806.138(a)
Register 2005, No. 38; 9-23-2005
§ 18807
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 18807. Disposal Reporting Due Dates.
NOTE: Authority cited: Section 40502. Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 1 1 346.2(d) (Register 94. No. 52).
2. Change without regulatory effect adding subsection (e) filed 8-25-2000 pur-
suant to section 100, title 1. California Code of Regulations (Register 2000, No.
34).
3. Repealer filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808. Disposal Reporting Requirements for a Hauler.
(a) Sections 18808.1 through 18808.11 establish the requirements for
a hauler as follows:
(1) Signage for a Hauler Section 18808.1
(2) Scales and Weighing Requirements for a
Hauler ^ Section 18808.2
(3) Training Requirements for a Public Contract
Hauler Section 18808.3
(4) Hauler Records: Retention, Access, and
Investigations Section 18808.4
(5) Identifying Jurisdiction of Origin Section 18808.5
(6) Frequency of Origin Surveys Section 1 8808.6
(7) Determining Origin of Waste for a Hauler Section 1 8808.7
(8) Applicability of Alternative Reporting Systems Section 18808.8
(9) Public Contract Hauler Export Reports: Content,
Timing, and Distribution Section 18808.9
(10) Export Reporting Due Dates for a Public Contract
Hauler Section 18808.10
(11) Non-compliance Section 18808.11
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11 346.2(d) (Register 94, No. 52).
2. Amendment of subsection (b) and NOTE filed 1 1-5-97; operative 1 1-5-97 pur-
suant to Government Code section 1 1343.4(d) (Register 97, No. 45).
3 . Repealer and new section fi led 9-2 1 -2005 ; operati ve 1 - 1 -2006 (Register 2005,
No. 38).
§ 1 8808.1 . Signage for a Hauler. (Not applicable)
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8808.2. Scales and Weighing Requirements for a
Hauler. (Not applicable)
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.3. Training Requirements for a Public Contract
Hauler.
(a) A public contract hauler shall provide training on the disposal re-
porting system to each vehicle driver, dispatcher, and disposal report pre-
parer and to other employees who must comply with the requirements of
this Article. Training for a vehicle driver, dispatcher, and report preparer
shall cover the content of this Article as it applies to the employees' job
duties.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.4. Hauler Records: Retention, Access, and
Investigations.
(a) A hauler shall prepare disposal reporting records and shall:
(1 ) Include all information, methods, and calculations required by this
Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin
allocations reported to facilities and agencies pursuant to sections
18808.7 and 18808.9(a), respectively.
(3) Use a reasonable method to gather the information, such as locally
required or facility specific reporting forms, electronic systems, or the
optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on
electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, the agency, opera-
tors, districts, and the Board to inspect the records during normal busi-
ness hours in a single location within California. Operators shall only be
allowed to inspect records relating to their own operations. A hauler is
not required to provide records of a jurisdiction's disposal information
for reporting years for which the Board has already completed the bien-
nial review cycle for the applicable jurisdiction pursuant to section 41825
of the Public Resources Code.
(A) Upon a request to review records, the hauler shall make the records
promptly available for inspection. The hauler shall respond to the request
within ten days, but may indicate that additional time is necessary to
make the records available due to time necessary to search for, collect and
examine records to respond to the request. In no case shall the inspection
be delayed more than an additional 14 days, unless agreed to by the re-
questor.
(B) If copies of specific records are requested, either in lieu of inspec-
tion or after inspection, the hauler shall respond to the request for copies
within ten days, but may indicate that additional time is necessary to
make the copies due to time necessary to search for, collect and examine
records to respond to the request. In no case shall the copies be delayed
more than an additional 14 days, unless agreed to by the requestor. The
hauler may charge a fee to cover the actual cost of copying. In no case
shall the fee exceed ten cents per page, unless local public records act re-
quirements establish another rate.
(C) If a hauler or operator believes that a records request includes in-
formation that has been labeled confidential or proprietary by the entity
providing that information as defined in sections J 7044 through 17046,
the hauler shall inform the Board. The Board shall use the procedures set
forth in section 1 7046 to determine which records, or parts of records,
may be inspected.
(b) A hauler shall respond to requests for clarification regarding their
records within ten days. Requests must be specific and clearly stated in
writing.
(c) The Board may investigate all information, methods, and calcula-
tions pursuant to this Article. If the Board determines that any informa-
tion is inaccurate, the Board may require corrected information.
(d) If a public contract hauler that is a jurisdiction fails to comply with
this section, and that failure prevents the Board from accurately deter-
mining the jurisdiction's level of Source Reduction and Recycling Ele-
ment implementation, the Board may initiate the process to issue a com-
pliance order as set forth in section 41825 of the Public Resources Code.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18808.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) A hauler shall identify a jurisdiction by providing its name and
specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste
from a region formed pursuant to sections 40970 through 40975 of the
Public Resources Code as originating in that region, v/ithout specifying
the individual cities or unincorporated counties, unless otherwise re-
quired by the Board.
(3) A hauler shall identify solid waste imported from outside Califor-
nia by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency, district, or jurisdic-
tion from enacting ordinances or other measures to ensure that operators
and haulers provide additional jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
Page 806.138(b)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18808.10
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.6. Frequency of Origin Surveys.
(a) Haulers shall provide jurisdiction of origin information to facility
operators during the origin survey period set forth in sections 18809.6,
18810.6, and 18811.6.
NOTE; Authority cited; Section 40502, Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.7. Determining Origin of Waste for a Hauler.
(a) All haulers who are not public contract haulers shall determine the
origin of solid waste during the origin survey period required in section
1S808.6:
(1) If solid waste in a load is from only one jurisdiction, a hauler shall
assign all the waste in that load to that jurisdiction.
(2) If solid waste in a load is from more than one jurisdiction, a hauler
shall estimate the tons or percentage of waste from each based on a rea-
sonable method.
(3) A hauler who delivers solid waste to a facility within California
shall inform the operator of the jurisdiction(s) of origin. The hauler shall
provide this information on jurisdiction of origin to the operator at the
time of disposal, unless prior arrangements are made with the receiving
operator. In all cases the information shall be provided no later than two
weeks after the end of the quarter.
(4) When requested by a receiving operator, a hauler shall inform a re-
ceiving operator of the jurisdiction of origin for all material in each load
delivered during the entire quarter identified by the receiving operator as
potential alternative daily cover, alternative intermediate cover, or other
beneficial reuse material based on actual load tonnage. A hauler shall
also inform a receiving operator of the type or types of material being
supplied.
(b) All public contract haulers shall determine the origin of solid waste
during the origin survey period required in section 18808.6 as follows:
(1) If solid waste in a load is from only one jurisdiction, a public con-
tract hauler shall assign all the waste in that load to that jurisdiction.
(2) If solid waste in a load is from more than one jurisdiction, a public
contract hauler shall estimate the tons or percentage of waste from each
based on a reasonable method which may include adjustments for docu-
mented waste density differences, if applicable. The methods that a pub-
lic contract hauler may use to make this estimate include, but are not lim-
ited to:
(A) the number of bins emptied in each jurisdiction,
(B) the total capacity of bins emptied in each jurisdiction, or
(C) the actual waste tons collected in each jurisdiction.
(3) A public contract hauler who delivers solid waste to a facility with-
in California shall provide jurisdiction of origin information to each op-
erator based on company dispatcher records of hauling routes and gener-
ator locations, billing records, or other relevant records. The method a
public contract hauler uses to provide jurisdiction of origin information
shall be reasonably designed to provide the required information in an ac-
curate manner and in a format that is useable by the operator. The meth-
ods that a hauler may use to provide this information are:
(A) Send the jurisdiction(s) of origin information for each load elec-
tronically.
(B) For solid waste sent directly to a landfill or transformation facihty,
provide the information using a multi-part ticket system in which the dis-
patcher gives the vehicle driver a ticket with the estimated percentage of
v/aste from each jurisdiction in the vehicle driver's route. The dispatcher
may use a bar code with origin information on the ticket. The vehicle
driver gives the receiving operator a portion of the ticket with origin per-
centage information and keeps a portion of the ticket for the public con-
tract hauler's records.
(C) Provide the information using an alternative method that meets the
requirements of this section.
(4) The public contract hauler shall provide this information on juris-
diction of origin to the operator at the time of disposal, unless prior ar-
rangements are made with the receiving operator. In all cases the in-
formation shall be provided no later than two weeks after the end of the
quarter.
(5) When requested by a receiving operator, a public contract hauler
shall inform a receiving operator of the jurisdiction of origin for all mate-
rial in each load delivered during the entire quarter that the receiving op-
erator identifies as potential alternative daily cover, alternative inter-
mediate cover, or other beneficial reuse material. The jurisdiction of
origin information shall be based on actual daily tonnage. A public con-
tract hauler shall also inform a receiving operator of the type or types of
material being supplied.
(6) When requested by a receiving operator, a public contract hauler
shall identify each segregated load of C&D debris/inert debris delivered
during the entire quarter. The public contract hauler shall also provide the
jurisdiction of origin for each load, based on actual daily tonnage.
(7) When requested by a receiving operator, a public contract hauler
shall identify each segregated load of designated waste delivered during
the entire quarter. The public contract hauler shall inform a receiving op-
erator of the type or types of material being supplied. The public contract
hauler shall also provide the jurisdiction of origin for each load, based on
actual daily tonnage.
(8) When requested by a receiving operator, a public contract hauler
shall identify each segregated load of disaster waste delivered during the
entire quarter. The public contract hauler shall also provide the jurisdic-
tion of origin for each load, based on actual daily tonnage.
(9) Pursuant to section 18808.4(a)(2), a public contract hauler shall
keep documentation for verification of jurisdiction of origin allocations
for each quarter. Upon request, a public contract hauler shall provide an
agency with a summary of quarterly jurisdiction allocations.
NOTE; Authority cited: Sections 40502, 41781.3, 41821 .5 and 43020, Public Re-
sources Code. Reference: Sections 40508, 41821.5, and 43020, Public Resources
Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a
hauler must comply as set forth in section 18812.8.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.9. Public Contract Hauler Export Reports:
Content, Timing, and Distribution.
(a) For the entire quarter, a public contract hauler who exports solid
waste from California shall provide the agency in which the waste origi-
nated with the total tons of solid waste exported from each jurisdiction
oforigin during the quarter. For eachjurisdiction allocation, a public con-
tract hauler shall identify the name of the disposal site and the state, coun-
try, or Indian country to which the waste was sent. A public contract haul-
er shall provide this information by the due dates in section 18808.10.
(b) Upon request by a jurisdiction, a public contract hauler shall pro-
vide the jurisdiction with a quarterly report of the tons exported from the
jurisdiction by the due dates in section 1 8808. 1 0. In 1 ieu of sending quar-
terly information directly to a jurisdiction, a hauler may electronically
submit quarterly disposal information to the Board using a format that
would allow the Board to make the information available on its web site.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New secnon filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18808.10. Export Reporting Due Dates for a Public
Contract Hauler.
(a) When required by this Article, a public contract hauler shall send
a quarterly export report, on the amounts of solid waste exported from
California, to each agency in which the exported waste originated. If re-
Page 806.138(c)
Register 2005, No. 38; 9-23-2005
§ 18808.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
quested by a Jurisdiction, the public contract hauler shall also send a quar-
terly export report to the jurisdiction as set forth in section 18808.9(b).
A public contract hauler shall send the report by June 15 for the first quar-
ter, September 15 for the second quarter, December 15 for the third quar-
ter, and March 15 for the fourth quarter of the previous year. A public
contract hauler shall respond to requests for clarification regarding juris-
diction of origin allocations as specified in section 18808.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8808.1 1 . Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator
fails to comply with this Article by not providing the operator with in-
formation required for the preparation of quarterly disposal reports. The
hauler or operator shall send written information on specific allegations
of non-compliance to the agency by June 1 5 for the first quarter, Septem-
ber 15 for the second quarter. December 15 for the third quarter, and
March 15 for the fourth quarter of the previous year.
(b) A hauler or operator may inform the agency of other non-com-
pliance issues concerning a hauler or operator. The hauler or operator
shall send written information on specific allegations to the agency.
(c) A hauler or operator may inform the Board if an agency fails to
comply with this Article. A hauler or operator shall send written informa-
tion on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809. Disposal Reporting Requirements for a Station.
(a) Sections 18809.1 through 18809.11 establish the requirements for
a station as follows:
(1) Signage at a Station Section 18809.1
(2) Scales and Weighing Requirements at a Station Section 18809.2
(3) Training Requirements for a Station Section 18809.3
(4) Station Records: Retention, Access, and
Investigations Section 18809.4
(5) Identifying Jurisdiction of Origin Section 18809.5
(6) Frequency of Origin Surveys Section 18809.6
(7) Determining Origin of Waste at a Station Section 18809.7
(8) Applicability of Alternative Reporting Systems Section 18809.8
(9) Station Disposal Reports: Content, Timing, and
Distribution Section 18809.9
(10) Disposal Reporting Due Dates for a Station Section 18809.10
(11) Non-compliance Section 1 8809. 1 1
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New secfion filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11 346.2(d) (Register 94, No. 52).
2. Amendment of subsection (b) and Note filed 1 1-5-97; operative 1 1-5-97 pur-
suant to Government Code secfion 1 1343.4(d) (Register 97, No. 45).
3. Repealer and new secfion filed 9-21-2005; operative 1-1 -2006 (Register 2005,
No. 38).
§ 1 8809.1 . Signage at a Station.
(a) An operator may post a sign regarding the collection of waste origin
information during the origin survey period specified in section
18809.6(a) or (b).
(b) The sign may include the following:
(1) "State law requires information on where your waste is from. Be
prepared to provide it to the attendant." or
(2) "Be prepared to tell the attendant where your waste is from." or
(3) Other wording reasonably similar to the wording in subsection (1)
or (2).
(c) The sign may be translated into additional languages, including but
not limited to Spanish.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fions 41821 .5 and 43020, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8809.2. Scales and Weighing Requirements at a Station.
(a) A station shall be equipped with scales if both of the following cri-
teria apply:
( 1 ) the station accepts an annual average of more than 1 00 tons per op-
erating day or an annual average volume of more than 400 cubic yards
of solid waste per operating day, and
(2) the station operates more than 52 days per year.
(b) A station located in a rural city or rural county, as set forth in sec-
tions 40183 and 40184 of the Public Resources Code, shall be equipped
with scales if both of the following criteria apply:
(1 ) the station accepts an annual average of more than 200 tons per op-
erating day or an annual average volume of more than 800 cubic yards
of solid waste per operating day, and
(2) the station operates more than 52 days per year.
(c) An operator of a station equipped with scales shall weigh every un-
compacted load of solid waste greater than 12 cubic yards. An operator
shall also weigh every compacted load of waste. For each uncompacted
load less than or equal to 12 cubic yards that is not weighed, an operator
shall use volumetric conversion factors to estimate weight as described
in subsection (d). If a station's scales are inoperable for a period of time,
the operator shall estimate the weight of solid waste using volumetric
conversion factors as described in subsection (d) until the scales are back
in operation.
(d) For all solid waste that a station operator is allowed to not weigh
with scales, the operator shall use reasonable, volumetric conversion fac-
tors to estimate the weight of the waste. Volumetric conversion factors
used at a station shall meet the following guidelines:
(1) A volumetric conversion factor for a given vehicle and/or trailer
type and/or load type (e.g. C&D debris/inert debris load) shall be derived
from the average of actual weight data collected for the vehicle and/or
trailer type and/or load type during a seven-day minimum weighing peri-
od conducted at least every five years. The operator shall determine indi-
vidual volumetric conversion factors for all the types of vehicles and/or
trailers that haul waste to the station and/or the types of loads hauled to
the station. The weight data for each vehicle and/or trailer type and/or
load type shall be based on a statistically representative sample of ve-
hicles and/or trailers and/or loads.
(2) All volumetric conversion factors for each vehicle and/or trailer
type and/or load type and a description of the method used to determine
the conversion factors shall be included in the station's annual report of
disposal reporting methods as set forth in 18809.9(e).
(3) All volumetric conversion factors and supporting calculations and
documentation shall be made available for Board staff review upon re-
quest pursuant to section 18809.4.
(4) If the Board determines that volumetric conversion factors are not
reasonable or adequately supported, the Board may require the operator
to collect new weight data to establish new volumetric conversion fac-
tors.
(e) An operator of a station not required to have scales as set forth in
subsection (a) or (b) shall estimate the weight of every load of solid waste
using reasonable and documented volumetric conversion factors for each
type of vehicle and/or trailer that hauls waste to the station and/or each
type of load (e.g. C&D debris/inert debris load) hauled to the station. The
operator shall identify all volumetric conversion factors for each vehicle
and/or trailer type and/or load type and include a description of the meth-
od used to determine the conversion factors in the station's annual report
of disposal reporting methods as set forth in section 1 8809.9(e). The op-
erator shall make all documentation of volumetric conversion factors
available for review by Board staff upon request. If the Board determines
that volumetric conversion factors are not reasonable or adequately sup-
•
Page 806.138(d)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18809.4
•
ported, the Board may require the operator to establish new volumetric
conversion factors.
(f) An operator is not to required weigh waste if the waste will be
weighed at destination landfills and/or transformation facih'ties. If an op-
erator determines the weight of waste by using scales at destination land-
fills and/or transformation facilities, the operator shall notify the agency
in which the station is located in the annual report of disposal reporting
methods as set forth in 18809.9(e)(7). An operator shall maintain a record
of the weights obtained at all destination landfills and/or transformation
facilities pursuant to section 18809.4.
(g) An operator of a station required to have scales as set forth in sub-
section (a) or (b) may request an exemption from the requirement to ob-
tain scales if the station operator can demonstrate that circumstances ex-
ist that make compliance with this requirement a hardship. An operator
shall submit a request for an exemption to the Board as set forth in subsec-
tions (i) through (/). An operator shall submit a request for an exemption
no later than 150 days after January 1 , 2006. If a station becomes subject
to the scales requirement as set forth in subsection (a) or (b) after January
1, 2006, an operator shall submit the request for an exemption within 150
days.
(h) An operator of a station required to have scales as set forth in sub-
section (a) or (b) may submit a request to implement an alternative
weighing system (for example, using off-site scales). An alternative
weighing system must meet the minimum weighing requirements of this
section. "Weighing of waste at destination landfills and/or transformation
facilities pursuant to subsection (f) does not require Board approval as an
alternative weighing system. An operator shall submit a request for an
exemption to the Board as set forth in subsections (i) through (/).
(i) A station operator's request for an exemption from obtaining scales
or request to implement an alternative weighing system shall include the
following minimum information:
(1) station name,
(2) station Solid Waste Information System (SWIS) number,
(3) station address,
(4) operator name,
(5) operator mailing address,
(6) operator telephone number,
(7) operator email address, if available,
(8) justification for the proposed exemption or alternative weighing
system, such as a lack of electric utilities at the site, geographic remote-
ness of the site, space constraints at the site, or use of off-site scales,
(9) annual average weight (or annual average volume) of solid waste
accepted per day of operation, and
(10) volumetric conversion factors to be used to estimate weight.
0) Prior to submitting a request for an exemption from the scales re-
quirement or a request to implement an alternative weighing system, an
operator shall provide at least a 30-day notice of the proposed request to,
and accept and respond to comments from applicable parties including:
(1) haulers that dispose of waste at the station,
(2) the agency in which the station is located,
(3) jurisdictions that dispose of waste at the station, and
(4) the Local Task Force established pursuant to section 18761 of this
Division.
(k) An operator shall send a request for an exemption from the scales
requirement or a request to implement an alternative weighing system to
Board staff for review. The operator shall also send documentation show-
ing that applicable parties were notified and include a copy of the re-
sponses to comments received on the request.
(/) Within 30 working days from receipt of a request, Board staff shall
inform the operator, in writing, that the request is complete and accepted
for filing, or that the request is deficient and what specific information
is still required. Board staff shall approve or disapprove the request with-
in 60 working days from the date the request is deemed complete. The
operator may appeal the Board staff determination to the Board.
(m) If subsequent to an approval of an exemption from the scales re-
quirement or a request to implement an alternative weighing system, the
Board determines a station no longer meets the criteria of this section, the
Board may rescind the approval.
(n) Nothing in this Article shall prevent an operator from weighing
more loads than the minimum required by this section as part of its opera-
tion. Nothing in this Article shall prevent an agency from requiring an op-
erator to obtain scales or requiring an operator to weigh more loads than
the minimum required by this section, based upon its own authority to im-
pose requirements on that operator.
(0) A station required to have scales as set forth in subsection (a) or (b),
that has not requested and received a Board exemption from this require-
ment or has not received approval of an alternative weighing system,
shall be required to obtain and begin operating the scales by January 1 ,
2007.
(p) If a station becomes subject to the scales requirement as set forth
in subsection (a) or (b) subsequent to January 1 , 2006, the operator shall
obtain and begin operating the scales by January 1 of the year following
the year the station became subject to the requirement. The operator may
submit a request for an exemption from the scales requirement or a re-
quest to implement an alternative weighing system as set forth in subsec-
tions (g) through (/).
NOTE; Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Re-
sources Code. Reference: Sections 40508, 41821 .5, 43020 and 43021 , Public Re-
sources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.3. Training Requirements for a Station.
(a) A station operator shall provide training on the disposal reporting
system to each gatehouse attendant and disposal report preparer and to
other employees who must comply with the requirements of this Article.
Training for a gatehouse attendant and report preparer shall cover the
content of this Article as it applies to the employees' job duties.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
I. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.4. Station Records: Retention, Access, and
Investigations.
(a) An operator shall prepare disposal reporting records and shall:
(1) Include all information, methods, and calculations required by this
Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin
allocations reported to facilities and agencies pursuant to sections
18809.9(a) through (c).
(3) Use a reasonable method to gather the information, such as locally
required or facility specific reporting forms, electronic systems, or the
optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on
electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, the agency, haul-
ers, operators, districts, and the Board to inspect the records during nor-
mal business hours in a single location within California. Haulers and op-
erators shall only be allowed to inspect records relating to their own
operations. An operator is not required to provide records of a jurisdic-
tion's disposal information for reporting years for which the Board has
already completed the biennial review cycle for the applicable jurisdic-
tion pursuant to section 41825 of the Public Resources Code.
(A) Upon a request to review records, the operator shall make the re-
cords promptly available for inspection. The operator shall respond to the
request within ten days, but may indicate that additional time is necessary
to make the records available due to time necessary to search for, collect
and examine records to respond to the request. In no case shall the inspec-
tion be delayed more than an additional 14 days, unless agreed to by the
requestor.
(B) If copies of specific records, are requested, either in lieu of inspec-
tion or after inspection, the operator shall respond to the request for co-
pies within ten days, but may indicate that additional time is necessary
Page 806.138(e)
Register 2005, No. 38; 9-23-2005
§ 18809.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
to make the copies due to time necessary to search for, collect, and ex-
amine records to respond to the request. In no case shall the copies be
delayed more than an additional 14 days, unless agreed to by the request-
or. The operator may charge a fee to cover the actual cost of copying. In
no case shall the fee exceed ten cents per page, unless local public records
act requirements establish another rate.
(C) If a hauler or operator believes that a records request includes in-
formation that has been labeled confidential or proprietary by the entity
providing that information as defined in sections 17044 through 17046,
the operator shall inform the Board. The Board shall use the procedures
set forth in section 17046 to determine which records, or parts of records,
may be inspected.
(b) An operator shall respond to requests for clarification regarding
their records within ten days. Requests must be specific and clearly stated
in writing.
(c) The Board may investigate all information, methods, and calcula-
tions pursuant to this Article. If the Board determines that any informa-
tion is inaccurate, the Board may require corrected information.
(d) If an operator that is a jurisdiction, fails to comply with this section,
and that failure prevents the Board from accurately determining the juris-
diction's level of Source Reduction and Recycling Element implementa-
tion, the Board may initiate the process to issue a compliance order as set
forth in section 41825 of the Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) An operator shall identify a jurisdiction by providing its name and
specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste
from a region formed pursuant to sections 40970 through 40975 of the
Public Resources Code as originating in that region, without specifying
the individual cities or unincorporated counties, unless otherwise re-
quired by the Board.
(3) An operator shall identify waste imported from outside California
by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency, district, or jurisdic-
tion from enacting ordinances or other measures to ensure that operators
and haulers provide additional jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.6. Frequency of Origin Surveys.
(a) At all permitted stations, origin surveys shall be conducted contin-
uously, each day of station operation, for every load, except as described
in subsections (b), (c), and (d).
(b) An operator of a station located in a rural city or county, as defined
in sections 40183 and 40184 of the Public Resources Code, may conduct
origin surveys as specified in subsection (a) or may conduct origin sur-
veys during the following standard survey weeks each year: March 8
through March 14, June 8 through June 14, September 8 through Septem-
ber 14, and December 8 through December 14 (unless an agency has re-
ceived Board approval to use alternative weeks pursuant to sections
18812. 6[e] and [f]). During the standard origin survey weeks, every load
of solid waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted stations, origin surveys of each uncompacted load
of waste with a volume of 1 2 cubic yards or less may be conducted as spe-
cified in subsection (a) or may be conducted during the following stan-
dard survey weeks each year: March 8 through March 14, June 8 through
June 14, September 8 through September 14, and December 8 through
December 14 (unless an agency has received Board approval to use alter-
native weeks pursuant to sections 18812.6[e] and [f]). Daily origin sur-
veys shall be conducted for all other loads as specified in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a station is located authorizes the station
operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.7. Determining Origin of Waste at a Station.
(a) An operator shall determine the origin of all solid waste during the
origin survey period set forth in section 18809.6.
(b) When requested by a receiving operator, an operator who sends
solid waste to another facility within California shall provide the receiv-
ing operator with the jurisdiction of origin for all material in each load
delivered during the entire quarter that the receiving operator identifies
as potential alternative daily cover, alternative intermediate cover, or
other beneficial reuse material. The jurisdiction of origin information
shall be based on actual daily tonnage. An operator shall also inform a
receiving operator of the type or types of material being supplied.
(c) When requested by a receiving operator, an operator who sends
solid waste to another facility within California shall notify the operator
of that facility of each load of C&D debris/inert debris delivered during
the entire quarter. The operator shall also provide the jurisdiction of ori-
gin for each load, based on actual daily tonnage.
(d) When requested by a receiving operator, an operator who sends
solid waste to another facility within California shall notify the operator
of that facility of each load of disaster waste delivered during the entire
quarter. The operator shall also provide the jurisdiction of origin for each
load, based on actual daily tonnage.
(e) For all loads not delivered by public contract haulers, an operator
shall obtain and maintain a record of the following information:
(1) the jurisdiction of origin of the waste as set forth in 18809.5, and
(2) other additional information that the operator has determined will
ensure that information provided is accurate.
(f) An operator shall collect jurisdiction of origin from public contract
haulers. The public contract hauler shall provide the jurisdiction of origin
as specified in section 18808.7(b).
(g) If a station accepts solid waste from only one jurisdiction, the oper-
ator shall assign the waste to that jurisdiction.
(h) If an attendant is not present during regular hours of operation, and
one cannot be present to obtain jurisdiction of origin information during
the survey period, and the operator does not receive origin information
from the haulers delivering waste, then the operator shall assign the waste
to the jurisdiction in which the station is located by labeling it as "no at-
tendant host assigned" waste. An operator shall determine quarterly per-
centages of the total waste assigned to a host jurisdiction and report the
percentage allocations to each facility to which waste was sent, pursuant
to section 18809.9(b)(4). An operator shall also provide information on
host assigned waste to a host jurisdiction if requested pursuant to section
18809.9(d).
(i) If a station accepts solid waste from more than one jurisdiction, the
operator shall use the information on the jurisdictions of origin for all sol-
id waste to estimate the percentage of waste from each jurisdiction. The
percentage of waste from each jurisdiction shall be based on either the
total tons accepted from each jurisdiction, the total tons of solid waste
from each jurisdiction after adjusting for diversion at the station, or the
total tons from each jurisdiction based on a reasonable method used at the
station to allocate waste.
•
Page 806.138(f)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18809.9
(j) If solid waste is delivered to the station and information on the juris-
diction of origin is not provided by the delivering hauler or operator dur-
ing the survey period as specified in this Article, then the operator shall
assign the waste percentage to the jurisdiction in which the station is lo-
cated by labeling it as "host assigned" waste and send written notification
to the agency regarding hauler or operator non-compliance as specified
in section 1 8809. 11. The operator shall determine quarterly percentages
of the total waste assigned to a host jurisdiction and report the percentage
allocations to each facility to which waste was sent, pursuant to section
18809.9(b)(4). The operator shall also provide information on host as-
signed waste to a host jurisdiction if requested pursuant to section
18809.9(d).
NOTE: Authority cited: Sections 40502. 41821.5, 43020 and 43021, Public Re-
sources Code. Reference: Section 40508, 41821.5, 43020 and 43021, Public Re-
sources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which an
operator must comply as set forth in section 18812.8.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18809.9. Station Disposal Reports: Content, Timing, and
Distribution.
(a) Each quarter, an operator who sends solid waste to another facility
vv'ithin California shall provide the operator of that facility with the per-
centage of waste assigned to each jurisdiction as determined pursuant to
section 18809.7. The operator shall provide this information by the due
dates in sections 18809.10(a) and (b).
(b) An operator who sends waste to another facility in California shall
send a quarterly notification to the agency in which the station is located
and to each agency in which a receiving facility is located. An operator
shall keep copies of the notification and all supporting documentation
used to prepare the notification pursuant to the record keeping require-
ments in section 18809.4. The operator shall send the notifications by the
due dates in section 1 8809. 10. The quarterly notification shall contain the
following information:
(1) the station name and Solid Waste Information System (SWIS)
number,
(2) the reporting quarter and year,
(3) the total tons of solid waste accepted at the station,
(4) the percentage of solid waste from each jurisdiction (including host
assigned waste, if applicable), based on either:
(A) the total tons of solid waste accepted from each jurisdiction,
(B) the total tons of solid waste from each jurisdiction after adjusting
for diversion at the station, or
(C) the total tons of solid waste from each jurisdiction determined us-
ing a reasonable method to allocate waste,
(5) the name and Solid Waste Information System (SWIS) number of
each facility in California to which waste was sent,
(6) the total initial estimated tons of solid waste sent to each facility,
(7) the total tons of each type of material identified for potential reuse
as:
(A) alternative daily cover,
(B) alternative intermediate cover, and
(C) other beneficial reuse,
(8) the total tons of each type of material from each jurisdiction identi-
fied for potential reuse as:
(A) altemafive daily cover, and
(B) alternative intermediate cover,
(9) the total tons of other material accepted at the station and sent off-
site for reuse, recycling, or composting during the quarter, and
(10) a brief summary of the methods used to determine the jurisdic-
tions of origin.
(c) For the entire quarter, an operator who exports waste from Califor-
nia shall provide the agency in which the station is located with the total
tons of solid waste exported from each jurisdiction of origin during the
quarter. For each jurisdiction allocation, an operator shall identify the
name of the disposal site and the state, country, or Indian country to
which the waste was sent. An operator shall provide this information by
the due dates in section 18809.10.
(d) Upon request by a jurisdiction, an operator shall provide all quar-
terly information pertaining to the jurisdiction by the due dates in section
18809.10. In lieu of sending quarterly information directiy to a jurisdic-
tion, an operator may electronically submit the quarterly disposal in-
formation to the Board using a format that would allow the Board to make
the information available on its web site. In addition to the information
in subsections (b) and (c), a jurisdiction may request:
(1 ) the total tons of each type of material identified as other potential
beneficial reuse material (excluding alternative daily cover and alterna-
tive intermediate cover),
(2) the total tons of C&D debris/inert debris, and
(3) the total tons of disaster waste.
(e) An operator shall send an annual report on disposal reporting meth-
ods to the agency in which the station is located. An operator shall send
the annual report by the due date in section 18809.10. An operator shall
keep a copy of the annual report in the station's records pursuant to sec-
tion 18809.4. The report shall cover each year beginning on January 1
and ending on December 3 1 and shall include the following:
(1) station name and Solid Waste Information System (SWIS) num-
ber,
(2) operator name,
(3) operator mailing address,
(4) operator telephone number,
(5) operator email address, if available,
(6) number and type of scales, if applicable,
(7) notification of the use of scales at destination landfill(s) or trans-
formation facility(ies) to weigh waste sent from the station, pursuant to
section 18809.2(f), if applicable,
(8) all volumetric conversion factors used for each vehicle and/or trail-
er type and/or load type and a description of the method used to determine
the conversion factors pursuant to section 18809.2(d)(1) or (e),
(9) the frequency of each type of origin survey,
(10) the method(s) of determining jurisdiction of origin, including the
questions gatehouse attendants ask haulers,
(1 1) the method(s) used to verify origin information, if applicable,
(12) the method(s) used to track C&D debris/inert debris loads, if ap-
plicable,
(13) the method(s) used to track disaster waste loads, if applicable,
(14) the method(s) of determining jurisdiction allocation amounts in-
cluding:
(A) a description of the method used to determine jurisdiction of origin
allocation percentages as reported in subsection (b)(4), and
(B) the percentage of annual tons of waste for each jurisdiction that
were assigned based on survey week data as allowed in sections
18809.6(b) and (c), and
(C) the percentage of the total tons of solid waste sent for disposal or
transformation that were based on volumetric conversion factors rather
than actual weight measurements,
(15) any restrictions on which jurisdictions may use the station,
(16) any differences in station tipping fees based on jurisdiction of ori-
gin,
(17) a listing or description of the computer program(s) or method
used to track waste tonnage and origin information, and
(18) the days and hours of station operation, including all significant
variations in the schedule during the reporting year.
Note: Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Re-
sources Code. Reference: Sections 40508, 41821.5, 43020 and 43021, Public Re-
sources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
Page 806.138(g)
Register 2005, No. 38; 9-23-2005
§ 18809.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 18809.10. Disposal Reporting Due Dates for a Station.
(a) An operator of a permitted station who sends waste to another per-
mitted station in California shall send the operator of that facility the per-
centage of waste assigned to each jurisdiction for the quarter as set forth
in section 18809.9(a). An operator shall send this information by April
30 for the first quarter, July 31 for the second quarter, October 31 for the
third quarter, and January 31 for the fourth quarter of the previous year.
(b) An operator of a permitted station who sends waste to a landfill or
transformation facility in California shall send the operator of that facility
the percentage of waste assigned to each jurisdiction for the quarter as set
forth in section 18809.9(a). An operator shall send this information by
May 1 5 for the first quarter, August 15 for the second quarter, November
1 5 for the third quarter, and February 1 5 for the fourth quarter of the pre-
vious year.
(c) An operator of a permitted station shall send quarterly disposal in-
formation to affected agencies as set forth in sections 18809.9(b) and (c).
If requested by a jurisdiction, the operator shall also send the quarterly
disposal information to the jurisdiction as described in section
1 8809.9(d). An operator shall send the report by June 1 5 for the first quar-
ter, September 1 5 for the second quarter, December 1 5 for the third quar-
ter, and March 15 for the fourth quarter of the previous year.
( 1 ) An operator of a permitted station who sends waste to another facil-
ity within California shall send a notification every quarter to the agency
in which the station is located and to each agency in which a receiving
facility is located as set forth in section 18809.9(b).
(2) If a station operator exports waste outside of California, the opera-
tor shall send a quarterly report on the amounts of exported waste to the
agency in which the station is located as set forth in section 18809.9(c).
(d) An operator of a permitted station shall send an annual report on
disposal reporting methods to the agency in which the station is located,
as described in section 18809.9(e). An operator shall send this annual re-
port by March 1 5 for the previous year. A station operator shall respond
to requests for clarification regarding jurisdiction of origin allocations as
specified in section 18809.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8809.1 1 . Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator
fails to comply with this Article by not providing the operator with in-
formation required for the preparation of quarterly disposal reports. The
hauler or operator shall send written information on specific allegations
of non-comphance to the agency by June 1 5 for the first quarter, Septem-
ber 15 for the second quarter, December 15 for the third quarter, and
March 15 for the fourth quarter of the previous year.
(b) A hauler or operator may inform the agency of other non-com-
pliance issues concerning a hauler or operator. The hauler or operator
shall send written information on specific allegations to the agency.
(c) A hauler or operator may inform the Board if an agency fails to
comply with this Article. A hauler or operator shall send written informa-
tion on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810. Disposal Reporting Requirements for a Landfill.
(a) Sections 18810.1 through 18810.11 estabUsh the requirements for
a landfill as follows:
( 1 ) Signage at a Landfill Section 1 88 1 0. 1
(2) Scales and Weighing Requirements at a
Landfill Section 18810.2
(3) Training Requirements for a Landfill Section 18810.3
(4) Landfill Records: Retention, Access, and
Investigations Section 18810.4
(5) Identifying Jurisdiction of Origin Section 18810.5
(6) Frequency of Origin Surveys Section 18810.6
(7) Determining Origin of Waste at a Landfill Section 18810.7
(8) Applicability of Alternative Reporting Systems Section 18810.8
(9) Landfill Disposal Reports: Content, Timing, and
Distribution Section 18810.9
(10) Disposal Reporting Due Dates for a Landfill Section 18810.10
(11) Non-compliance Section 18810.11
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 1 1346.2(d) (Register 94, No. 52).
2. Amendment of subsections (c) and (d)(5) and amendment of Note filed
1 1-5-97; operative 1 1-5-97 pursuant to Government Code section 1 1 343.4(d)
(Register 97, No. 45).
3. Change without regulatory effect redesignating subsection (a) as (a)(1) and ad-
ding subsection (a)(2) filed 8-25-2000 pursuant to section 100, title 1, Califor-
nia Code of Regulations (Register 2000, No. 34).
4. Repealer and new section filed 9-21 -2005 ;operafive 1-1-2006 (Register 2005,
No. 38).
§ 1 881 0.1 . Signage at a Landfill.
(a) An operator may post a sign regarding the collection of waste origin
information during the origin survey period specified in section
18810.6(a) or (b).
(b) The sign may include the following:
(1) "State law requires information on where your waste is from. Be
prepared to provide it to the attendant." or
(2) "Be prepared to tell the attendant where your waste is from." or
(3) Other wording reasonably similar to the wording in subsection (1)
or (2).
(c) The sign may be translated into additional languages, including but
not limited to Spanish.
NotE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
dons 41821.5 and 43020, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 0.2. Scales and Weighing Requirements at a
Landfill.
(a) A landfill shall be equipped with scales if both of the following cri-
teria apply:
(1) the landfill accepts an annual average of more than 100 tons per op-
erating day or an annual average volume of more than 400 cubic yards
of solid waste per operating day, and
(2) the landfill operates more than 52 days per year.
(b) A landfill located in a rural city or rural county, as set forth in sec-
tions 40183 and 40184 of the Public Resources Code, shall be equipped
with scales if both of the following criteria apply:
(1) the landfill accepts an annual average of more than 200 tons per op-
erating day or an annual average volume of more than 800 cubic yards
of solid waste per operating day, and
(2) the landfill operates more than 52 days per year.
(c) An operator of a landfill equipped with scales shall weigh every un-
compacted load of solid waste greater than 12 cubic yards. An operator
shall also weigh every compacted load of waste. For each uncompacted
load less than or equal to 12 cubic yards that is not weighed, an operator
shall use volumetric conversion factors to estimate weight as described
in subsection (d). If a landfill' s scales are inoperable for a period of time,
the operator shall estimate the weight of solid waste using volumetric
conversion factors as described in subsection (d) until the scales are back
in operation.
(d) For all solid waste that a landfill operator is allowed to not weigh
with scales, the operator shall use reasonable, volumetric conversion fac-
tors to estimate the weight of the waste. Volumetric conversion factors
used at a landfill shall meet the following guidelines:
Page 806.138(h)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18810.3
(1) A volumetric conversion factor for a given vehicle and/or trailer
type and/or load type (e.g. C&D debris/inert debris load) shall be derived
from the average of actual weight data collected for the vehicle and/or
trailer type and/or load type during a seven-day minimum weigliing peri-
od conducted at least every five years. The operator shall determine indi-
vidual volumetric conversion factors for all the types of vehicles and/or
trailers that haul waste to the landfill and/or the types of loads hauled to
the landfill. The weight data for each vehicle and/or trailer type and/or
load type shall be based on a statistically representative sample of ve-
hicles and/or trailers and/or loads.
(2) All volumetric conversion factors for each vehicle and/or trailer
type and/or load type and a description of the method used to determine
the conversion factors shall be included in the landfill's annual report of
disposal reporting methods as set forth in 18810.9(h).
(3) All volumetric conversion factors and supporting calculations and
documentation shall be made available for Board staff review upon re-
quest pursuant to section 18810.4.
(4) If the Board determines that volumetric conversion factors are not
reasonable or adequately supported, the Board may require the operator
to collect new weight data to establish new volumetric conversion fac-
tors.
(e) An operator of a landfill not required to have scales as set forth in
subsection (a) or (b), shall estimate the weight of every load of solid
waste using reasonable and documented volumetric conversion factors
for each type of vehicle and/or trailer that hauls waste to the landfill and/
or each type of load (e.g. C&D debris/inert debris load) hauled to the
landfill. The operator shall identify ail volumetric conversion factors for
each vehicle and/or trailer type and/or load type and include a description
of the method used to determine the conversion factors used in the land-
fill's annual report of disposal reporting methods as set forth in section
18810.9(h). The operator shall make all documentation of volumetric
conversion factors available for review by Board staff upon request. If
the Board determines that volumetric conversion factors are not reason-
able or adequately supported, the Board may require the operator to es-
tablish new volumetric conversion factors.
(f) An operator of a landfill required to have scales as set forth in sub-
section (a) or (b) may request an exemption from the requirement to ob-
tain scales if the landfill operator can demonstrate that circumstances ex-
ist that make compliance with this requirement a hardship. An operator
shall submit a request for an exemption to the Board as set forth in subsec-
tions (h) through (k). An operator shall submit a request no later than 150
days after January 1, 2006. If a landfill becomes subject to the scales re-
quirement as set forth in subsection (a) or (b) after January 1, 2006, an
operator shall submit the request for an exemption within 150 days.
(g) An operatorof a landfill required to have scales as set forth in sub-
section (a) or (b) may submit a request to implement an alternative
weighing system (for example, using off-site scales). An alternative
weighing system must meet the minimum weighing requirements of this
section. An operator shall submit a request for an exemption to the Board
as set forth in subsections (h) through (k).
(h) A landfill operator's request for an exemption from obtaining
scales or request to implement an alternative weighing system shall in-
clude the following minimum information:
(1) landfill name,
(2) landfill Solid Waste Information System (SWIS) number,
(3) landfill address,
(4) operator name,
(5) operator mailing address,
(6) operator telephone number,
(7) operator email address, if available,
(8) justification for the proposed exemption or alternative weighing
system, such as a lack of electric utilities at the site, geographic remote-
ness of the site, space constraints at the site, occasional relief from weigh-
ing requirements during periods of time when excessive lines create pub-
lic health and safety concerns, or use of off-site scales,
(9) annual average weight (or annual average volume) of waste ac-
cepted per day of operation, and
(10) volumetric conversion factors to be used to estimate weight.
(i) Prior to submitting a request for an exemption from the scales re-
quirement or a request to implement an alternative weighing system, an
operator shall provide at least a 30-day notice of the proposed request to,
and accept and respond to comments from applicable parties including
those listed below. However, nothing in this requirement is intended to
allow any of these parties to seek or impose conditions on the requestor
for favorable comments, nor does this section give them any authority to
approve or disapprove the request.
(1 ) haulers that dispose of waste at the landfill,
(2) the agency in which the landfill is located,
(3) jurisdictions that dispose of waste at the landfill, and
(4) the Local Task Force established pursuant to section 18761 of this
Division.
(j) An operator shall send a request for an exemption from the scales
requirement or a request to implement an alternadve weighing system to
Board staff for review. The operator shall also send documentation show-
ing that applicable parries were notified and include a copy of the re-
sponses to comments received on the request.
(k) Within 30 working days from receipt of a request. Board staff shall
inform the operator, in writing, that the request is complete and accepted
for filing, or that the request is deficient and what specific information
is still required. Board staff shall approve or disapprove the request with-
in 60 working days from the date the request is deemed complete. The
operator may appeal the Board staff determination to the Board.
(/) If subsequent to an approval of an exemption from the scales re-
quirement or a request to implement an alternative weighing system, the
Board determines a landfill no longer meets the criteria of this section,
the Board may rescind the approval.
(m) All volumetric conversion factor(s) used for the purposes of this
Article, shall be the same as the volumetric conversion factor(s) used to
determine the number of tons that are subject to the fee pursuant to sec-
tion 48000 of the Public Resources Code and section 45 1 5 1 of the Reve-
nue and Taxation Code.
(n) Nothing in this Arficle shall prevent an operator from weighing
more loads than the minimum required by this section as part of its opera-
tion. Nothing in this ArUcle shall prevent an agency from requiring an op-
erator to obtain scales or requiring an operator to weigh more loads than
the minimum required by this section, based upon its own authority to im-
pose requirements on that operator.
(o) A landfill required to have scales as set forth in subsection (a) or
(b), that has not requested and received a Board exemption from this re-
quirement or has not received approval of an alternative weighing sys-
tem, shall be required to obtain and begin operating the scales by January
1,2007.
(p) If a landfill becomes subject to the scales requirement as set forth
in subsecrion (a) or (b) subsequent to January 1 , 2006, the operator shall
obtain and begin operating the scales by January 1 of the year following
the year the landfill became subject to the requirement. The operator may
submit a request for an exemption from the scales requirement or a re-
quest to implement an alternadve weighing system as set forth in subsec-
tions (f) through (k).
Note: Authority cited: Sections 40502, 41 781 .3, 41 82 1 .5, 43020 and 4302 1 , Pub-
lic Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and
43021, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.3. Training Requirements for a Landfill.
(a) An operator shall provide training on the disposal reporting system
to each gatehouse attendant and disposal report preparer and to other em-
ployees who must comply with the requirements of this Article. Training
for a gatehouse attendant and report preparer shall cover the content of
this Article as it applies to the employees' job duties.
Page 806.138(1)
Register 2005, No. 38; 9-23-2005
§ 18810.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41 821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.4. Landfill Records: Retention, Access, and
Investigations.
(a) An operator shall prepare disposal reporting records and shall:
(1) Include all information, methods, and calculations required by this
Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin
allocations reported to the agency in which the landfill is located pursuant
to section 18810.9(c).
(3) Use a reasonable method to gather the information, such as locally
required or facility specific reporting forms, electronic systems, or the
optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on
electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, the agency, haul-
ers, operators, districts, and the Board to inspect the records during nor-
mal business hours in a single location within California. Haulers and op-
erators shall only be allowed to inspect records relating to their own
operations. An operator is not required to provide records of a jurisdic-
tion's disposal information for reporting years for which the Board has
already completed the biennial review cycle for the apphcable jurisdic-
tion pursuant to section 41825 of the Public Resources Code.
(A) Upon a request to review records, the operator shall make the re-
cords promptly available for inspection. The operator shall respond to the
request within ten days, but may indicate that additional time is necessary
to make the records available due to time necessary to search for, collect
and examine records to respond to the request. In no case shall the inspec-
tion be delayed more than an additional 14 days, unless agreed to by the
requestor.
(B) If copies of specific records are requested, either in lieu of inspec-
tion or after inspection, the operator shall respond to the request for co-
pies within ten days, but may indicate that additional time is necessary
to make the copies due to time necessary to search for, collect, and ex-
amine records to respond to the request. In no case shall the copies be
delayed more than an additional 14 days, unless agreed to by the request-
or. The operator may charge a fee to cover the actual cost of copying. In
no case shall the fee exceed ten cents per page, unless local pubhc records
act requirements establish another rate.
(C) If a hauler or operator believes that a records request includes in-
formation that has been labeled confidential or proprietary by the entity
providing that information as defined in sections 17044 through 17046,
the operator shall inform the Board. The Board shall use the procedures
set forth in section 17046 to determine which records, or parts of records,
may be inspected.
(b) An operator shall respond to requests for clarification regarding
their records within ten days. Requests must be specific and clearly stated
in writing.
(c) The Board may investigate all information, methods, and calcula-
tions pursuant to this Article. If the Board determines that any informa-
tion is inaccurate, the Board may require corrected information.
(d) If an operator that is a jurisdiction, fails to comply with this section,
and that failure prevents the Board from accurately determining the juris-
diction's level of Source Reduction and RecycUng Element implementa-
tion, the Board may initiate the process to issue a compliance order as set
forth in section 41825 of the Public Resources Code.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) An operator shall identify a jurisdiction by providing its name and
specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste
from a region formed pursuant to sections 40970 through 40975 of the
Public Resources Code as originating in that region, without specifying
the individual cities or unincorporated counties, unless otherwise re-
quired by the Board.
(3) An operator shall identify waste imported from outside California
by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency, district, or jurisdic-
tion from enacting ordinances or other measures to ensure that operators
and haulers provide additional jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 41821 .5, Pubhc Resources Code.
HtSTORY
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 0.6. Frequency of Origin Surveys.
(a) At all permitted landfills, origin surveys shall be conducted contin-
uously, each day of landfill operation, for every load, except as described
in subsections (b), (c), and (d).
(b) An operator of a landfill located in a rural city or county, as defined
in sections 40183 and 401 84 of the Public Resources Code, may conduct
origin surveys as specified in subsection (a) or may conduct origin sur-
veys during the following standard survey weeks each year: March 8
through March 14, June 8 through June 14, September 8 through Septem-
ber 14, and December 8 through December 14 (unless an agency has re-
ceived Board approval to use alternative weeks pursuant to sections
1 881 2.6[e] and [f]). During the standard survey weeks, every load of sol-
id waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted landfills, origin surveys of each uncompacted load
of waste with a volume of 12 cubic yards or less may be conducted as spe-
cified in subsection (a) or may be conducted during the following stan-
dard survey weeks each year: March 8 through March 14, June 8 through
June 14, September 8 through September 14, and December 8 through
December 14 (unless an agency has received Board approval to use alter-
native weeks pursuant to sections 18812.6[e] and [f]). Daily origin sur-
veys shall be conducted for all other loads as specified in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a landfill is located authorizes the landfill
operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 0.7. Determining Origin of Waste at a Landfill.
(a) An operator shall determine the origin of all solid waste during the
origin survey period set forth in section 18810.6.
(b) For every load of solid waste received during the entire quarter, an
operator shall record the jurisdiction of origin for all beneficial reuse ma-
terial accepted. An operator shall also record the types and quantities of
material being used as alternative daily, alternative intermediate cover,
and other beneficial reuse. Each type of material used for alternative dai-
ly cover, alternative intermediate cover, and other beneficial reuse shall
be allocated to jurisdictions using a reasonable estimation method. A rea-
sonable method for calculating allocations may include:
(1) Determining each jurisdiction's percentage of each material type
accepted and multiplying by:
(A) the total amounts of alternative daily cover used,
(B) the total amounts of alternative intermediate cover used, and/or
Page 806.1380)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18810.7
(C) the total amounts of other beneficial reuse material used.
(c) For every load received during the entire quarter, an operator shall
track the tons of each of the following types of solid waste disposed at
the landfill, allocated to each jurisdiction:
(1) C&D debris/inert debris,
(2) designated waste, by material type, and
(3) disaster waste.
(d) For all loads not delivered by public contract haulers, an operator
shall obtain and maintain a record of the following information:
(1) the jurisdiction of origin of the waste as set forth in 18810.5, and
(2) other additional information that the operator has determined will
ensure that information provided is accurate.
(e) An operator shall collect jurisdiction of origin from public contract
haulers. The public contract hauler shall provide the jurisdiction of origin
as specified in section 18808.7(b).
(f) If a landfill accepts solid waste from only one jurisdiction, the oper-
ator shall assign all the waste to that jurisdiction.
(g) If an attendant is not present during regular hours of operation, and
one cannot be present for the origin survey period set forth in section
18810.6, and the operator does not receive origin information from the
haulers delivering waste, then the operator shall assign the waste to the
jurisdiction in which the landfill is located by labeling it as "no attendant
host assigned" waste. An operator shall report to the agency, the total
amounts of solid waste assigned to the host jurisdiction pursuant to
18810.9(c). An operator shall also provide information on host assigned
v/aste to a host jurisdiction if requested pursuant to section 18810.9(g).
(h) If solid waste is delivered to the facility and information on the ju-
risdiction of origin is not provided by the delivering hauler or operator
as specified in this Article, then the operator shall assign the waste to the
jurisdiction in which the landfill is located by labeling it as "host as-
signed" waste and send written notification to the agency regarding haul-
er or operator non-comphance as specified in section 18810.1 1. An oper-
ator shall report to the agency, the total amounts of solid waste assigned
to the host jurisdiction pursuant to 18810.9(c). An operator shall also pro-
vide information on host assigned waste to a host jurisdiction if requested
pursuant to section 18810.9(g).
(i) If a landfill conducts continuous daily origin surveys as set forth in
section 18810.6(a) and accepts solid waste from more than one jurisdic-
tion, then the operator shall assign the waste tonnage based on the actual
jurisdiction of origin information reported by haulers and station opera-
tors. If a landfill also conducts origin surveys for uncompacted loads of
12 cubic yards or less during at least a one-week per quarter survey peri-
od, the operator shall estimate the amount of waste assigned to each juris-
diction as described in subsection (k) and add these tonnage allocations
to the tonnage allocations that were based on daily origin survey informa-
tion.
(j) If a landfill in a rural jurisdiction accepts solid waste from more than
one jurisdiction and only conducts origin surveys during one week per
quarter as set forth in section 18810.6(b), the operator shall do the follow-
ing steps in order:
(1) Obtain information on the jurisdiction(s) of origin for each load of
solid waste delivered to the landfill on the dates set forth in section
18810.6(b).
Example:
Four loads delivered during the survey week.
Load 1=5 tons from City A
Load 2 = 5 tons from City B
Load 3 = 10 tons from City C
Load 4 = 5 tons from City B
(2) Calculate the tons of solid waste (other than soil used as cover or
for other on-site uses) assigned to each jurisdiction during the survey
week. The operator shall either add up the amounts accepted from each
jurisdiction, or the amounts of solid waste from each jurisdiction after ad-
justing for diversion activity at the landfill.
Example:
City A = 5 tons (Load 1)
City B = 10 tons (Load 2 + Load 4)
CityC= 10 tons (Load 3)
(3) Calculate the percentage of waste assigned to each jurisdiction dur-
ing the survey week by dividing the tons determined in paragraph (2) by
the total tons of waste for the survey period.
Example:
25 tons delivered during the survey week.
City A = 5 tons/25 tons = 0.2 (20%)
City B = 10 tons/25 tons = 0.4 (40%)
City C = 10 tons/25 tons = 0.4 (40%)
(4) Calculate the number of tons disposed from each jurisdiction dur-
ing the quarter by multiplying the percentage from paragraph (3) with the
total number of tons of solid waste disposed in each quarter from section
18810.9(a).
Example:
1000 tons disposed during quarter.
City A = 0.2 X 1000 tons = 200 tons
City B = 0.4 X 1000 tons = 400 tons
City C = 0.4 X 1000 tons = 400 tons
(k) If an operator conducts origin surveys of each uncompacted load
of solid waste with a volume of 12 cubic yards or less during a one-week
survey period each quarter pursuant to section J 881 0.6(c), then the oper-
ator shall calculate the estimated tons of solid waste delivered in these
loads from each jurisdiction for the quarter. The calculated tonnage al-
locations shall be based on the actual origin information reported by haul-
ers during the survey period. The operator shall do the following steps in
order.
(1) Obtain information on thejurisdiction(s) of origin for each uncom-
pacted load with a volume of 12 cubic yards or less delivered to the land-
fill on the dates set forth in section 18810.6(c).
Example:
Four uncompacted loads of 12 cubic yards or less delivered during the
survey week.
Load 1 = 0.5 ton from City A
Load 2 = 0.5 ton from City B
Load 3 = 0.5 ton from City C
Load 4 = 0.5 ton from City B
(2) Calculate the tons of soUd waste (other than soil used as cover or
for other on-site uses) delivered in uncompacted loads of 12 cubic yards
or less assigned to each jurisdiction during the survey week. The operator
shall either add up the amounts accepted from each jurisdiction, or the
amounts of solid waste from each jurisdiction after adjusting for diver-
sion activity at the landfill.
Example:
City A = 0.5 ton (Load 1)
City B = 1 ton (Load 2 + Load 4)
City C = 0.5 ton (Load 3)
(3) Calculate the percentage of solid waste assigned to each jurisdic-
tion during the survey week by dividing the tons determined in paragraph
(2) by the total tons of solid waste delivered in uncompacted loads of 12
cubic yards or less during the survey week.
Example:
2 tons delivered in uncompacted loads of 12 cubic yards or less during
survey week.
City A = 0.5 ton/2 tons = 0.25 (25%)
City B = 1 ton/2 tons = 0.5 (50%)
City C = 0.5 ton/2 tons = 0.25 (25%)
(4) Calculate the number of tons delivered in uncompacted loads of 1 2
cubic yards or less and disposed from each jurisdiction during the quarter
by muUiplying the percentages from paragraph (3) with the total tons of
solid waste disposed during the quarter that were delivered in uncom-
pacted loads of 12 cubic yards or Jess.
Example:
100 tons delivered in uncompacted loads of 12 cubic yards or less and
disposed during the quarter.
Page 806.138(k)
Register 2005, No. 38; 9-23-2005
§ 18810.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
City A = 0.25 X 100 tons = 25 tons
City B = 0.5 X 100 tons = 50 tons
City C = 0.25 X 100 tons = 25 tons
NOTE: Authority cited: Sections 40502, 41 78 1 .3, 4 1 82 1 .5, 43020 and 4302 ] , Pub-
lic Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and
43021, Public Resources Code.
History
] . New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which an
operator must comply as set forth in section 18812.8.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
lion 41821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.9. Landfill Disposal Reports: Content, Timing, and
Distribution.
(a) The following requirements shall apply to an operator of a per-
mitted landfill:
(1) An operator shall determine the total number of tons of solid waste
disposed in each quarter. The tons disposed shall be the same number of
tons reported to the Board of Equalization that are subject to the fee pur-
suant to section 48000 of the Public Resources Code and section 45151
of the Revenue and Taxation Code.
(2) An operator of a facility that does not have to report tons disposed
to the Board of Equalization pursuant to section 48007(b) of the Public
Resources Codes (as added by Stats. 1999, Chapter 600), is still required
to determine the total number of tons of solid waste disposed in each
quarter. However, for these facilities, the tons disposed will not have to
be reconciled with the tons reported to the Board of Equalization.
(3) An operator of a facility that has been exempted from the fee pur-
suant to section 48006 of the Public Resources Code is still required to
report the total number of tons of solid waste disposed in each quarter.
However, for these facilities, the tons disposed will not have to be recon-
ciled with the tons reported to the Board of Equalization that are subject
to the fee.
(b) An operator shall track the total tons of solid waste accepted by the
landfill and sent off-site for reuse, recycling, or composting.
(c) An operator shall provide the following quarterly information to
the agency in which the facility is located. An operator shall keep copies
of the quarterly information and all supporting documentation used to
prepare the information pursuant to the record keeping requirements in
section 18810.4. An operator shall report, by jurisdiction of origin (in-
cluding host assigned jurisdiction of origin, if applicable), information
on the amounts and types of all solid waste specified in this subsection.
The operator shall report:
(1) the facility name and Solid Waste Information System (SWIS)
number,
(2) the reporting quarter and year,
(3) the total tons of all solid waste and all materials accepted at the fa-
cility, excluding soil used on-site,
(4) the total tons of waste reused on-site at the facility, separated as
follows:
(A) the total tons of each type of alternative daily cover used during
the quarter, and
(B) the total tons of each type of alternative intermediate cover used
during the quarter, and
(5) the total tons of solid waste disposed at the landfill.
(d) An operator shall provide quarterly summary information to the
agency in which the facility is located. The summary information shall
include:
(1) the total tons of soil used as cover or for other on-site uses during
the quarter,
(2) the total tons of solid waste accepted by the landfill, excluding soil
used on-site,
(3) the total tons of solid waste used on-site, separated as follows:
(A) the total tons of each type of alternative daily cover,
(B) the total tons of each type of alternative intermediate cover, and
(C) the total tons of each type of other beneficial reuse material,
(4) the total tons of solid waste sent off-site for reuse, recycling, or
composting,
(5) the total tons of solid waste disposed at the landfill,
(6) the total tons reported to the Board of Equalization subject to the
fee pursuant to section 48000 of the Public Resources Code and section
45151 of the Revenue and Taxation Code,
(7) either:
(A) the estimated in-place density achieved at the landfill in units of
pounds of waste per cubic yard of waste and the estimated waste-to-cov-
er ratio used at the landfill during the quarter, or
(B) the airspace utilization factor (tons of waste per cubic yard of land-
fill airspace) for the quarter, and
(This information shall be included in the quarterly report so that the
Board may accurately calculate the remaining capacity of the landfill as
well as regional and statewide remaining capacity. It is not the intent of
this section to subject a landfill to a Notice of Violation should it subse-
quently be determined that these estimates are unknowingly inaccurate.)
(8) a brief summary of the methods used to determine the jurisdictions
of origin.
(e) Upon request, an operator shall provide the agency in which the fa-
cility is located with a copy of the Integrated Waste Management Fee Re-
turn submitted to the Board of EquaHzation.
(f) The operator shall provide all quarterly information to the agency
by the due dates in section 18810.10.
(g) Upon request by a jurisdiction, an operator shall provide all quar-
terly information pertaining to the jurisdiction by the due dates in section
18810.10. In lieu of sending quarterly disposal information directly to a
jurisdiction, an operator may electronically submit the information to the
Board using a format that would allow the Board to make the information
available on its web site. In addition to the amounts reported in subsection
(c)(3) through (5), a jurisdiction's request for quarterly disposal informa-
tion may include:
(1) the total tons of each type of other beneficial reuse material (ex-
cluding alternative daily cover and alternative intermediate cover),
(2) the total tons of C&D debris/inert debris disposed,
(3) the total tons of each type of designated waste disposed, and
(4) the total tons of disaster waste disposed.
(h) An operator shall send an annual report on disposal reporting meth-
ods to the agency in which the facility is located. An operator shall send
the annual report by the due date in section 18810.10. An operator shall
keep a copy of the annual report in the facility's records pursuant to sec-
tion 18810.4. The report shall cover each year beginning on January 1
and ending on December 31 and shall include the following:
(1) facility name and Solid Waste Information System (SWIS) num-
ber,
(2) operator name,
(3) operator mailing address,
(4) operator telephone number,
(5) operator email address, if available,
(6) the number and type of scales, if applicable,
(7) all volumetric conversion factors used for each vehicle and/or trail-
er type and/or load type and a description of the method used to determine
the conversion factors pursuant to section 18810.2(d)(1) or (e),
(8) the frequency of each type of origin survey,
(9) the percentage of the total tons of disposed waste assigned to each
jurisdiction that was based on:
(A) origin information collected during a one-week per quarter survey
period as allowed in section 18810.6(b) or 18810.6(c), if applicable, and
(B) volumetric conversion factors rather than actual weight measure-
ments,
(10) the method(s) of determining jurisdiction of origin, including the
questions gatehouse attendants ask haulers.
Page 806.138(1)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18811.1
(11) the method(s) used to verity origin information, if applicable,
(12) any restrictions on which jurisdictions may use the landfill,
(13) any differences inlandfill tipping fees based on jurisdiction of ori-
gin.
(14) a listing or description of the computer program(s) or method
used to track waste tonnage and origin information,
(1 5) the method(s) used to track the amounts of alternative daily cover,
alternative intermediate cover, and other beneficial reuse materials used
at the facility,
(16) the method(s) used to track C&D debris/inert debris loads, if ap-
plicable,
(17) the designated waste types accepted and method(s) of tracking
designated wastes, if applicable,
(18) the method(s) used to track disaster waste loads, if applicable,
(19) the days and hours of operation, including all significant varia-
tions in the schedule during the reporting year, and
(20) either:
(A) the calculated in-place waste density achieved at the landfill (in
pounds of waste per cubic yard of waste) and a description of the method
used to calculate in-place waste density achieved at the landfill, and the
calculated waste-to-cover ratio used at the landfill and a description of
the method used to calculate the waste-to-cover ratio(s) used at the land-
fill or
(B) the airspace utilization factor (tons of waste per cubic yard of land-
fill airspace) and a description of the method used to calculate the air-
space utilization factor.
(This information shall be included in the annual report so that the
Board may accurately calculate the remaining capacity of the landfill as
Vv'ell as regional and statewide remaining capacity. It is not the intent of
this section to subject a landfill to a Notice of Violation should it subse-
quently be determined that these estimates are unknowingly inaccurate).
(i) If the Board determines that an operator has inaccurately reported
alternative daily cover, alternative intermediate cover, other beneficial
reuse, or other diversion tonnage, that should have been reported as dis-
posal, the operator shall revise its reported disposal tonnage to reflect the
Board's determination and pay the fee required by section 48000 of the
Public Resources Code.
(j) If an operator amends disposal reporting information, the operator
is only required to provide the amended information to the agency once
per quarter (the operator shall still allow access to records in accordance
with section 18810.4). An operator is not required to provide amended
disposal information for reporting years once the Board has completed
the biennial review cycle for those years pursuant to section 41825 of the
F*ublic Resources Code.
NOTE: Authority cited: Sections 40502, 41 78 1 .3, 4 1 82 1 .5, 43020 and 4302 1 , Pub-
lic Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and
43021, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18810.10. Disposal Reporting Due Dates for a Landfill.
(a) An operator of a landfill shall send a quarterly report to the agency
in which the facility is located as described in sections 18810.9(c), (d),
and (e), if applicable. If requested by a jurisdiction, the operator shall also
send the quarterly disposal information to the jurisdiction as set forth in
section 18810.9(g). An operator shall send the report by June 15 for the
first quarter, September 15 for the second quarter, December 15 for the
third quarter, and March 15 for the fourth quarter of the previous year.
(b) An operator of a landfill shall send an annual report on disposal re-
porting methods to the agency in which the facility is located, as de-
scribed in section 18810.9(h). An operator shall send this annual report
by March 15 for the previous year. An operator shall respond to requests
for clarification regarding jurisdiction of origin allocations as specified
in section 18810.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
HrSTORY
I. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§18810.11. Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator
fails to comply with this Article by not providing the operator with in-
formation required for the preparation of quarterly disposal reports. The
hauler or operator shall send written information on specific allegations
of non-compliance to the agency by June 15 for the first quarter, Septem-
ber 15 for the second quarter, December 15 for the third quarter, and
March 15 for the fourth quarter of the previous year.
(b) A hauler or operator may inform the agency of other non-com-
pliance issues concerning a hauler or operator. The hauler or operator
shall send written information on specific allegations to the agency.
(c) A hauler or operator may inform the Board if an agency fails to
comply with this Article. A hauler or operator shall send written informa-
tion on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 1 8804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 . Disposal Reporting Requirements for a
Transformation Facility.
(a) Sections 18811.1 through 18811.11 estabhsh the requirements for
a transformation facility as follows:
(1) Signage at a Transformation Facility Section 18811.1
(2) Scales and Weighing Requirements at a
Transformation Facility Section 18811.2
(3) Training Requirements for a Transformation
Facility Section 18811.3
(4) Transformation Facility Records: Retention,
Access, and Investigations Section 18811.4
(5) Identifying Jurisdiction of Origin Section 1881 1.5
(6) Frequency of Origin Surveys Section 1881 1 .6
(7) Determining Origin of Waste at a Transformation
Facility Section 1881 1.7
(8) Applicability of Alternative Reporting Systems Section 1881 1.8
(9) Transformation Facility Disposal Reports:
Content, Timing, and Distribution Section 18811.9
(10) Disposal Reporting Due Dates for a Transformation
Facility Section 18811.10
(11) Non-compliance Section 18811.11
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 52).
2. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005,
No. 38).
§ 1 881 1 .1 . Signage at a Transformation Facility.
(a) An operator may post a sign regarding the collection of waste origin
information during the origin survey period specified in section
18811.6(a) or (b).
(b) The sign may include the following:
(1) "State law requires information on where your waste is from. Be
prepared to provide it to the attendant." or
(2) "Be prepared to tell the attendant where your waste is from." or
(3) Other wording reasonably similar to the wording in subsection (1)
or (2).
(c) The sign may be translated into additional languages, including but
not limited to Spanish.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
Page 806.138(m)
Register 2005, No. 38; 9-23-2005
§ 18811.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 1 881 1 .2. Scales and Weighing Requirements at a
Transformation Facility.
(a) An operator of a transformation facility shall weigh every uncom-
pacted load of solid waste greater than 12 cubic yards. An operator shall
also weigh every compacted load of waste. For each uncompacted load
less than or equal to 12 cubic yards that is not weighed, an operator shall
use volumetric conversion factors to estimate weight as described in sub-
section (b). If a transformation facility's scales are inoperable for a period
of time, the operator shall estimate the weight of solid waste using volu-
metric conversion factors as described in subsection (b) until the scales
are back in operation.
(b) For all solid waste that a transformation facility operator is allowed
to not weigh with scales, the operator shall use reasonable, volumetric
conversion factors to estimate the weight of the waste. Volumetric con-
version factors used at a transformation facility shall meet the following
guidelines:
(1) A volumetric conversion factor for a given vehicle and/or trailer
type and/or load type (e.g. C&D debris/inert debris load) shall be derived
from the average of actual weight data collected for the vehicle and/or
trailer type and/or load type during a seven-day minimum weighing peri-
od conducted at least every five years. The operator shall determine indi-
vidual volumetric conversion factors for all the types of vehicles and/or
trailers that haul waste to the transformation facility and/or all types of
loads hauled to the facility. The weight data for each vehicle and/or trailer
type and/or load type shall be based on a statistically representative sam-
ple of vehicles and/or trailers and/or loads.
(2) All volumetric conversion factors for each vehicle and/or trailer
type and/or load type and a description of the method used to determine
the conversion factors shall be included in the transformation facility's
annual report of disposal reporting methods as set forth in 18811.9(0-
(3) All volumetric conversion factors and supporting calculations and
documentation shall be made available for Board review staff upon re-
quest pursuant to section 18811.4.
(4) If the Board determines that volumetric conversion factors are not
reasonable or adequately supported, the Board may require the operator
to collect new weight data to establish new volumetric conversion fac-
tors.
(c) An operator of a transformation facility may submit a request to im-
plement an alternative weighing system (for example, using off-site
scales). An alternative weighing system must meet the minimum weigh-
ing requirements of this section. An operator shall submit a request to im-
plement an alternative weighing system to the Board as set forth in sub-
sections (d) through (g).
(d) A transformation facility operator's request to implement an alter-
native weighing system shall include the following minimum informa-
tion:
(1) transformation facility name,
(2) transformation facility Solid Waste Information System (SWIS)
number,
(3) transformation facility address,
(4) operator name,
(5) operator mailing address,
(6) operator telephone number,
(7) operator email address, if available,
(8) justification for the alternative weighing system, such as use of off-
site scales,
(9) annual average weight (or annual average volume) of waste ac-
cepted per day of operation, and
(10) volumetric conversion factors to be used to estimate weight.
(e) Prior to submitting a request to implement an alternative weigliing
system, an operator shall provide at least a 30-day notice of the proposed
request to, and accept and respond to comments from applicable parties
including:
(1) haulers that dispose of waste at the transformation facility,
(2) the agency in which the transformation facility is located.
(3) jurisdictions that dispose of waste at the transformation facihty,
and
(4) the Local Task Force established pursuant to section 18761 of this
Division.
(f) An operator shall send a request to implement an alternative weigh-
ing system to Board staff for review. The operator shall also send docu-
mentation showing that applicable parties were notified and include a
copy of the responses to comments received on the request.
(g) Within 30 working days from receipt of a request, Board staff shall
inform the operator, in writing, that the request is complete and accepted
for filing, or that the request is deficient and what specific information
is still required. Board staff shall approve or disapprove the request with-
in 60 working days from the date the request is deemed complete. The
operator may appeal the Board staff determination to the Board.
(h) If subsequent to an approval of a request to implement an alterna-
tive weighing system, the Board determines a transformation facility no
longer meets the criteria of this section, the Board may rescind the ap-
proval.
(i) Nothing in this Article shall prevent an operator from weighing
more loads than the minimum required by this section as part of its opera-
tion. Nothing in this Article shall prevent an agency from requiring an op-
erator to weigh more loads than the minimum required by this section,
based upon its own authority to impose requirements on that operator.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 .3. Training Requirements for a Transformation
Facility.
(a) An operator shall provide training on the disposal reporting system
to each gatehouse attendant and disposal report preparer and to other em-
ployees who must comply with the requirements of this Article. Training
for a gatehouse attendant and report preparer shall cover the content of
this Article as it applies to the employees' job duties.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18811.4. Transformation Facility Records: Retention,
Access, and Investigations.
(a) An operator shall prepare disposal reporting records and shall:
(1) Include all information, methods, and calculations required by this
Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin
allocations reported to the agency in which the transformation facility is
located pursuant to section 18811.9(b).
(3) Use a reasonable method to gather the information, such as locally
required or facility specific reporting forms, electronic systems, or the
optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on
electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, the agency, haul-
ers, operators, districts, and the Board to inspect the records during nor-
mal business hours in a single location within California. Haulers and op-
erators shall only be allowed to inspect records relating to their own
operations. An operator is not required to provide records of a jurisdic-
tion's disposal information for reporting years for which the Board has
already completed the biennial review cycle for the applicable jurisdic-
tion pursuant to section 41825 of the Public Resources Code.
(A) Upon a request to review records, the operator shall make the re-
cords promptly available for inspection. The operator shall respond to the
request within ten days, but may indicate that additional time is necessary
to make the records available due to time necessary to search for, collect
and examine records to respond to the request. In no case shall the inspec-
Page 806.138(n)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18811.7
tion be delayed more than an additional 14 days, unless agreed to by tlie
requestor.
(B) If copies of specific records are requested, either in lieu of inspec-
tion or after inspection, the operator shall respond to the request for co-
pies within ten days, but may indicate that additional time is necessary
to make the copies due to time necessary to search for, collect, and ex-
amine records to respond to the request. In no case shall the copies be
delayed more than an additional 14 days, unless agreed to by the request-
or. The operator may charge a fee to cover the actual cost of copying. In
no case shall the fee exceed ten cents per page, unless local public records
act requirements establish another rate.
(C) If a hauler or operator believes that a records request includes in-
formation that has been labeled confidential or proprietary by the entity
providing that information as defined in sections 17044 through 17046,
the operator shall inform the Board. The Board shall use the procedures
set forth in section 1 7046 to determine which records, or parts of records,
may be inspected.
(b) An operator shall respond to requests for clarification regarding
their records within ten days. Requests must be specific and clearly stated
in writing.
(c) The Board may investigate all information, methods, and calcula-
tions pursuant to this Article. If the Board determines that any informa-
tion is inaccurate, the Board may require corrected information.
(d) If an operator that is a jurisdiction, fails to comply with this section,
and that failure prevents the Board from accurately determining the juris-
diction's level of Source Reduction and Recycling Element implementa-
tion, the Board may initiate the process to issue a compliance order as set
forth in section 41825 of the Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 .5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) An operator shall identify a jurisdiction by providing its name and
specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste
from a region formed pursuant to sections 40970 through 40975 of the
F^ublic Resources Code as originating in that region, without specifying
the individual cities or unincorporated counties, unless otherwise re-
quired by the Board.
(3) An operator shall identify waste imported from outside California
by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency, district, or jurisdic-
tion from enacting ordinances or other measures to ensure that operators
and haulers provide additional jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 .6. Frequency of Origin Surveys.
(a) At all permitted transformation facilities, origin surveys shall be
conducted continuously, each day of facility operation, for every load,
except as described in subsections (b), (c), and (d).
(b) An operator of a transformation facility located in a rural city or
county, as defined in sections 40183 and 40184 of the Public Resources
Code, may conduct origin surveys as specified in subsection (a) or may
conduct origin surveys during the following standard survey weeks each
year: March 8 through March 14, June 8 through June 14, September 8
through September 14, and December 8 through December 14 (unless an
agency has received Board approval to use alternative weeks pursuant to
sections 18812.6[e] and [f]). During the standard survey weeks, every
load of solid waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted transformation facilities, origin surveys of each
uncompacted load of waste with a volume of 12 cubic yards or less may
be conducted as specified in subsection (a) or may be conducted during
the following standard survey weeks each year: March 8 through March
14, June 8 through June 14, September 8 through September 14, and De-
cember 8 through December 14 (unless an agency has received Board ap-
proval to use alternative weeks pursuant to sections 18812.6[e] and [f]).
Daily origin surveys shall be conducted for all other loads as specified
in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a transformation facility is located autho-
rizes the facility operator to assign all waste tonnage to that city or
county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 .7. Determining Origin of Waste at a
Transformation Facility.
(a) An operator shall determine the origin of all solid waste during the
origin survey period set forth in section 18811.6.
(b) During the entire quarter, an operator who sends solid waste to
another facihty within California shall provide the operator of that facil-
ity with the jurisdiction of origin for all material in each load identified
by the receiving operator as potential alternative daily cover, alternative
intermediate cover, or other beneficial reuse material based on actual dai-
ly tonnage. An operator shall also inform a receiving operator of the type
or types of material being supplied.
(c) For each load received during the entire quarter, an operator shall
track tons of each of the following types of sohd waste that underwent
transformation, allocated to each jurisdiction:
(1) C&D debris/inert debris,
(2) designated waste, by material type, and
(3) disaster waste.
(d) For all loads not delivered by public contract haulers, an operator
shall obtain and maintain a record of the following information:
(1) the jurisdiction of origin of the waste as set forth in 18811.5, and
(2) other additional information that the operator has determined will
ensure that jurisdiction of origin information provided is accurate.
(e) An operator shall collect jurisdiction of origin from public contract
haulers. The public contract hauler shall provide the jurisdiction of origin
as specified in section 18808.7(b).
(f) If a transformation facility accepts solid waste from only one juris-
diction, the operator shall assign all the waste to that jurisdiction.
(g) If an attendant is not present during regular hours of operation, and
one cannot be present for the origin survey period set forth in section
1881 1.6, and the operator does not receive origin information from the
haulers delivering waste, then the operator shall assign the waste to the
jurisdiction in which the facility is located by labeling it as "no attendant
host assigned" waste. An operator shall report to the agency, the total
amounts of solid waste assigned to the host jurisdiction pursuant to
1881 1.9(b). An operator shall also provide information on host assigned
waste to a host jurisdiction if requested pursuant to section 18811.9(e).
(h) If sohd waste is delivered to the facility and information on the ju-
risdiction of origin is not provided by the delivering hauler or operator
as specified in this Article, then the operator shall assign the waste to the
jurisdiction in which the facihty is located by labeling it as "host as-
signed" waste and send written notification to the agency regarding haul-
er or operator non-compliance as specified in section 18811.1 1. An oper-
ator shall report to the agency, the total amounts of solid waste assigned
Page 806.138(0)
Register 2005, No. 38; 9-23-2005
§ 18811.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
to the host jurisdiction pursuant to 188 J 1.9(b). An operator shall also pro-
vide information on host assigned waste to a host jurisdiction if requested
pursuant to section 18811.9(6).
(i) If a transformation facility that conducts continuous daily origin
surveys as set forth in section 188 11. 6(a) accepts solid waste from more
than one jurisdiction, then the operator shall assign the waste based on
the actual jurisdiction of origin information reported by haulers and sta-
tion operators. If a transformation facility also conducts origin surveys
for uncompacted loads of 12 cubic yards or less during at least a one-
week per quarter survey period, the operator shall estimate the amount
of waste assigned to each jurisdiction as described in subsection (k) and
add these tonnage allocations to the tonnage allocations that were based
on daily origin survey information.
(j) If a transformation facility in a rural jurisdiction accepts solid waste
from more than one jurisdiction and only conducts origin surveys during
one week per quarter as set forth in section 1881 1.6(b), the operator shall
do the following steps in order:
(1) Obtain information on the jurisdiction(s) of origin for each load of
waste delivered to the facility on the dates set in section 18811.6(b).
Example:
Four loads delivered during the survey week.
Load 1 = 5 tons from City A
Load 2 = 5 tons from City B
Load 3 = 10 tons from City C
Load 4 = 5 tons from City B
(2) Calculate the tons of solid waste assigned to each jurisdiction dur-
ing the survey week. The operator shall either add up the tons of solid
waste accepted from each jurisdiction, or the amounts of solid waste that
underwent transformation from each jurisdiction after adjusting for
front-end diversion at the transformation facility.
Example:
City A = 5 tons (Load 1)
City B = 10 tons (Load 2 -i- Load 4)
City C = 10 tons (Load 3)
(3) Calculate the percentage of waste assigned to each jurisdiction dur-
ing the survey week by dividing the tons from paragraph (2) by the total
tons of solid waste for the survey period.
Example:
25 tons delivered during the survey week.
City A = 5 tons/25 tons = 0.2 (20%)
City B = 10 tons/25 tons = 0.4 (40%)
City C = 10 tons/25 tons = 0.4 (40%)
(4) Calculate the number of tons of solid waste that underwent trans-
formation from each jurisdiction during the quarter by multiplying the
percentage from paragraph (3) with the total tons of solid waste that un-
derwent transformation in each quarter.
Example:
1000 tons of solid waste underwent transformation during the quarter.
City A = 0.2 X 1000 tons = 200 tons
City B = 0.4 X 1000 tons = 400 tons
City C = 0.4 X 1000 tons = 400 tons
(k) If an operator conducts origin surveys of each uncompacted load
of soHd waste with a volume of 12 cubic yards or less during a one-week
survey period each quarter pursuant to section 1881 1 .6(c), then the oper-
ator shall calculate the estimated tons of solid waste delivered in these
loads from each jurisdiction for the quarter. The calculated tonnage al-
locations shall be based on the actual origin information reported by haul-
ers during the survey period. The operator shall do the following steps in
order.
(1) Obtain information on the jurisdiction(s) of origin for each uncom-
pacted load with a volume of 1 2 cubic yards or less delivered to the trans-
formation facility on the dates set forth in section 18811.6(c).
Example:
Four uncompacted loads of 12 cubic yards or less delivered during the
survey week.
Load 1 = 0.5 ton from City A
Load 2 = 0.5 ton from City B
Load 3 = 0.5 ton from City C
Load 4 = 0.5 ton from City B
(2) Calculate the tons of solid waste delivered in uncompacted loads
of 12 cubic yards or less assigned to each jurisdiction during the survey
week. The operator shall either add up the tons of solid waste accepted
from each jurisdiction, or the amounts of solid waste that underwent
transformation from each jurisdiction after adjusting for front-end diver-
sion at the transformation facility.
Example:
City A = 0.5 ton (Load 1)
City B = 1 ton (Load 2 -i- Load 4)
City C = 0.5 ton (Load 3)
(3) Calculate the percentage of sohd waste assigned to each jurisdic-
tion during the survey week by dividing the tons determined in paragraph
(2) by the total tons of sohd waste delivered in uncompacted loads of i 2
cubic yards or less during the survey week.
Example:
2 tons delivered in uncompacted loads of 1 2 cubic yards or less during
the survey week.
City A = 0.5 ton/2 tons = 0.25 (25%)
City B = 1 ton/2 tons = 0.5 (50%)
City C = 0.5 ton/2 tons = 0.25 (25%)
(4) Calculate the number of tons delivered in uncompacted loads of 1 2
cubic yards or less that underwent transformation from each jurisdiction
during the quarter by multiplying the percentages from paragraph (3)
with the total tons of soUd waste that underwent transformation during
the quarter that were delivered in uncompacted loads of 12 cubic yards
or less.
Example:
100 tons were delivered in uncompacted loads of 12 cubic yards or less
and underwent transformation during the quarter.
City A = 0.25 X 100 tons = 25 tons
City B = 0.5 X 100 tons = 50 tons
City C = 0.25 X 100 tons = 25 tons
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8811 .8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which an
operator must comply as set forth in section 18812.8.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18811.9. Transformation Facility Disposal Reports:
Content, Timing, and Distribution.
(a) An operator shall track the total tons of solid waste accepted by the
facility and sent off-site for reuse, recycling, or composting.
(b) An operator shall provide the following quarterly information to
the agency in which the facility is located. An operator shall keep copies
of the quarterly information and all supporting documentation used to
prepare the information pursuant to the record keeping requirements in
section 18811.4. An operator shall report, by jurisdiction of origin (in-
cluding host assigned jurisdiction of origin, if applicable), information
on the amounts and types of all solid waste specified in this subsection.
The operator shall report:
(1) the facility name and Solid Waste Information System (SWIS)
number,
(2) the reporting quarter and year,
(3) the total tons of solid waste accepted at the facility,
(4) the total tons of each type of material from each jurisdiction identi-
fied for potential reuse as:
Page 806.138(p)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18812
(A) alternative daily cover, and
(B) alternative intemiediate cover,
(5) the total tons from each jurisdiction that underwent transformation,
and
(c) An operator shall provide quarterly summary information to the
agency in which the facility is located. The summary information shall
include:
(1) the total tons of solid waste accepted at the facility,
(2) the total tons of solid waste identified for potential reuse, separated
as follows:
(A) the total tons of each type of alternative daily cover,
(B) the total tons of each type of alternative intermediate cover, and
(C) the total tons of each type of other beneficial reuse material,
(3) the total tons of other solid waste sent off-site for reuse, recycling,
or composting,
(4) the total tons of all solid waste that underwent transformation,
(5) the total tons of untreated ash resulting from the transformation
process, and
(6) a brief summary of the methods used to determine the jurisdictions
of origin.
(d) The operator shall provide the quarterly information in subsections
(b) and (c) to the agency by the due dates in section 18811.10.
(e) Upon request by a jurisdiction, an operator shall provide all quar-
terly information pertaining to the jurisdiction by the due dates in section
1881 1 . 10. In lieu of sending quarterly disposal information directly to a
jurisdiction, an operator may electronically submit the information to the
Board using a format that would allow the Board to make the information
available on its web site. In addition to the amounts reported in subsection
(b)(3) through (5), a jurisdiction's request for quarterly information may
include:
(1) the total tons of each type of material identified as other potential
beneficial reuse material (excluding alternative daily cover and alterna-
tive intermediate cover),
(2) the total tons of C&D debris/inert debris that underwent trans-
formation,
(3) the total tons of each type of designated waste that underwent trans-
formation, and
(4) the total tons of disaster waste that underwent transformation.
(f) An operator shall send an annual report on disposal reporting meth-
ods to the agency in which the facility is located. An operator shall send
the annual report by the due date in section 1881 1.10. An operator shall
keep a copy of the annual report in the facility's records pursuant to sec-
tion 18811.4. The report shall cover each year beginning on January 1
and ending on December 31 and shall include the following:
(1) the facility name and Solid Waste Information System (SWIS)
number,
(2) operator name,
(3) operator mailing address,
(4) operator telephone number,
(5) operator email address, if available,
(6) all volumetric conversion factors used for each vehicle and/or trail-
er type and/or load type and a description of the method used to determine
the conversion factors in compliance with section 18811.2(b)(1),
(7) the frequency of each type of origin survey,
(8) the percentage of the total tons of waste that underwent transforma-
tion assigned to each jurisdiction that was based on:
(A) origin information collected during a one-week per quarter survey
period as allowed in section 18811.6(b) or (c), if applicable, and
(B) volumetric conversion factors rather than actual weight measure-
ments,
(9) the method(s) of determining jurisdiction of origin, including the
questions gatehouse attendants ask haulers,
(10) the method(s) used to verify origin information, if applicable,
(11) any restrictions on which jurisdictions may use the facility,
(12) any differences in transformation facility tipping fees based on ju-
risdiction of origin, ^
(13) a listing or description of the computer program(s) or method
used to track waste tonnage and origin information,
(14) the method(s) used to track C&D debris/inert debris loads, if ap-
plicable,
(15) the designated waste types accepted and method(s) of tracking
designated wastes, if applicable,
(16) the method(s) used to track disaster waste loads, if applicable.
(17) the final disposition of ash resulting from the transformation pro-
cess, including the method of ash diversion, if applicable, and
(18) the days and hours of operation, including all significant varia-
tions in the schedule during the reporting year.
(g) If an operator amends disposal reporting information, the operator
is only required to provide the amended information to the agency once
per quarter (the operator shall still allow access to records in accordance
with section 18811.4). An operator is not required to provide amended
disposal information for reporting years once the Board has completed
the biennial review cycle for those years pursuant to section 41 825 of the
Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 8811 .1 0. Disposal Reporting Due Dates for a
Transformation Facility.
(a) An operator of a transformation facility shall send a quarterly re-
port to the agency in which the facility is located as described in sections
1881 1.9(b) and (c). If requested by a jurisdiction, the operator shall also
send a quarteriy report to the jurisdiction as set forth in section
18811.9(e). An operator shall send the report by May 31 for the first quar-
ter, August 31 for the second quarter, November 30 for the third quarter,
and February 28 for the fourth quarter of the previous year.
(b) An operator of a transformation facility shall send an annual report
on disposal reporting methods to the agency in which the facility is lo-
cated, as described in section 18811.9(f). An operator shall send this
annual report by March 15 for the previous year. An operator shall re-
spond to requests for clarification regarding jurisdiction of origin alloca-
tions as specified in section 18811.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operadve 1-1-2006 (Register 2005, No. 38).
§ 1 881 1 .1 1 . Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator
fails to comply with this Article by not providing the operator with in-
formation required for the preparation of quarterly disposal reports. The
hauler or operator shall send written information on specific allegations
of non-compliance to the agency by June 1 5 for the first quarter, Septem-
ber 15 for the second quarter, December 15 for the third quarter, and
March 15 for the fourth quarter of the previous year.
(b) A hauler or operator may inform the agency of other non-com-
pliance issues concerning a hauler or operator. The hauler or operator
shall send written information on specific allegations to the agency.
(c) A hauler or operator may inform the Board if an agency fails to
comply with this Article. A hauler or operator shall send written informa-
tion on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18812. Disposal Reporting Requirements for an Agency.
(a) Sections 18812.1 through 18812.11 establish the requirements for
an agency as follows:
(1) Signage for an Agency Section 18812.1
Page 806.138(q)
Register 2005, No. 38; 9-23-2005
§ 18812.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(2) Scales and Weighing Requirements for an
Agency Section 18812.2
(3) Training Requirements for an Agency Section 18812.3
(4) Agency Records: Retention, Access, and
Investigations Section 18812.4
(5) Identifying Jurisdiction, of Origin Section 18812.5
(6) Frequency of Origin Surveys Section 18812.6
(7) Determining Origin of Waste for an Agency Section 18812.7
(8) Applicability of Alternative Reporting
Systems " Section 18812.8
(9) Agency Disposal Reports: Content, Timing.
and Distribution Section 18812.9
(10) Disposal Reporting Due Dates for an
Agency Section 18812.10
{\l) Non-compliance Section 18812.11
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section J 1346.2(d) (Register 94, No. 52).
2. Amendment of subsection (a)(4) and Note Filed 1 1-5-97; operative 1 1-5-97
pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
3. Change without regulatory effect adding subsection (f) filed 8-25-2000 pur-
suant to section 100, title 1, California Code of Regulations (Register 2000, No.
34).
4. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005,
No. 38).
§ 1 881 2.1 . Signage for an Agency. (Not applicable)
History
1. New secfion filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18812.2. Scales and Weighing Requirements for an
Agency. (Not applicable)
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New secfion filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18812.3. Training Requirements for an Agency.
(a) An agency shiall provide training on the disposal reporting system
to each disposal report preparer and to other employees who must com-
ply with the requirements of this Article. Training for a report preparer
shall cover the content of this Article as it applies to the report preparer's
job duties.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
fion 41821.5, Public Resources Code.
History
1. New secfion filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18812.4. Agency Records: Retention, Access, and
Investigations.
(a) An agency shall prepare disposal reporting records and shall:
(1) Include all information, methods, and calculations required by this
Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin
allocations reported to the Board and jurisdictions pursuant to sections
18812.9(a), (c) and (d).
(3) Use a reasonable method to gather the information, such as locally
required or facility specific reporting forms, electronic systems, or the
optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on
electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, haulers, operators,
districts, and the Board to inspect the records during normal business
hours in a single location within California. Haulers and operators shall
only be allowed to inspect records relating to their own operations. An
agency is not required to provide records of a jurisdiction's disposal in-
formation for reporting years for which the Board has already completed
the biennial review cycle for the applicable jurisdiction pursuant to sec-
fion 41825 of the Public Resources Code.
(A) Upon a request to review records, the agency shall make the re-
cords proinptly available for inspection. The agency shall respond to the
request within ten days, but may indicate that additional time is necessary
to make the records available due to time necessary to search for, collect
and examine records to respond to the request. In no case shall the inspec-
Uon be delayed more than an additional 14 days, unless agreed to by the
requestor.
(B) If copies of specific records are requested, either in lieu of inspec-
tion or after inspection, the agency shall respond to the request for copies
within ten days, but may indicate that additional time is necessary to
make the copies due to time necessary to search for, collect, and examine
records to respond to the request. In no case shall the copies be delayed
more than an additional 14 days, unless agreed to by the requestor. The
agency may charge a fee to cover the actual cost of copying. In no case
shall the fee exceed ten cents per page, unless local public records act re-
quirements estabhsh another rate.
(C) If an agency believes that a records request includes information
that has been labeled confidential or proprietary by the enfity providing
that information as defined in sections 1 7044 through 17046, the agency
shall inform the Board. The Board shall use the procedures set forth in
section 17046 to determine which records, or parts of records, may be in-
spected.
(b) An agency shall respond to requests for clarification regarding
their records within ten days. Requests must be specific and cleariy stated
in writing.
(c) The Board may investigate all information, methods, and calcula-
tions pursuant to this Article. If the Board determines that any informa-
tion is inaccurate, the Board may require corrected information.
(d) If an agency fails to comply with this section, and that failure pre-
vents the Board from accurately determining the agency's level of
Source Reduction and Recycling Element implementation, the Board
may initiate the process to issue a compliance order as set forth in section
41825 of the Public Resources Code.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 41821.5, Public Resources Code.
History
1. New secfion filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 1 881 2.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) An agency shall identify a jurisdiction by providing its name and
specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste
from a region formed pursuant to sections 40970 through 40975 of the
Public Resources Code as originating in that region, without specifying
the individual cities or unincorporated counties, unless otherwise re-
quired by the Board.
(3) An agency shall identify waste imported from outside California
by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency from enacting ordi-
nances or other measures to ensure that operators and haulers provide
additional jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 41821.5, Public Resources Code.
History
1. New secfion filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 1 881 2.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be con-
ducted continuously, each day of facility operation, for every load, ex-
cept as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city
or county, as defined in sections 40183 and 40184 of the Public Re-
sources Code, may conduct origin surveys as specified in subsection (a)
or may conduct origin surveys during the following standard survey
weeks each year: March 8 through March 14, June 8 through June 14,
Page 806.138(r)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18812.8
•
September 8 through September 1 4, and December 8 through December
14 (unless an agency has received Board approval to use alternative
weeks pursuant to subsections [e] and [f]). During the standard survey
weeks, every load of solid waste shall be surveyed to determine jurisdic-
tion of origin.
(c) At all permitted solid waste facilities, origin surveys of each un-
compacted load of waste with a volume of 1 2 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 14, September 8 through September 14, and Decem-
ber 8 through December 14 (unless an agency has received Board ap-
proval to use alternative weeks pursuant to subsections [e] and [f]). Daily
origin surveys shall be conducted for all other loads as specified in sub-
section (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the facility
operator to assign all waste tonnage to that city or county.
(e) If the standard origin survey weeks in subsections (b) and (c) are
not representative of disposal activity or facility operation, an agency
may request alternative survey weeks that are representative of local
conditions. During the alternative survey weeks, every load of solid
Vi/aste specified in subsections (b) and (c), shall be surveyed to determine
jurisdiction of origin. If an agency selects origin survey weeks in addition
to the standard survey weeks, the additional weeks shall not require
EJoard staff approval as alternative survey weeks. Continuous origin sur-
veys of every load of solid waste during each day of facility operation in-
cludes and exceeds the standard survey week, and shall not require Board
staff approval as alternative survey weeks.
(f) Prior to using alternative survey weeks, the agency shall:
(1) Provide at least a 30-day notice of the proposed weeks to, and ac-
cept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the
agency,
(B) jurisdictions that dispose of waste within the boundaries of the
agency, and
(C) Local Task Force established pursuant to section 18761 of this Di-
vision.
(2) Submit the responses to comments received and the list of alterna-
tive survey weeks to the Board for review and approval. Within 30 work-
ing days from receipt of this material. Board staff shall inform the appli-
cant, in writing, that the information provided is complete and accepted
for fihng, or that the application is deficient and what specific informa-
tion is required. Board staff shall approve or disapprove of the alternative
survey weeks within 60 working days from the date the agency submits
a completed package. The agency may appeal the Board staff determina-
tion to the Board.
(3) Notify all haulers and operators of approval by Board staff prior to
the first alternative survey week.
(g) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18812.7. Determining Origin of Waste for an Agency.
(a) Nothing in this Article shall prevent an agency from requiring an
operator to collect additional information to document waste origin from
a hauler based upon its own authority to impose requirements on that op-
erator.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18812.8. Applicability of Alternative Reporting Systems.
(a) An agency shall comply with the system of requirements and per-
formance standards set forth in this Article. To implement the perfor-
mance standards, an agency may require haulers or operators to follow
procedures in addition to those set forth in this Article, if necessary to ad-
dress local conditions.
(b) An agency may set up an alternative reporting system that gathers
the required information on the amounts and origins of solid waste, and
the amounts and origins of alternative daily cover, alternative intermedi-
ate cover, and other beneficial reuse by material type from haulers and
operators in a different manner than set forth in sections 18808.7
18808.9, 18809.7, 18809.9, 18810.7, 18810.9, 1881 1.7 and 18811.9. If
a system collects at least the required information, during at least the stan-
dard origin survey period set forth in section 18812.6, and the system re-
quires disposal information collected to be reported by the same entities,
then the system shall not be considered an alternative system, and shall
not require Board staff approval as an alternative system. A system that
meets or exceeds all of the minimum requirements using methods speci-
fied in this Article, shall not be considered an alternative system, and
shall not require Board staff approval as an alternative system. If an
agency uses an alternative reporting system, that system shall:
(1) Provide all the information required by this Article.
(2) Provide information as accurate as required by the system in this
Article.
(3) Provide landfill disposal information consistent with the number
of tons reported to the Board of Equalization that are subject to the fee
pursuant to section 48000 of the Public Resources Code and section
45151 of the Revenue and Taxation Code.
(4) Comply with all the provisions of sections 18804, 18808.4,
18808.5, 18808.10, 18808.11, 18809.4, 18809.5, 18809.10, 18809.11,
18810.4, 18810.5, 18810.10, 18810.11, 18811.4, 18811.5, 18811.10,
18811.11, 18812.4, 18812.5, 18812.9, 18812.10, 18812.11, 18813.4,
18813.5, 18813.9, 18813.10, 18813.11, 18814.4, 18814.5, 18814.9,
18814.10, and 18814.11 of this Article.
(c) Prior to using an alternative reporting system, the agency shall:
(1) Provide at least a 30-day notice of the proposed system to, and ac-
cept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the
agency,
(B) jurisdictions within the boundaries of the agency,
(C) jurisdictions outside the boundaries of the agency that dispose of
waste within the boundaries of the agency, and
(D) the Local Task Force established pursuant to section 18761 of this
Division.
(2) Submit a description of how the alternative system meets the mini-
mum requirements and include a copy of the responses to comments re-
ceived, to the Board for review and approval. Within 30 working days
from receipt of this material. Board staff shall inform the applicant, in
writing, that the information provided is complete and accepted for fil-
ing, or that the application is deficient and what specific information is
still required. Board staff shall approve or disapprove of the alternative
system within 60 working days from the date the agency submits a com-
pleted package. The agency may appeal the Board staff determination to
the Board.
(3) Notify all haulers and operators of the approval by Board staff prior
to using the alternative system.
(d) If subsequent to approval of an alternative reporting system the
Board determines an agency no longer meets the criteria of this section,
the Board may rescind the approval.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
Page 806.138(s)
Register 2005, No. 38; 9-23-2005
§ 18812.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005. No. 38).
§ 18812.9. Agency Disposal Reports: Content, Timing, and
Distribution.
(a) An agency shall use information provided by operators ot landfills
to determine quarterly totals for the amounts of solid waste specified in
this subsection.
(1) For each permitted landfill located within the agency, an agency
shall report:
(A) the facility name and Solid Waste Information System (SWIS)
number,
(B) the reporting year and quarter,
(C) the total tons of soil accepted by the landfill and used as cover or
for other on-site uses,
(D) the total tons of solid waste accepted at the landfill (excluding soil
used on-site),
(E) the total tons of solid waste used on-site, separated as follows:
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover, and
(iii) the total tons of each type of other beneficial reuse material,
(F) the total tons of other solid waste accepted at the landfill and sent
off-site for reuse, recycling, or composting,
(G) the total tons of solid waste disposed at the landfill,
(H) either:
(i) the estimated in-place density achieved at the landfill in units of
pounds of waste per cubic yard of waste and the estimated waste-to-cov-
er ratio used at the landfill, or
(ii) the airspace utilization factor (tons of waste per cubic yard of land-
fill airspace), and
(This information shall be included in the quarterly report so that the
Board may accurately calculate the remaining capacity of the landfill as
well as regional and statewide remaining capacity. It is not the intent of
this section to subject a landfill to a Notice of Violation should it subse-
quently be determined that these estimates are unknowingly inaccurate.)
(1) a brief summary of the methods used to determine the jurisdictions
of origin.
(2) For each permitted landfill, located within the agency, an agency
shall report the total tons of solid waste allocated to each region, city, and
unincorporated county in California and to each state, country, and In-
dian country from which waste was imported. When applicable, an
agency shall also separately report the total tons of waste that were host
assigned to a jurisdiction. The agency shall report:
(A) the tons of all solid waste accepted at each landfill (excluding soil
used as cover or for other on-site uses),
(B) the tons of solid waste reused on-site at the landfill, separated as
follows:
(i) the tons of each type of alternative daily cover used during the quar-
ter, and
(ii) the tons of each type alternative intermediate cover used during the
quarter, and
(C) the tons of solid waste disposed at each landfill.
(b) Prior to submitting a quarterly report to the Board, an agency shall
verify that the tons of disposal reported by a landfill equal the tons of
waste subject to the Integrated Waste Management Fee as reported to the
Board of Equalization on the landfill's fee return. If a landfill is not re-
quired to report tons disposed to the Board of Equalization as described
in sections 18810.9(a)(2) and (3), an agency shall verify that the tons ac-
cepted at the facility minus the tons diverted equal the tons reported as
disposal.
(c) An agency shall use information provided by operators of trans-
formation facilities to determine quarterly totals for the amounts of sohd
waste specified in this subsection.
(1) For each permitted transformation facility located within the
agency, an agency shall report:
(A) the facility name and Solid Waste Information System (SWIS)
number,
(B) the reporting year and quarter,
(C) the total tons of all solid waste accepted at each transformation fa-
cility.
(D) the total tons of solid waste identified for potential reuse, separated
as follows: --
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover, and
(iii) the total tons of each type of other beneficial reuse material,
(E) the total tons of solid waste sent off-site for reuse, recycling, or
composting,
(F) the total tons of solid waste that underwent transformation,
(G) the total tons of untreated ash resulting from the transformation
process, and
(H) a brief summary of the methods used to determine the jurisdictions
of origin.
(2) For each permitted transformation facility located within the
agency, an agency shall report the total tons of sohd waste allocated to
each region, city, and unincorporated county in California and to each
state, country, and Indian country from which waste was imported. The
agency shall report:
(A) the total tons of all solid waste accepted at each transformation fa-
cility,
(B) the total tons of each type of material identified for potential reuse
as:
(i) alternative daily cover, and
(ii) alternative intermediate cover, and
(C) tons of solid waste that underwent transformation at each facility.
(d) An agency shall use information provided by public contract haul-
ers and station operators to determine quarterly totals for:
(1) tons exported from California from within the agency, and
(2) tons exported from California from within the agency allocated to
each region, individual city, or individual unincorporated county. For
each tonnage allocation, an agency shall identify the name of the disposal
site and the state, country, or Indian country to which the waste was sent.
(e) An agency shall compile this information using an electronic form
developed by the Board, the agency's own electronic form that the
Board's computer system is capable of converting, or paper forms. In lieu
of sending quarterly disposal information directly to a jurisdiction, an
agency may electronically submit the information to the Board using a
format that would allow the Board to make the information available on
its web site. An agency shall send this information to:
(1) each California jurisdiction within the agency,
(2) each California jurisdiction outside the agency that uses a facility
within the agency,
(3) any region of which the agency is a member, and
(4) the Board.
(f) If an agency does not dispose of solid waste within its boundaries
and does not export waste from CaUfomia from within the agency, the
agency shall submit a quarterly report to the Board stating that no waste
was disposed within the agency or exported from California from within
the agency.
(g) Each year, an agency shall forward to the Board an annual report
on disposal reporting methods from each of the facilities within its
boundaries.
(h) An agency shall provide the required information by the due dates
in section 18812.10.
(i) If an agency receives amended disposal information from a facility
operator or a hauler, the agency shall send amended information to the
Board and affected jurisdictions according to the schedule set forth in
section 18812.10.
(j) An agency shall keep copies of the information reported pursuant
to this section and all supporting documentation used to prepare the in-
formation pursuant to the record keeping requirements in section
Page 806.138(t)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18813
18812.4. An agency shall also keep a copy of each quarterly station noti-
fication received pursuant to section 18809.9(b).
(k) If a hauler or operator does not provide an agency with required in-
formation, then the agency shall send written notification to the Board re-
garding hauler or operator non-compliance as specified in section
18812/11.
NOTE; Authority cited: Sections 40502, 41781.3 and 41821.5, Public Resources
Code. Reference: Sections 40508 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005. No. 38),
§ 18812.10. Disposal Reporting Due Dates for an Agency.
(a) An agency shall send a quarterly report to the Board and affected
local governments, as set forth in section 18812.9. In lieu of sending dis-
posal information directly to a local government, an agency may elec-
tronically submit the inforrnation to the Board using a format that would
allow the Board to make the information available on its web site.
(1) An agency shall send the quarterly report by July 15 for the first
quarter, October 15 for the second quarter, January 15 for the third quar-
ter of the previous year, and April 1 5 for the fourth quarter of the previous
year.
(2) If an agency receives amended disposal information from a facility
operator or a hauler, the agency shall send the Board and each affected
jurisdiction an amended report for each affected quarter of the previous
year. In an amended report, the agency shall highlight or otherwise iden-
tify changes from the prior version. The agency shall send the amended
report between April 15 and May 15 for the previous year. An agency
may not submit amended disposal information to the Board after May 1 5
for the previous year, unless Board staff specifically request amended in-
formation from the agency. The agency shall send amended information
to the affected jurisdictions as the information becomes available
throughout the year. An agency may send the required amended informa-
tion to jurisdictions at the time of the next quarterly reporting due date.
An agency is not required to send amended information more frequently
than once a quarter. An agency is not required to provide amended dis-
posal information for reporting years once the Board has completed the
biennial review cycle for those years pursuant to section 41825 of the
Public Resources Code.
(b) An agency shall forward an annual report on disposal reporting
methods from each of the permitted solid waste facilities within its
boundaries to the Board. An agency shall forward the reports by April 1 5
for the previous year. An agency shall respond to requests for clarifica-
tion regarding jurisdiction of origin allocations as specified in section
18812.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 2.1 1 . Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator
fails to comply with this Article by not providing the operator with in-
formation required for the preparation of quarterly disposal reports. The
hauler or operator shall send written information on specific allegations
of non-compliance to the agency by June 1 5 for the first quarter, Septem-
ber 15 for the second quarter, December 15 for the third quarter, and
March 15 for the fourth quarter of the previous year. The agency shall
send written information on specific allegations of non-compliance to
the Board no later than 60 working days after receiving informafion from
a hauler or operator. The agency shall also send any additional informa-
tion it has regarding the allegations of non-compliance in writing.
(b) A hauler or operator may inform the agency of other non-com-
pliance issues concerning a hauler or operator. The hauler or operator
shall send written information on specific allegations to the agency. The
agency shall forward written information on specific allegations of non-
compliance to the Board no later than 60 working days after receiving in-
formation from a hauler or operator.
(c) An agency shall inform the Board if a hauler or operator fails to
comply with this Article by not providing the agency with information
required for the preparation of quarterly disposal reports. The agency
shall send written information on specific allegations of non-compliance
to the Board by July 1 5 for the first quarter, October 1 5 for the second
quarter, January 15 for the third quarter of the previous year, and April
15 for the fourth quarter of the previous year.
(d) Allegations of non-coinpliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Pubhc Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813. Disposal Reporting Requirements for a
Jurisdiction.
(a) Sections 18813.1 through 18813.11 establish the requirements for
a jurisdiction as follows:
(1) Signage for a Jurisdiction Section 18813.1
(2) Scales and Weighing Requirements for a
Jurisdiction Section 18813.2
(3) Training Requirements for a Jurisdiction Section 18813.3
(4) Jurisdiction Records: Retention, Access, and
Investigations Section 18813.4
(5) Identifying Jurisdiction of Origin Section 18813.5
(6) Frequency of Origin Surveys Section 18813.6
(7) Determining Origin of Waste for a Jurisdiction Section 18813.7
(8) Applicabihty of Alternative Reporting
Systems Section 18813.8
(9) Jurisdiction Disposal Reports: Content,
Timing, and Distribution Section 18813.9
(10) Disposal Reporting Due Date Information Section 18813.10
(] 1) Non-compliance Section 18813.1 1
(b) If a jurisdiction operates as a waste hauler, the jurisdiction shall
also meet the hauler requirements specified in sections 18808.1 through
18808.11.
(c) If a jurisdiction operates as a station operator, the jurisdiction shall
also meet the station requirements specified in sections 18809.1 through
18809.11.
(d) If a jurisdiction operates as a landfill operator, the jurisdiction shall
also meet the landfill requirements specified in sections 18810.1 through
18810.11.
(e) If a jurisdiction operates as a transformafion facility operator, the
jurisdiction shall also meet the transformation facility requirements spe-
cified in sections 18811.1 through 18811.11.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 12-29-94; operative 12-29-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 52).
2. New subsecfions (b)-(c)(4) filed 6-19-95; operative 6-19-95 pursuant toGov-
emment Code section 11343.4(d) (Register 95, No. 25).
3. Amendment of subsection (c)(2) filed 6-5-96 as an emergency; operative
6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted
to OAL by 9-27-96 or emergency language will be repealed by operaUon of law
on the following day.
4. Amendment of subsection (c)(2) refiled 9-25-96 as an emergency; operative
1 0-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted
to OAL by 1-31-97 or emergency language will be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
6. Amendment of subsection (a)(3) and Note filed 11-5-97; operative 11-5-97
pursuant to Government Code section 11343.4(d) (Register 97, No. 45).
7. Change without regulatory effect amending subsection (c) and amending Note
filed 6-26-2001 pursuant to section 100, title 1 , California Code of Regulations
(Register 2001, No. 26).
Page 806.138(u)
Register 2005, No. 38; 9-23-2005
§ 18813.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
8. Repealer and new section filed 9-21-2005; operative 1-1-2006 (Register 2005,
No. 38).
§ 18813.1. Signage for a Jurisdiction. (Not applicable)
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 3.2. Scales and Weighing Requirements for a
Jurisdiction. (Not applicable)
History
1. New section filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18813.3. Training Requirements for a Jurisdiction.
(a) A jurisdiction shall provide training on the disposal reporting sys-
tem to each report preparer and to other employees who must comply
with the requirements of this Article. Training for a report preparer shall
cover the content of this Article as it applies to the report preparer's job
duties.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821 .5, Public Resources Code.
History
1. New secfion filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813.4. Jurisdiction Records: Retention, Access, and
Investigations.
(a) If a jurisdiction operates as a hauler, then the jurisdiction shall pre-
pare and retain disposal reporting records and allow affected entities ac-
cess to the records as set forth in section 18808.4.
(b) If a jurisdiction operates as a station operator, then the jurisdiction
shall prepare and retain disposal reporting records and allow affected en-
tities access to the records as set forth in section 18809.4.
(c) If a jurisdiction operates as a landfill operator, then the jurisdiction
shall prepare and retain disposal reporting records and allow affected en-
tities access to the records as set forth in section 18810.4.
(d) If a jurisdiction operates as a transformation facility operator, then
the jurisdiction shall prepare and retain disposal reporting records and al-
low affected entities access to the records as set forth in section 1881 1.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41 821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18813.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) A jurisdiction that operates as a hauler or operator shall identify a
jurisdiction by providing its name and specifying whether it is a city, an
unincorporated county, or a region.
(2) If expressly allowed by the region, a jurisdiction that operates as
a hauler or operator may identify waste from a region formed pursuant
to sections 40970 through 40975 of the Public Resources Code as origi-
nating in that region, without specifying the individual cities or unincor-
porated counties, unless otherwise required by the Board.
(3) A jurisdiction that operates as a hauler or operator shall identify
waste imported from outside California by specifying the state, country,
or Indian country of origin.
(b) Nothing in this Article shall prevent a jurisdiction from enacting
ordinances or other measures to ensure that operators and haulers provide
accurate jurisdiction of origin information.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Pubhc Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be con-
ducted continuously, each day of facility operation, for every load, ex-
cept as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city
or county, as defined in sections 40183 and 40184 of the Public Re-
sources Code, may conduct origin surveys as specified in subsection (a)
or inay conduct origin surveys during the following standard survey
weeks each year: March 8 through March 14, June 8 through June 14,
September 8 through September 14, and December 8 through December
14 (unless an agency has received Board approval to use alternative
weeks pursuant to sections I8812.6[e] and [f]). During the standard sur-
vey weeks, every load of solid waste shall be surveyed to determine juris-
diction of origin.
(c) At all permitted solid waste facilities, origin surveys of each un-
compacted load of waste with a volume of 12 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 1 4, September 8 through September 1 4, and Decem-
ber 8 through December 14 (unless an agency has received Board ap-
proval to use alternative weeks pursuant to sections 18812.6[e] and [t]).
Daily origin surveys shall be conducted for all other loads as specified
in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the facility
operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
fion 41821.5, Public Resources Code.
History
1 . New secfion filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813.7. Determining Origin of Waste for a Jurisdiction.
(Not applicable)
History
1. New secfion filed 9-21-2005; operafive 1-1-2006 (Register 2005, No. 38).
§ 18813.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a ju-
risdiction must comply as set forth in section 18812.8.
NOTE: Authority cited: Secfion 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813.9. Jurisdiction Disposal Reports: Content, Timing,
and Distribution.
(a) A jurisdiction shall use the information provided by agencies and
districts pursuant to this Article to determine the tons of solid waste dis-
posed from January I to December 31 in each year. A jurisdiction shall
use this disposal amount for the purposes of measuring achievement of
the 50% goal. This amount shall be the sum of solid waste from the juris-
diction, including:
(1) the tons disposed at each permitted landfill,
(2) the tons that underwent transformation at a permitted solid waste
facility in excess of 10% of a jurisdiction's adjusted base-year genera-
tion as calculated in section 18797.3, and pursuant to section 41783 of
the Public Resources Code,
(3) potential alternative daily cover, alternative intermediate cover,
and other beneficial reuse material which is not used in accordance with
the conditions set forth in sections 20690, 20700, and 20685 of Title 27
of the California Code of Regulations, unless it is otherwise diverted, and
(4) the tons exported from California, minus any portion of the waste
that the jurisdiction proves was diverted.
(b) In its annual report to the Board pursuant to section 41 82 1 (f) of the
Public Resources Code, a jurisdiction shall report the amounts deter-
mined pursuant to this section.
Page 806.138(v)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18814
(c) In its annual report to the Board, a jurisdiction may also provide
additional information related to the tons of waste disposed in California,
including "host assigned" waste, or exported from California for dispos-
al. If the jurisdiction provides additional information, the annual report
shall describe how it was obtained.
(d) If a jurisdiction operates as a hauler, the jurisdiction shall also meet
the reporting requirements specified in section 1 8808.9.
(e) If a jurisdiction operates as a station operator, the jurisdiction shall
also meet the reporting requirements specified in section 1 8809.9.
(f) If a jurisdiction operates as a landfill operator, the jurisdiction shall
also meet the reporting requirements specified in section 18810.9.
(g) If a jurisdiction operates as a transformation facility operator, the
Table 1 : Due Dates for Information to Facilities
Quarter
Information
Due from
Haulers
to Facilities
Information
Due from
Stations to
Other
Stations
jurisdiction shall also meet the reporting requirements specified in sec-
tion 18811.9.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41780 and 41821.5. Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18813.10. Disposal Reporting Due Date Information.
(a) An agency is required to send a quarterly report to each affected
jurisdiction, as set forth in section 18812.9. Haulers, operators, and dis-
tricts are required to provide quarteriy disposal information as set forth
in sections 18808.9, 18809.9, 18810.9, 18811.9, and 18814.9. Disposal
information is due according to the following tables:
Information Due
from Stations to
Landfills and
Transformation
Facilities
Reports Due
from Districts
to Facilities
F'irst:
Jan. 1-Mar. 31
Apr. 15
Apr. 30
May 15
See section
I8814.10
Second:
Apr. 1-Jun. 30
Jul. 15
Jul. 31
Aug. 15
See section
18814.10
Third:
Jul. 1-Sep. 30
Oct. 15
Oct. 31
Nov. 15
See section
18814.10
Fourth:
Oct. 1-Dec. 31
Jan. 15
Jan. 31
Feb. 15
See section
18814.10
Table 2: Reports to Agencies, the Board, and Jurisdictions
Quarter
Notifications
Due from
Stations to
Agencies*
Reports Due
from Landfills
and Transformation
Facilities to Agencies'^
Export
Reports Due
from Haulers
and Stations*
Reports Due
from Districts
to Agencies*
Reports Due from
Agencies to the
Board and
Jurisdictions
First:
Jan. 1-Mar. 31
Jun. 15
Jun. 15
Jun. 15
Jun. 15
Jul. 15
Second:
Apr. 1-Jun. 30
Sep. 15
Sep. 15
Sep. 15
Sep. 15
Oct. 15
Third:
.lul. 1 -Sep. 30
Dec. 15
Dec. 15
Dec. 15
Dec. 15
Jan. 15
Fourth:
Oct. 1-Dec. 31
Mar. 15**
Mar. 15**
Mar. 15
Mar. 15
Apr. 15
Upon request, reports may be sent to jurisdictions or made available to jurisdictions using the Board's electronic filing.
* Station, landfill, and transformation facility operators also submit annual reports on facility methods to agencies on this date.
INOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 3.1 1 . Non-Compliance.
(a) A hauler or operator that is a jurisdiction shall inform the agency
if a hauler or operator fails to comply with this Article by not providing
the hauler or operator with information required for the preparation of
quarterly disposal reports. The hauler or operator shall send information
on specific allegations of non-compliance, in writing, to the agency by
June 1 5 for the first quarter, September 1 5 for the second quarter, Decem-
ber 15 for the third quarter, and March 15 for the fourth quarter of the pre-
vious year.
(b) A hauler or operator that is a jurisdiction may inform the agency
of other non-compliance issues concerning a hauler or operator. The
hauler or operator shall send written information on specific allegations
to the agency.
(c) A jurisdiction may inform the Board if an agency fails to comply
with this Article. A jurisdiction shall send written information on specific
allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tion 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814. Disposal Reporting Requirements for a District.
(a) Sections 18814.1 through 18814.1 1 establish the requirements for
a district as follows.
( 1 ) Signage for a District Section 18814.1
(2) Scales and Weighing Requirements for a
District Section 18814.2
(3) Training Requirements for a District Section 18814.3
(4) District Records: Retention, Access, and
Investigations Section 18814.4
(5) Identifying Jurisdiction of Origin Section 18814.5
(6) Frequency of Origin Surveys Section 18814.6
(7) Determining Origin of "Waste for a District Section 18814.7
(8) Applicability of Alternative Reporting
Systems Section 18814.8
Page 806.138(w)
Register 2005, No. 38; 9-23-2005
§ 18814.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(9) District Disposal Reports: Content, Timing,
and Distribution Section 188 J 4.9
(10) Disposal Reporting Due Dates for a District Section 18814.10
(11) Non-compliance Section 18814.11
(b) If a district operates as a waste hauler, the district shall also meet
the hauler requirements specified in sections 18808.1 through 18808.11.
(c) If a district operates as a station operator, the district shall also meet
the station requirements specified in sections 18809.1 through 18809.1 1 .
(d) If a district operates as a landfill operator, the district shall also
meet the landfill requirements specified in sections 18810.1 through
18810.11.
(e) If a district operates as a transformation facility operator, the dis-
trict shall also meet the transformation facility requirements specified in
sections 18811.1 through 18811.11.
NOTE; Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 4.1 . Signage for a District.
(a) If a district operates as a station operator, the district may also meet
the provisions specified in section 18809.1.
(b) If a district operates as a landfill operator, the district may also meet
the provisions specified in section 18810.1.
(c) If a district operates as a transformation facility operator, the dis-
trict may also meet the provisions specified in section 18811.1.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
] . New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.2. Scales and Weighing Requirements for a
District.
(a) If a district operates as a station operator, the district shall also meet
the requirements specified in section 18809.2.
(b) If a district operates as a landfill operator, the district shall also
meet the requirements specified in section 18810.2.
(c) If a district operates as a transformation facility operator, the dis-
trict shall also meet the requirements specified in section 1881 1.2.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.3. Training Requirements for a District
(a) If a district operates as a waste hauler, the district shall also meet
the hauler training requirements specified in section 18808.3.
(b) If a district operates as a station operator, the district shall also meet
the station training requirements specified in section 18809.3.
(c) If a district operates as a landfill operator, the district shall also meet
the landfill training requirements specified in section 18810.3.
(d) If a district operates as a transformation facility operator, the dis-
trict shall also meet the transformation facility training requirements spe-
cified in section 18811.3.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.4. District Records: Retention, Access, and
Investigations
(a) If a district operates as a hauler, the district shall prepare and retain
disposal reporting records and allow affected entities access to the re-
cords as set forth in section 18808.4.
(b) If a district operates as a station operator, the district shall prepare
and retain disposal reporting records and allow affected entities access
to the records as set forth in section 18809.4.
(c) If a district operates as a landfill operator, the district shall prepare
and retain disposal reporting records and allow affected entities access
to the records as set forth in section 18810.4.
(d) If a district operates as a transformation facility operator, the dis-
trict shall prepare and retain disposal reporting records and allow af-
fected entities access to the records as set forth in section 18811.4.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.5. Identifying Jurisdiction of Origin.
(a) If a district operates as hauler, the district shall identify a jurisdic-
tion of origin as set forth in section 18808.5.
(b) If a district operates as station operator, the district shall identify
a jurisdiction of origin as set forth in section 18809.5.
(c) If a district operates as landfill operator, the district shall identify
a jurisdiction of origin as set forth in section 18810.5.
(d) If a district operates as transformation facility operator, the district
shall identify a jurisdiction of origin as set forth in section 18811.5.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be con-
ducted continuously, each day of facility operation, for every load, ex-
cept as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city
or county, as defined in sections 40183 and 40184 of the Pubhc Re-
sources Code, may conduct origin surveys as specified in subsection (a)
or may conduct origin surveys during the following standard survey
weeks each year: March 8 through March 14, June 8 through June 14,
September 8 through September 14, and December 8 through December
14 (unless an agency has received Board approval to use alternative
weeks pursuant to sections 1881 2. 6[e] and [f]). During the standard sur-
vey weeks, every load of solid waste shall be surveyed to determine juris-
diction of origin.
(c) At all permitted soUd waste facihties, origin surveys of each un-
compacted load of waste with a volume of 12 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 14, September 8 through September 14, and Decem-
ber 8 through December 14 (unless an agency has received Board ap-
proval to use alternative weeks pursuant to sections 18812.6[e] and [f]).
Daily origin surveys shall be conducted for all other loads as specified
in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has au-
thorized the operator to assign all waste tonnage to the region, and the
Board does not otherwise require the region to assign waste to the indi-
vidual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the faciUty
operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin sur-
veys more frequently or to collect additional information, based upon its
own authority to impose requirements on that operator.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.7. Determining Origin of Waste for a District.
(a) If a district operates as a waste hauler, the district shall also meet
the requirements specified in section 18808.7.
Page 806.138(x)
Register 2005, No. 38; 9-23-2005
Title 14
California Integrated Waste Management Board
§ 18830
(b) If a district operates as a station operator, the district shall also meet
the requirements specified in section 18809.7.
(c) If a district operates as a landfill operator, the district shall also meet
the requirements specified in section 18810.7.
(d) If a district operates as a transformation facihty operator, the dis-
trict shall also meet the requirements specified in section 1881 1.7.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41 821 .2 and 41 82 1 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a
district must comply as set forth in section 18812.8.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 4J 821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.9. District Disposal Reports: Content, Timing, and
Distribution.
(a) If a district operates as a waste hauler, the district shall also meet
the reporting requirements specified in section 18808.9.
(b) If a district operates as a station operator, the district shall also meet
the reporting requirements specified in section 18809.9.
(c) If a district operates as a landfill operator, the district shall also meet
the reporting requirements specified in section 18810.9.
(d) If a district operates as a transformation facility operator, the dis-
trict shall also meet the reporting requirements specified in section
18811.9.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821.2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 18814.10. Disposal Reporting Due Dates for a District.
(a) If a district operates as a waste hauler, the district shall submit dis-
posal reports according to the due dates set forth in section 18808.10.
(b) If a district operates as a station operator, the district shall submit
disposal reports according to the due dates set forth in section 18809.10.
(c) If a district operates as a landfill operator, the district shall submit
disposal reports according to the due dates set forth in section 18810.10.
(d) If a district operates as a transformation facility operator, the dis-
trict shall submit disposal reports according to the due dates set forth in
section 18811.10.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41 821 .2 and 41821.5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
§ 1 881 4.1 1 . Non-Compliance.
(a) A district that operates as a waste hauler or facility operator shall
inform the agency if a hauler or operator fails to comply with this Article
by not providing the district with information required for the preparation
of quarterly disposal reports. The district shall send written information
on specific allegations of non-compliance to the agency by June 1 5 for
the first quarter, September 15 for the second quarter, December 15 for
the third quarter, and March 1 5 for the fourth quarter of the previous year.
(b) A district that operates as a waste hauler or operator may inform
the agency of other non-compliance issues concerning a hauler or opera-
tor. The district shall send written information on specific allegations to
the agency.
(c) A district that operates as a waste hauler or operator may inform the
Board if an agency fails to comply with this Article. A district shall send
written information on specific allegations of agency non-compliance to
the Board.
(d) Allegations of non-compliance shall be handled in accordance
with the process set forth in section 18804.
NOTE: Authority cited: Section 40502, Public Resources Code. Reference: Sec-
tions 41821 .2 and 41821 .5, Public Resources Code.
History
1. New section filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).
Article 9.3. Adjustment Method for
Calculating Changes in Waste Generation
Tonnage
§ 18827. Scope and Purpose.
NOTE: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Ref-
erence: Sections 41780.1, 41780,2, 41781 and 41821, Public Resources Code.
History
1. New Article 9.3 (sections 18827-18831) and section filed 1-8-96; operative
1-8-96 pursuant to Government Code section 1 1343.4(d) (Register 96, No. 2).
2. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sec-
tions 18797.0-18797.4) and renumbering of former section 18827 to section
18797.0 filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23).
A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emer-
gency language will be repealed by operation of law on the following day.
3. Renumbering of former article 9.3 (sections 18827-18831) to article 9.1 (sec-
tions 18797.0-18797.4) and renumbering of former section 18827 to section
1 8797.0 refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No.
39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96
and filed 1-13-97 (Register 97, No. 3).
§18828. Definitions.
NOTE: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . New section filed 1-8-96; operafi ve 1 -8-96 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 96, No. 2).
2. Renumbering of former section 18828 to section 18797.1 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
3. Renumbering of former section 18828 to section 18797.1 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
§ 1 8829. Adjustment Factor Sources.
NOTE: Authority cited: Sections 40502 and 41 780. 1, Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . New section filed 1-8-96; operative 1-8-96 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 96, No. 2).
2. Renumbering of former section 1 8829 to section 1 8797.2 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
3. Renumbering of former section 18829 to section 18797.2 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-3 1-97 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-1 3-97 (Register 97, No. 3).
§ 18830. Adjustment Method Calculation.
NOTE: Authority cited: Sections 40502 and 41 780. 1 , Public Resources Code. Ref-
erence: Secfions 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . New secfion filed 1-8-96; operative 1 -8-96 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 96, No. 2).
2. Renumbering of former section 18830 to section 1 8797.3 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
3. Renumbering of former section 18830 to section 1 8797.3 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be iransnutted to OAL by 1-31-97 or emergency language will be
repealed by operafion of law on the following day.
4. Certificate of Compliance as to 9-25-96 order transmitted to OAL 1 1-27-96
and filed 1-13-97 (Register 97, No. 3).
Page 806.138(y)
Register 2007, No. 42; 10-19-2007
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
§ 18831. Reporting Requirements.
NOTE: Authority cited: Sections 40502 and 41780. 1 . Public Resources Code. Ref-
erence: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
History
1 . New section filed 1 -8-96: operative 1-8-96 pursuant lo Government Code sec-
tion 1 1343.4(d) (Register 96, No. 2).
2. Change without regulatory effect moving all forms in title 14, division 7 to new
appendix A filed 4-2-96 pursuant to section 100, title 1, California Code of
Regulations (Register 96, No. 14).
3. Certificate of Compliance as to 1-18-95 order pertainina to forms CIWMB-60,
CIWMB-61 and CIWMB-62 including amendment of "Waste Tire-Hauler
Registration Application," "Vehicle Description Sheet" and "Waste Tire Haul-
er Bond" transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
4. Renumbering of former section 18831 to section 18797.4 filed 6-5-96 as an
emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 9-27-96 or emergency language will be
repealed by operation of law on the following day.
5. Change without regulatory effect amending CIWMB Form 430 filed 6-6-96
pursuant to section 100, title 1, California Code of Regulations (Register 96, No.
23).
6. Renumbering of former section 18831 to section 1 8797.4 refiled 9-25-96 as an
emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Com-
pliance must be transmitted to OAL by 1-31-97 or emergency language will be
repealed by operation of law on the following day.
7. Change without regulatory effect moving form ClWMB-90 from section 1 7363
to Appendix A filed 1 1-4-96 pursuant to section 100, title 1, California Code
of Regulations (Register 96, No. 45).
8. Editorial correction clarifying HiSTORtiHS 4 and 6 (Register 97, No. 3).
9. Certificate of Compliance as to 9-25-96 order transmitted to OAL 11-27-96
and filed 1-13-97 (Register 97, No. 3).
10. Change without regulatory effect amending CIWMB forms 83, 90 and 5000
filed 2-6-97 pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 6).
11. Amendment of Appendix A adding new CIWMB Form 98 filed 9-26-97; op-
erative 9-26-97 pursuant to Government Code section 1 1 343.4(d) (Register 97,
No. 39).
12. Amendment of Appendix A adding new CIWMB Form 604 filed 4-8-98; op-
erative 5-8-98 (Register 98, No. 15).
13. Editorial correction removing Forms 100-138 from Appendix A pursuaiit to
6-18-98 order and updating Appendix A Table of Contents (Register 98, No.
34).
14. Amendment of Appendix A adding new form CIWMB 607 and updating Ap-
pendix A Table of Contents filed 3-5-99; operative 3-5-99 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 99, No. 1 1).
15. Change without regulatory effect amending forms CIWMB-57 and
CIWMB-58 filed 3-11-99 pursuant to section 100, title 1, California Code of
Regulations (Register 99, No. 11).
16. Change without regulatory effect amending form CIWMB 430 filed 9-14-99
pursuant to section 100, title 1, California Code ofRegulations (Register 99, No.
38).
17. Amendment of form CIWMB 500 filed 3-31-2000; operative 3-31-2000
(Register 2000, No. 13).
18. Change without regulatory effect amending form CIWMB 430 filed
11-17-2000 pursuant to section 100, title 1, California Code ofRegulations
(Register 2000, No. 46).
19. Change without regulatory effect amending forms CIWMB 57 and 58 filed
11-17-2000 pursuant to section 100, fitle 1, California Code ofRegulations
(Register 2000, No. 46).
20. Change without regulatory effect amending forms CIWMB 57 and 58 filed
2^-2002 pursuant to section 1 00, title 1 , California Code of Regulations (Reg-
ister 2002, No. 6).
21 . Change without regulatory effect amending table of contents to appendix A
and amending forms CIWMB 60, 61, 62, 100, 101, 102(a), 102(b), 103(a),
103(b), 103(c), 104, 105, 106, 107, 108, 109, 100. 1 11, 140, 141, 142, 143, 144,
145, 146, 147, 148, 149 and 150 filed 6-21-2002 pursuant to section 100, title
1, California Code ofRegulations (Register 2002, No. 25).
22. Editorial conection of forms 107 and 108 within Appendix A (Register 2002,
No. 26).
23. Editorial conection of form 106 within Appendix A (Register 2002, No. 27).
24. Amendment of CIWMB Forms 500, 501, 502, 503 and 504 filed 4-1-2003;
operanve 5-1-2003 (Register 2003, No. 14).
25. Editorial coirection updating and adjusfing placement of CIWMB Form 60
(Register 2003, No. 22).
26. Change without regulatory effect amending table of contents to appendix A
and adopting new CIWMB forms 634 and 635 filed 5-28-2003 pursuant to sec-
tion 100, fitle 1, California Code of Regulafions (Register 2003, No. 22).
27. Editorial coiTection amending table of contents to appendix A and moving the
following CIWMB Forms to Title 27, Division 2, Appendix 3: 100, 101, 102(a),
102(b), 103(a), 103(b), 103(c), 104, 105, 106, 107, 108, 109, 1 lOand 1 1 1 (Reg-
ister 2003, No. 22).
28. New form 643 filed 7-10-2003; operative 8-9-2003 (Register 2003, No. 28).
29. Editorial correction relocating forms CIWMB 173 and CIWMB 1 80 from sec-
tion 18450 to section 18831, Appendix A (Register 2005, No. 24).
30. New CIWMB forms 203, 204, 647 and 648 filed 6-1 3-2005 as an emergency;
operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance
must be transmitted to OAL by 10-1 1-2005 or emergency language will be re-
pealed by operation of law on the following day.
3 1 . New CIWMB forms 203, 204, 647 and 648 refiled 10-12-2005 as an emergen-
cy; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance
must be transmitted to OAL by 2-9-2006 or emergency language will be re-
pealed by operation of law on the following day.
32. Repealer of CIWMB form 604 filed 10-18-2005; operative 11-17-2005
(Register 2005, No. 42).
33. New CIWMB forms 203, 204, 647 and 648 refiled 2-9-2006 as an emergency;
operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must
be transmitted to OAL by 6-9-2006 or emergency language will be repealed by
operation of law on the following day.
34. Change without regulatory effect amending CIWMB form 60 filed 4-1 1 -2006
pursuant to section 100, title 1, California Code ofRegulations (Register 2006,
No. 15).
35. Certificate of Compliance as to 2-9-2006 order, including new revisions of
forms CIWMB 203 and 204, transmitted to OAL 6-6-2006 and filed
7-19-2006 (Register 2006, No. 29).
36. Amendment of Appendix A repealing form CIWMB 303 and adopting forms
CIWMB 303aand CIWMB 303b filed 4-13-2007; operative 5-13-2007 (Reg-
ister 2007, No. 15).
37. Change without regulatory effect amending Appendix A, CIWMB form 1000
filed 10-17-2007 pursuant to section 100, title 1, California Code ofRegula-
tions (Register 2007, No. 42).
[The next page is 806.139.]
Page 806.138(z)
Register 2007, No. 42; 10-19-2007
Title 14
California Integrated Waste Management Board
§ 18831
Appendix A
Table of Contents
1 . CIWMB 36 State of California Oil Recycling Program Fee
Exemption Certificate
2. CIWMB 57
3. CIWMB 58
4. CIWMB 60
5. CIWMB 61
6. CIWMB 62
7. CIWMB 81
8. CIWMB 83
9. CIWMB 90
Facilities Permit
10. CIWMB 140
11. CIWMB 141
12. CIWMB 142
13. CIWMB 143
Costs
14. CIWMB 144
15. CIWMB 145
16. CIWMB 146
17. CIWMB 147
18. CIWMB 148
Management
19. CIWMB 149
Plastic Trash Bag Manufacturer Certification
Plastic Trash Bag Wholesaler Certification
Waste Tire Hauler Registration Application
Waste Tire Hauler Bond
Waste Tire Hauler Manifest
Registration Permit
Registration Permit Application
Standardized Contaminated Soil Solid Waste
Trust Agreement
Performance Bond
Financial Guarantee Bond
Irrevocable Letter of Credit for Closure
Enterprise Fund for Financial Assurances
Trust Agreement
Certificate of Liability Insurance
Liability Insurance Endorsement
Certificate of Self-Insurance and Risk
Instructions for the Letter from the Chief
21. CIWMB 173 Retreader Self-Certification
22. CIWMB 180 Retreader Trip Log
23. CIWMB 203 Comprehensive Trip Log and Receipts
24. CIWMB 204 Unregistered Hauler & Comprehensive Trip
Log Substitution Form
25. CIWMB 303a Lead Agency Form 303a Household Hazardous
Waste Collection Information for Fiscal Year /
26. CIWMB 303b Non-Lead Agency Form 303b Household Haz-
ardous Waste Collection Information for Fiscal Year /
27. CIWMB 306
28. CIWMB 430
29. CIWMB 500
30. CIWMB 501
31. CIWMB 502
Information
32. CIWMB 503
33. CIWMB 504
34. CIWMB 607
Application Cover Sheet
Newsprint Consumer Certification
Waste Tire Facilities Permit Application
Waste Tire Facilities Operation Plan
Waste Tire Facilities Environmental
Waste Tire Facilities Emergency Response Plan
Waste Tire Facilities Closure Plan
Voluntary Residual Percentage reporting Form
Financial Officer Financial Means Test for Liability
20. CIWMB 150 Corporate Guarantee
35. CIWMB 634 Farm and Ranch Solid Waste Cleanup and
Abatement Grant — Application Cover Sheet
36. CIWMB 635 Farm and Ranch Solid Waste Cleanup and
Abatement Grant — Site Characterization Form
37. CIWMB 643 Clean Up Plan
38. CIWMB 647 Uniform Waste and Used Tire Manifest
39. CIWMB 648 Uniform Waste and Used Tire Trip Log
40. CIWMB 1000 Notice of Designation of Local Agency
41. CIWMB 5000 Standardized Composting Permit
Page 806.139
Register 2007, No. 15; 4-13-2007
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
CIWMB Form Number 36 (rev. 1 1/94)
State of California
Oil Recycling Program
Fee Exemption Certificate
Name of Purchaser
Address of Purchaser
CIWMB Oil Manufacturer Registration Number
(Indicate "Not Applicable" if the purchaser is not required to have a registration number)
I HEREBY CERTIFY that the oil products described herein which I am purchasing
from: will be used in the following exempt manner:
( ) the oil will be exported from California
( ) the oil will be used in a vessel operated in interstate or foreign commerce
( ) the oil is purchased in bulk (oil which is in nonpackaged form in containers larger than 55 gallons) and used in:
( ) motor trucks of three or more axles which are more than 10,000 pounds gross vehicle
weight (Vehicle Code Section 34500(a), or
( ) truck tractors (Vehicle Code Section 43500(b)).
In the event the lubricating oil purchased is not used as indicated above, it is understood that I will report and pay the appropri-
ate fee for the reported number of such quarts or gallons.
Description of products to be purchased or being purchased (including number of gallons):
For "Qualified" Exemption Certificates, attach purchase order.
Date:
Signature of Purchaser or Authorized Agent:
Printed Name and Title:
Page 806.140 Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18831
STATE OF CALIFORNIA
CIWMB/^57 (11/01)
CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD
Plastic Trash Bag Manufacturer Certification
Reporting Period: January 1 through December 31,
California law requires you to certify to the Integrated Waste Management Board by March 1 of each year for the plastic trash bags intended for sale
in California.
Instructions
L Please fill in theyearforthe reporting peHocf hi the title block above.
2. Please type or print legibiyiR ink and retacn by iTiaH or FAX (9 1^3 19^7142, , ; •
3* If you did not manufacture xegulated trasb bags durmg the reporting period which were intended for^le in
Caljfomia, mark itenj 1 0 and I Oa» sign and return the form* . ' " V '
4, If you prodttce your own Recycled Plastic Postconsumer Material, complete section E. . . '
5. Use ISI/A for items that do not apply > ^ "^ .
Defiiutian;^ ofXernis
APCM (Actual postconsumer material) « weight ofpostconsumertnaterial used in a feedstock to - ■'
tnanutacture trash bags. . ^
Plastic Traish Bag - a bagtijat Is manufactured for intended use as a container to liol^ storc^ or transport
niateriafe to be discarded, composted, cs' recycled, incJuding, but not limited to, garbage bags, composting bags,
lawn and leaf bags, can-liner bags^ kitchen bag$^ compactor bags^ and recycling bags.
Regulated Bag ^ a plastic trash bag of 0.70 mil or greater thickness that Is intended for sale In the state.
KPPCM (Recycled plastic postconsumermatenal) - a plastic feedstock which is MS^d to manufacture \ . .
trashbags which contain postconsumer material, KPPCM may contain any amount (1 - IO0%) of postconsumer
material; however, compliance will be detennined based on the APCM content of the trash bag.
Proininate Prior Usage of RPPCM - the d^Uedted finished product irom which the postconsumer materiaf was derived
prior to being processed into RPFCM for use in the regulated bag. '
Section A - Manufacturer Inforroatioii
Please provide your company information below
{ 1 ) Company Name
(2) Date
(3) Contact Person
(3a) E-Mail Address (Optional)
(4) Phone Number
( )
(5) Mailing Address Of The Company Headquarters
(6) City
(7) State
(8) Zip Code
(9a) All plastic trash bags intended for sale in California contained an annual aggregate Actual
Postconsumer Material (APCM) equal to at least 10% of the weight of regulated bags.
(9b) All plastic products intended for sale in California contained an annual aggregate of 30% APCM.
TRUE FALSE
TRUE FALSE
(10) I did not sell any regulated trash bags in California during the reporting period
TRUE FALSE
(10a) Circle each applicable exemption:!.) less than 0.70 mil 2.)Medical waste bags 3.) Hazardous waste bags 4.)Non-plastic bags
5.) RPPCM Quality 6.) RPPCM Availability
•
Page I of 5
Page 806.141
Register 2002, No. 6; 2-8-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
SectioB B - Percent of Recycled Plastic Postcottsumer MatemI (RPPCM) Use
Complete eKherSecf ion B1 or Secttott B:l, Youar* bcompHaitce if either of Ife^ fdlowujg i$ m«t:
a) la Section B I you showed that APCM ustd k 1 0% by weight of regulated bajgs; ot^ .
b) Infection B2 you $howed th3t30% of the inatefials used in all of yourplastic products. mtemJed forsafe id
California is APCM
•
Section Bl- Oatming Compliance Basedl on Ptastic Trasb Bags Onfy
e
(J
(11) Total number of plastic trash bags intended for sale in California during the reporting period
(12) Total tons of plastic trash bags intended for sale in California during the reporting period.
Galculatlons tor Totaltoits of APCM Used
lillpjiliiiiloimia
(iija) Tons of RPPCM purchased from California sources for use in the manufacture
of plastic trash bags intended for sale in California during the reporting period
(13b) Tons of actual postconsumer material (APCM) purchased from California sources
Example: (a) 10 tons of 80% postconsumer content resin = 8 tons of APCM
(b) 10 tons of 10% postconsumer content resin = 1 tons of APCM
(c) Total actual postconsumer material= (a) + (b) = 9 tons of APCM
tons
tons
tons
(14) Noa^Cfllifornia Source
(14a) Tons of APCM purchased from non-California sources and used to manufacture
all plastic trash bags intended for sale in California during the reporting period.
tons
(15) Total tons of APCM used in the manufacture of all plastic trash bags intended for sale in California
during the reporting period (Line 13b -h Line 14a)
(16) Total number of regulated trash bags intended for sale in California during the reporting period.
(17) Total tons of regulated trash bags intended for sale in California during the reporting period.
tons
tons
(18) Compliance Percentage: APCM used to manufacture all plastic trash bags
expressed as percent by weight of regulated bags (Line I5/Linel7x 100)
Section B2 * Oaiwing Compliance Ba$ed on AH Plaslic Products
(19) Total tons of materials used to manufacture all plastic products intended for sale in California
during the reporting period.
Cateolations for TotitlTons of APCM P^ed
(20)C«Hfofnld$oarce
(20a) Tons of RPPCM purchased from California sources for use in the manufacture
of all plastic products intended for sale in California during the reporting period
(20b)Tons of APCM purchased from California sources
(See example above in 13b to convert RPPCM to APCM)
_tons
tons
(21) Non-California Source
(21a) Tons of APCM purchased from non-California sources and used to manufacture
all plastic products intended for sale in California during the reporting period.
tons
(22) Total tons of APCM used to manufacture all plastic products intended for sale in California
during the reporting period. (Line 20b + Line 2 1 a)
(23) Total tons of APCM used to comply with federal and other California RPPCM requirements
(same as Line 27)
(24) Total tons of APCM that can be counted for compliance with this Recycled Content
Trash Bag requirement. (Line 22 minus Line 23)
(25) Percent APCM used to manufacture all plastic products. (Line 24/Linel9xl00)
tons
tons
tons
tons
•
Page 2 of 5
Page 806.142
Register 2002, No. 6; 2-8-2002
Title 14
California Integrated Waste Management Board
§ 18831
Section C ** Other IMtntmum Content Mandates
<^' Pesmb<JwyoftefC8lifbmj*w federal goveounwtrecycfeftw^
With which you are required to comply. U^eiWlditfona! sheets if tttcessary.
(26a). Mandate: Tons of APCM used to comply:
tons
(26b) Mandate: Tons of APCM used to comply
tons
(26c). Mandate: Tonsof APCM used to comply:
tons
(27) Total tons of APCM used to comply with other minimum content mandates
tons
Section B- Manufacturer ProductiaiiLoailioiis .
JFor each ph^lpai address at which yott manufactured reguiated trash ^Kt:^ 1t$t:ibe tmnbee of regulated
^ tr^ bdgj^ftd the tons of regulate trash bags dipped. Use addiHonal sheets ifattxmt^*
iliiiiiiiili
(28a) Company Name
(29a) Contact Person
(30a) Phone Number
(31a) Street Address
(32a) City
(33a) State
(34a) Zip Code
(35a) Tons ofregulated bags shipped
(36a) Number ofregulated bags shipped
(28b) Company Name
(29b) Contact Person
(30b) Phone Number
(31b) Street Address
(32b) City
(33b) State
(34b) Zip Code
(35b) Tons ofregulated bags shipped
(36b) Number ofregulated bags shipped
(28c) Company Name
(29c) Contact Person
(30c) Phone Number
(31c) Street Address
(32c) City
(33c) State
(34c) Zip Code
(35c) Tons ofregulated bags shipped
(36c) Number ofregulated bags shipped
(28d) Company Name
(29d) Contact Person
(30d) Phone Number
(3 Id) Street Address
(32d) City
(35d) State
(34d) Zip Code
(35d) Tons ofregulated bags shipped
(36d) Number ofregulated bags shipped
(28e) Company Name
(29e) Contact Person
(30e) Phone Number
( )
(31e) Street Address
(32e) City
(33e) State
(34e) Zip Code
(35e) Tons ofregulated bags shipped
(36e) Number ofregulated bags shipped
$eeti(^ti £ - Recycled Plastic Postconsmner Material Production Information
.Completetbis sectwnto U$teve«y te>ttoix^ v^icfcyott jjroduced ItPPCM. Vst addlltofl^ ^eetsrif ttece
' ffyottdidBotprodacBRPlH:M,iitarkK/A.
ssaxy.
(37) Total tons of Recycled Postconsumer Material produced during the reporting period.
Tons
(38a) Company (39a) Street Address
(40a) City
(41a) State
(42a) Zip Code
(43a) Tons of RPPCM produced at this location
Tons
(44a) APCM content of RPPCM
Tons
(45a) Phone Number
( )
(46a) Proximate prior usage of APCM:
Page 3 of 5
Page 806.143
Register 2002, No. 6; 2-8-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(38b) Company
(39b) Su-eet Address
(40b) City
(4 lb) State
(42b) Zi;>Code
1
(43b) Tons of RPPCM produced at this location
Tons
(44b) APCM content of RPPCM (45b) Phone Number
Tons ( )
(46b) Proximate prior usage of APCM:
(38c) Company
(39c) Street Address
(40c) City
(41c) State
(42c) Zip Code
(43c) Tons of RPCM produced at this location
Tons
(44c) APCM content of RPPCM (45c) Phone Number
Tons ( )
(46c) Proximate prior usage of APCM:
(38d) Company
(39d) Street Address
(40d) City
(4 Id) State
(42d) Zip Code
(43d) Tons of RPCM produced at this location
Tons
(44d) APCM content of RPPCM (45d) Phone Number
Tons ( )
(46d) Proximate prior usage of APCM:
(47) Total tons of Recycled Postconsumer Material purchased during the reporting period. Tons
(48a) Company
(49a) Street Address
(50a) City
51a) State
(52a) Zip Code
(53a) Contact Person
(54a) Phone Number
(55a) Tons of RPPCM purchased from supplier listed in (48a)
Tons
(56a) APCM content of the RPPCM
%
(57a) Proximate prior usage of the RPPCM.
(48b) Company
(49b) Street Address
(50b) City
(5 lb) State
(52b) Zip Code
(53b) Contact Person
(54b) Phone Number
(55b) Tons of RPPCM purchased from supplier listed in (48b)
Tons
(56b) APCM content of the RPCM
%
(57b) Proximate prior usage of the RPPCM.
(48c) Company
(49c) Street Address
(50c) City
(5 1 c) State
(52c) Zip Code
(53c) Contact Person
(54c) Phone Number
(55c) Tons of RPPCM purchased from supplier listed in (48c)
Tons
(56c) APCM content of the RPCM
%
(57c) Proximate prior usage of the RPPCM.
Action G >- Kecycted Plastic j'ostconsttitier Material Customer infomuittoit
Complete this *«ctlott to list tvtry ttistoitter to whom you sold RJP?CM. Use ^diticmal sheet* if necessary.
If Vou m notsdl tt^PCMr mark WA.
(58) Total tons of Recycled Plastic Postconsumer Material sold during the reporting period. Tons
(59a) Company
(60a) Street Address
(61a) City
(62a) State
(63a) Zip Code
(64a) Contact Person
(65a) Phone ^^^^^^^^^^^^^^^^^^^^
(59b) Company
(60b) Street Address
(61b) City (62b) State
(6^h) 2ip0ode
(64b) Contact Person
(65b) Phone ^ ' ^ ^
(59c) Company
(60c) Street Address
(6tc) City
(62c) State
(63c) Zip Code
(64c) Contact Person
(65c) Phone
( )
Page 4 of 5
Page 806.144
Register 2002, No. 6; 2-8-2002
Title 14
California Integrated Waste Management Board
§ 18831
* Qavefxim^Qt a^ticy: By <$hhBr ^^ pnncipql execo^^v^! officer or a de&^ated elected <^f^chii who i$ ^ru^ri^Bd / . ;
I certify under penalty of perjury that this document and all attachments were prepared under my
direction or supervision, that to the best of my knowledge and belief, the information provided is true,
accurate, and complete. I am aware that there are significant penalties for submitting false or misleading
information in this certification, including the possibility of fine or imprisonment, or both for violations.
Signature Of Individual Authorized To Sign
Title Of Authorized Individual
Typed Or Printed Name Of Authorized Individual
Date
Phone Number
Return the completed and signed form to:
Program Coordinator
Recycled Content Plastic Trash Bag Program
Integrated Waste Management Board
1001 I Street, 13th Floor
P. 0. Box 4025
Sacramento, CA 94812-4025
(916)341-6500
Certification Control #
OfficiatDseOnty
Received by:
Entered by:
^Ddtej
Date:
Reviewed by:.
Date:
Page 5 of 5
Page 806.145
Register 2002, No. 6; 2-8-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
1st ATE OF CALIFORNIA
CIW.VIB 58 (11/01)
CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD
Plastic Trash Bag Wholesaler Certification
Reporting Period: January 1 through December 31,
CaJifomia law requires you to certify by March I of each year for the regulated plastic trash bags sold in California.
Instructions
1. Please type or print legibly in ink and return by mail or FAX to (916) 319-7142. Use "N/A" for items which are not applicable.
2. If you did not sell any trash bags in California during the reporting period, mark item 9. sign and return the form.
3. If all the trash bags you sold in California during the reporting period Were non-regulated trash bags, mark item 10
and 11, sign and return the form.
Return form to:
Program Coordinator
Recycled Content Plastic Trash Bag Certification Program
Integrated Waste Management Board
1001 I Street, 13th Floor
P. O. Box 4025
Sacramento, CA 95812-4025
(916)341-6500
Section A - Wholesaler Information
Please provide your company information below.
(I) Company name
(2) Date
(3) Contact Person
(3a) E-Mail Address (Optional)
(4) Phone number
( )
(5) Mailing address of contact person
(6) City
(7) State (8) ZIP code
(9) I did not sell any trash bags in California during the reporting period.
TRUE
FALSE
(10) All the trash bags I sold in California were non-regulated trash bags.
TRUE
FALSE
(II) Circle each type of non-regulated trash bag you sold in California during the reporting period:
I) Less than 0.70 mil 2) Non-plastic bags 3) Medical waste bags
4) Hazardous waste bags 5) Adhesive, heat-affixed strap bags .
Section B - Shipping Locations
Please list each physical address front which you shipped regulated trash bags
(13a) Contact person
12a) Company name
(15a)Su-eet
(16a) City
(17a) State
(14a) Phone
( )
(18a) ZIP
(19a) Tons of regulated trash bags shipped
(20a) Number of regulated trash bag shipped
(12b) Company n£une
(13b) Contact person
(15b) Street
(l6b)City
(17b) State
(14b) Phone
( )
(TlbTZIF
(19b) Tons of regulated trash bags shipped
(20b) Number of regulated trash bag shipped
(1 2c) Company name
(1 3c) Contact person
(15c) Street
(16c) City
(14c) Phone
( )
(19c) Tons of regulated trash bags shipped
(17c) Suite
(18c) ZIP
(20c) Niunber of regulated trash bag shipped
Page 1 of 2
Page 806.146
Register 2002, No. 6; 2-8-2002
Title 14
California Integrated Waste Management Board
§ 18831
Plastic Trash Bag Wholesaler Certification
Section C - Supplier Information . *
List each "manufacturer or wholesaler" from whom you purchased regulated trash bags.
(2 1 a) Company name
(22a) Contact person
(23a) Phone
(
(24a) Street
(25a) City
(26a) State
(27a) ZIP
(2 lb) Company name
(22b) Contact person
(23b) Phone
( )
(24b) Street
(25b) City
(26b) State
(27b) ZIP
{21c) Company name
(22c) Contact person
(23c) Phone
(
(24c) Street
(25c) City
(26c) State
(27c) ZIP
(2 Id) Company name
(22d) Contact person
(23d) Phone
( )
(24d) Street
(25d) City
(26d) State
(27d) ZIP
(21e) Company name
(22c) Contact person
(23e) Phone
( )
(24e) Street
(25e) City (26e) State
(27c) ZIP
Section D - Certification Instructions
Certification: Only the following persons are authorized to sign this form.
* Corporation: By a responsible corporate officer or manager authorized to make management
decisions which govern tfie operation of reporting fiu:ility.
* Partnership or sole proprietorship: The general partner or proprietor.
* Government agency: By either the principal executive officer or a designated elected official who is
authorized to obligate the entity for purposes of this certification.
I certity under penalty of perjury that this
my direction or supervision, that to the bes
true, accurate, and complete. I am aware t
or misleading information in this certificat
or both for violations.
document and all attachme
t of knowledge and belief, t
hat there are significant pe
ion, including the possibilit
nts were prepared under
he information provided is
nalties for submitting false
Y of fine or imprisonment.
Signature of individual authorized to sign
Title of authorized individual
Typed or printed name of authorized individual Date Phone number
Official Use Only
Received bv: Date: Reviewed bv: Date:
Entered by: Date:
Page 2 of 2
Page 806.147
Register 2006, No. 15; 4- 14-2006
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
CIWMB-60 (3/06)
APPLICANT: This application is a:
New Application
Renewal
Add/Delete Vehicle
D Change in Vehicle Ownership
D Change in Business Ownership and/or Name
□ Replacement Decal
Waste Tire Hauler Registration Application
California Integrated Waste Management Board
P.O. Box 4025 • Sacramento, CA 95812
D
D
D
CIWMB Use Only
Reviewed
By
Dale
Issued
Pursuant to Section 42950 et seq. of the Public Resources Code, a waste tire hauler shall submit the following information on this form in order
to obtain a Waste Tire Hauler Registration and approval to transport used or waste tires.
APPLICANT: COMPLETE (TYPE OR PRINT IN INK) ITEM 1 THROUGH 9. IE A SPECIFIC ITEM DOES NOT APPLY TO YOUR COMPANY,
ENTER "N/A ", FOR NOT APPLICABLE INCOMPLETE OR PHOTOCOPIED FORMS MAY BE REJECTED.
1. Business name of company*: .
2. Business Owner:
Social Security Number
3. Business Operator (if different from Business Owner):
4. Other business names of the company (DBA's):
5. Mailing address of company:
City State
6. Facility address (if different than No. 5)
City State
/ Phone Number
/ Phone Number
Zip
Zip
7. Vehicle Descriptions: Provide information for each vehicle to be approved to haul used or waste tires on page 2.
8. Attach proof of bond. (Form CIWMB-61)
9. Indicate prospective end use facilities (disposal, recycle, storage, etc.). If you need more space, please list on a separate page.
Name Address Phone number
* Name of individual, sole proprietorship, co-partnership. Limited Liability Company, corporation, or political subdivision applying for registration.
*'* Pursuant to Family Code Section 17320(d), persons applying for issuance or renewal of any license or other authorization to engage in a business, occupation,
or profession under any of the laws administered by the CIWMB, must provide their social security numbers to the CIWMB. The CIWMB uses this information
to match their names to the names on the list provided by the Department of Child Support Services, and to respond to requests for information made by child
support agencies.
I certify under penalty of perjury under the laws of the State of California that the information on this application form is true and correct.
Signature of Authorized Agent
Date
Printed Name of Authorized Agent Title of Authorized Agent
No registration application fee is required. Incomplete applications will be returned, and applicant will not be considered registered.
RETURN COMPLETE REGISTRATION APPLICATION TO:
Tire Management-Branch
Special Waste Division
California Integrated Waste Management Board
P.O. Box 4025
Sacramento, CA 95812
Page 806.148
Register 2006, No. 15; 4-14-2006
Business Name (Item 1 from previous page).
Registration Number (if known)
Vehicle Description Sheet
es
VQ
n
00
o
7. This part must be completed by all applicants for a permit to transport used or waste tires pursuant to Chapter 19, Section 42950 et. seq. of the Public
Resources Code and submitted to the California Integrated Waste Management Board. Please attach additional sheets, if necessary.
(Important Notice -The applicant is responsible for the actions of any persons transporting used or waste tires under this registration.)
No
Still
In
Service
License Number
State
Vehicle IdentiHcation Number
Make/Model
Year
Type*
Registered Owner
(For CmTVlB
Renewal Only)
CIWMB
Registration No.
1
1 — 1
2
3
L_J
4
1
5
1 1
6
1 1
7
1 1
8
1
9
D
10
1—
* Type of vehicle: Include Motorized Vehicles Only (NoJiaileis)
U Please send me a Temporary Certificate For Alternate Vehicles for the upcoming year's renewal. I realize that I will be receiving only one temporary
certificate each year and that this certificate is not transferable to any other registration. Additionally, know that I am required to inform the CIWMB upon the
use of any alternate vehicle within two (2) calendar days.
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
State of California California Integrated Waste Management Board
CIWMB-61 (Rev. 2/02) 1001 "1" Street • P.O. Box 4025 • Sacramento, CA 95812-4025
WASTE TIRE HAULER BOND
BOND NUMBER^
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, The Undersisned
whose
address for service is
, as Principal, and
, a corporation
organized and existing under the laws of the State of and authorized to transact a
general surety business in the State of California, whose address for service is , as
Surety, are held and firmly bound unto the State of California in the sum of TEN THOUSAND DOLLARS ($10,000)
lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs,
executors, administrators, personal representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal is required by the provisions of Section 42955 of the Public Resources Code to file or have on
file a bond as therein prescribed in the amount of ten thousand dollars ($10,000) and said Principal admits it is so required
and
WHEREAS, the above-named Principal, pursuant to California Senate Bill No. 744 (McCorquodale), Chapter 51 1,
Statutes of 1993, an act to amend Section 42889 of, and to add Chapter 19 (commencing with Section 42950) to Part 3 of
Division 30 of, the Public Resources Code, relating to tire haulers, is applying to the California Integrated Waste
Management Board for a registration to engage in transportation of waste tires as defined in California Statutes of 1993,
Chapter 511, Part 3 of Division 30, Chapter 19, Article 1, Section 42950(b), at the following location:
NOW THEREFORE, the conditions of the foregoing obligation are that if the Principal above named shall faithfully
comply with all and be subject to all applicable statutes, rules, and waste tire hauler registration conditions of the State of
California, then this obligation shall be null and void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, this bond is issued subject to the following express conditions:
1. This bond shall be effective on day of , 20 , and shall run concurrently with the period of the
registration granted to the Principal, and shall remain in full force and effect for any renewals thereof, provided, however,
that the penalty of said bond shall not be cumulative from year to year, and the total liability of the Surety herein shall not
exceed the sum often thousand dollars ($10,000), regardless of the number of registration periods for which said bond is in
force.
2. The conditions of this bond are as set forth in Chapter 19 (commencing with Section 42950) of Part 3 of Division
30 of the Public Resources Code and any regulations adopted to carry out this chapter or any of the California Integrated
Waste Management Board's duties or responsibilities imposed pursuant to this chapter.
Page 806.150 Register 2006, No. 15; 4-14-2006
Title 14 California Integrated Waste Management Board § 18831
State of California California Integrated Waste Management Board
CIWMB-6 1 (2/02) Waste Tire Hauler Bond
3. This bond is executed by the surety to comply with the provisions of Chapter 19 (cotninencing with Section
42950) of Part 3 of Division 30 of the Public Resources Code and applicable regulations and of Chapter 2, Title 14, Part 2
(commencing with Section 995.010) the Code of Civil Procedure and said bond shall be subject to all of the terms and
provisions thereof.
4. Any person claiming against said bond may bring an action on this bond, provided that written claim of such right
of action shall be made to a principal or the surety company within two years after the injury.
5. It shall be the responsibility of the Surety to notify the California Integrated Waste Management Board immediate-
ly upon the payment of any funds which decreases the liability of the Surety under this bond, or if there is outstanding a
claim for which the principal and/or bonding company is liable.
6. This bond may be canceled by the Surety by sending a notice of cancellation by registered or certified mail to the
Waste Tire Branch, Special Waste Division, MS 22, P.O. Box 4025, Sacramento, CA 95812^025. The surety shall at the
same time mail or dehver a copy of the notice of cancellation to the Principal, [see CCP Section 996.3 10 et. seq.] Such can-
cellation shall take effect 30 days from the date said notice of cancellation is received by the California Integrated Waste
Management Board.
IN WITNESS WHEREOF, the above named parties have executed this instrument the day of , 20 .
Corporate Seal
of Principal Principal
(if corporation)
By
(Title)
ACKNOWLEDGMENT OF SURETY
I certify (or declare) under penalty of perjury under the laws of the State of California that I have executed the
foregoing bond under an unrevoked permit of attorney.
Executed in on , under the laws of
(City, State) (Date)
the State of California.
Corporate Seal
Signature of Attorney-in-Fact for Surety
of Surety
Printed or Typed Name of Attorney-in-Fact for Surety
Page 806.151 Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
CIWMB-62 (2/02)
California Integrated Waste Management Board
1001 "I" Street • P.O. Box 4025 • Sacramento, CA 95812
WASTE TIRE HAULER MANIFEST
INSTRUCTIONS ARE ON REVERSE SIDE OF FORM
PART 1. TO BE COMPLETED BY REPRESENTATIVE OF TIRE DEALER OR WASTE TIRE GENERATOR
Tire Dealer/Generator (include Board of Equaiization "Tire Recycling Fee Account Number")
Name & Address
County
(Area Code) Telephone Number
Date of Pickup (Month/Day/Year)
Whole Tires in this Shipment OR-
Volume of Tires in this Shipment
(cubic yards) OR-*
Weight of Tires in This Shipment
(Circle One) pounds
tons
i certify that the information provided above is true and correct. I certify that Part 2(a) and Part 3(a) were completed at the time of this certification, i
am aware that falsification of this manifest may result in civil penalties or administrative civil penalties as described in Public Resources Code Section
42962 (a) and (b). (See reverse side of this form)
Waste Tire Dealer/Generator Representative Signature
Date Printed Name
PART 2. TO BE COMPLETED BY REPRESENTATIVE OF WASTE TIRE HAULER
(a)
CIWMB Waste: Tire Hauler Vehicle Registration Number.
w
Vehicle License Number{including State/Country)
ADJUSTMENT Waste Tires removed for re-use/retread vj-
Name and address of site receiving removed waste tires;
Remaining waste tires for dejivery
I cenify that the informatiort provided above is true and correct. The collector's vehicle may contain several loads from different tire generators;
however, each load must be accompanied by its own manifest. 1 am aware thatfalsification of this manifest may result in suspension, revocation, or
denial of renewal of my Waste Tire Hauler Registration and may result in civil penalties or administrative civil penalties as described in Public
Resources Code Section42962 la) and {b).;(See reverse side of this form)
Waste Tiro Hauler ReipfBsentative Signature : v ^
Date ■ '■ ' ■■■.-' Printed Name ■■:■■■■■■■■;■:■■.■::.
PART 3. TO BE COMPLETED BY REPRESENTATIVES OF WASTE TIRE HAULER AND DESTINATION SITE
(a) TO BE COMPLETED BY WASTE TIRE HAULER. TO BE CORRECTED BY DESTINATION SITE IF DIFFERENT.
Destination Site (include CIWMB Site Number if known)
Name & Address
County
(Area Code) Telephone Number
(b) TO BE COMPLETED BY DESTINATION SITE
Date Tires Received (Month/DayA'ear)
Are the number of tires received the same as the number of tires shipped in Part I? Lj Yes LJ No
complete the box(es) below:
If NO, please
Whole Tires in this Shipment OR-*
Volume of tires in this Shipment
(cubic yds ) OR-*
Weight of tires in this Shipment
(Circle one) pounds tons
I certify that the information provided above is true and correct and that I have been authorized by the State of California or a local agency permit to
accept waste tires for reuse or disposal. I am aware that falsification of this manifest may result in civil penalties or administrative civil penalties as
described in Public Resources Code Section 42962 (a) and (b). (See reverse side of this form)
Wasta Tire Destination Representative Signature_
Date
Printed Name
Pfnk - T/re Dealer/Waste Tire Generator; Yellow - Processor/Collection Center/Destination Site; Whitehriginal) - Waste Tire Hauler; Blue - Tire Dealer/Tire
Generator if requested. A copy of each transaction must be retained by each party for a period of three years.
Page 806.152
Register 2002, No. 25; 6-21-2002
•
Title 14 California Integrated Waste Management Board § 18831
INSTRUCTIONS FOR COMPLETING WASTE TIRE HAULER MANIFEST (CIWMB-62)
ALL PARTIES MUST KEEP COPIES OF THE MANIFESTS FOR THREE YEARS AND MAKE THEM AVAILABLE TO
AUTHORIZED REPRESENTATIVES OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD UPON RE-
QUEST.
PART 1. TO BE COMPLETED BY WASTE TIRE DEALER/TIRE GENERATOR REPRESENTATIVE
1. Representative of the tire dealer/waste tire generator completes this section.
2. Complete the name of the company, address, city, state, zip, county, and phone number (Address stamp is acceptable on each
copy).
3. Show the number of whole tires and/or processed tires in this shipment.
For example, a shipment may contain 100 whole tires and/or 100 pounds of processed tires.
4. Certify that the information provided is true and correct in Part 1 and Part 2(a) and Part 3(a), sign, and date.
5. Keep the PINK copy of the manifest for record keeping.
6. May require the hauler to return the BLUE copy of the manifest with the destination site certification signature as proof of
delivery to an authorized waste tire site.
PART 2. TO BE COMPLETED BY WASTE TIRE HAULER REPRESENTATIVE
1 . Driver representing the registered waste tire hauler completes this section.
2. Complete Section 2(a) PRIOR TO LEAVING THE TIRE GENERATOR'S PREMISES
3. Complete Section 3(a) PRIOR TO LEAVING THE TIRE GENERATOR'S PREMISES (Address stamp is acceptable on each
copy).
4. Complete Section 2(b) PRIOR TO ARRIVAL AT THE WASTE TIRE DESTINATION SITE
5. Certify that the information provided is true and correct, sign and date.
6. Keep the WHITE (original) copy of the manifest for record keeping.
PART 3. WASTE TIRE DESTINATION SITE CERTIFICATION
1. Representative of the receiving facility completes this section.
2. Verify Section 3(a) information.
3. Complete Section 3(b).
4. Verify number/quantity of tires received.
5. Certify that the information provided is true and correct, sign and date.
6. Keep the YELLOW copy of the manifest for record keeping.
The following Public Resource Code Sections reference civil penalties or administrative penalties which may result from
falsification of this manifest:
Public Resources Code, Division 30, Chapter 19, Section 42962(a) states: "Any person who intentionally, or negligently,
violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, shall be liable for a
civil penalty not to exceed ten thousand dollars ($10,000) for each violation of a separate provision or for continuing viola-
tions for each day that violation continues. Liability under this section may be imposed in a civil action."
Public Resources Code, Division 30, Chapter 19, Section 42962(b) states: "In addition to the civil penalty which may be
imposed pursuant to subdivision (a), the board may impose civil penalties administratively in an amount not to exceed one
thousand dollars ($1,000) for each violation of a separate provision or for continuing violations for each day that violation
continues, for any person who intentionally or negligently violates any permit, rule, regulation, standard, or requirement
issued or adopted pursuant to this chapter."
Page 806.153 Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
CIWMB-81 (rev. 1/95)
California Integrated Waste
Management Board
REGISTRATION PERMIT
Facility/Permit Number (SWIS):
Name of Facility
Name and Address of Enforcement Agency:
Signature of Local Enforcement Agency Approving Officer:
Please print or type Name and Title of Approving Officer:
Date of Issuance:
This permit has been issued by the enforcement agency in accordance with Title 14, California Code of Regulations,
section 18104. This registration pennil incorporates by reference, as tenns and conditions of the permit, cdl minimum
standards applicable to it, as set forth in Title 14, Division 7 of the California Code of Regulations. These minimum
standards include, but are not limited to the f allowing. ■
The facility for which this permit has been issued may only be operated in accordance with the description provided in
the attached application, which is hereby incorporated by reference.
This permit shall be reviewed at least once every five years from the date of issuance ttoted above pursuant to Title 14,
California Code of Regulations, section 18104.7.
•
Page 806.154
Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
State of California - CIWMB Form 83 (rev. 12/96)
Registration Permit Application
California Integrated Waste Management Board
Facility Name:
Address/Location:
Phone Number:
Facility Operator:
Mailing Address
Address Where Process May be Served
Phone Number:
Land Owner:
Mailing Address:
Address Where Process May be Served:
Phone Number:
Facility Information:
Section Authorizing Eligibility:
Volume and Type of Waste/Material(s) Handled:
Site Capacity:
Peak Loading:
Annual Loading:
Cubic Yards or Tons
Cubic Yards or Tons/Day
Cubic Yards or Tons
Days and Hours of Operation:
Facility Size:
Area
Operating Area:
Area
Traffic:
Incoming Waste Material:
Vehicles Per Day
Outgoing Waste Material:
Vehicles Per Day
One of the following Statements Must be Checked:
[ ] The facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies
with Public Resources Code 50000; and the facility is consistent with the city or county General Plan.
[ ] The facility is identified in either the countywide siting element, the nondisposal facility element, or in the source reduction
and recycling element for the jurisdictions in which it is located; or that the facility is not required to be identified in any of these
elements pursuant to section 500001 of the Public Resources Code.
I hereby acknowledge that I have read this application, and certify under penalty of perjury that the information provided is true
and accurate. In operating the facility, I agree to comply with the conditions of the permit, and with federal, state, and local enact-
ments:
Signature of Land Owner:
Signature of Operator:
Date:
Date:
This application must be accompanied by a Q General Description Q Site Plan, and Q Location Map.
Enforcement Agency Name and Address:
FOR ENFORCEMENT AGENCY USE ONLY
Date received:
Date approved:
Date rejected:
Filing Fee:
SWIS #:
Page 806.155
Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Instructions for Completing Registration Application:
Fill out this application form completely and accurately. After the Enforcement Agency has review(ed) the application, it will determine whether
it meets the requirements of section 18104.1. If the Enforcement Agency finds that the apphcation is complete and correct, a copy of this application
and a permit will be returned to you. If the application is not found to be complete and correct it will not be accepted for filing. For additional informa-
tion on the procedure used for processing this application refer to Title 14 of the California Code of Regulations, Section 181094 et. seq.
Facility Name: The legal name of the facility.
Facility Address/Location: The address of the facility and the a description of the location if different.
Facility Operator/Land Owner: Provide both the mailing addresses and the location/address where process may be served.
Section Authorizing Eligibility:
You must determine the appropriate Section in Chapters 3 or 3. 1 of Division 7 of Title 14 of the California Code of Regulations that authorizes eligibil-
ity. After determining the appropriate section list it on the application.
Site Capacity: Total capacity of material that can be stored at the site any one time.
Peak Loading: Is the largest projected waste/material quantity to be received by an operation on any day of operation.
Annual Loading: Is the maximum amount of waste/material to be handled by an operation annually.
Days and hours of Operation: The days and hours that the facility is in operation.
Facility Size: The total acreage of the site.
Operating area: The total acreage that is used for all operations.
Traffic: State the maximum number of vehicles that will enter and haul incoming material or remove material on a daily basis.
The operator is required to supply conformance finding information. Whichever one of the two statements above is appropriate to your operation
must be checked. To help you in making this determination, you can contact the Enforcement Agency, Local Task Force, or other solid waste planning
agency in your city or county.
The application must include a site map and a location map. The site map should include, but not be hmited to, operations areas and their relationships
to property boundaries, adjacent land uses, proposed drainage systems, any excavation areas, and any other portions of the site dedicated to a specific
use. The location map should show the general location of the operation at a scale size minimally equivalent to 1:24,000 USGS topographical quad-
rangle.
This application must be signed, under penalty of perjury, by both the land owner and the operator.
Page 806.156 Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
Nonhazardous Petroleum Contaminated Soil Regulatory Requirements
December 13, 1995
State of California
CIWMB FORM 90 (rev. 12/96)
STANDARDIZED CONTAMINATED SOIL SOLID WASTE FACILITIES PERMIT
California Integrated Waste
Management Board
L Facility/Permit Number (SWIS):
2. Facility Name:
Address/Location:
3. Enforcement Agency:
Address:
4. Signature of Enforcement Agency Approving Officer:
5. Please Print or Type Name and Title of Approving Officer:
6. Date Signed:
7. Date Received by CIWMB:
8. Signature of CIWMB Approving Officer:
9. Please Print or Type Name and Title of Approving Officer:
10. Date Signed:
1 1 . Date of Permit Issuance:
12. Permit Review Due Date:
The facility for which this permit has been issued shall only be operated in accordance with the descripfion provided in the
application pursuant to Section 18105.1 and Report ofContaminated Soil Disposal Site Information pursuant to Secfion 18224.
1 3. Legal Description of Facility: (description may be attached)
Page 806.157
Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
14. Findings:
a. This permit is consistent with standards adopted by tiie California Integrated Waste Management Board, pursuant to
Public Resources Code Section 44010.
b. An environmental determination has been filed with the State Clearing House (# ) for all facilities
that are not exempt from CEQA and documents pursuant to Pubhc Resources Code Section 21081.6.
c. The following authorized agent has made the determination that the facil-
ity is consistent with the applicable general plan, as required by Public Resources Code, Section 50000.5(a).
d. The operation of this facility is consistent with the [ ] County Solid Waste Management Plan (50000), or the [ ]
County Integrated Waste Management Plan (50001).
e. The design of the proposed facility or the design and operation of an existing facility, as appropriate, is in compliance
with State Minimum Standards for Contaminated Soil Operations and FaciUties Regulatory Requirements, Title 14, Division
7, Chapter 3, Article 5.6 of the Cahfornia Code of Regulations.
15. In addition to this permit, the facility may have one or more of the following permits or restrictions on its operations. Per-
sons seeking information regarding these items should contact the appropriate regulatory agency.
CIWMB Report for Contaminated Soil Disposal Site Information
State Water Resources Control Board/Regional Water Quality Control Board Waste Discharge Requirements or
Waiver
National Pollutant Discharge Ehmination System (Storm water) Permit
Fire Protection District Findings
Mitigation and Monitoring Measures (pursuant to the California Environmental Quality Act)
Conditional Use Permit
California Environmental Quality Act Environmental Impact Report or Negative Declaration
Air Pollution Permits and Variances
Coastal Commission Restrictions
16. Terms and Conditions:
a. The operator shall comply with applicable state minimum standards set forth in Title 14, Division 7, Chapter 3, Article
5.6 of the California Code of Regulations.
b. The operator shall comply with all mitigation and monitoring measures developed in accordance with a certified envi-
ronmental document filed pursuant to Public Resources Code Section 21081.6.
c. The operator shall maintain a copy of this standardized permit at the facility or at a location agreed upon by enforcement
agency and board personnel, to be available at all times to facility, enforcement agency, and board personnel.
d. The operator shall maintain and make available for inspection by the enforcement agency and board all correspondence
and reports provided to other regulatory agencies that have jurisdiction over the facility.
e. The design capacity of tons or cubic-yards per day of contained soil being disposed of shall not be exceeded.
f. Additional clarifying information concerning the design and operation of the contaminated soil facility shall be fur-
nished upon written request of the enforcement agency, or the board.
g. Unless specifically permitted or allowed under Tide 14, Division 7, Chapter 3, Article 5.6 of the California Code of
Regulations, the facility shall not accept the following materials:
(1) Designated wastes as defined in Title 23, Chapter 15, Section 2522 of the California Code of Regulations
(2) Hot Ashes/Burning materials
(3) Medical wastes as defined in Section 25023.2 of the Health & Safety Code
(4) Hazardous Wastes as defined in Section 251 17 of the Health & Safety Code
(5) Liquid Wastes as defined in Title 23, Chapter 15, Section 2601 of the California Code of Regulations)
h. Discharge of wastes off-site are prohibited.
i. The facility, if located outside of a city, shall be maintained in comphance with the flammable clearance provisions,
pursuant to Public Resources Code Section 44151.
Page 806.158
Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
State of California
CIWMB FORM 98 (new 7/96)
California Integrated Waste
Management Board
STANDARDIZED NONHAZARDOUS ASH SOLID WASTE FACILITY PERMIT
1. Facility/Permit Number (SWIS):
2. Facility Name and Address/Location:
3. Operator Name and Mailing Address:
4. Owner Name and Mailing Address:
5. Enforcement Agency and Address:
6. Signature of Enforcement Agency Approving Officer:
7. Please Print or Type Name and Title of Approving Officer:
8. Date Signed:
9. Date Received by CIWMB:
10. CIWMB Concurrence Date:
1 1 . Signature of CIWMB Approving Officer:
12. Please Print or Type Name and Title of Approving Officer:
13. Date Signed:
14. Date of Permit Issuance:
15. Permit Review Due Date:
The facility for which this permit has been issued shall only be operated in accordance with the description pro-
vided in the application pursuant to Section 18105.1 and Report of Nonhazardous Ash Disposal Site Information
pursuant to Section 18226. (Applicants may use the Standardized Permit Application CIWMB 92).
16. Legal Description of Facility: (description may be attached)
Page 806.159
Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
J 7. Findings:
a. This permit is consistent with standards adopted by the California Integrated Waste Management Board,
pursuant to Public Resources Code Section 44010.
b. [ ] A CEQA exemption (state the type, and identify section of exemption, or N/A),
, or [ ] a (state type of environment document,
date, and SCH#) has been filed with the State Clearinghouse and adopted or certified. Where mitigation measures
have been identified, a Mitigation Reporting or Monitoring Program has been adopted as part of the project pursuant
to Public Resources Code Section 21081 .6.
c. The following authorized agent has made the determination
that the facility is consistent with the applicable general plan, as required by Public Resources Code, Section
50000.5(a).
d. The operation of this facility is consistent with the [ ] County Solid Waste Management Plan (50000), or
the [ ] County Integrated Waste Management Plan (50001).
e. The design of the proposed facility or the design and operation of an existing facility, as appropriate, is in
compliance with State Minimum Standards for Nonhazardous Ash Operations and Facility Regulatory Require-
ments, Title 14, Division 7, Chapter 3, Article 5.8 of the California Code of Regulations.
f. Public Resources Code Section 44009 has been complied with.
18. In addition to this permit, the facility may have one or more of the following permits or restrictions on its opera-
tions. Persons seeking information regarding these items should contact the appropriate regulatory agency.
Report of Nonhazardous Ash Disposal Site Information
State Water Resources Control Board/Regional Water Quality Control Board Waste
Discharge Requirements or Waiver
National Pollutant Discharge Elimination System (Stormwater) Permit
Fire Protection District Findings
Mitigation and Monitoring Measures (pursuant to the California Environmental Quality Act)
Conditional Use Permit/Land Use Permit
California Environmental Quality Act Environmental Impact Report or Negative Declaration
Air Pollution Permits and Variances
Coastal Commission Restrictions
Other Permits may also apply
19. Terms and Conditions:
a. The operator shall comply with applicable state minimum standards set forth in Title 14, Division 7, Chapter
3, Article 5.8 of the California Code of Regulations.
b. The operator shall comply with all applicable mitigation and monitoring measures that are to be implem-
ented with the enforcement agency.
c. The operator shall maintain a copy of this standardized permit at the facility or at a location agreed upon
by enforcement agency, to be available at all times to facihty, enforcement agency, and CIWMB personnel.
d. The operator shall maintain and make available for inspection by the enforcement agency and CIWMB all
correspondence and reports provided to other regulatory agencies that have jurisdiction over the facility.
e. The design capacity of tons or cubic-yards (circle one) per day of nonhazardous ash being disposed
of shall not be exceeded.
f. The facility has a total operating area of acres.
g. The maximum quantity of nonhazardous ash that can be received per any operating day is tons or cubic
yards (circle one).
h. The days and hours of operation shall be . For facilities with contin-
uous operations, indicate the start of the operating day for purpose of calculating amount of nonhazardous ash re-
ceived per day.
i. Additional clarifying information concerning the design and operation of the nonhazardous ash facility shall
be furnished upon written request of the enforcement agency or the CIWMB.
j. Unless specifically permitted or allowed under Title 14, Division 7, Chapter 3, Article 5.8 of the California
Code of Regulations, the facility shall only accept nonhazardous ash.
k. Migration of wastes, leachate, or dust off-site are prohibited.
1. The facility, if located outside of a city, shall be maintained in compliance with the flammable clearance
provisions, pursuant to Public Resources Code Section 44151.
Page 806.160
Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
State of California
California Integrated Waste Management Board
TRUST AGREEMENT
Trust Account Number:
This Agreement is entered into as of
by and between:
GRANTOR
TRUSTEE
Operator Name:
Trustee Name:
Address:
Phone Number:
Address:
Phone Number:
n Corporation O Association
n Partnership D Proprietorship
□ Tnrnrpnrated ip the State nf
n A National Bank
TERMS OF AGREEMENT
WHEREAS, the California Integrated Waste Management Board has established regulations applicable to
the Grantor in Title 14, California Code of Regulations (CCR), Division 7, Chapter 6, Article 9, requiring that an
operator of a major waste tire facility shall provide assurance that funds will be available when needed for closure
activities of the major waste tire facility, and
WHEREAS, the Grantor has elected to establish a trust to assure all or part of such financial responsibility
for the major waste tire facility(ies) identified herein, and
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as trustee,
NOW THEREFORE, the Grantor and Trustee agree as follows:
Section!. Definitions. As used in this Agreement:
(a) The term "Grantor" means the operator who enters into this Agreement and any successors or assigns of
the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means State of California, Integrated Waste Management Board or its designee.
Section 2, Identification of Major Waste Tire Facilities and Cost Estimates. This Agreement pertains to the
major waste tire facility(ies), cost estimates, and determination of primary or excess coverage identified on attached
Schedule A [for each facility identified in Schedule A, list the facility information system number, name, address,
and amount of current closure cost estimate (indicate closure amounts separately for each facility), or portions
thereof for which financial assurance is demonstrated by this Agreement and whether the coverage is primary or
excess coverage].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter
the "Fund", for the benefit of the Beneficiary. The Grantor and the Trustee intend that no third party have access to
the Fund except as herein provided. The Fund is established initially as consisting of the
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property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other
property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits
thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held
by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any
responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by the Beneficiary.
Section 4. Payment for Closure. The Trustee shall make payments from the Fund as the Beneficiary shall
direct, in writing, to provide for the payment of the costs of closure of the major waste tire facility(ies) covered by
this Agreement. The Trustee shall pay the Grantor or other persons as specified by the Beneficiary from the Fund
for expenditures for closure activities in such amounts as the Beneficiaiy specifies in writing. Upon refund, such
funds shall not constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fvind shall consist of cash
or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee may invest and reinvest the principal and income of the Fund
and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with
general investment policies and guidelines that the Grantor may communicate in writing to the Trustee from time to
time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and
managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of
the potential beneficiaries and with the care, skill, prudence and diligence under the circumstances then prevailing
that persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an
enterprise of a like character and with like aims; except that;
(i) Securities or other obligations of the Grantor, or any other operator or owner of the facilities, or any of
their affiliates as defined in the Investment Company Act of 1940, as amended, Title 15 U.S.C. 80a-2(a), shall not be
acquired or held, unless they are securities or other obligations of the federal or state government.
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
insured by an agency of the federal or state government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or
collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions
thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940,
Title 15 U.S.C. 80a-l et seq., including one that may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretion conferred
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and
empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private
sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire
into the validity or expediency of any such sale or other disposition;
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§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any
and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any
security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the
same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in
the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all such
securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued
by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the
extent insured by an agency of the federal or state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect
of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses
incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered
to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper
charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of
establishment of the Fund, fiimish to the Grantor and the Beneficiary a statement confirming the value of the Trust.
Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of
establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the Beneficiary shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters
disclosed in the statement.
Section 1 1 . Advice of Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the construction of this Agreenient or any action to
be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting on the advice of
counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this
successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred
upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign,
transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason,
the Grantor carmot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall
specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Beneficiary, and
the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the
Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instruction to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee
shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the
Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions. All orders, requests,
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Title 14 California Integrated Waste Management Board § 18831
and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the
Trustee shall act and shall be fiilly protected in acting in accordance with such orders, requests, and instructions.
The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting
a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder
has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the
Grantor and/or the Beneficiary, except as provided for herein.
Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor, and Beneficiary, by certified
mail, within 10 days following the expiration of the 30 day period after the anniversary of the establishment of the
Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed the
Trustee shall not be required to send a notice of nonpayment.
Section 16. Amendment of Agreement. This agreement may be amended by an instrument in writing
executed by the Grantor, Trustee, and the Beneficiary, or by the Trustee and the Beneficiary if the Grantor ceases to
exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 1 6, this Trust shall be irrevocable and shall continue until terminated at the written agreement of
the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be
delivered to the Grantor. The Beneficiary will agree to termination of the trust when the operator substitutes
alternate financial assurance as specified in 14 CCR, Section 18479 or is released as specified in 14 CCR, Section
18482.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any
directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be
indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal
liability to which the Trustee may be subjected by reason of any act in
conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails
to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to
the laws of the State of California.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in
the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the
interpretation or the legal efficacy of this Agreement.
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§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly
authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties
below certify and sign under penalty of perjury under the laws of the State of California that the information in this
document is true and correct to the best of his or her knowledge, and is being executed in accordance with the
requirements of Title 14, California Code of Regulations, Division 7, Chapter 6, Article 9, Section 18474.
Signature of Grantor:
Title:
Typed or Printed Name of Person Signing:
Seal:
Attest: Title
Signature of Trustee:
Title:
Typed or Printed Name of Person Signing:
Seal:
Attest: Title
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 9, Section 18474 in order to verify adequate financial assurance of
major waste tire facilities. Completion of the form is mandatory. The consequence of not completing the form is
denial or revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S.
Environmental Protection Agency, State Attorney General, Air Resources Board, California Department of Toxic
Substances Control, Energy Resources Conservation and Development Commission, Water Resources Control
Board, and California Regional Water Quality Control Boards. For more information or access to your records,
contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, California
95812-4025, (916) 341-6000.
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1 'tie 14 California Integrated Waste Management Board § 18831
•
EXHIBIT A
TRUST AGREEMENT BY AND BETWEEN
AND THE
As provided for in Section 14 of the Trust Agreement, the persons, other than the officials of the Board or
its designees identified in Section 14 of the Trust Agreement, who, until this Exhibit A is amended, shall have the
authority to make orders, requests, and instructions to the Trustee are:
Officials of the Grantor.
Officials of the Grantor who have authority to give instructions are:
Name:
Title:
Any orders, requests or instructions by the Grantor to the Trustee, pursuant to the foregoing Agreement, may be
signed by any one or more of the following persons:
Name:
Title:
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§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
TRUST AGREEMENT/DEPOSITORY TRUST
SCHEDULE A
This Agreement demonstrates financial assurance for the following cost estimate(s) for the following major waste
tire facility(ies):
Facility Information
Number
Name of Facility
Address of Facility
Cost Estimates For Which
Financial Assurance is
Being Demonstrated by
This Agreement
Closure Cost Estimates
Total:
The cost estimates listed here were last adjusted on
Date
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•
SCHEDULE B
The fund is established initially as consisting of the following:
(Spell out dollar amount)
as evidenced by
dated / /
(Name of institution drawn on)
I hereby certify that funds have been received and deposited.
Authorized Signature:
Title:
Typed or Printed Name of Person Signing:
Phone Number of Person Signing:
Address:
DEPOSITORY TRUST AGREEMENT (ONLY)
SCHEDULE B
List of Property Comprising Trust Fund
None at time of the trust establishment. Funding of this Depository Trust Agreement is contingent upon drafts
against that primary,
(Surety Bond or Letter of Credit)
number
and issued by
the
(Issuing Institution)
on
(Date)
in accordance with the terms of that
(Surety Bond or Letter of Credit)
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Page 806.215
Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
California Integrated Waste Management Board
PERFORMANCE BOND
Principal Name (Operator):
Address for Service:
Type of Organization: D Joint Venture D Individual D Parmership n Corporation
State of Incorporation:
Bond Number:
Date Executed:
Effective Date:
Total Penal Sum of Bond:
Corporation:
Total Penal Sum:
Surety Name:
Surety's Address for Service:
Surety's Phone Number:
MAJOR WASTE TIRE FACILITIES COVERED
(Enter closure amounts separately and whether primary or excess coverage. All amounts must total penal amount.)
If additional space needed, add attachment.
Name of Major Waste
Tire Facility
Address
Major Waste Tire Facility
Information Number
Closure Amount
Total
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound to
the California Integrated Waste Management Board (Board), in the above penal sum for the payment of which we bind
ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the
Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only
for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds
itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal simi. This bond is
executed by the Surety(ies) to corr^ly with the provisions of Title 14, California Code of Regulations, Division 7, Chapter
6, Article 9, and of Chapter 2 (Section 995.010 et seq.) Part 2 of the Code of Civil Procedure and said bond shall be
subject to all the terms and provisions thereof except to the extent that such terms and provisions are inconsistent with or
contradicted by statute.
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Title 14 California Integrated Waste Management Board § 18831
WHEREAS said Principal is required, pursuant to 14 CCR, 18420, to have a permit in order to operate each major
waste tire facility identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, as a condition of the permit,
pursuant to 14 CCR, 18470 and
WHEREAS said Principal shall establish a depository trust fund as may be required pursuant to 14 CCR, 18475
when a surety bond is used to provide such financial assurance;
NOW THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully perform closure,
whenever required to do so, of each major waste tire facility for which this bond guarantees closure, in accordance
with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all
applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended.;
OR, if the Principal shall provide alternate financial assurance as applicable, within 60 days after the date notice of
cancellation is received by the Principal and the Board or its designee from the Surety(ies), then this obligation shall
be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions
described above.
Upon notification by the Board or its designee that the Principal has failed to perform as guaranteed by this bond, the
Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements; or place
the closure amount guaranteed for the major waste tire facility into the depository trust fiind, established by the
Principal, or if the Principal fails to establish a depository trust fund, established by the Surety(ies), as directed by
the Board or its designee.
Upon notification by the Board or its designee that the Principal has failed to provide alternate financial assurance as
required, during the 60 days following receipt by the Principal and the Board or its designee of a notice of
cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the major waste tire
facility(ies) into the depository trust fund as directed by the Board or its designee.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules,
and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless
and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall
the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and the
Board or its designee, provided, however, that cancellation shall not take effect until 120 days after the date of
receipt of the notice of cancellation by the Principal and the Board or its designee, as evidenced by the return
receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such
notice shall become effective until the Surety(ies) receive(s) written authorization from the Board or its designee for
termination of the bond.
The following paragraph is an optional rider that may be included, but is not required.
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure
amount, provided the penal sum does not increase by more than 20 percent in any one year, and no decrease in the
penal sum takes place without written permission from the Board or its designee.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Performance Bond and have affixed
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§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
their seals on the date set forth above.
The parties below certify that this document conforms with the requirements of Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 9, section 18475.
Principal Signature:
Typed or Printed Name of Person Signing:
Title:
Date;
Corporate Seal:
Corporate Surety(ies) Name:
Address For Service:
I certify (or declare) under penalty of perjury, under the laws of the State of California that I have executed the
foregoing bond under an unrevoked power of attorney.
Executed in ■
on
Date
Corporate Seal:
Notarized Signature of Attorney-in-Fact
•
Typed or Printed Name of Attorney-in-Fact
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, section 18475 in order to verify adequate financial assurance of major waste
tire facilities. Completion of the form is mandatory. The consequence of not completing the form is denial or
revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S. Environmental
Protection Agency (EPA), State Attorney General, Air Resources Board, California Department of Toxic Substances
Control, Energy Resources Conservation and Development Commission, Water Resources Control Board and
California Regional Water Quality Control Boards. For more information or access to your records, contact the
CaHfomia Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, Cahfomia 95812-4025,
(916)341-6000.
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Page 806.218
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Title 14
California Integrated Waste Management Board
§ 18831
State of California
California Integrated Waste Management Board
FINANCIAL GUARANTEE BOND
Principal Name (Operator):
Address for service:
Type of Organization: D Joint Venture D Individual tU Partnership D Corporation
State of Incorporation:
Bond Number:
Date Executed:
Effective Date:
Total Penal Sum of Bond:
Corporation:
Total Penal
Sum;
Surety Name:
Surety's Address for Service:
Surety's Phone Number:
MAJOR WASTE TIRE FACILITIES COVERED
(Enter closure amounts separately and whether primary or excess coverage. All amounts must total penal amount.)
If additional space needed, add attachment.
Name of Major Waste
Tire Facility
Address
Major Waste Tire Facility
Information Number
Closure Amount
Total
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound
to the California Integrated Waste Management Board (Board), in the above penal sum for the payment of which we
bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that,
where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such svrni "jointly and
severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes
each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such surety, but if no limit of liability is indicated, the limit of liabihty shall be the full amount
of the penal sum. This bond is executed by the Surety(ies) to comply with the provisions of Title 14, California
Code of Regulations, Division 7, Chapter 6, Article 9, and of Chapter 2 (Section 995.010 et seq.) Part 2 of the Code
of Civil Procedure and said bond shall be subject to all the terms and provisions thereof except to the extent that
such terms and provisions are inconsistent with or contradicted by statute.
CIWMB 142(12/01)
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Page 806.219
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§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
WHEREAS said Principal is required, pursuant to 14 OCR, 18420, to have a permit in order to operate each major
waste tire facility identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, as a condition of the permit,
pursuant to 14 OCR, 18470 and
WHEREAS said Principal shall establish a depository trust fiind as may be required pursuant to 14 CCR 18475 when
a surety bond is used to provide such financial assurance;
NOW THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully perform closure,
whenever required to do so, of each major waste tire facility for which this bond guarantees closure, in accordance
with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all
applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended;
OR, if the Principal shall provide alternate financial assurance as applicable, within 60 days after the date notice of
cancellation is received by the Principal and the Board or its designee from the Surety(ies), then this obligation shall
be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fiilfill the conditions
described above.
Upon notification by the Board or its designee that the Principal has failed to perform as guaranteed by this bond, the
Surety(ies) shall place the fiinds in the amount guaranteed for the major waste tire facility into the depository trust
fiind, established by the Principal, or if the Principal fails to establish a depository trust fund, established by the
Surety(ies), as directed by the Board or its designee.
Upon notification by the Board or its designee that the Principal has failed to provide alternate financial assurance as
required, during the 60 days following receipt by the Principal and the Board or its designee of a notice of
cancellation of the bond, the Surety(ies) shall place fiinds in the amount guaranteed for the major waste tire
facility(ies) into the depository trust fund as directed by the Board or its designee.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules,
and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless
and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall
the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and the
Board or its designee, provided, however, that cancellation shall not take effect until the 120 days after the date of
receipt of the notice of cancellation by the Principal and the Board or its designee, as evidenced by the return
receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such
notice shall become effective until the Surety(ies) receive(s) written authorization firom the Board or its designee for
termination of the bond.
The following paragraph is an optional rider that may be included, but is not required.
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure
amount, provided the penal sum does not increase by more than 20 percent in any one year, and no decrease in the
penal sum takes place without written permission from the Board or its designee.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Performance Bond and have affixed
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Title 14
California Integrated Waste Management Board
§ 18831
their seals on the date set forth above.
The parties below certify that this document conforms with the requirements of Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 9, section 18475.
Principal Signature:
Typed or Printed Name of Person Signing:
Title:
Date:
Corporate Seal:
Corporate Surety(ies) Name:
Address For Service:
I certify (or declare) under penalty of perjury, under the laws of the State of California that I have executed the
foregoing bond under an unrevoked power of attorney.
Executed in
on
Date
Corporate Seal:
Notarized Signature of Attorney-in-Fact
Typed or Printed Name of Attorney-in-Fact
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, section 18475 in order to verify adequate financial assurance of major waste
tire facilities. Completion of the form is mandatory. The consequence of not completing the form is denial or
revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S. Environmental
Protection Agency (EPA), State Attorney General, Air Resources Board, California Department of Toxic Substances
Control, Energy Resources Conservation and Development Commission, Water Resources Control Board and
California Regional Water Quality Control Boards. For more information or access to your records, contact the
California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, California 95812-4025,
(916)341-6000.
CIWMB 142(12/01)
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Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
State of California Califoniia Integrated Waste Management Board
IRREVOCABLE LETTER OF CREDIT
FOR CLOSURE COSTS
The Letter of Credit as specified in Title 14, California Code of
Regulations shall preferably be on Bank Safety Paper and
shall be worded as follows:
[Mnnfh Day Year]
Letter of Credit No.
Executive Director
California Integrated Waste Management Board
1001 I Street
P.O. Box 4025
Sacramento, CA 95812-4025
Attention:
Dear Sir or Madam:
We hereby establish our Irrevocable Letter of Credit in your favor, at the request and for the account of
(Operator's name) (Address) in the aggregate amount
<;; (.Spell niit amount in T Inited f^tatps dn1lar«;) , available upon presentation by you of:
(1) Your sight draft(s) on us bearing reference to this Letter of Credit No. ;
(2) Your signed and dated statement reading as follows:
"We certify that the amount of our draft drawn under (Name nf issuing institution)
Letter of Credit No. is payable pursuant to regulations issued under authority of the California
Solid Waste Management and Resources Recovery Act; and
Partial drawings are permitted.
Each draft must be marked "Drawn under (Name of issuing institution)
Letter of Credit No. dated . "
Each draft must also be accompanied by the original of this Letter of Credit upon which we may endorse our
payment.
We hereby agree with you that each draft drawn and presented to us at our above office in (City) ,
(State) in compliance with the terms of the Letter of Credit shall be duly honored upon presentation to us,
and we shall deposit the amount of the draft directly in to the depository trust fund of (Opt^ratnr) in
accordance with your instructions. We also hereby agree to establish a depository trust fiind in accordance with your
instructions if the operator fails to establish a depository trust fiind when required to do so under Title 14, Califomia
Code of Regulations, Chapter 6, Article 9, section 18476.
CIWMB 143 (12/01) Page 1 of 2
Page 806.222 Register 2002, No. 25; 6-21 -2002
Title 14 California Integrated Waste Management Board § 18831
•
•
Special instructions.
This Letter of Credit is valid until [Month^ Day^ Year] and shall thereafter be automatically renewed for a one-year
period upon such date and upon each successive anniversary of such date, unless at least one hundred twenty (120)
days prior to such expiration or each successive anniversary of such date we notify you, the operator, in writing by
certified mail that we elect not to renew the Letter of Credit for such additional period. In the event of such
notification, any unused portion of the credit shall be available upon presentation to us of your clean sight draft on or
before the then current expiration date.
Indicate whether this coverage is primary or excess coverage.
This credit is subject to (The most recent edition of the Uniform Customs and Practices for Documentary Credits,
Published by the International Chamber of Commerce, or "The Uniform Commercial Code.")
[Signature(s) of Official(s) of Issuing Institution]
[Title(s) of Official(s) of Issuing Institution]
[Address of official(s) of Issuing Institution]
[Phone Number of official(s) of Issuing Institution]
[Date Official(s) of Issuing Institution Signs]
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 9 section 18476 in order to verify adequate financial assurance of
major waste tire facilities. Submittal of the information requested in this form is mandatory. The consequence of not
providing this information is denial or revocation of a permit to operate a major waste tire facility. Information may
be provided to the U.S. Environmental Protection Agency, State Attorney General, Air Resources Board, Califomia
Department of Toxic Substances Control, Energy Resources Conservation and Development Commission, Water
Resources Control Board, and Califomia Regional Water Quality Control Boards. For more information or access to
your records, contact the Califomia Integrated Waste Management Board, 1001 I Street, P.O. Box 4025,
Sacramento, Califomia 95812-4025 (916) 341-6000.
CIWMB 143(12/01) Page2of2
Page 806.223 Register 2002, No. 25; 6 - 21 - 2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
ENTERPRISE FUND FOR FINANCIAL ASSURANCE
Title 14, California Code of Regulations, Division 7, Chapter 6, Article 9, specifies standards for five financial
mechanisms. Section 18478 sets the standards for the use of an enterprise fund by public major waste tire facility
operators. This mechanism was included by the Board in recognition of the fact that public agencies often make
arrangements within their governmental structures that offer satisfactory financial assurance. For an enterprise fund to
provide proper financial protection however, several conditions must be met.
To provide security over time and to ensure that the funds are available in a timely manner, Section 18478 requires that
the money from the enterprise fund that is dedicated to closure activities be deposited into a mechanism that offers
protection "equivalent to" a trust fund. The specifications for this subsidiary mechanism are contained in sections
18478(d)(l - 6). If the mechanism is not a trust fund with a financial institution as specified in Section 18474, the funds
should be held by a regulated public financial agency that is not directly connected with, nor is responsible for the
operation of the subject major waste tire facility or operations of the county or city.
DOCUMENTATION
To demonstrate to the Board that an enterprise fund satisfies the regulations, several pieces of documentation must be
prepared and submitted by an operator:
1 . To indicate that the governing body accepts the obligations and requirements of the regulations, a copy of the
formally adopted resolution directing that the enterprise fund be established must be provided. If an enterprise
fund already exists, a resolution directing that it be modified to satisfy the regulations must be provided. The
resolution must state that the governing board or council accepts the requirements of the regulations, i.e.
Sections 18478 and 18474, and directs that the closure account be established.
2. To demonstrate that the appropriate depository mechanism within the enterprise fiind has actually been
established, a letter from the tmstee must be submitted. This is a letter to the Board, typically from a
county/city treasurer or auditor/controller, stating that the depository mechanism has been created and
reiterating his/her intention to comply with the conditions set forth in Sections 18478(d)(l-6). These are the
provisions that make this instmment a viable assurance mechanism.
3. The enterprise fiind shall be established and worded as specified by using form CIWMB 144 (03/92). This
form contains the proper language required for using this financial assurance mechanism. The wording,
however, may be modified on a case-by-case basis to accommodate special circumstances, as approved by the
Board or its designee. Additionally, the information requested in brackets [ ] will vary.
To ensure that financial assurance requirements do not unnecessarily delay Board action on permits, it is advisable to
submit appropriate documentation at least two months in advance of the date that Board action is to be taken. This will
allow sufficient time for errors and omissions to be corrected or details of peculiar cases to be discussed at the staff
level. The advance submittal of draft documentation to the Board's staff for comment is also encouraged.
PiaVACY STATEMENT
This information is requested by the Califomia Integrated Waste Management Board under Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 9 section 18478 in order to verify adequate financial assurance of major
waste tire facilities. Submittal of the information requested in this form is mandatory. The consequence of not
providing this information is denial or revocation of a permit to operate a major waste tire facility. Information may be
provided to the U.S. Environmental Protection Agency, State Attorney General, Air Resources Board, Califomia
Department of Toxic Substances Control, Energy Resources Conservation and Development Commission, Water
Resources Control Board, and Califomia Regional Water Quality Control Boards. For more information or access to
your records, contact the Califomia Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento,
Cahfomia 95812-4025, (916) 341-6000.
CIWMB 144 (12/01) Page I of 6
Page 806.224 Register 2002, No. 25; 6-21 -2002
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Title 14 California Integrated Waste Management Board § 18831
RESOLUTION
FINANCIAL ASSURANCE FOR
CLOSURE OF THE
[NAMF OF TTRR FArif ITY]
WHEREAS, Public Resources Code Section 42820 and Sections of Title 14 of the California Code of
Regulations (Regulations), Chapter 6, Article 9, require operators of major waste tire facilities demonstrate the
availability of financial resources to conduct closure activities; and
WHEREAS, Sections 18478 of the Regulations specify an enterprise fiind and related financial assurance
mechanism as an acceptable mechanism to demonstrate financial responsibility for financing closure activities of a major
waste tire facility;
NOW, THEREFORE, BE IT RESOLVED by the [Rnard of Snpervi^r.r.;/riry rmmril] of [N^mp nf
Pniinty/rity] that:
1 . The [Tifle nf AuthoriyeH Person] of [Name of County/City] is authorized and directed to establish and
maintain an enterprise fund for the [Facility Name] ("the Tire Facility") and to deposit in the
enterprise fund all revenue derived from the operations of the Tire Facility.
2. The [Title of Authorized Person] is further directed to withdraw funds from the enterprise fund, for
deposit into the financial assurance mechanism hereafter provided, sufficient to meet the requirements
of Sections 18478 of the Regulations on a timely basis. Payments into the financial assurance
mechanism shall be made in accordance with the requirements of section 18474 (c) of the Regulations.
3. The funds referred to in Section 2 above shall be deposited and retained by the Treasurer of [Name of
rnnnty/City] in a separate fiind to be known as the [Name of Facility] Closure Fund established by the
[Title of Anthorjypd Person] of [Name nf rnnnty/rity] and shall be used to pay only for closure
activities of the Tire Facility.
4. The Closure Fund shall be and remain inviolate against all other claims, including claims of this
[County/City] or its [Board nf Snpervisnrs/City Cnnncil] or the creditors thereof, it being the intent of
this Resolution that the mechanism established hereby will provide equivalent protection to a trust
fund in ensuring that the assured amounts of fiinds will be available in a timely manner for closure
activities of the Tire Facility.
5. Disbursement of funds for closure activities shall be in accordance with Sections 18474(e) of these
regulations.
6. The Closure Fund shall be invested by the [Title of Authnri^pH Persnn] in the manner provided by
law.
7. In the event the California Integrated Waste Management Board determines that this [Cmmty/City] has
failed to perform closure activities as required by law, the Board may direct the [Title nf Anthnriyed
Pprsnn] to pay to the [Title nf Anthnriypd Person] from the Closure Fund such amounts as are
necessary to insure sufficient closure activities, who then shall be obligated to use such funds for
closure activities in accordance with the directive of the California Integrated Waste Management
Board.
8. The [Titip nf Aiithnri7ed Person] is directed to produce an annual report for transmittal to the
California Integrated Waste Management Board, containing the following information concerning the
[Name of Facility]:
CIWMB 144 (12/01) Page 2 of 6
Page 806.225 Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(a) As appropriate, a revised closure cost estimate, prepared as specified by Section 18472 of the
Regulations.
(b) Status, including current balance of the [Name of Facihty] Closure Fund.
(c) The number of current members of the [RnarH of .Siipervisnrs/rity Cniincil] of this
[Cniinty/rify] who voted affirmatively v^hen this resolution was adopted or last reaffirmed.
[Optional] The [Rn^rH of Snpervisnrs/Cify roiinril] of [Name of Connty/Ciry] shall reconsider this
resolution whenever the number of then current members of this Board who voted affirmatively when
this Resolution was adopted or last reaffirmed is less than a majority of the total members.
•
CIWMB 144(12/01) Page 3 of 6
Page 806.226 Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
>K >i< * >ti If
([Name of County/City])
I, [Name nf AnthnriyeH Per^nn]^ [Titip nf AiitbnriyeH Pertinn] of the [RoarH nf Slnpervisnr<;/rity roiinril] of the
[County/Cify] of [Name nf rniinty/Cify]^ do hereby certify that the foregoing is a full, true, and correct copy of a
resolution adopted by the [Rnard of Siipervisnrs/City Cnunril] at a regular meeting held on [Month Day^ Year], and
duly entered in the minutes of said [rnnnty/fify]
[Name of Authorised Person]
[Title of Aiithoriyed Person]
[Phone Number nf Authorised Per<!nn]
SEAL
CIWMB 144(12/01)
Page 4 of 6
Page 806.227
Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA COPE OF REGULATIONS Title 14
[Name of Cnimty/City]
[Name of Office AiithnriyeH to HnlH FnnH';]
[Mnnth^ Day Year]
California Integrated Waste Management Board
1001 I Street
P.O. Box 4025
Sacramento, California 95812-4025
To Whom It May Concern:
Vprification of FAfahlishment of Fiinris
Please be advised that the following separate flinds have been established pursuant to Resolution(s) No.{ }
adopted on [MnntVi Day Year] by the [Board of Siipervi<;ors/CTty Cnimril] of [Name of Coimty/Cify]r
1 . [Name of Fadlity] Closure Fund
It is understood that these fiinds shall be used by the [Title of Authorized Person] of [Name of County/City] only for
closure activities at the identified major waste tire facility, and are intended to meet apphcable requirements of State
law. These monies are being held in these fimds to preserve their integrity and inviolacy. I will perform my duties
and responsibilities in accordance with the terms and conditions of Title 14, Division 7, Chapter 6, Article 9.
This letter shall serve as verification that the [Title of Anthoriyed Person] of [Name of County/City] has established
these funds in accordance with the resolutions referenced above. The [Title of Authorized Person] is an officer of
the [ronnty/City] of [Name nf County /City].
Sincerely,
[Name nf Authorized Person]
[Title of Aiirhorized Person]
[Name of County /City]
[Department Responsible for Waste Tire Farilities]
CIWMB 144 (12/01) Page 5 of 6
Page 806.228 Register 2002, no. 25; 6-21-2002
Title 14 California Integrated Waste Management Board § 18831
[Month Dny, Year]
California Integrated Waste Management Board
100] I Street
P.O. Box 4025
Sacramento, California 95812-4025
To Whom It May Concern:
rertifipation for the Estahlishmpnt of a
Financial Mechanism for the rinsiire of the [Name of FaHlity]
The [Dpipfirtmqnt Responsible for Wa.ste Tire Facilities] is herein submitting the subject certification for the [Name
ofFarility], Major Waste Tire Facility Permit No. [NN-YX-NNNN] The [Department Responsible for Waste Tire
FaHlities] is the operator of the [Name of Facility] and retains responsibility for closure activities. ON [Month Day^
Year] [Department Responsible For Waste Tire Facilities] submitted to the Board initial COSt estimates for closure
activities and accompanying certification for this major waste tire facility. Submittal of the enclosed certification of
a financial mechanism for closure of the [Name of Facility] completes all required documentation for this major
waste tire facility related to financial assurances for closure activities.
On [Date], the Board of Supervisors of [Name of County/City], the governing administrative authority for the
[Department Responsible for Waste Tire Facilities], established the [Name of Facility] Closure Fund, an enterprise
fiind to be used exclusively for closure activities of the subject major waste tire facility. Annual deposits as required
by Title 14, Division 7, Chapter 6, Article 9, will be made to the Closure Fund so that an amount equal to the current
closure cost estimate for the [Name of Facility] is available at the time of closure. Official documentation of the
establishment of this Closure Fund is forthcoming.
If you have any questions concerning the attached certification or related matters, please contact me.
Sincerely,
[Name of AuthoriyeH Person]
[Department Responsible for Waste Tire Facilities]
CIWMB 144(12/01) Page6of6
Page 806.229 Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
California Integrated Waste Management Board
TRUST AGREEMENT
Trust Account
Number:
This Agreement is entered into as of
by and between:
GRANTOR
TRUSTEE
Operator Name:
Trustee Name:
Address:
Address:
Phone Number:
D Corporation
D
Association
n Partnership
D
Proprietorship
In the State of
n Incorporated in the State of-
n A National Bank
TERMS OF AGREEMENT
WHEREAS, the California Integrated Waste Management Board has established regulations applicable to
the Grantor in Title 14, California Code of Regulations (CCR), Division 7, Chapter 6, Article 10, requiring that an
operator of a major waste tire facility shall demonstrate financial responsibility for bodily injury and/or property
damage to third parties caused by accidental occurrences arising from the operation of the facility, and
WHEREAS, the Grantor has elected to establish a trust to assure all or part of such financial responsibility
for the major waste tire facility or group of major waste tire facilities identified herein, and
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as trustee,
NOW THEREFORE, the Grantor and Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the operator who enters into this Agreement and any successors or assigns of
the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means third party claimants who satisfy the requirements either of Section 4(a)
or 4(b) of this Agreement.
(d) The term "California Integrated Waste Management Board" or "the Board" means the California
Integrated Waste Management Board or its designee.
Section 2. Identification of Facilities and Coverage Amounts. This Agreement pertains to the major waste
tire facilities, coverage amounts, and determination of primary or excess coverage identified on attached Schedule A
[for each facility included in Schedule A, list the major waste tire facility information system number, name, address,
amount of per occurrence coverage and annual aggregate coverage or portions thereof if more than one instrument
affords combined coverage as demonstrated by this Agreement, and whether the coverage is primary coverage or
excess coverage].
CIWMB 145(12/01)
Page lofS
Page 806.230
Register 2002, No. 25; 6-21-2002
•
Title 14 California Integrated Waste Management Board § 18831
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter
the "Fund", for the benefit of any and all third parties injured or damaged by accidental occurrences arising from
operation of the facility(ies) covered by this trust agreement, in the amounts of per occurrence and
annual aggregate per facility for accidental occurrences, except that the Fund is not established for the
benefit of third parties for the following:
(a) "Bodily injury" or "property damage" expected or intended from the standpoint or the Grantor. This
exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property.
(b) "Bodily injury" or "property damage" for which the Grantor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the
Grantor would have in the absence of the contract or agreement.
(c) Any obligation of the Grantor under a workers compensation, disability benefits or unemployment
compensation law or any similar law.
(d) "Bodily injury" to:
(1) An employee of the Grantor arising out of and in the course of employment by the Grantor; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above.
This exclusion applies:
(1) Whether the Grantor may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages
because of the injury.
(e) "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to the Grantor. Use includes
operation and loading and unloading. This exclusion does not apply to:
(1) Parking an "auto" on, or on the ways next to, premises the Grantor owns or rents, provided the
"auto" is not owned by or rented or loaned to the Grantor.
(2) "Bodily injury" or "property damage" arising out of the operation of any of the equipment
listed in paragraph (F)2. or (F)3. of the definition of "mobile equipment" (14 CCR, Section 18486).
(f) "Property damage" to:
(1) Property the Grantor owns, rents, or occupies;
(2) Premises the Grantor sells, gives away or abandons, if the "property damage" arises out or any
part of those premises;
(3) Property loaned to the Grantor;
(4) Personal property in the Grantor's care, custody or control;
(5) That particular part of real property on which the Grantor or any contractors or subcontractors
working directly or indirectly on the Grantor's behalf are performing operations, if the "property damage" arises out
of those operations; or
CIWMB 145(12/01) Page2of8
Page 806.231 Register 2002, No. 25; 6-21 -2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(6) That particular part of any property that must be restored, repaired or replaced because the
Grantor's work was incorrectly performed on it.
The Fund is established initially as consisting of the property (cash or securities), which is acceptable to the
Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to
the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or
distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as
hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or
adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the
Grantor established by the Board.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability
claim by making payments from the Fund only on receipt of one of the following documents:
(a) Certification from the Grantor and the Beneficiary that the liability claim should be paid. The
certification must be worded as follows:
CERTIFICATION OF VALID CLAIM
The undersigned, as parties [Grantor] and [Name and Address of Reneficiary(ies)^ hereby certify that the claim of
bodily injury and/or property damage caused by an accidental occurrence arising from the operation of [Grantorls]
major waste tire facility should be paid in the amount of $
Grantor's Signature Notary
/
/
Date
/
/
Claimant(s) Signature Notary Date
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property
damage caused by accidental occurrences arising from the operation of the Grantor's facility or group of facilities.
Section 5. Pajmients Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash
or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee may invest and reinvest the principal and income of the Fund
and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with
general investment policies and guidelines that the Grantor may communicate in writing to the Trustee from time to
time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and
managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of
the potential beneficiaries and with the care, skill, pmdence and diligence under the circumstances then prevailing
that persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an
enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other operator or owner of the facilities, or any of
their affiliates as defined in the Investment Company Act of 1940, as amended, Title 15 U.S.C. 80a-2(a), shall not be
acquired or held, imless they are securities or other obligations of the federal or state government.
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
insured by an agency of the federal or state government; and
CIWMB 145(12/01) Page3of8
Page 806.232 Register 2002, No. 25; 6-21-2002
Title 14 California Integrated Waste Management Board § 18831
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or
collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions
thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940
as amended. Title 15 U.S.C. 80a- 1 et seq., including one that may be created, managed, undenvritten, or to which
investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its
discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretion conferred
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and
empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private
sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire
into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any
and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any
security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the
same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in
the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States Government, or any agency or instmmentality
thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all such
securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued
by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the
extent insured by an agency of the federal or state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect
of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses
incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered
to the Tmstee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper
charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of
establishment of the Fund, furnish to the Grantor and the Board a statement confirming the value of the Trust. Any
securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of
establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the Board shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters
disclosed in the statement.
CIWMB 145(12/01) Page 4 of 8
Page 806.233 Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
Section 1 1 . Advice of Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to
be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting on the advice of
counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this
successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred
upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign,
transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason,
the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall
specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Board, and the
present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the
Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instruction to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee
shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the
Grantor may designate by amendment to Exhibit A. The Trustee shall be fiilly protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions. The Trustee shall have the right to assume, in the
absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any
person to act on behalf of the Grantor or the Board hereunder has occurred. The Trustee shall have no duty to act in
the absence of such orders, requests, and instructions from the Grantor and/or the Board, except as provided for
herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or property damage is made under
Section 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5)
working days. The Grantor shall, within one year of such payment, either make payments to the Trustee in amounts
sufficient to cause the trust to return to its value immediately prior to the payment of claims under Section 4, or shall
provide written proof to the Trustee that other financial assurance for operating liability coverage has been obtained
equaling the amount necessary to return the trust to its value prior to the payment of claims. If the Grantor does not
either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall, wdthin 1 0 working
days after the anniversary date of the payment, provide a written notice of nonpayment to the Board.
Section 16. Amendment of Agreement. This agreement may be amended by an instrument in writing
executed by the Grantor, Trustee, and the Board, or by the Trustee and the Board if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 1 6, this Trust shall be irrevocable and shall continue until terminated at the v^itten agreement of
the Grantor, the Trustee, and the Board, or by the Trustee and the Board, if the Grantor ceases to exist. Upon
termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to
the Grantor. The Board will agree to termination of the trust when the operator substitutes alternate financial
assurance as specified in 14 CCR, 18488 or is released as specified in 14 OCR, 18499.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any
directions by the Grantor or the Board issued in accordance with this Agreement. The Trustee shall be indemnified
and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which
the Trustee may be subjected by reason of any act in conduct in its official capacity, including all expenses
reasonably incurred in its defense in the event the Grantor fails to provide such defense.
CIWMB 145 (12/01) Page 5 of 8
Page 806.234 Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to
the laws of the State of California.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in
the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the
interpretation or the legal efficacy of this Agreement.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly
authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties
below certify and sign under penalty of perjury under the laws of the State of California that the information in this
document is true and correct to the best of his or her knowledge, and is being executed in accordance with the
requirements of Title 14, California Code of Regulations, Division 7, Chapter 6, Article 10, Section 18489.
•
Signature of Grantor:
Title:
Typed or Printed Name of Person Signing:
Seal;
Attest: Title
Signature of Trustee:
Title:
Typed or Printed Name of Person Signing:
Seal:
Attest: Title
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18489 in order to verify adequate financial assurance of
major waste tire facilities. Completion of the form is mandatory. The consequence of not completing the form is
denial or revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S.
Environmental Protection Agency, State Attorney General, Air Resources Board, California Department of Toxic
Substances Control, Energy Resources Conservation and Development Commission, Water Resources Control
Board, and California Regional Water Quality Control Boards. For more information or access to your records,
contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, California
95812-4025 (916) 341-6000.
CIWMB 145(12/01)
Page 6 of 8
Page 806.235
Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(SAMPLE I)
EXHIBIT A
TRUST AGREEMENT BY AND BETWEEN
AND THE
As provided in Section 14 of the Trust Agreement, the persons, other than the officials of the Board
identified in Section 14 of the Trust Agreement, who, until this Exhibit A is amended, shall have the authority to
make orders, requests, and instructions to the Trustee are:
The following:
Officials of the Grantor who have authority to give instructions:
Name:
Title:
(SAMPLE II)
EXHIBIT A
Any orders, requests or instructions by the Grantor to the Trustee, pursuant to the foregoing Agreement,
may be signed by any one or more of the following persons:
Name:
Title:
CIWMB 145 (12/01) Page 7 of 8
Page 806.236 Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
TRUST AGREEMENT
SCHEDULE A
This Agreement demonstrates financial assurance for the following liability coverage amounts for the following
facility(ies):
Major Waste Tire Facihty
Information Number
Name of Facility
Address of Facility
Coverage Amounts for
Which Financial
Assurance is Being
Demonstrated by This
Agreement
Per Occurrence:
Annual Aggregate:
SCHEDULE B
The fund is established initially as consisting of the following:
$ , as evidenced by
(Spell out dollar amount)
Check Number , dated / / .
(Name of institution drawn on)
I hereby certify that funds have been received and deposite
d.
Authorized Signature:
Title:
Typed or Printed Name of Person Signing:
Address:
Phone Number of Person Signing:
CIWMB 145(12/01)
Page 806.237
Page 8 of 8
Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California California Integrated Waste Management Board
CERTIFICATE OF LIABILITY INSURANCE
(If additional space needed, add attachment.)
Name of Insurer:
Address:
Phone Number:
CA Insurer License Number:
Or
NAIC Number:
Name of Insured:
Address:
Phone Number:
Major Waste Tire Facilities Covered:(Enter Information for Each Facility)
LIMITS OF LIABILITY
Name:
Address:
Major Waste Tire
Facility Information
Number
Per Occurrence:*
Annual Aggregate:*
Total:
Total:
Policy Number:
Effective Date:
*Excluding legal defense costs and deductibles
INSURER CERTIFICATION:
1 . The insurer hereby certifies that it has issued liability insurance covering personal injury and/or property
damage to the insured listed above in connection with the insured's obligation to demonstrate financial responsibility
under Title 14, California Code of Regulations, Division 7, Chapter 6, Article 10. The coverage applies to the
above-listed facility(ies) for accidental occurrences arising from the operation of the facility(ies).
2. Indicate whether this coverage is D primary or D excess coverage.
3. The limits of liability are the amounts stated above for "per occurrence" and "annual aggregate",
exclusive of legal defense costs. If an excess coverage insurance policy is being provided, complete the following
sentence:
[$.
_per occurrence and $
_per occurrence and $_
_annual aggregate in excess of the underlying limits of
annual aggregate.]
4. The insurance coverage is subject to all of the terms and conditions of the policy; provided, however,
that any provisions of the policy inconsistent with sections (a) through (e) of this paragraph shall be amended to
conform with sections (a) through (e):
CIWMB 146(12/01)
Page 1 of 2
Page 806.238
Register 2002, No. 25; 6-21-2002
Title 14 California Integrated Waste Management Board § 18831
(a) Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy to
which this certification applies.
(b) The insurer is liable for the payment of amounts within any deductible applicable to the policy, with a
right of reimbursement from the insured for any such payment made by the insurer.
(c) Upon request by the Board or its designee, the insurer agrees to flimish to the Board or its designee the
original policy and all endorsements.
(d) Cancellation or any other termination of this certificate, whether by the insurer or the insured, will be
effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is sent
by certified mail, and received by the Board or its designee, as evidenced by the retum receipts. (See exception,
section (e))
(e) Cancellation due to non-payment of premiums is effective only upon written notice and only after the
expiration of 10 days after the date on which the operator and the Board or its designee have received the notice of
termination, as evidenced by retum receipts.
The party below certifies and signs under penalty of perjury under the laws of the State of Califomia that
the information in this document is true and correct to the best of his or her knowledge, that this document is being
executed in accordance with the requirements of Title 14, Califomia Code of Regulations, Division 7, Chapter 6,
Article 10, Section 18491, and that the insurer is licensed by the Califomia Department of Insurance to transact the
business of insurance in the State of Califomia as an D admitted carrier or D eligible excess or surplus lines insurer.
Signature of Individual Authorized to Sign on Behalf
of Insurer:
Title of Authorized Person:
Typed or Printed Name of Person Signing:
Date:
Address of Person Signing:
Phone Number of Person Signing:
PRIVACY STATEMENT
This information is requested by the Califomia Integrated Waste Management Board under Title 14, Califomia Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18491, in order to verify adequate financial assurance of
major waste tire facilities. Completion of this form is mandatory. The consequence of not completing the form is
denial or revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S.
Environmental Protection Agency, State Attorney General, Air Resources Board, California Department of Toxic
Substances Control, Energy ResoiKces Conservation and Development Commission, Water Resources Control
Board, and Califomia Regional Water Quality Control Boards, For more information or access to your records,
contact the Califomia Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, Califomia
95812-4025,(916)341-6000.
CIWMB 146 (12/01) Page 2 of 2
Page 806.239 Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
California Integrated Waste Management Board
LIABILITY INSURANCE ENDORSEMENT
(If additional space needed, add attachment.)
Name of Insurer:
Address:
Phone Number:
CA Insurer License Number:
Or
NAIC Number:
Name of Insured:
Address:
Major Waste Tire Facilities Covered: (Enter Information for Each Facility)
LIMITS OF LIABILITY
Name:
Address:
Major Waste Tire
Facility Information
Number:
Per Occurrence:*
Annual Aggregate:*
Total:
Total:
Policy Nimiber:
Effective Date:
*Excluding legal defense costs and deductibles
INSURER CERTIFICATION:
1 . By endorsement, the insurer certifies that this policy provides liability insurance covering personal injury
and property damage in connection with the insured's obligation to demonstrate financial responsibility under Title
14, California Code of Regulations, Division 7, Chapter 6, Article 10. The coverage applies to the above-listed
facility(ies) for accidental occurrences arising from the operation of the facility(ies).
2. Indicate whether the coverage is D primary or D excess coverage.
3. The limits of liability are the amounts stated above for "per occurrence" and "aimual aggregate",
exclusive of legal defense costs. If the endorsement is for an excess coverage insurance policy, complete the
following sentence:
[$_
_per occurrence and $
_per occurrence and $_
_annual aggregate in excess of the underlying limits of
annual aggregate.]
4. The insurance coverage is subject to all of the terms and conditions of the policy; provided, however,
that any provisions of the policy inconsistent with sections (a) through (e) of this paragraph shall be amended to
conform with sections (a) through (e):
CIWMB 147(12/01)
Page 1 of 2
Page 806.240
Register 2002, No. 25; 6-21-2002
Title 14 California Integrated Waste Management Board §18831
(a) Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy
to which this endorsement is attached.
(b) The insurer is liable for the payment of amounts within any deductible applicable to the policy, with a
right of reimbursement from the insured for any such payment made by the insurer.
(c) Upon request by the Board or its designee, the insurer agrees to furnish to the Board or its designee the
original policy and all endorsements.
(d) Cancellation or any other termination of this endorsement, whether by the insurer or the insured, will be
effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is sent
by certified mail, and received by the Board or its designee, as evidenced by the return receipts. (See exception,
section (e))
(e) Cancellation due to non-payment of premiums is effective only upon written notice and only after the
expiration of 10 days after the date on which the operator and the Board or its designee have received the notice of
termination, as evidenced by return receipts.
The party below certifies and signs under penalty of perjury under the laws of the State of California that
the information in this document is true and correct to the best of his or her knowledge, that this document is being
executed in accordance with the requirements of Title 14, California Code of Regulations, Division 7, Chapter 6,
Article 10, Section 18491, and that the insurer is licensed by the California Department of Insurance to transact the
business of insurance in the State of California as an CH admitted carrier or D excess or surplus lines insurer.
Signature of Individual Authorized to Sign on Behalf
of Insurer:
Title of Authorized Person:
Typed or Printed Name of Person Signing:
Date:
Address of Person Signing:
Phone Number of Person Signing:
PRIVACY STATEMENT
This information is requested by the Cahfomia Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18491, in order to verify adequate financial assurance of
major waste tire facilities. Completion of this form is mandatory. The consequence of not completing the form is
denial or revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S.
Environmental Protection Agency, State Attorney General, Air Resources Board, California Department of Toxic
Substances Control, Energy Resources Conservation and Development Commission, Water Resources Control
Board, and California Regional Water Quality Control Boards. For more information or access to your records,
contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, California
95812-4025, (916) 341-6000.
CIWMB 1 47 ( 1 2/01 ) Page 2 of 2
Page 806.241 Register 2002, No. 25; 6-21-2002
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California California Integrated Waste Management Board
CERTIFICATE OF SELF-INSURANCE AND RISK MANAGEMENT
(If additional space needed, add attachment.)
Operator:
Address:
Risk Manager:
Address (if different from above):
Major Waste Tire Facilities Covered: (Enter Information for Each Facility)
LIMITS OF LIABILITY
Name:
Address:
Major Waste Tire
Facility Information
Number
Per Occurrence:*
Annual Aggregate:*
Total:
Total:
Policy Number:
Effective Date:
*Excluding legal defense costs and deductibles
INSURER CERTIFICATION:
1 . The operator and risk manager named above hereby certify that the facility(ies) listed above are self-
insured for third party bodily injury and property damage in connection with the operator's obligation to demonstrate
financial responsibility under Title 14, California Code of Regulations, Division 7, Chapter 6, Article 10. The
coverage applies to the above-listed facility(ies) for accidental occurrences arising from the operation of the
facility(ies).
2. Indicate whether this coverage is D primary or CD excess coverage.
3. The limits of liability are the amounts stated above for "per occurrence" and "annual aggregate",
exclusive of legal defense costs. If an excess coverage insurance policy is being provided, complete the following
sentence:
[$.
_per occurrence and $
_per occurrence and $_
annual aggregate in excess of the underlying limits of
annual aggregate.]
4. Upon request by the Board or its designee, the operator agrees to fiimish to the Board or its designee any
documents pertinent to this coverage.
CIWMB 148 (12/01)
Page 1 of 2
Page 806.242
Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
5. Termination of this coverage, will be effective only upon written notice, sent by certified mail, and only
after the expiration of 60 days after a copy of such written notice is received by the Board or its designee, as
evidenced by the return receipt.
The parties below certify and sign under penalty of perjury under the laws of the State of California that the
information in this document is true and correct to the best of his or her knowledge, and that this document is being
executed in accordance with the requirements of Title 14, California Code of Regulations, Division 7, Chapter 6,
Article 10, Section 18492.
Signature of Individual Authorized to Sign on Behalf
of the Operator:
Title:
Typed or Printed Name of Person Signing:
Phone Number of Person Signing:
Date:
Risk Manager's Signature:
Title:
Typed or Printed Name of Person Signing:
Phone Number of Person Signing:
Date:
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18492, in order to verify adequate financial assurance of
major waste tire facilities. Completion of this form is mandatory. The consequence of not completing the form is
denial or revocation of a permit to operate a major waste tire facility. Information may be provided to the U.S.
Environmental Protection Agency, State Attorney General, Air Resources Board, California Department of Toxic
Substances Control, Energy Resources Conservation and Development Commission, Water Resources Control
Board, and California Regional Water Quality Control Boards. For more information or access to your records,
contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025, Sacramento, California
95812-4025, (916) 341-6000.
CIWMB 148(12/01)
Page 2 of 2
Page 806.243
Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
State of California California Integrated Waste Management Board
INSTRUCTIONS FOR THE
Letter From the Chief Financial Officer
Financial Means Test for Liability
(a) A letter from the chief fmancial officer, as specified in Title 14, California Code of Regulations,
Division 7, Chapter 6, Article 10, Section 18493 shall be on corporate letterhead stationery. It shall contain the
original signature of the chief financial officer and shall be worded as indicated on the attached formCIWMB 149
(12/01)
(b) The letter from the chief financial officer shall be accompanied by the following items, as specified in
Section 18493:
(1) A copy of an independent certified public accountant's report on examination of the operator's
financial statements for the latest completed fiscal year with a copy of the firm's financial
statements for the latest completed fiscal year;
(2) A special report fi-om the independent certified public accountant to the operator stating that:
(A) The independent certified public accountant has compared the data in the letter from the
chief financial officer with the amounts in the year-end financial statements for the latest
completed fiscal year; and
(B) In connection with that procedure, no matters came to the independent certified public
accountant's attention that caused him or her to believe that the specified data should be
adjusted;
(3) A completed financial test using either Alternative I or II;
(4) A copy of the form 10-K most recently filed with the Securities and Exchange Commission, if the
operator is required to make such a filing; and
(5) If applicable, the corporate guarantee with wording as specified in Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 10, Section 18494.
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, California Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18493, in order to verify adequate financial assurance for
major waste tire facilities. Submittal of the information requested is mandatory. The consequence of not providing
this information is denial or revocation of a permit to operate a major waste tire facility. Information may be
provided to the U.S. Environmental Protection Agency, State Attorney General, Air Resources Board, California
Department of Toxic Substances Control, Energy Resources Conservation and Development Commission, Water
Resources Control Board, and California Regional Water Quality Control Boards. For more information or access to
your records, contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025,
Sacramento, California 95812-4025, (916) 341-6000.
CIWMB 149 (12/01) Page 1 of 4
Page 806.244 Register 2002, No. 25; 6-21-2002
Title 14 California Integrated Waste Management Board § 18831
Executive Director
California Integrated Waste Management Board
1001 I Street
P.O. Box 4025,
Sacramento, California 95812-4025
I am the chief financial officer nf (Dppratnr^ nr Guarantor'*; Name and AHdrps<;) This letter is in support of
the financial means test and/or corporate guarantee to demonstrate financial assurance for liability coverage, as
specified in Title 14, California Code of Regulations (CCR), Division 7, Chapter 6, Article 10, Section 18493.
[Complete the following paragraphs regarding major waste tire facilities, including those California and
out-of-state facilities for which a similar test is being used to demonstrate financial assurances, including but not
limited to, closure and/or postclosure maintenance costs of hazardous waste treatment or storage facilities or solid
waste landfills, or liability coverage requirements for these same or similar facilities, and associated coverage
amounts. If no facilities belong in a particular paragraph, write "None" in the space indicated. For each facility,
include its facility information number, name, address, and the amounts of coverage provided. Identify each
coverage amount separately as to whether it is for "closure" or "postclosure maintenance" costs or "per occurrence"
or "armual aggregate" liability coverage for accidental occurrences, and whether it is primary or excess coverage.]
1 . This firm is the operator or owner of the following facilities for which the firm is demonstrating financial
assurance for liability coverage through the financial means test as specified in 14 CCR, 18493 (list annual aggregate
being provided for each facility):
2. This firm guarantees, through the corporate guarantee for liability coverage as specified in 14 CCR,
18494, the liability coverage of the following facilities (list annual aggregate being provided for each facility):
3. This firm is the operator or owner of the following facilities for which the firm is demonstrating financial
assurance for liability coverage through any similar financial means test, including but not limited to, California,
federal, or out-of-state hazardous waste treatment storage or disposal facilities, or solid waste landfills, or any other
similar financial means tests:
4. This firm is the operator or owner of the following facilities for which the firm is demonstrating financial
assurance for closure and/or postclosure maintenance through any similar financial means test, including but not
limited to, California, federal, or out-of-state hazardous waste treatment storage or disposal facilities, or solid waste
landfills, or any other similar financial means tests for any similar financial responsibility requirements of any
operations of this firm:
5. This firm guarantees, through any similar financial means tests as specified in the laws of California, the
federal government or any other state, the liability coverage requirements of any hazardous waste treatment, storage
or disposal facilities, or any solid waste landfills, or any other similar guarantees for any similar financial
responsibility requirements of any operations of this firm (list annual aggregate being provided for each facility):
6. This firm guarantees, through the corporate guarantee for postclosure maintenance specified in 14 CCR,
Section 18291 for solid waste landfills, or through any similar financial means tests as specified in the laws of
California, the federal government or any other state, the closure and/or postclosure maintenance costs of any
hazardous waste treatment, storage br disposal facilities, or any solid waste landfills, or any other similar guarantees
for any similar financial assurance requirements of any operations of this firm:
7. This firm is/is not required to file a form 10-K with the Securities and Exchange Commission (SEC) for
the latest fiscal year.
8. The fiscal year of this firm ends on (Mnnth/Day)
9. The figures for the following items marked with an asterisk are derived from this firm's independently
audited, year-end financial statements for the latest completed fiscal year, ended .
10. This coverage is primary/excess coverage.
CIWMB 149 (12/01) Page 2 of 4
Page 806.245 Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
ALTERNATIVE I
(Omit if using Alternative II)
1 . Amount of annual aggregate liability coverage to be demonstrated
2. Sum of other liability coverage and/or closure cost estimates and/or postclosure
maintenance cost estimates (from paragraphs 3, 4, 5, and/or 6)
3. Sum of lines 1 and 2
*4. Total liabilities (if any portion of the postclosure cost estimates is included in
total liabilities, you may deduct the amount of that portion from this line and add
that amount to lines 5 and 6) :
*5. Tangible net worth ;
*6. Net Worth :
*7. Current assets !
*8. Cunent liabilities ;
9. Net working capital (line 7 minus line 8) I
10. The sum of net income plus depreciation, depletion, and amortization !
*1 1 . Total assets in the United States (required only if less than 90 percent
of assets are located in the United States) !
12. Is line 5 at least $10 million? DVes DNo
13. Is line 5 at least 6 times line 3? □ Yes D No
14. Is line 9 at least 6 times line 3? Q Yes Q No
1 5 . Are at least 90 percent of assets located in the United States? Q Yes D No
16. Is line 1 1 at least 6 times line 3? D Yes HI No
If any closure and/or postclosure maintenance costs are included from line 2., two of the following three ratios must
be met:
17. Is line 4 divided by line 6 less than 2.0? C] Yes Q No
18. Is line 1 0 divided by line 4 greater than 0. 1 ? □ Yes □ No
1 9. Is line 7 divided by line 8 greater than 1 .5? □ Yes D No
I hereby certify and sign under penalty of perjury under the laws of the State of California that the
information in this document is true and correct to the best of my knowledge, and that this letter is worded as
specified by the Board and is being executed in accordance with the requirements of Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 10, Section 18493,
Signature Typed or Printed Name
Title Phone Number Date
Corporate Seal
CIWMB 149 (12/01) Page 3 of 4
Page 806.246 Register 2002, No. 25; 6-21-2002
Title 14 California Integrated Waste Management Board § 18831
ALTERNATIVE II
(Omit if using Alternative I)
1 . Amount of annual aggregate liability coverage to be demonstrated $
2. Sum of other liability coverage and/or closure cost estimates and/or postclosure
maintenance cost estimates (from paragraphs 3, 4, 5 and/or 6) $
3. Sum of lines 1 and 2 $
*4. Current bond rating of most recent issuance of this firm
and name of rating service $
*5. Date of issuance of bond $
*6. Date of maturity of bond $
*7. Tangible net worth (if any portion of the postclosure cost estimates is
included in "total liabilities" on your firm's financial statements, you
may add the amount of that portion to this line) $
*8. Total assets in the United States (required only if less than 90 percent of
assets are located in the United States) $
9. Is line 7 at least $10 million? DVes DNo
10. Is line 7 at least 6 times line 3? □ Yes □ No
* 1 1 . Are at least 90 percent of assets located in the United States? CH Yes D No
12. Is line 8 at least 6 times line 3? D Yes □ No
I hereby certify and sign under penalty of perjury under the laws of the State of California that the
information in this document is true and correct to the best of my knowledge, and that this letter is worded as
specified by the Board and is being executed in accordance with the requirements of Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 10, Section 18493.
Signature Typed or Printed Name
Title Phone Number Date
Corporate Seal
CIWMB 1 49 ( 1 2/0 1 ) Page 4 of 4
Page 806.247 Register 2002, No. 25; 6-21-2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
State of California California Integrated Waste Management Board
CORPORATE GUARANTEE
Shall be on corporate letterhead stationery. It shall
also contain original signature of Guarantor and shall
be worded as indicated in form CIWMB 150.
Executive Director
California Integrated Waste Management Board
1001 I Street
P.O. Box 4025
Sacramento, California 95812-4025
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of [if
incorporated within the United States insert "the State of "; if incorporated outside the United States
insert the name of the country in which incorporated, the principal place of business within the United States, the
name and address of the registered agent in the State of the principal place of business] herein referred to as a
guarantor. This guarantee is made on behalf of [Operator] [Business address] to any and all third parties who have
sustained or may sustain bodily injury and/or property damage caused by accidental occurrences arising from
operation of the major waste tire facility(ies) covered by this guarantee.
Recitals
1. Guarantor meets or exceeds the financial means test criteria of Title 14, California Code of
Regulations (CCR), Division 7, Chapter 6, Article 10, Section 18493 and agrees to comply with the reporting
requirements for guarantors as specified in 14 CCR, Sections 18493 and 18494.
2. Guarantor is a [parent corporation] of [Name of Operator]; is a [firm whose parent corporation],
[Name of Corporate Parent], is also the parent corporation of [Name of Operator]; or engages in a substantial
business relationship with [Name of Operator] and is issuing this guarantee as an act incident to that business
relationship.
3 . [Operator] operates the following facilities in the United States which are covered by this
guarantee or a similar guarantee: [List for all facilities (including but not limited to hazardous waste and solid waste
disposal facilities): facility information number, name and address; and if guarantor is incorporated outside the
United States, list the name and address of the guarantor's registered agent for service in California.]
This corporate guarantee satisfies the Board's operating liability coverage requirements as identified in 14 CCR,
Section 18487 for accidental occurrences for the facilities named above for the required amount of coverage
excluding legal defense costs, deductibles and self-insured retentions.
4. [Insert appropriate phrase: "On behalf of our subsidiary" (if guarantor is a parent corporation of
the operator); "On behalf of our affiliate" (if guarantor is a firm whose parent corporation is also the parent
corporation of the operator); or "Incident to our business relationship with" (if guarantor is providing guarantee as an
incident to a substantial business relationship with the operator) [Operator], Guarantor guarantees to the Board or its
designee that for any and all third parties who may sustain bodily injury and/or property damage caused by
accidental occurrences arising from operations of the facilities covered by this guarantee that in the event that
[Operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property
CIWMB 1 50 ( 1 2/0 1 ) Page 1 of 3
Page 806.248 Register 2002, No. 25; 6-21-2002
•
Title 14 California Integrated Waste Management Board § 18831
damage to third-parties caused by accidental occurrences arising from the operation of the facihties named above or
fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage,
the guarantor will satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage.
5. In the event of combination of this guarantee with another mechanism to meet operating liability
coverage requirements, this guarantee will be considered [primary/excess] coverage.
6. Guarantor agrees that if at any time during or at the end of any fiscal year before termination of
this guarantee, the guarantor fails to meet the financial means test criteria, guarantor shall send within ninety (90)
days of such determination, by certified mail, written notice to the Board or its designee and to [Operator] that he or
she intends to provide alternate liability coverage as specified in 14 CCR, Section 18488 in the name of [Operator].
Within 120 days after the end of such fiscal year, the guarantor shall establish such liability coverage unless
[Operator] has done so.
7. The guarantor agrees to send written notice to the Board or its designee, by certified mail of a
voluntary or involuntary proceeding under the Bankruptcy Code, 1 1 U.S.C., 101-1330, naming guarantor as debtor,
within ten (10) days after commencement of the proceedings.
8. Guarantor agrees that within (30) days after being notified by the Board or its designee of a
determination that guarantor no longer meets the financial means test criteria or that it is disallowed from continuing
as a guarantor, that alternate liability coverage shall be established as specified in 14 CCR, Section 18488 in the
name of [Operator] unless [Operator] has done so.
9. Guarantor reserves the right to modify this agreement to take into account amendment or
modification of the liability coverage requirements set by 14 CCR, Division 7, Chapter 6, Article 10 provided that
such modification shall become effective only if the Board or its designee does not disapprove the modification
within thirty (30) days of receipt of notification of the modification.
10. Guarantor agrees to remain bound under this guarantee for so long as [Operator] must comply with
the applicable requirements of 14 CCR, Division 7, Chapter 6, Article 10, for the facilities listed above, except as
provided in paragraph 11 of this agreement.
1 1 . Guarantor may terminate this guarantee by sending written notice by certified mail to the Board or
its designee and to [Operator], provided that this guarantee may not be terminated unless and until [Operator]
obtains, and the Board or its designee approves alternative liability coverage complying with 14 CCR, Section
18488.
12. Guarantor hereby expressly waives notice of acceptance of this guarantee.
13. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or
liability of the guarantor with respect to the covered facilities.
14. The guarantor shall satisfy a third party liability claim only on receipt of one of the following
documents;
(a) Certification from the operator and the third party claimant(s) that the liability claim should be
paid. The certification must be worded as follows:
CI WMB 1 50 ( 1 2/0 1 ) Page 2 of 3
Page 806.249 Register 2002, No. 25; 6-21 -2002
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
CERTIFICATION OF VALID CLAIM
The undersigned, as parties [Operator] and [Name and address of third party(ies)] hereby certify that the
claim of bodily injury and/or property damage caused by an accidental occurrence arising from operating
[Operator's] solid waste disposal facility should be paid in the amount of $ .
Operator's Signature Notary Date
Claimant's Signature Notary Date
(b) A valid final court order establishing a judgment against the operator for bodily injury or
property damage caused by accidental occurrences arising from the operation of the operator's facility or group of
facilities.
I hereby certify and sign under penalty of perjury under the laws of the State of California that the
information in this document is true and correct to the best of my knowledge, and that this letter is worded as
specified, and is being executed in accordance with, the requirements of Title 14, California Code of Regulations,
Division 7, Chapter 6, Article 10, Section 18494.
Effective Date:
(Name of Guarantor)
(Authorized Signature for Guarantor)
(Typed or Printed Name of Person Signing)
(Title and Phone Number of Person Signing)
(Signature of Witness or Notary and Seal)
PRIVACY STATEMENT
This information is requested by the California Integrated Waste Management Board under Title 14, Cahfomia Code
of Regulations, Division 7, Chapter 6, Article 10, Section 18494, in order to verify adequate financial assurance for
major waste tire facilities. Submittal of the information requested is mandatory. The consequence of not providing
this information is denial or revocation of a permit to operate a major waste tire facility. Information may be
provided to the U.S. Environmental Protection Agency, State Attorney General, Air Resources Board, Cahfomia
Department of Toxic Substances Control, Energy Resources Conservation and Development Commission, Water
Resources Control Board, and California Regional Water Quality Control Boards. For more information or access to
your records, contact the California Integrated Waste Management Board, 1001 I Street, P.O. Box 4025,
Sacramento, California 95812-4025, (916) 341-6000.
CIWMB 150 (12/01) Page 3 of 3
Page 806.250 Register 2002, No. 25; 6-21-2002
Title 14
California Integrated Waste Management Board
§ 18831
State of California
CIWMB 173 (New 05/04)
Retreader Self-Certification
California Integrated Waste
Management Board
In accordance with the California Code of Regulations (CCR), §18460.2.1, Waste Tire Manifest
System Requirements for Retreaders, the Retreader identified below transports tire casings for the
sole purpose of inspection, retreading, recasing, or recapping. The transportation of any used or waste
tire not meeting these aforementioned specifications shall be manifested in accordance with CCR,
§18460.2. By completing this form, the Retreader agrees to complete an invoice in accordance with
CCR, §18459.2. 1(b) for each pick-up or delivery of tire casings. Each pick-up or delivery of tire
casings shall also be entered on the Retreader Trip Log (CIWMB 180) in accordance with the
directions on the form.
The Retreader shall not transport any tire casings without having a copy of the invoice form and
Retreader Trip Log in the vehicle transporting the tire casings. The invoice form and Retreader Trip
Log shall be shown upon demand to any representative of the Board, any officer of the California
Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code,
or any local public officer designated by the Board. The Retreader shall retain a copy of the
completed invoice forms and Retreader Trip Logs at their place of business for a period of three (3)
years. These records shall be made available to any authorized representative as stated above.
Please complete the following information;
Retreader Business Name:
Phone: ( )
D.B.A.S, if any'.
TPID #:
U.S. DOT 3- Digit Identification:
ij^fi^^''
Name of Contact Person:
Business Address (Physical Location):
City:
State:
ZIP Code:
Mailing Address, if different:
City:
State:
ZIP Code:
Number of CIWMB Registered Vehicles Hauling Tire Casings:
I certify under penalty of perjury under the laws of the State of California that: 1) I operate a Retreading business within the State of
California pursuant to California Code of Regulations, §18450(a)(I9); and 2) the information provided above is true and correct. In
addition, I am aware that falsification of this information may result in suspension, revocation, or denial of renewal of the waste tire
hauler registration pursuant to Public Resources Code, section 42960 and may result in civil penalties up to $25,000 per violation, per
day or administrative penalties up to $5,000 per violation, per day as described in Public Resources Code, section 42962.
(Printed Name)
(Signature)
(Date)
Submit form to
C.I.W.M.B.
P.O. Box 4025, MS-22
Sacramento, CA 95812
Attention: Waste Tire Hauler Registration & Manifest Program
Page 806.251
Register 2005, No. 24; 6-17-2005
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
i| CA Retreader Trip Log
■Till
State of California
CIWMB-180 (New 03/04)
California Integrated Waste Management Board
PO Box 4025, Sacramento, CA 95812-1259
Retread Log Number
INSTRUCTIONS ON BACK DO NOT TAPE. STAPLE OR DUPLICATE R9- 1234567
Tire Program ID
Site Suffix
Phone Number (include area code)
( )
Decal Number
License Plate Number
DOT
R/
Load Date (MM/DDr/Y)
/
/
Tire Program ID ■ Site Suffix
Invoice Number
Business Name / Address
Pickup Count i Delivery Count -
Tire Program ID - Site Suffix
Invoice Number
Business Name / Address
Pickup Count
Delivery Count
Tire Program ID - Site Suffix
Invoice Number
Business Name / Address
Pickup Count
Delivery Count
iTire Program ID - Site Suffix
Invoice Number
Business Name / Address
Pickup Count
Delivery Count
'Tire Program ID - Site Suffix
Invoice Number
jTire Program ID - Site Suffix
Invoice Number
Business Name / Address
Business Name / Address
I certify under penalty of perjury under the laws of the State of California that the information provided above is true
and correct. In addition, I am aware that falsification of this information may result in suspension, revocation, or denial |TQ*a|c
of renewal of the Waste Tire Hauler Registration pursuant to Public Resources Code section 42960 and may result in |
civil penalties up to $25,000 per day, per violation or administrative penalties up to $5,000 per violation per day as >
descriljed in Public Resources Code section 42962. 1^
Driver's Name (print)
Driver's Signature
Toll Free 1-866-896-0600 / www.ciwmb.ca.gov/Tires/
White: CIWMB Copy Yellow: Retreader Copy
Date
Page 806.252
Register 2005, No. 24; 6-17-2005
Title 14
California Integrated Waste Management Board
§ 18831
Toll Free 1-866-896-0600 / www.ciwmb.ca.qov/Tlres/
CA Comprehensive Trip Log and Receipts
mp
eiXlAiM PlL^ei
112. 3
IDLOi
10002
'-VHHMOSI&X3X83QFI
"^S^S'^.V INSTRUCTIONS ON BACK OF PART 2 DO NOT TAPE. STAPLE OR DUPLICATE
Callfornli irMtgratsd W««t« Managamant Board
P.O. Box 1259, Sacramanto, CA 85812 - 1259
Comprehensive Trip Number
By «)onlng tM« CA Comp/ch«nQlv« Trip Log tnd R«c«lpt, Itit algnwfo) raquMt lh«t th« Informatton provided on thio form wlH bo eon.ldored oonftdorttial, proprietary and trodo Merit. In occordinoe wtth Title, 14 CCR, Section
1704 1 et eeq., If i requeet la m»d« lor dieoloaure of tht* Infoimatlon, the CIWMB will contact the 8lgnar(») of ttilo term at the addreae and telephone number provided on thia form or reselpt.
^hifetirttifiimiatiolgl
Truck Decal Number
□D-OOODD
License Plate Number
aaonooD
Hauler Address
Business Name
AckiiGSs
City, State and Zip
n
J
I certify under penally cf p«r|ury und>r the lewe of Uw SIbU> of Cettlomlp that the Mormallon provided atnw ie Inie and correcl. In addillgn. I am ovare (hat lalNflcatkxi ol Ihit inloimalcn mtv laeut In wtpentlwi, levocdkiii or donlal of tenwi^ of d
Waita The Haulef Rafiialiallon pursuant to PuUlc Reeoucae Coda aedion 42860 and may ibhJI ti cttt pencdtiat up lo S 26.000 per da/, per vbUkui or admini&tretjve pernlies up Id $5,000 per violallon per day as (touiitied In PuUlc Retouroot
Code teotlon 42982
Driver's Name (print)
Comprehensive Trip Log Number
Driver's Signature
Date
Load information
~C
Hauler Tire Program ID / Site Suffix
Hauler Nisms
Hauier Toifephons Number
Comprehensive Trip Log Number
P ick U p hM Delivery
■"^ODiDDfnD
lU [] Whote Tire Count Q Weight in Lb«.
Q Volume Cubic Ycl«.Qvy«i0ht in Tone
Facility Tire Program ID Site Suffix
nnnnnnn-nn
Facility Telephone Number
DDD-DDnnnnn
J
Load Information
~B
Hauler Tire Program ID / Site Suffix
r-n^ular P.iaf?<e
Haulm Tslenho?t» Number
Comprehensive Trip Log Number
PickUp
DATE
D^n
Deliyery
■y-.
DD
w[] whole fire tp^
^ in Vpl'.'mcl Cubic Ydei^l^
■'. (N/Afof^i
WholaTlrai)
I j .s\d(;Jres.;;; Sams- <iH Hauler
I CERTIFY THAT UNDER PSNAUTY OF PeRJURV OF THE
LAWS OF THE STATE OF CALIFORNIA THAT THE
=0 ABOVE IS TRUE AND CORRECT.
Facility Tire Program ID Site Suffix
nnnnnnn-nn
Facility Telephone Number
DDD-DDDDnnn
Load Information
~A
Hauler Tire Program ID / Site Suffix
Hauifsr Hanm
Ha u kit Tei ep h o r? s N u mbe r
PickUj3i
adBBB
-CD-DD
Delivery
/
DD
□ Whol«^ Tire Count Qwelght in Lbe.
n yoliime Cubic Vde. M Weight in Tone
(NMfor
WhdaTirM)
I CERTIFY THAT UNDER PENALTY OF PERJURY OF THE JT
LAWS OF THE STATE OF CALIFORNIA THAT THE I
Facility Tire Program ID Site Suffix
DDDDDDD-DD
Facility Telephone Number
DDD-DDDDDDD
Q Addny-y-i Sstrm a?, Hauiar
I CERTIFY THAT UNDER PENALTY OF PERJURY OF T«
LAWS OF THE STATE OF CALIFORNIA THAT THE
JJj£J2JJjTJJNJPggV]OggAgOVyygJ^(JCgRgCT.
J
Page 806.253
Register 2006, No. 29; 7-21-2006
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
By initialing this Comprehensive Trip Log (CTL) receipt, the signer(s) requests that
information provided on this form will be considered confidential, proprietary and / or a
trade secret. In accordance with Title 14, CCR, Section 17401 et. Seq., if a request is
made for disclosure of this information, the CIWMB will contact the signer(s) of this
form at the address and telephone number on this receipt. >
By initialing this Comprehensive Trip Log (CTL) receipt, the signer(s) requests that
information provided on this form will be considered confidential, proprietary and / or a
trade secret. In accordance with Title 14, CCR, Section 17401 et. Seq., if a request is
made for disclosure of this information, the CIWMB will contact the signer(s) of this
form at the address and telephone number on this receipt.
By initialing this Comprehensive Trip Log (CTL) receipt, the signer(s) requests that
information provided on this form wiU be considered confidential, proprietary and / or a
trade secret. In accordance with Title 14, CCR, Section 17401 et. Seq., if a request is
made for disclosure of this information, the CIWMB will contact the signer(s) of this
form at the address and telephone number on this receipt.
Page 806.254 Register 2006, No. 29; 7-21-2006
Title 14 California Integrated Waste Management Board § 18831
Comprehensive Trip Log Instructions
The Comprehensive Trip Log is used by the hauler to document waste tire plcl^ups and deliveries. If waste/used tires
are unloaded and stored for any period of time, the storage location becomes the end use facility and a "delivery* must be
shown. The next time the tires are moved, the storage location becomes the generator site and a new receipt must be
completed showing a "pick up°. To order additional forms or if you have questions regarding the Used/Waste Tire
Program call l^see-SOe-OSOO or visit CIWMB's web site at www.clwmb.ca.gov/Tire*/.
1 . Write your Decal Number In the boxes provided.
2. Write your Vehicle License Plate and the State of Issuance in the boxes provided.
3. Print the Hauler Business Name, Address, City, State, and Zip. If a business stamp or preprinted label is used,
stamp/label all three copies of the Comprehensive Trip Log (Original, CIWMB and Hauler copies). Check box, if
common carrier exempt
4. Print Driver's Name in the space provided.
5. The Driver shall Sign the fonnn and enter the Date the CTL is being used.
6. As pickup and deliveries are made, the Driver will complete all required information in Receipts A, B, and C,
respectively, for each tire transaction that is made, regardless of the amount of tires. Each receipt shall contain the
following informatbn:
a. Complete Hauler Tire Program Identification Number.
b. Hauler Name and Telephone Number.
c. Whether the tire transaction is a "Pick up" or "Delivery": check appropriate box.
d. Dateof the tire transaction (month, day, year; i.e. 03/18/05). /
e. Type of tire count (Whole Tire, Volume in cubic yards. Weight in Pounds, or Weight in Tons); check
appropriate box.
f. Amount of tires: this is the quantity of tires (use decimal for tons onlvV
g. Complete Facility Tire Program identification Number with suffix,
h. Facility Telephone number.
i. Facility Business Name, Address, City, State, and Zip. If a business stamp or preprinted label is
used, stamp/label all three (3) copies of the Comprehensive Trip Log (Original, CIWMB and Hauler
copies).
j. Same as Hauler box; check if the facility location is also the Hauler's business location.
7. The Generator/End Use Facility Operator will initial the receipt after verifying the infomiation entered by the Hauler
is true and correct.
8. Generator/End Use Facility Operator will retain a copy of their respective receipt for a period of three (3) y^ars at
their place of business.
Instrucciones Para el Registro Unico de Transporte
El Registro tllnico de Transporte es utilizado por el transportlsta para documentar la recolecci6n y entrega de llanta de desecho. Si
las llantas usadas/ de desecho se descargan y son almacenadas por cualquier periodo de tiempo, la ubicaci6n de almacenamiento
ilega a ser la instalacibn de uso final y una 'entrega* debe ser anotada. La pr6xima vez que se transportan las llantas, la ubicacidn
de almacenamiento Ilega a ser el sitio del generador y un reclbo nuevo se debe completer mostrando una 'recoleccidn*. Para
ordenar formas adicionales o si tiene preguntas con respecto al Programa de Llantas Usadas/ de Desecho, llame al 1-866-896-
oeoo o visite el sitio Web del CIWMB en www.ciwmb.ca.gov/Tires/.
1 . Escribe su Numero de Caicomanfa en los cuadros proveldos.
2. Escribe su Niimero de Placas y el Estado en donde estd registrado dicho vehicub en los cuadros proveldos.
3. Escribe el Nombre, Direcci6n, Cludad, Estado, y C6digo Postal del Transportlsta. Si utilize un sello o etiqueta
comercial, deben aplicarse a las tres copies del Registro Onico de Transporte (Copias Originales, del CIWMB, y del
Transportlsta). Marque la opcidn si es exento por ser "transportlsta comdn.
4. Escriba el Nombre del Chofer en el espacio proveido.
5. El Chofer debe Firmar el formulario y anotar la Facha en la cual es utilizado.
6. Conforme se hacen recolecciones y entregas, el Chofer completard toda informacl6n requerida en Recitx^s A, B, y C.
respectlvamente, para cada transaccldn de llanta que se hace. sin tener en cuenta la cantidad de llantas. Cada racibo
deber^ contener la informaci6n siguiente:
a. NCimero de Identiflcaci6n de Transportlsta del Programa de Llantas complete.
b. Nombre y NCimero de Teidfono del Transportlsta.
c. Si la transaccl6n es una *Recolecci6n* o 'Entrega'; marque la opci6n apropiada.
d. Fecha de la transaccl6n (mes, die, aflo; ejempio 03/18/05).
e. Tlpo de carga (Llanta Entera, Volumen en Yardas Cubicas, Peso en Libras, o Peso en Toneladas); marque la
opci6n apropiada.
f. Cantidad de llantas; (use el decimal para toneladas solamenteV
g. NQmero de identificacl6n de Instalacidn del Programa de Llantas complete con sufijo.
h. Niimero de Tei^fono de la Instaiaci6n.
I. Nombre de Negocio, Dlrecci6n, Cludad, Estado, y C6dlgo Postal de la Instalacl6n. Si utiliza un sello o
etiqueta comercial, deben aplicarse a las tres (3) copias del Registro Onico de Transporte (Copias Originales,
del CIWMB. y del Transportlsta).
J. Opcl6n "Igual que Transportlsta"; marque la opci6n si la dlreccl6n de la Instalacldn tambldn es la dlreccl6n
de negocio del transportlsta.
7. El Operador de la Instalaci6n pondrd sus iniciales en el recibo despuds de verificar que la informacl6n anotada por el
Transportista sea verdadera y correcta.
6. El Operador de la |nstalaci6n guardard una copla de su recibo respective por un periodo de tres (3) aflos en su lugar de
negocio.
Page 806.255 Register 2007, No. 15; 4- 13-2007
State of California
CIWMB 204 (New 8/05)
California Integrated Waste
Management Board
Unregistered Hauler & Comprehensive Trip Log Substitution Form
y
QTQ
fb
00
O
ON
in
Name and Address of Facility:
TPID#
Date & Name
License Plate &
Decal Number
(if applicable)
Hauler's Name/Address/Signature
Quantity &
Type of Tires
Pick up/Delivery
Status
Unregistered Tire
Hauler or Exemption
Status (if applicable)
/ /
Quantity of
Tires:
TvpeofLoad:
n Whole
D Cubic Yards
D Pounds
□ Tons
Check One:
D Pick up
D Delivery
□ Unregistered Tire hauler
or
Exemption (if applicable):
n LEA Exempt
n Government
□ Commercial Carrier
□ Agricultural
Or
D No Manifcst/CTL form
(License Plate)
(Hauler Name)
(Address)
(State)
(City) (Stale) (Zip Code)
Signature:
Name of Reporting Party
Decal number
(ifqjplicable)
/ /
Quantity of
Tires:
Tvpe of Load:
n Whole
n Cubic Yards
D Pounds
D Tons
Check One:
D Pick up
D Delivery
□ Unregistered Tire hauler
or
Exemption (if applicable):
D LEA Exempt
(~l Government
n Commercial Carrier
□ Agricultural
Or
n No Manifest/CTL form
(License Plate)
(Hauler Name)
(Address)
(State)
(City) (State) (Zip Code)
Signature:
Name of Reporting Party
Decal number
(ifapplicable)
/ /
Quantity of
Tires:
Type of Load:
n Whole
n Cubic Yards
D Pounds
n Tons
Check One:
D Pick up
D Delivery
|_J Unregistered Tire hauler
or
Exemption (if applicable):
O LEA Exempt
n Goverruncnt
n Commercial Carrier
D Agricultural
O
n No Manifest/CTL form
(License Plate)
(Hauler Name)
(Address)
(State)
(City) (SUle) (Zip Code)
Signature:
Name of Reporting Party
Decal number
(if applicable)
/ /
Quantity of
Tires:
Type of Load:
n Whole
n Cubic Yards
D Pounds
[~1 Tons
Check One:
D Pick up
D Delivery
1 1 Unregistered Tire hauler
or
Exemption (if applicable):
n LEA Exempt
□ Government
r~| Commercial Carrier
D Agricultural
Or
D No Manifest/CTL foim
(License Plate)
(Hauler Name)
(Address)
(State)
(Oty) (Slate) (Zip Code)
Signature:
Name of Reporting Party
Decal number
(if applicable)
Please submit this form within 30 days to: CIWMB, Waste Tire Hauler Program, P.O. Box 4025, MS-22, Sacramento, CA 95812
or fax to (916) 319-7605
Title 14
California Integrated Waste Management Board
§ 18831
state of California
CIWMB 303a (1/06)
California Integrated
Waste Management Board
Lead Agency' Form 303a Household Hazardous Waste Collection Information For Fiscal Year
If your jurisdiction or agency was, (he Lead for collecting HHW, you will report your waste collection and disposal activity on the Lead Agency Form 3(l3a
Section A. Reporting Requirements:
Purpose of Forms 303a and 303b
Each jurisdiction in California is mandated to complete Forms CIWMB 303a or 303b aiuiually, with the ainount of household hazardous waste (HHW) collected and its method of manaj^emenll
reported on the Form 303a (California Code of Regulations, Title 14. Sections 18751.2). The Fomis 303a and 303b specifically fulfill the reporting requirements of the Household Hazardous
Waste Element of the California Integrated Waste Management Board's (CIWMB) Countywide Integrated Waste Management Plans. The Forms 303a and 303b are also regulated to satisfy the
Department of Toxic Substances (DTSC) directive (Health and Safetj' Code Section 25218.10) to collaboratively maintain HHW volume totals with the Board for all HHW collection events,
facilities, and programs within the Slate.
The completed Fomi 303a provides the total waste volume amounts collected for all HHW programs (including permanent, temporary', recycle only, mobile, door to door, and any other type of
collection program the jurisdiction identifies as part of ttieir HHW collection program) that were sponsored in the previous fiscal year, starting July I of the previous year and ending June 30 of
the current year. The completed Fonms 303a and 303b must be sent to the DTSC on or before October 1 of each year.
Who must fill out the Forms?
Each juri.sdiclion must fill out a Form 303a or 303b. If your jurisdiction or agency was the Lead for collecting HHW, you will report your waste collection and disposal activity on the Lead
Agency Form 303a. If your jurisdiction or agency did not have a pennitted HHW collection program during the previous fiscal year, or you were not the Lead for the collection program, you
complete the Non-Lead Agency Form 303b to satisfy' the regulatory requirements. You may download the complete Lead Agency or Non-Lead Agency forms at
http://uavw.ciwnib.ca.gov/hliw/Reponing/defauli.htm or contact DTSC at (916) 323-961 8 to have one sent to you.
Where do I send my completed Form?
Completed forms shall be submitted electronically to the DTSC as an email attachjnent to forni303@dtsc.ca.gov. You must first save the completed spreadsheet on your own computer under a
new name. Use a name that will uniquely and clearly identify your jurisdiction or agency such as form303sacrainenlo.xls. for example. Then, send the newly named completed spread<;heet as
an E-mail attachnient to the address above.
Paget of?
Upon request to the CIWMB, you may be exempted from filing electronic:
Department of Toxic Substances Control (DTSC)
Household Hazardous Waste (HHW) Unit - Form 303
P.O. Box 806
Sacramento, CA 95814-0806
lly, and instead
print out the completed spreadsheet and mail it to:
Section B. Jurisdiction:
Please do not include vour contractor's name. |
Name of Public Agency Reporting:
1
Non-Lead Participants Represented by
Reporting Jurisdiction/Agency (i.e,
individual city(ies), caunty(ie$), other
agency(ies)):
1)
5)
9)
2)
6)
10)
3)
7)
H)
4)
8)
12)
Mailing Address:
City:
Zip code:
County:
HHW Program Manager:
*
Phone Number:
Fax Number:
Email Address:
Contractor's Name (if applicable):
1
Name of Permanent Facility within
Program Service Area (if applicable):
EPA 1D#:
Site Contact Name/Title:
Phone Number:
Facility Address:
Email Address:
City:
Zip Code;
County:
Page 2 of 7
Page 806.257
Register 2007, No. 15; 4-13-2007
$ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Nume of Permanent Facilit>' within
Procram Service Area (if applicahlc):
EPA 1D#:
Site Contact Nanic/Titic:
Phone Number:
Fueilit} Address:
Email Address:
Citj':
Zip Code:
Countj':
^a^le of Permanent Facilit>' within
Program Service Area (if applicahlc):
EPA in#:
Site Contact Name/Title:
Phone Number:
Facilit)' Address:
Email Address:
Cili:
Zip Code:
Count}':
For additional permanent facilities within the program service area, please attach a separate page.
Section C. Program Types:
The program types include Permanent, Teniporar)' (periodic). Mobile, Recycle-only program, Door-lo-Door (residential), Curbside (other than oil),) Load Check and/or Other (identify type
program). Remember - Certified Oil Centers and Curbside Oil collection programs, whose oil is reported as part of a jurisdiction's I'sed Oil Block grant, should not be included
Form 303 reporting.
oi
ir
Section D. EPA ID Numbers: 1
Please list all EPA ID Numbers tor each program rv'pe used last year (add additional rows if necessary).
Program Type
EPA ID Number
Program Type
EPA ID Number
Page 3 of 7
Section E. Participation:
Number of Households that participated in collection program:
Number of Households in service area:
Section F. Waste Volumes:
Example:
In ihc example sheet below, foritie period July I, 2004 lo June 30,2005 under the heading "Pounds Collected by Program Type" thcCin.' has entered ihe number of pounds of maicrial in the wasie stream
"Flammable liquids / solids" collected within the Cil>' into the cell corresponding to the program type used to collect the material. In this example case, 40 pounds was collected at a permanent facility, 50
pounds at a tcmporar^■ event iite, and 20 pounds were collected during load checks. The spreadsheet will calculate the total amounts for you. On the right side of the spreadsheet, under "Pounds Disposed /
Divcned", the City has entered the estimated number of the total pounds of collected material in the cell corresponding to the management method used to dispose or diven the material. In this case 66 pounds of
the total collected material was sent to destructive incineration and 44 pounds was incinerated as fuel. The spreadsheet will calculate the total pounds for you. Please check to be sure that the "Total Pounds
Collected" is the same as "Total Pounds Disposed/Diverted."
Page 4 of 7
Page 806.258
Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18831
•
Section F. Waste Volumes:
Instruction's:
Enier the number of pounds of material in the waite stream collected within the area into the cell corresponding to the program t\'pe used to collect the material. The spreadsheet will calculate the total amounts
for you. Also enter the estimated number ol' pounds of the collected material in the cell corresponding to the management method used to dispose or divert the material. Definitions of the "Management
Methods" are presented in Title 14, 18751.2,1 (c). The spreadsheet will calculate the total pounds disposed or diverted for you. Note: Quantities reponcd under "Load Check" and other collection categories
should not be double counted under "I'cnnancnt Facility."
Material Type
Pounds Collected by Program Type
Pounds Disposed / Diverted by Management Method
1. Flammable and
Puison
Flammable solids / liquids
0
0
Bulked flammable liquids
0
0
Oil - base paints
0
0
Poisons
0
0
Reactive and explosive
0
0
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2. Acid
Inorganic and organic acid
0
0
3. Base
Inorganic and organic base
0
0
4. Oxidizer
Neutral oxidizers, Organic
pero>tidcs, Oxidizing acid, and
Oxidizing base
0
0
5. PCB -
containing
PCB - containin!2 paint
0
0
Other pen waste (includes
ballasts)
0
0
•
Page 5 of 7
Material Type
Pounds Collected by Program Type
Pounds Disposed / Diverted by Management Method
/ o. / ^ / / ^' /-^ / ^ / / / -^ // i / / / ^? / / / /
/ i / ^ / •i/^/^/-^/<^/^//^ / ^ / -i / ^ / i / i / ^ / <* / -^
/ <" /<" / -^ / -»?• /<f /c? / v° / <^ / *? //4/'i'/-^/^/4/^/4/ f^
t/
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0
0
0
6. Reelaimable
Antifreeze
0
0
Auto type batteries (motor
vehicles)
0
0
Latex paint
0
0
Motor oil/oil products
0
0
Used oil filters (recyclables
only)
0
0
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7. Asbestos
Asbestos
0
0
8. Universal Waste
(UW) *
Mercury containing
ihcrmoslats / automatic
switches / thermometers / and
novehies
0
0
Mercury containing waste
(other)
0
0
Fluorescent tubes/l)ulbs
0
0
Rechargeable batteries
0
0
Other batteries
0
0
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Electronic Waste
(UW)
Covered Electronic Devices
0
0
Page 6 of 7
Page 806.259
Register 2007, No. 15; 4-13-2007
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Material Type
Pounds Collected by Program Type
Pounds Disposed / Diverted by Management Metliod
/ <" /■s' / ^ / ^ / i^ / C? / '^ / ^ // ■'^ /'^/^/•^/^/'^/'^/'^/f^ //
Universal Waste HIecironic
Devices
0
0
suhtatal
0
0
0
0
0
0
0
0
0
0
0
n
0
0
0
0
0
Empty Aerosol
C(jnlaincrs(UW)
Emptv aerdsol coiilaincrs
0
0
Other IIW
(name)
0
0
all UW subtotal
fl
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
* To he considered Universal Waste, all waste in this catet;or>' except for batteries, must be tnanoged by recycling. Cnergy recovet^' or fuel incineration is not considered recycling. If the waste
cannot be managed by recycling, it is not universal waste and must be managed as a hazardous waste. Tlie completed Oisposed/Divcned ManascmenI Methods section will show whether or not
wastes were managed as a universal waste.
9.0lherHHW
Home - Generated sharps
0
0
Phamtaceuiical Waste
0
0
Cnmprcs.sed uas cvlinders
0
0
Treated wood
0
0
Non - UW aerosol containers
(corrosive. Ilammablc, poison)
0
0
Other (name)
0
0
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
10. GraQil
Total
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Page 7 of 7
•
Page 806.260
Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18831
state of California
CIWMB 303b (1/06)
California Integrated
Waste Management Board
Non-Lead Agency Form 303b Household Hazardous Waste Collection Information For Fiscal Year
If your jurisdiction or agency did not have or was not the Lead for an HHW collection program, you will complete the Non-Lead Agency Form 303b
Section A. Reporting RequirenienLs:
Purpose of Forms 303a and 303b
Each jurisdiction in California is mandated to complete Koims CIWMB 303a or 303b aiuiiiallv. with ilie amount of household hazardous waste (HHW) collected and its method of management
reported on the Form 303a (California Code of Regulations, Title 14. Sections 18751.2). The Forms 303a and 303b specifically fulfill the reporting requirements of the Household Hazardous
Waste Element of the California Integrated Waste Management Board's (CIWMB) Count^'wide Integrated Waste Management Plans. The Fonns 303a and 303b are also regulated to satisfy the
Department of Toxic Substances (DTSC) directive (Health and Safety Code Section 25218.10) to collaboratively maintain HHW volume totals with the Board for all HHW collection events,
facilities, and programs within the State.
The completed Form 303a provides the total waste volume amounts collected for all HHW programs (including pemianent. temporarj', recycle only, mobile, door to door, and any other type ol
ol lection program the jurisdiction identifies as part of ifaeir HHW collection program) that were sponsored in the previous fiscal year, starting ,luly I of the previous year and ending June 30 ol
the current year. The completed Forms 303a and 303b must be sent to the DTSC on or before October 1 of each year.
Who must fill out the Forms?
Each jurisdiction must fill out a Form 303a or 303b. If your jurisdiction or agency was the Lead for collecting HHW, you will report your waste collection aiid disposal activity on the Leac
Agency Form 303a. If your jurisdiction or agency did not have a permitted HHW collection program during the previous fiscal year, or you were not the Lead for the collection program, yoi
will complete the Non-Lead Agency Form 303b to satisfy' the regulatory requirements. You may download the complete Lead Agency or Non-Lead .Agency forms at
http://w\vw.ciwmb.ca.gov/lihw/r<eporting/defaulLhtm or contact DTSC at (916) 323-961 8 to have one sent to you.
Where do I send my completed Form?
Completed forms shall be submitted electronically to the DTSC as an email attachment to form303@dtsc.ca.gov. You must first save the completed spreadsheet on your own computer under a
new name. Use a nanie that will uniquely and clearly identify your jurisdiction or agency such as form303sacramento.xls, for example. Then, send the newly named completed spreadsheet as
an E-mail attacliment to the address above.
Page 1 of 3
Upon request to the CIWMB, you may be exempted from filing electronically, and instead print out the completed spreadsheet and mail it to:
Department of Toxic Substances Control (DTSC)
Household Hazardous Waste (HHW) Unit - Form 303
P.O. Box 806
Sacramento, CA 95814-0806
Section B. Non-Lead Agency Information:
Name of Public Agency Reporting:
Jurisdiction/Agency Sponsoring Program (Who is the Lead agency
that handles or sponsors your jurisdiction's HHW?):
Reporting Agency Mailing Address:
Ci^:
Zip code:
County:
Reporting Agency Contact for HHW
info:
Phone Number:
Email Address:
Section C. Universal Waste Volumes:
instructions:
Complete this section if your Non-Lead agency/jurisdiction ran or held a conununity clean-up event at which univeral waste was accepted and/or which has initiated battery
and/or lamp collection programs outside the Lead agency's HHW collection program and, thus, collection will not be reported by another agency.
Page 2 of 3
Page 806.261
Register 2007, No. 15; 4-13-2007
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Material Type
Pounds Collected by Program Type
Pounds Disposed / Diverted by Management Method
/ ^ /
/f/i
/ / //
w
////f/^ A ///f///// /// / /. / ii/
Univers;il Waste
(DW) *
Mercury coniaining
thcrmosiais / automatic
switches / ihennometers / and
novelties
0
0
Mercury containing waste
(other)
0
0
Fluorescent tubes/bulbs
0
0
Recharncablc batteries
0
0
Other batrcries
0
0
subtotal
0
0
0
0
0
(1
0
0
0
0
0
n
0
0
0
0
0
Electronic Waste
(UW)
Covered Electronic Devices
0
0
Universal Waste Ulcctronic
Devices
n
0
subtotal
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Empty Aerosol
Containers (UW)
Empiv aerosol containers
0
0
Other UW
(name)
c
0
UW Total
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
' To be considered Universal Waste, all waste in this caieyor)- except Jor batteries, musi be manaiied by recycling. l:.nerg\ recover>' or fuel incineration is not considered recycling. If ihe waste
cannot be managed by recyclinj^, it is not universal wa^ie and must be managed as a hazardous waste. The ccjinplcicd Disposed/Divened Management Method.s sectinr will show whether or not
wastes were nianaced as a universal waste.
Page 3 of 3
Page 806.262
Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18831
•
For Agency Use Only
File #
Eligible
State of California
California Integrated Waste Management Board
APPLICATION COVER SHEET - USED OIL RECYCLING BLOCK GRANT
CIWMB-306 (9/92)
Name of Applicant:
Address:
City:
Zip:
Name of Program Director:
Title:
Phone:
Name of Finance Officer:
Title:
Phone:
Name of Program Manager:
Title:
Phone:
Type of Program:
Total Grant Request:
Certification:
I assume the responsibility to ensure compliance with all state and local environmental requirements and all
related codes, laws, regulations, and guidelines prior to the expenditure of the grant funds.
I further declare under penalty of perjury that all information submitted for the Board's consideration for
allocation of grant funds is true and accurate to the best of my knowledge and behef.
Name of Authorized Person:
Signature^
Title:
Phone:
Date:
[The next page is 806.263.
Page 806.262(a)
Register 2007, No. 15; 4-13-2007
Title 14
California Integrated Waste Management Board
§ 18831
STATE OF CALIFORNIA
CIWMB 4.M)
1/99
Newsprint Consumer Certification
CALIFORNIA INTFGRATRD 1
WASTE MANAGEMENT BOARD ;
California law requires that you certify your newsprint use to the Integrated Waste Management Board by March 1 of each year.
Section I - Consumer Information Instructions
• Indicate dates as nionth/day/year.
Complete spaces 1. through 12.
• If you did not use any newsprint last year, nfiark space 13 and 15, 16 and/or 17, sign, and return the form.
• If all the newsprint you used lastyear was bought or contracted before J aiiuary 1, 19%, complete boK 14, sign and return the form.
• If you used any newsprint last year, complete sections II, III, IV, sign and return the form.
• Optional questions - numbered page 4 of insert.
Return form to:;
Integrated Waste Management Board;
ATT: Newsprint Certification Program i
1001 I Street, 13th Floor i
Sacramento, CA 958141
□ NAME OR ADDRESS CHANGE
Certification Document Number:
Section I - Consumer Information
I Please type or print legibly in ink and return by mail. Use "N/A" for items which are not applicable.
i Reporting Period: January 1 through December 31, 2000.
Contact person (first name, middle initial, last name)
(1)
Company naine
(3)
Date
(2)
/
Phone number
(4) ( )
Mailing address
(5)
City
(6)
! State
(7)
Physical address (if different from mailing address) City
i (9) !(I0)
ZIP® code
(8)
State
(ID
i ZIP® code
i (12)
I did not use any newsprint in my commercial printing or publishing operation during this reporting period. ' \{\?>)
I purchased all the new.sprint I used before January 1 , 1990. ! i (14)
If applicable, provide the company names and addresses of your newsprint printers
other
I am a: publisher { | (15)
printer | 1(16)
Certification Instructions
Certification to be. made by:
•: Gorporation: By a responsible corporate officer or manager authorized to make management decisions which govern the operation of the commer-
cial printing or publishing operation.
Partnership or sole proprietorship: By the genera! partner or thp proprietor
Government agency: By dther the priiicipal executive officer or a ranking elected official.; ■
Certification
1 certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision, that to the best of my knowledge
and belief, the information provided is true, accurate, and complete. I am aware that there are significant penalties for submitting false information in this
certification, including the possibility of fine or imprisonment, or both, for violations.
Signature of individual authorized to sign
Typed or printed name of person signing
Title of authorized person
( )
Date
Phone number
Page 806.263
Register 2000, No. 46; 11-17-2000
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Company Name:
Certification Document Number:
Paee 2
Section II - Newsprint Use Instructions
• Complete this section fornewsprinliised during this reporting pericxi. :■ .
• If you meet the 50% recycled newsprint use goal, sign and return the forrh.
• If you did not meet thC: recycled newsprint use goal, complete sections HI, TV, sign and return ; the Tprm.
• Recycled-Content newsprint means that the fiber content contains no less than 40% post consumer waste paper,
• Please report in metric tons; 2204:6 pounds (LBS.) equals one metric ton.
Section 11 - Percent of Recycled-content Newsprint Used
Total metric tons of all newsprint used this reporting period
Total metric tons of all newsprint used this reporting period that was purchased after January 1, 1990.
(1)
(2)
Total metric tons of recycled-content newsprint used this reporting period that was purchased after January 1, 1990
(3)
Total metric tons of nonrecycled-content newsprint used this reporting period that was purchased after January
(subtract line 3 from line 2).
1990.
(4)
Percent of recycled-content newsprint used this reporting period. (Line 3 -^ Line 2 x 100) Round to the nearest percent.
For example, 24.5% becomes 25%, 24.4 % becomes 24%.
(5)
%
Section 111 - Exemptions Instructions
• Complete this section if:you did not meet the recycled-content newsprint use goal of 5(> percent.
• You must keep records to document your claims, but don't send them to the Board at this time.
Section HI - Exemptions
Only three conditions exempt a consumer from meeting recycled-content newsprint use requirements for any
reporting period. Mark the exemption or exemptions you claim.
The recycled-content newsprint was not available at a comparable price to that for newsprint which is not
recycled-content newsprint. See Public Resources Code §42773 and regulation section 17966.
The recycled-content newsprint did not meet the quality standards established by the Board. See Public
Resources Code §42773 and regulation section 17964.
Exemption
Exemption
2
n
(1)
□
(2)
The particular grade of recycled-content newsprint would not have been available in a reasonable time. See Exemption
Public Resources Code §42773 and regulation section 17968. 3
n
(3)
Explain specific reason:
Section lA/^ - Gdd^ll^
• ;C
• Use tfe section <3h page 'i!;il£y(^
Section IV - Good Faith Certification
In order to make your certification of exemption in good faith, list all newsprint suppliers or producers with whom you had purchase
discussions or who offered to sell you recycled-content newsprint within the preceding 12 months. See Public Resources Code §42773.
Name of Operation
(1)
Contact person
(2)
Phone number
(3)( )
Mailing address
(4)
City
(5)
State
(6)
Zip
(7)
Page 806.264
Register 2000, No. 46; 11-17-2000
Title 14
California Integrated Waste Management Board
§ 18831
Company Name:
Certification Document Number:
Page 3
Section IV - Good Faith Certification
In order to make your certification of exemption in good faith, list all newsprint suppliers or producers with whom you had purchase
discussions or who offered to sell you recycled-content newsprint within the preceding 1 2 months. See Public Resources Code §42773.
Name of Operation
(I)
Mailing address
(4)
Contact person
(2)
City
(5)
Phone number
(3) ( )
State
(6)
Zip
(7)
Name of Operation
(1)
Contact person
(2)
Phone number
(3) ( )
(4)
(5)
'■ Mailing address
' (4)
i
! City
(5)
State
(6)
i Zip '
i(7) 1
Name of Operation
i (1)
i
1 Contact person
i (2)
Phone number
(3) ( )
i
i Mailing address
1 City
State
1 Zip
(6)
1(7)
Name of Operation
(1)
Mailing address
(4)
Contact person
(2)
■ City
; (5)
Phone number
(3) ( )
j State
j(6)
I
Zip
(7)
Name of Operation
(1)
Mailing address
(4)
Contact person
(2)
I City
I (5)
Phone number
(3)( )
State
(6)
Zip
(7)
; Name of Operation
i (1)
Mailing address
(4)
Contact person
(2)
I City
! (5)
Phone number
(3) ( )
State
(6)
Zip
(7)
j Name of Operation
I (1)
Contact person
(2)
Phone number
(3)( )
1
Mailing address
(4)
■City
! (5)
1
State
(6)
,
Zip
(7)
! Name of Operation
1 (1)
Contact person
(2)
Phone number
(3)( )
Mailing address
(4)
City
(5)
State
(6)
Zip
(7)
Name of Operation
(1)
Contact person
(2)
Phone number
(3)( )
-
Mailing address
(4)
City
(5)
State
(6)
Zip
(7)
Name of Operation
(1)
Contact
(2)
person
Phone number
(3) ( )
.
Mailing addre.s.s
(4)
City
(5)
State
(6)
Zip
(7)
Page 806.265
Register 2000, No. 46; 11-17-2000
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Company Name:
Certification Document Number:
Page 4
Optional Questions Instructions
• This section is optional
• We are collecting information on the transfer of newsprint.
• Copy the section before you complete it if you need more space.
Optional Questions
I To help us accurately assess the reliability and validity of the information contained in this certification and to determine if modification
[ to the regulations may be necessary, we would appreciate your completing this section.
Yes
No
(1) Have you sold newsprint to another consumer in the last five years?
(2) Have you traded newsprint with another consumer in the last five years?
(3) Average transactions per year?
k-
(4) Average metric tons per transaction?
To whom have you sold or traded newsprint in the last five years?
Page 806.266
Register 2000, No. 46; 11-17-2000
Title 14
California Integrated Waste Management Board
§ 18831
WASTE TIRE FACILITY
PERMIT APPLICATION
I. TYPE OF APPLICATION (please print or type)
SWIS#:
(— , New r—| Permit r— i Permit
'— ' Permit Renewal '— ' Revision
CIWMB use only
Date Received:
[—1 Application
Amendment
Date Accepted:
Date Rejected:
II. TYPE OF FACILITY
Q Existing
Q Proposed
□ Major Waste Tire Facility (5,000 or more tires)
□ Minor Waste Tire Facility (500 or more tires, but less than 5,000)
III. GENERAL INFORMATION
Facility Name:
Facility Mailing Address:
City:
County:
State:
Zip:
Phone:
Facility Location (if different from mailing address):
City:
County:
State:
Zip:
Phone:
Assessor's Parcel Number(s):
GPS Coordinates:
Site Acreage:
Facility Operator's Name:
Mailing Address:
City:
:
County:
State:
Zip:
Phone:
Property Owner's Name (if different from operator):
Mailing Address:
City:
County:
State:
Zip:
Phone:
IV. AGENCY INFORMATION
Fire Authority Agency Name:
Contact Person:
Phone:
Vector Control/Mosquito Abatement Agency Name:
Contact Person:
Phone:
V. TYPE AND QUANTITY OF WASTE TIRES
Type of Waste
Tires Received:
n Whole Passenger D Whole Truck
D Whole Tractor
n Split Tires
Q Whole Earthmover/Construction Equipment
D Cut Tires -
Q Shredded Tires
D Other: '
Number of Waste Tires Stored or Maintained On-Site:
Maximum Capacity:
CIWMB 500 (10/02)
Page 806.267
Register 2003, No. 14; 4-4-2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
APPLICATION FORM
Page 2 of 2
DRAFT
VI. EQUIPMENT
Types of On-Site
Processing Equipment:
□ Stationary Shredder
D Bailer
D Splitter
D Cutter
D Mobile Shredder
D Other:
VII. PROPOSED CHANGE TO FACILITY
n Design (describe):
n Operation (describe);
n Administrative (describe):
O No Change:
Proposed Date of Change;
VIII. REQUIRED DOCUMENTS (attachments)
Major & Minor WTF:
r~| Operation Plan rn Environmental Form r~] Emergency Response Plan
' — ' (CIWMBSOI) ' — ' (CIWMB502) ' — ' (CWMB 503)
□ Vector Control Info. □ Fire Department Info. □ Property Lease Agreement
□ Verification that applicable local, state, and federal permits and approvals have been acquired.
For Major WTFs, also
include the following:
n Closure Plan ri Reduction/Elimination Plan D Financial Assurance ^k
' — (CIWMB 504) — — ^^^
n Operating Liability
IX. OWNER SIGNATURE
/ certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or
persons who manage the system or those persons directly responsible for gathering the information, and certify that the information
submitted is, to the best of my knowledge and belief, true, accurate and complete.
Property Owner or Agent Signature;
Typed Name & Title;
Date;
X. OPERATOR CERTIFICATION
/ certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or
persons who manage the system or those persons directly responsible for gathering the information, and certify that the information
submitted is, to the best of my knowledge and belief, true, accurate and complete.
Facility Operator or Agent Signature:
Typed Name & Title;
Date;
CIWMB 500 (10/02)
Page 806.268
Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18831
WASTE TIRE FACILITY
OPERATION PLAN
California Code of Regulations (CCR), Title 14, §18432 requires that an Operation Plan be submitted as part of a waste tire facility
permit application. For ease of reference, the applicable CCR section numbers are indicated where appropriate on this form.
I. GENERAL INFORMATION (please print or type)
SWIS #:
Facility Name:
Facility Mailing Address:
City:
County:
State:
Zip:
Phone:
II. FACILITY OPERATION DESCRIPTION (attach additional pages if necessary)
Days and hours of operation:
Days and hours open to public:
How will waste tires be received?
D Self Haul D Common Carrier D Public D Other-
How will waste tir-es be stored?
n Outdoors (Complete Sections I, II, HI, V, arid VI)
and/or
n Indoors (Gomplete Sections 1, iJ, IV, V, and VI)
Describe storage method(s):
Describe on-site processing (e.g., shredding, buffing, milling, baling, product manufacturing, etc.):
Haul Destinations/Sites:
You will be permitted for the maximum quantity qfiwaste tires that you intend to store: during the five year permit period, not to exceed
the amount that can be stored in compliance withal 4 (JCR.lDi\>ision 7, Chapter 3, Article X^, sections 17350 through 17356, i
Financial Assurances shall be based on the permitted qUdntityJ _ ■■^>^im%^^ :, ■
Maximuni quantity of waste tires to be stored:
III. OUTDOOR STORAGE REQUIREMENTS
A. FIRE PREVENTION MEASURES - §17351
On-Site Emergency Communications: □ Phone:
D'-Radio:
area code/number
type/channel, band, or net
On-Site Emergency Equipment:
O Orie,. dry chemical fire extinguisher
: Weight:
(~1 One, 2% gallon water extinguisher
O One, pike pole at least 10; feet in length
□ One round point arid one square point shoyel
Describe additional equipment prirsite^iAiny local fire authority requirements?' Att^^ agreement/approval.
CIWMBS0H9/02^
Page 806.269
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§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
OPERATION PLAN
Page 2 of 5
•
III. OUTDOOR STORAGE REQUIREMENTS CON'T
A. FIRE PREVENTION MEASURES CON'T - §17351
Water Supply (indicate flow in gallons per minute or containment capacities in gallons):
□ Hydrant/Capacity:
□ Water Tank/Capacity:
D Well/Capacity:
\ I Other, explain:
\Z\ Local fire authority agreement/approval (auach)
B. FACILITY ACCESS AND SITE SECURITY - §17352
Attendant Present?
n Yes n No
If Yes, days/hours present:
Access Control:
[~1 Perimeter Fencing O Locked Gates d Other, describe:
Is there access to the site for emergency vehicles?
n Yes D No
If No, explain:
C. VECTOR CONTROL MEASURES - §17353
CH Vector Control Plan aipproved/certi fie d by (attach):
O Local Environmental Health Depiartment
•
□ Mosquito Abatement District
O Other, specify:
Q Describe type of cover(s) or impermeable barrier(s) if utilized for vector control:
r~| Other vector contrbl measures, explain:
D. STORAGE OF WASTE TIRES - §17354
Provide the number of waste tire storage units (existing and/or proposed) and the dimensions of each. Indicate locations, by pile
number, with distances from structures and ptroperty boundaries on site map (attach additional pages if necessary):^
Pile# n Dimension (L X W X H): i ; . Cubic Feet Existing (E) or Proposed (P)
CIWMB 501 (9/02)
Page 806.270
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Title 14 California Integrated Waste Management Board § 18831
OPERATION PLAN
Pace 3 of 5
III. OUTDOOR STORAGE REQUIREMENTS CON'T
D. STORAGE OF WASTE TIRES CON'T - § 17354
Do any waste tire storage units exceed iO feet in height?
D No
I I Yes (attach fire authority approved requirements)
If Yes, explain:
Do any waste tire storage units exceed 5,000 sq. ft. in area?
D No
I I Yes (attach fire authority approved requirements)
If Yes, explain:
Do any waste tire storage units within 20 feet of a property line exceed 6 feet in height?
D No
I I Yes (attach fire authority approved requirements)
If Yes, explain;
Are waste tires stored less than 10 feet from the property line?
D No
I I Yes (attach fire authority approved requirements)
If Yes, explain:
Are waste tires stored less than 40 feet from vegetation or ptherflammable materials?
D -No
I I Yes (attach fire authority approved requirements)
if Yes, explain:
CIWMB 501 (9/02)
Page 806.27 1 Register 2003, No. 14; 4 - 4 - 2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
OPERATION PLAN
Page 4 of 5
III. OUTDOOR STORAGE REQUIREMENTS CON'T
D. STORAGE OF WASTE TIRES CON'T - §17354
Are fire lanes between adjacent waste tire storage units and between waste tire storage units and structures that are located either on-
site or olT-site less than the minimum width specified in §17354? • ". :'' ^- ■ ■ ■ ■■ ■
D No
I I Yes (attach fire authority approved requirements)
If Yes, explain:
Describe how surface water drainage will be diverted around and away from the waste tire storage area. Describe and/or indicate on
appropriate map (may be included on map required under Part V. Map Requirements on Page 5).
Describe how any nearby bodies of water will be protected from water or pyrolytic oil runoff in the event of a tire fire.
Describe and/or indicate on appropriate map (may be included on map required under Part V. Map Requirements on Page 5).
Are there grades or other physical, features that would interfere with fire fighting equipment or personnel?
D No
□ Y (existing facility - attach lire authority approved requirements)
' ^^ (new facility - see 5 1 7354(f)(2))
If Yes, explain:
If this Operation Plan is for anew waste tire facility, will itbe sited in an area subject to -inirnersion in water during a lOO-year storm?
D No
D Yes
If Yes, explain (i:e:, how the facility will be designed and operated so as to prevent waste tires from migrating off-site):
CIWMB 501 (9/02)
Page 806.272
Register 2003, No. 14; 4-4-2003
Title 14 California Integrated Waste Management Board § 18831
OPERATION PLAN
Page 5 of 5
IV. INDOOR STORAGE
INDOOR STORAGE REQUIREMENTS - §17356
□ Meets NFPA 23 ID Standards (attach verification)
[~1 Alternative standards approved by the local fire authority (attach approval)
V. MAP REQUIREMENTS (Minor facilities provide items a and b, Major facilities provide items a through T):
a. General area location, with additional larger scale if needed to show proximity to nearest town, city, or major highway.
b. Plot plan of site, drawn to scale, which shows:
1. Legal boundaries for which title or leasehold is held (attach copy of lease agreement for property, if applicable);
2. All buildings or structures on-site, indicating use; all other structures within 200 feet of site boundary;
3. Site access including road or street names;
4. Location offences, gates, and other access control measures; and
Dimensions of existing and planned tire storage units, fire lanes, fire breaks.
c. Site topography, including:
1 . Drainage swales, ditches, berms, surface waters, wetlands, 1 00 year floodplain boundary, and other drainage features;
Wooded areas; and
Other appropriate physical features.
d. Loading, unloading, salvage, and processing areas.
e. Locations of fire hydrants or wells for fire fighting water supply; indicate flow capacities of hydrants, mains, and wells.
f Site surface material, e.g., asphalt, gravel, compacted earth, etc.
VI. OPERATOR CERTIFIGATIGN
/ certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the persons
directly responsible for gathering the information, and certify that the information submitted is. to the best of my knowledge and
belief, true, accurate and complete.
Operator Signature:
Typed Name & Title:
Date:
CIWMB 501 (9/02)
Page 806.273 Register 2003, No. 14; 4-4-2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
WASTE TIRE FACILITY
ENVIRONMENTAL INFORMATION
(THIS IS NOT A CEQA DOCUMENT)
The following information will aid in the environmental review of your application as required by the California Environmental
Quality Act (CEQA). IN ORDER FOR YOUR APPLICATION TO BE ACCEPTED AS COMPLETE, ANSWERS TO THE
QUESTIONS LISTED BELOW MUST BE COMPLETED TO THE BEST OF YOUR ABILITY. Failure to answer all questions
may result in your application being deemed incomplete and returned to you, causing delays in processing. If you need more space,
attach additional pages. Additional information may be required from you to clarify the information requested in this form.
GENERAL INFORMATION (please print or type)
SWIS #:
Facility Name:
Facility Operator's Name:
Mailing Address:
City:
County:
State:
Zip:
Phone:
Project Address (if different from operator):
City:
County:
State:
Zip:
Phone:
EXISTING WASTE TIRE FACILITIES
An existing waste tire facility is a facility which received, stored, or accumulated waste tires, or upon which waste tires were
discarded, on January I, 1990 (PRC 42808(a)).
Is the application for an existing waste tire facility:
D No D Yes
If Yes, indicate all changes in the design and operation of the facility that occurred between January 1, 1990, and the date 'of
submittal of this permit application: '-'
PROJECT DESCRIPTION
Provide a brief description of your project, including but not limited to, site acreage, type of construction activity, structures to be
built, and project operation: ..• ■ " -
rtWMR 502 (9/02>
Page 806.274
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1 itie 14
California Integrated Waste Management Board
§ 18831
ENVIRONMENTAL INFORMATION
Page 2 of 4
PROJECT DESCRIPTION CON'T
Discuss all items checked Yes or Maybe and include as attachments to your submittal.
Yes
No
Maybe
Substantial alteration of ground contours?
D
D
D
Change in scenic views or vistas from existing residential areas or public lands or roads?
D
D
D
Generation of significant amounts of solid waste or litter?
D
D
D
Changes in dust, ash, smoke, ftimes, or odors in vicinity?
D
D
D
Alteration of existing drainage patterns?
D
D
D
Facility sited on sloped terrain?
n
n
D
Use or disposal of potentially hazardous materials, such as flammables, explosives, or toxic
substances?
D
D
D
Substantial change in demand for municipal services (police, fire, water, vector control, sewage,
etc.)?
D
D
D
Proximity to wetlands, drainage, or bodies of water? ,
n
D
D
GOVERNMENTAL REQUIREMENTS
Before a final decision can be made on your Waste Tire Facility Permit Application, we must consider, as a responsible agency, the
information contained in an environmental document prepared in compliance with the requirements of the CEQA. If an
environmental document has been prepared for your project by another agency, we must consider it. If one has not been prepared, a
determination must be made as to who is responsible for the preparation of the environmental document for your project. The
following questions will aid us in the determination.
Contact your city/county planning or public works department for the following information:
Assessor's Parcel Number(s):
County Zoning Designation:
Is the project site consistent with the jurisdiction's Zoning designation?
D Yes D No
Is the project site consistent with the jurisdiction's General Plan?
D Yes D No
Was an environmental document prepared for the General Plan?
D Yes D No
If yes, what type of document was prepared? V~\ EIR F"! Negative Declaration
Date:
Was a Notice of Determination filed with city/county clerk?
D No D Yes
If Yes, attach a copy.
Will the city/county have to issue any permits or approvals for your project?
D No
□ Yes IfYes, check appropriate boxi^
□ Grading Permit
O Zoning Change
□ General Plan Change
D Other:
CIWMB 502 (9/02)
Page 806.275
Register 2003, No. 14; 4-4-2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ENVIRONMENTAL INFORMATION
Page 3 of 4
GOVERNMENT REQUIREMENTS CONT
If any permits have been obtained, list permit type and pemiit number for each (attach additional pages if necessary):
I. Permit Type:
Permit No:
Contact:
Phone:
Date:
Department:
2. Permit Type:
Permit No:
Contact:
Phone:
Date:
Department:
Are any additional state or federal permits required for your project? (e.g., Federal Regulatory Commission, U.S. Forest Service,
Bureau of Land Management, Soil Conservation Service, Department of Water Resources (Division of Dam Safety), Reclamation
Board, Coastal Commission, State Lands Commission, etc.). For each agency from which a permit is required, provide the following
information (attach additional pages if necessary):
1. Agency Name:
Permit:
Contact:
Phone:
Date:
I. Agency Name:
Permit:
Contact:
Phone:
Date:
Has your agency, or any permitting agency, prepared any environmental documents for your project?
n Yes, Submit a copy of the latest environmental document with this application, including a copy of the notice of determination.
CD No, Will any environmental documents be prepared by any permitting agency, other than the CIWMB for your project?
If No, explain:
SCH#:
Name of Environmental Document:
Note: The final environmental document (including notice of determination) or notice of exemption must be submitted to the Board.
Processing of your Waste Tire Facility Permit cannot proceed until such documents are submitted.
ENVIRONMENTAL SETTING
Describe the current land use of the facility and adjacent properties within 1,000 feet of the facility. If possible, attach photographs of
these areas. Date and label photos. .
On-site:
Adjacent Properties:
CIWMB 502 (9/02)
Page 806.276
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Title 14
California Integrated Waste Management Board
§ 18831
ENVIRONMENTAL INFORMATION
Page 4 of 4
ENVIRONMENTAL SETTING CON'T
Describe any existing vegetation at the facility and on adjacent properties. If any threatened or endangered species occur in the
project area or on adjacent properties, identify the species and indicate how they will be impacted by the proposed project. These
vegetation types should be shown in the photographs submitted.
On-site:
Adjacent properties:
Describe existing wildlife at the facility and on adjacent properties. If any threatened or endangered species occur in the project area
or on adjacent properties, identify the species and indicate how they will be impacted by the proposed project.
On-site:
Adjacent properties:
What changes in the project site and surrounding area will occur or are likely to occur because of construction and operation of your
project? Include in your answer such things as appropriate number and size/age of trees to be removed or areas of vegetation^rush
removal; area or extent of trenching, grading, excavation, plowing, or road, dam or building construction; etc.
Have any archeological reports been prepared for this project?
C Yes
If Yes, Name of Report:
Date:
C No
If No, will you be preparing an archeological report to satisfy another public agency"?
C No C Yes IfYes, Agency Name:
Do you know of any archeological or historic sites located within the general project area?
C No [I Yes IfYes, explain
OPERATOR CERTIFICATION
/ certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or
persons who manage the system or those persons directly responsible for gathering the information, and certify that the information
submitted is, to the best of my knowledge and belief true, accurate and complete.
Facility Operator or Agent Signature;
Typed Name & Title:
Date:
CIWMB 502 (9/02)
Page 806.277
Register 2003, No. 14; 4-4-2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
WASTE TIRE FACILITY
EMERGENCY RESPONSE PLAN
I. GENERAL INFORMATION (please print or type)
SWIS #:
Facility Name:
Facility Mailing Address:
City:
County:
State:
Zip:
Phone:
Facility Operator's Name:
Mailing Address:
City:
County:
State:
Zip:
Phone:
Property Owner's Name (if different from operator):
Mailing Address:
City:
County:
State:
Zip:
Phone:
IL EMERGENCY CONTACT LIST
List the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency:
Name
Phone
Facility Owner:
Facility Operator:
Local Fire Authority:
Local Environmental Health Dept:
Regional Water Quality Control Board:
Any additional numbers that may be needed:
III. EQUIPMENT
Emergency Response Equipment Available;
□ 1. Minimum equipment required:
O One, dry chemical fire extinguisher
Weight:
n One, 214 gallon water extinguisher
□ One, pike pole at least 10 feet in length
O One round point and one square point shovel
OR
Q 2. Equipment in lieu of the list above (attach fire authority approved requirements):
riWMB 503 r9/Q2^
Page 806.278
Register 2003, No. 14; 4-4-2003
Title 14 California Integrated Waste Management Board § 18831
EMERGENCY RESPONSE PLAN
Page 2 of 2
III. EQUIPMENT CON'T
Additional emergency response equipment present at the facility or available for use by the facility and how it is intended for use in
case of emergency (attach local fire authority requirements, if any): ■ ■
Attach a map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response
equipment (may include same map as required on Page 5 of the Operation Plan).
IV. EMERGENCY RESPONSE PROCEDURES
Describe the procedures that should be followed in the event of a fire, including procedures to contain and dispose of any pyrolytic oil
generated by the combustion of tires and any water used to fight the fire:
CIWMB 503 (9/02)
Page 806.279 Register 2003, No. 14; 4-4-2003
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
WASTE TIRE FACILITY
CLOSURE PLAN
GENERAL INFORMATION (please print or type):
SWIS #:
Facility Name;
Facility Mailing Address:
City:
County:
State:
Zip:
Phone:
Facility Operator's Name:
Mailing Address:
City:
County:
State:
Zip:
Phone:
Property Owner's Name (if different from operator):
Mailing Address:
City:
County:
State:
Zip:
Phone:
PART A
The operator shall attach to this form a written cost estimate in accordance with Part C, in current dollars, of the cost of hiring a
third party to close the major waste tire facility. Parts B and C shall be based on the maximum quantity of waste tires that the
operator intends to store during the five year permit period as specified in the Operation Plan, Form CIWMB 501 (9/02).
PARTE
The operator shall provide the following information to the Board prior to commencement of closure:
1. A closure schedule with a time period for completion (attach additional pages if necessary):
2. Details of the final disposition of the waste tires and waste tire products, in accordance with §18441(a). Include the name of
each business that will receive the waste tires and the amounts. Provide the address and phone number for each business
(attach additional pages if necessary): -' ■ ' ■■
3. A description of how the closure requirements of § 1 844 1 will be met (attach additional pages if necessary):
CIWMB 504 (9/02^
Page 806.280
Register 2003, No. 14; 4-4-2003
Title 14 California Integrated Waste Management Board § 18831
CLOSURE PLAN
Page 2 of 3
PARTC
Closure Cost Estimate Worksheet
The estimate shall be completed by the operator/owner or duly recognized representative to include the following information:
1 . The name, address, and telephone number of the authorized waste tire facility, where waste tires will be taken upon closure.
2. The cost estimate for a third party to cleanup the site along with the detail of how this estimate was calculated, as described
below. The estimate shall be developed for the activities anticipated for closure, including disposition of waste tires and tire
residues, equipment, labor and administration. Attach the cost estimate and all supporting documentation used in arriving at
the closure cost estimate.
Calculate the Total Closure Cost Estimate in dollars for the waste tire facility being closed. You may use the formula provided below
or an alternative formula that estimates the total cost to close the facility in accordance with applicable requirements.
> Total Closure Cost Estimate (TCC) -1.2 x (Transportation Cost + Destination Charge + Loading Cost + Administration Cost + Security Cosl)<
WHERE:
"Transportation Cost" represents the total cost of transportation for all loads of tires leaving the facility as well as the cost of the
vehicles returning. The Transportation Cost shall be computed using the following formula:
Transportation Cost ($) = M x MT x TC
Factor "M" (miles) represents the total distance (round trip mileage) to be covered by a vehicle transporting a load, from the
closing facility to a facility selected by the operator that would accept the waste tires in the form that they are, or will be stored
(e.g., shreds vs. whole). The destination facility shall meet the criteria in §1844 1(a) of Article 5, Chapter 6, Division 7, Title 14,
CCR.
Factor "MT" (number of round trips) represents the number of truck loads of waste tires that will be required during the cleanup.
The number of truck loads for a particular size waste tire is determined by dividing the total number of waste tires that are of one
size (e.g., passenger) by the number of waste tires of that size that can fit into one truck load. Fewer large over sized tires can be
hauled by the same truck that is also used for passenger tires. "MT" should be based on the maximum number of loads that will
be necessary to cleanup the site. This will be based on the maximum quantity of waste tires that the operator is seeking a permit
to store as specified in the Operation Plan, CIWMB Form 501 (9/02); however the method of storage shall be taken into
consideration. Fore example, if the operator intends to store only shredded waste tires in the future, but is presently storing whole
waste tires, the calculations should be based on whichever storage condition requires the greatest cleanup cost.
Factor "TC " ($ per load per mile) represents the cost per mile to transport a load of waste tires. The cost includes the average
expenses for transportation equipment, fuel, driver wages, tolls, and the vehicle's maintenance. This cost will vary based on the
size of vehicle.
"Destination Charge" represents the total cost of tipping fees or disposal fees for all loads of waste tires transferred from the cleanup
site to the destination facility. The Destination Charge shall be computed using the following formula:
Destination Charge ($) = MT x TF
Factor "MT" is described above.
Factor "TF" ($ per load) represents the cost to deposit waste tires at the destination facility. This may be a tipping fee or a
disposal fee. If the fee is expressed in dollars per ton then this number must be multiplied by the weight of the load in order to
yield dollars per load. The tipping fee should be based on the form of the waste tires (e.g., shreds vs. whole).
CIWMB 504 (9/02)
Page 806.281 Register 2003, No. 14; 4-4-2003
§ l^^^l BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
CLOSURE PLAN
Page 3 of 3
Closure Cost Estimate Worksheet Con't
"Loading Cost" represents the total cost of loading all loads of tires into vehicles at the closure facility and unloading the vehicles at
the final destination. The Loading Cost shall be computed using the following formula:
Loading Cost ($) = MT x LC
Factor "MT" is described above.
Factor "LC" ($ per load) represents the unit cost to load one vehicle with waste tires at the closing facility, and to unload the same
waste tires at the final destination. This cost includes operational expenses, which covers wages for workers and pro rated
expenses for rental or lease of equipment and machinery.
"Administration Cost" ($) represents the total cost of administration activities for the entire closure operation. This cost shall include
the wages for personnel overseeing the cleanup activities and other operating expenses for the entire project.
"Security Cost" ($) represents the total cost of security arrangements for the entire closure operation. This is the cost to secure the site
and restrict public access. This cost covers the expenses for the entire cleanup operation and includes installation of a site fence,
installation or repair of lighting, and wages for security guards, etc.
Notes:
1 . Total Closure Cost Estimate will vary according to the facility's design and operation as presented in the Operation Plan,
Form CI WMB 501 (9/02).
2. All costs will be added and then multiplied by the contingency factor of 1 .2 to estimate the Total Closure Cost for the
cleanup.
3. Any deviations from the above formula must be explained.
4. Complete a separate closure cost estimate worksheet if the waste tires are to be transported to more than one point of
destination.
OPERATOR CERTIFICATION:
/ certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or
persons who manage the system or those persons directly responsible for gathering the information, and certify that the information
submitted is, to the best of my knowledge and belief true, accurate and complete.
Facility Operator or Agent Signature:
Typed Name & Title:
Date:
CIWMB 504 (9/02)
Page 806.282 Register 2003, No. 14; 4-4-2003
Title 14
California Integrated Waste Management Board
§ 18831
•
State of California
CIWMB FORM 607
California Integrated Waste Management Board
VOLUNTARY RESIDUAL PERCENTAGE REPORTING FORM
I. General Information
A. Name of applicant:
B. Address:
C. Telephone number:
II. General Facility/Activity
A. Name of facility:
B. Address of facility:
C. County:
D. Telephone number:
III. Reporting Information
A. Period covered by report (month and year):
B. Number of operating days in the period
covered by report:
C. The total amount of material (cubic yards or
tons) received in the reporting period: (If the
volume is presented in cubic yards then
provide the conversion factor.)
D. The total amount of material of C. that
was diverted:
E. The total amount of material of C. that was
destined for disposal:
F. E./C. X 100 = %
A copy of the records for the period covered by the report:
n is included
^ is not included
The undersigned certifies that the information given and all attachments are true and accurate to the best of my knowledge
and belief.
Signature (Operator or Agent for Activity/Facility):
Date:
Print name:
Telephone number:
Title:
Page 806.283
Register 2005, No. 42; 10-21-2005
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
CIWMB 634 (2/03)
California Integrated Waste
Management Board
Farm and Ranch Solid Waste Cleanup and Abatement Grant
Application Cover Sheet
Applicant:
Mailing Address:
City & Zip Code:
County:
Primary Contact {Name & Title):
Phone:
Fax:
Email Address:
Assembly District(s)
Senate District(s):
D
Request for Grant Funds
I I Request for Reimbursement Grant
Brief Description of Project (3-5 Sentences):
Total Grant Request: $
Certification:
I declare, under penalty of perjury, that all information submitted for the CIWMB 's consideration for allocation of grant
funds is true and accurate to the best of my knowledge.
Signature of person as authorized in the resolution:
Type or pnnt name and title:
Date
Page 806.284
Register 2005, No. 42; 10-21-2005
•
Title 14 California Integrated Waste Management Board § 18831
State of California California Integrated Waste
CIWMB 634 (2/03) Management Board
INSTRUCTIONS FOR APPLICATION COVER SHEET
Applicant
This is the name of the entity that is submitting the application, e.g. City of Anaheim, Code
Enforcement Agency or Santa Clara County Local Enforcement Agency
Primary Contact
This person is responsible for carrying out the day-to-day management and implementation of the
project. All CIWMB correspondence will be directed to this individual.
Assembly and Senate Districts
List the district numbers for all districts affected by the proposed project.
Request for Grant Funds/Request for Reimbursement Grant
Indicate if request is for funds to clean up a site (Request for Grant Funds) or to reimburse for illegal
disposal site previously remediated. (Request for Reimbursement Grant).
Brief Description of Project
Include a three to five sentence summary of the proposed project. Include the number of sites to be
remediated.
Total Grant Request
The total number of dollars being requested from the CIWMB rounded to the nearest dollar. Do not
include applicant contributions or in-kind services.
Certification/Signatures
Please select the designated signature authority carefully because only the person in the designated
position will be able to sign the Grant Agreement Form and Payment Request Form.
Page 806.285 Register 2005, No. 42; 10-21 -2005
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
CIWMB 635 (2/03)
California Integrated Waste
Management Board
Farm and Ranch Solid Waste Cleanup and Abatement Grant
Site Characterization Form
Name of Site:
Parcel Number:
SWIS #:
Location:
Zoning:
Owned By:
Owners Mailing Address:
General Description of Site (History/Background):
Enforcement Status:
[H No Enforcement Action has been taken.
Q The following Enforcement Action has been taken:
Date
Enforcement Action
Owner Responsibility:
Page 806.286
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 18831
Site-Assessment''':-:;:v; .'^^^' '■'-■;:,., /"'"^ lr'-'^:H:, '"":■;■■'-■; s''''''^^^l:-:'''^^
Provide estimate of waste types. Specify units (cubic yards, gallons, number, etc) and quantity
Waste^ CharacteiTzatibn: -I: V
Unit
Quant.
Industrial
Household Waste;
Household Hazardous Waste
Appliances:
Liquid
Tires:
Agricultural Waste
Automotive/metal:
Electronic Waste (Ws, computers)
Construction/Debris:
Other
Dimensions of Disposal Area: long X wide X high
Approximate amount of waste:
cubic yards
Land Use^^^^^^^^^^^^^^'^^p^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^"^^^^^^^^^^^^^^^^,^^^^ ^^^^^^^^^^ f W^
'^■W^v}m.,.:.W%:::: ■:::r^:!k. V-:^.vV:v;;;i:^:. 6fthe'.Waste^:>v;V -'Wi^. ^l- -of the Waste--,. '^'\-
Rural residential:
Density of 1 home per acre or less
nYES
nNo
nYES
nNo
Residential:
Density of 2 homes per acre or more
nYES
nNo
nYES
Hno
Surface Water Bodies: (circle one)
Lakes, rivers, streams
(seasonal and year around)
nYES
nNo
nYES
nNo
Water Supply Wells: (circle one)
{potable / non-potable}
nYES
nNo
nYES
Hno
Environmentally Sensitive Area:
(explain below)
nYES
nNo
nYES
nNo
Planned Improvements
(explain below)
nYES
nNo
Hyes
UNO
Land Use Explanation:
Soil Type (check appropriate soil type)
n Clay, silt, loam (low permeability)
n Sand, pebble (medium permeability)
n Gravel, cobble, (high permeability):
Mean annual precipitation (Yr. 24-Hr. (in)
Estimated separation between waste and ground water (ft):
Is the waste area within a 100-year flood plain? n Yes n No
Page 806.287
Register 2005, No. 42; 10-21-2005
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
State of California
Integrated Waste Management Board
General Information: (please print or type)
CIWMB-643 (NEW 4/2002)
Clean Up Plan
Site Name:
Address:
Phone:
Site Operator Name:
Employee in Charge of
Operations on Site:
Mailing Address:
Phone:
Property Owner Name:
Mailing Address:
Phone:
PART A
The operator shall attach to this form a written cost estimate in accordance with Part C, in current dollars, of the cost of hiring a third party to clean
up the site. Parts B and C shall be based on the maximum quantity of debris to be stored on site.
PARTE
The operator shall provide the following information to the board prior to the commencement of the clean up:
1. A clean up schedule with a time period for completion
2. Details of the final disposition of the debris. Include the name of each business that will receive the debris and the amounts. Provide also the
address and phone number for each business.
PARTC
CLEAN UP COST
ESTIMATE WORKSHEET
The estimate shall be completed by the operator or duly recognized representative to include the following information:
1) The name, address, and telephone number of the site where the debris will be taken.
2) The cost estimate for a third party to cleanup the site along with the detail of how this estimate was calculated, as described below. The estimate
shall be developed for the activities anticipated for the clean up including disposition of the debris, equipment, labor and administration. Attach
the cost estimate and all supporting documentation used in arriving at the clean up cost estimate.
Calculate the Total Clean Up Cost Estimate in dollars for the operation or facility being cleaned up using the following formula:
Total Clean Up Cost Estimate (TCUC) = 1.2 X (Transportation Cost + Destination Charge + Loading Cost + Administration Cost + Security Cost)
Where:
"Transportation Cost" represents the total cost of transportation for all loads of debris leaving the site as well as the cost of the vehicles returning.
The transportation cost shall be computed using the following formula:
Transportation Cost ($) = M x MT X TC
Factor "M" (miles) represents the total distance (Round Trip Mileage) to be covered by a vehicle transporting a load, from the site being cleaned
to a facihty selected by the operator that would accept the debris in the form that they are, or will be stored.
Page 806.288
Register 2005, No. 42; 10-21-2005
Title 14 California Integrated Waste Management Board § 18831
Factor "MT" (number of round trips) represents the number of truck loads of debris tfiat will be required during the cleanup. The number of tmck
loads for a particular clean up is determined by dividing the total tonnage of debris by the tonnage of debris that can fit into one truck load. "MT"
should be based on the maximum number of loads that will be necessary to clear the site.
Factor "TC" ($ per load per mile) represents the cost per mile to transport a load of debris. The cost includes the average expenses for transportation
equipment, fuel, driver wages, tolls, and the vehicles maintenance. This cost will vary based on the size of vehicle.
The "Destination Charge" represents the total cost of tipping fees or disposal fees for all loads of debris transferred from the cleanup site to the destina-
tion facility. The Destination Charge shall be computed using the following formula:
Destination Charge ($) = MT X TF
Factor "MT" is described above.
Factor "TF" ($ per load) represents the cost to deposit the debris at the destination facility. This may be a tipping fee or a disposal fee. If the fee is
expressed in dollars per ton then this number must be multiplied by the weight of the load in order to yield dollars per load.
"Loading Cost" represents the total cost of loading all loads of debris in to vehicles at the site and unloading the vehicles at the final destination.
"Loading Cost" shall be computed using the following formula:
Loading Cost ($) = MT x LC
Factor "MT" is described above.
Factor "LC" ($ per load) represents the unit cost to load one vehicle with debris at the clean up site, and to unload the same debris at the final destina-
tion. This cost includes operational expenses which cover wages for workers and pro rated expenses for rental or lease of equipment and machinery.
"Administration Cost" ($) represents the total cost of administration activities for the entire clean up. This cost shall include the wages for personnel
overseeing the cleanup activities and other operating expenses for the entire project.
"Security Cost" ($) represents the total cost of security arrangements for entire clean up operation. This is the cost to secure the site and restrict public
access. This cost covers the expenses for the entire cleanup operation and includes installations of site fence, installations or repair of lighting, and
wages for security guards, etc.
Note: 1) All costs will be added and then multiplied by the contingency factor of 1.2 to estimate Total Clean Up Costs.
2) Any deviations from the above formula must be explained.
3) Complete a separate clean up cost estimate worksheet if the debris is to be transported to more than one point of destination.
OPERATOR CERTIFICATION
Operator certification: I certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person
or persons who manage the system or those persons directly responsible for gathering the information, and certify that the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
Operator Signature Date
Page 806.289 Register 2005, No. 42; 10-21-2005
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
CA Unlfdrm Waste and Used Tire Manifest
EXAMPLE 123
California Integrated Waste Management Board.
PO Box 1259, Sacramento, CA 95812-1259
Manifest Number
?r °p^f/''!rnt. INSTRUCTIONS ON BACK DO NOT TAPE. STAPLE OR DUPLICATE M 4-2 054220
'(10/D3)
By signing lliis CA Unifonn Waste and Used Tire Manifest, the signer(s) requests that the information provided on this form will be considered confidential, proprietary and/or a trade
secret. In accordance with Title 14, OCR, Section 1 7041 et seq., if a request is made for disclosure of this information, the CIWMB will contact the signer(s) of this form at the address
and telephone number provided on this manifest.
PART I: TO BE COMPLETED BY TIRE HAULER
DPIckUp
Delivery
Please complete if outside California
D Import/Export
State/Country
Hauler
Business Name
Address
City, State, Zip
Hauler's Business Phone
(include area code)
Load Date (mm/dd/yy)
' ' ' . . i. . ^
License Plate Number
Log Number
|L: !- i
State Decal Number
0; i : :■ j i i
. . . i I-
PLEASE PRINT FIRMLY
Hauler Exemption (if applicable)
n Government D LEA Exempt
n Agriculture D Common Carrier/
Back Haul
Indicate ('' applicable)
D In Transit Q Unregistered Hauler
I certify that under penalty of perjury under the laws of the State of California that the Infomiation provided above is true and correct. In addition, I am aware that falsification of this
infomiation may result in suspension, revocation, or denial of renewal of the Waste Tire Hauler Registration pursuant to Public Resources Code section 42960 and may result in civil
penalties up to $25,000 per day, per violation or administrative penalties up to $5,000 per violation per day as described in Public Resources Code section 42962.
Driver's Name (print)
Driver's Signature
Date
PART II: TO BE COMPLETED BY REPRESENTATIVE OPTIRE DEALER OR WASTE TIRE GENERATOR OR END.USEFAGILITY.
USE ACtUAL'LOCATION WHERETHETIRES ARE PICKED^UPOR DROPPED OFF, ir PLEASE PRINT FIRMlY
Business Name Facility's Business Phone (include area code)
Number & Street Address
City
Tire Program ID Site Suffix
State Zip Code
LOBdTypG (check only one) 1
I I Whole Tire Count | | Weight iii Pounds
I I Volume Cubic Yards [~] Weight in Tons
I I Address Same As Hauler
I I Change Of Address
l;;bad Amount
Whole Numbers only
for Whole Tire Count
Decimal
D Recycle D Fuel D Disposal/Landfill
2 Passenger Amount Oversize Amount Intended Use
5 D Retread/Reuse
«B Comment Area
5 Truck Amount Other Amount
.2
% . ;•: ! ■ • .
I certify that under penalty of petjury under the laws of the State of Califomia that the information provided above is true and correct. In addition, I am aware that falsification of this
information may result in civil penalties up to $25,000 per day, per violation or administrative penalties up to $5,000 per violation per day as described in Public Resources Code
section 42962.
Representative Name (print)
Representative's Signature
Page 806.290
Date 26187
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 18831
C A Uniform Waste and Used Tire Trip Log
AA P L E
1 2
California Integrated Waste Management Board
PO Box 1259, Sacramento, CA 95812-1259
Log Number
ciwm1!^w4) instructions on back do not tape, staple or duplicate
L 5-1 4443 72
Master Log Number
'311 - LII^
For logs that continue onto more than one page.
Decal Number
0
Initial Trip Date (mm/dd/yy)
/
/
~J"
Hauler Business Name
City, State, ZJp
G Change Of Address
Hauler's Business Phone (include area code)
By signing this CA Uniform Waste and Used Tire Trip Log, the signer(s) requests that
the information provided on this fomi will be considered confidential, proprietary
ancVor a trade secret. In accordance with Title 14, CCR, Section 17041 et seq., if a
request is made for disclosure of this information, the CI WMB will contact the
signer(s) of this form at the address and telephone number provided on this manifest.
Manifest Number
Mi
i i
A-»mt-'uav'i?''v.
J.oad Type
1 Whole Tire(Count)
]Volume{Cu.Yds.)
I Weight(Lbs.)
I Weight(Tons)
Load Amount
Decimal
;M:
rDjell^i:
I I Whole Tire(Count) L] Weight(Lbs.)
[3] Volume(Cu. Yds.) \_\ Welght(Tons)
M
Rjj^kup;;
I I Whole Tire(Count) L. I Weight (Lbs.)
[31 Volume(Cu. Yds.) [_| Weight(Tons)
M
Pickup
D(5llvery
O Whole Tire(Count) | ]Weight(Lbs.)
[^ Volume(Cu. Yds.) []] Weight(Tons)
M
^PjQkupv"
Delivery
[H Whole Tire(Count) LJ Weight (Lbs.)
[2]Volume(Cu.Yds.) I |Weight(Tons)
Ml
•PSfliW
I I Whole Tire(Count) | H Weight(Lbs.)
[2] Volume(Cu. Yds.) [ ] Weight (Tons)
iM
I Whole Tlre(Count) | | Weight(Lbs.)
I Volume(Cu. Yds.) |_J Weight (Tons)
iMi
EH Whole Tire(Count) [J Weight (Lbs.)
[_ J Volume(Cu. Yds.) 13] Weight(Tons)
IMI
[Z] Whole Tire(Count) [_] Weight (Lbs.)
[^ ] Volume(Cu. Yds.) Q Weight(Tons)
! i
iMl
iJ T
I "[
r I Whole Tire(Count) dl Weight (Lbs.)
[3Volume(Cu.Yds.) \~ [Weight (Tons)
J...
.!_ i J
under the laws of the State of California that the information provided above is P'saSG Indicate If applicable: Q Load in transit
Of
I certify under penalty of perjury under the laws of the utate of caiitomia that the information provl
true and correct. In addition, I am aware that falsification of this information may result in suspension, revocation, or denial of renewal of the
Waste Tire IHauler Registration pursuant to Public Resources Code sectbn 42960 and may result in dvii penaltes up to $25,000 per day, per P3gG
violation or administrative penalties up to $5,000 per violation per day as described in Public Resources Code section 42962.
Driver's Name (print)
Driver's Signature
Date
46058
Page 806.291
Register 2007, No. 42; 10-19-2007
§ 18831
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
CIWMB 1000
NOTICE OF DESIGNATION
OF LOCAL AGENCY
(14 CCR SECTION 18051)
(City)
(Name of Agency)
(Street Address)
(State)
(Date)
(Zip)
TO: CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
PLEASE TAKE NOTICE that the
has
been designated as the local agency in:
(Name of Local Agency)
on
(Date)
(County, City, or Special District)
( ) Attached is a sheet listing additional jurisdictions:
1. The designation was made in accordance with California Public Resources Code Section 43203, using the following procedure:
a. ( ) The local agency was designated by the County Board of Supervisors, and was approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area of the county;
b. ( ) A joint exercise of powers agreement pursuant to Government Code Section 6500, was formed as referenced in Public Resources
Code Section 43203(b);
c. ( ) The local agency was designated by the
since the
(City)
city has decided to designate a separate enforcement agency;
d. ( ) The County Board of Supervisors designated the local agency for the unincorporated areas of the county.
2. The above designation
Management Plan.
in specific accordance with the designation indicated in the County-wide Integrated Waste
(is) (is not)
3. The following are exceptions to our territorial jurisdiction shown in the first paragraph of this NOTICE: (Please include a map clearly identifying
the jurisdictional boundaries)
4. The name and address of the governing body of this local agency is:
(Name)
(Street Address)
(City)
(State)
(Zip Code)
(Telephone Number)
Page 806.292
Register 2007, No. 42; 10-19-2007
•
Title 14 California Integrated Waste Management Board § 18831
5. Name and address of the hearing panel or hearing officer of this local agency is/are:
(NaiTie(s))
(Street Address) (City) (State) (Zip Code)
( )
(Telephone Number)
6. The person responsible for direction, or management, of the local agency and its designated persons are:
(Name of Local Enforcement Agency Program Manager)
(Telephone No.)
(Name of Contact Person)
(Telephone No.)
7. All resolutions and other documents relevant to compliance with Public Resources Code Section 43203, and Title 14 California Code of Regula-
tions Sections 18051 and 18052, have been certified and are enclosed.
8. The undersigned certifies that the designated local agency is not the operating unit for any solid waste handling or disposal operation, solid waste
facility, or disposal site in the designated jurisdiction.
9. Attached is a listing of every permitted, closed, abandoned, exempt, illegal, and inactive solid waste facility and disposal site in the local agency
jurisdiction.
Signed by
(Local Governing Body or Authorized Representative)
(Typed or Printed Name)
(Title)
Note: New information necessary to update the contents of this form, other than
the designated agency or its jurisdiction, may be provided in letter format. Local
governing body signature is not required for minor change(s).
Page 806.293 Register 2007, No. 42; 10-19-2007
DESIGNATION and CERTIFICATION
PROCESS
99
OS
se
4^
Designated Local Agency
becomes
Local Enforcement Agency
PRC 43201
Designated Local Agency
submits EPP request
for certification
14 CCR 18076(a)
D.I. P.
incomplete
LGB notified
14 CCR 18054(a)
D.I. P. complete and I
accepted by staff |
LGB and DLA notified I
14 CCR 18054 II
Board becomes
Enforcement Agency
PRC 43201, 43204
and 43205
Single Board Action
EPP approval/disapproval
14 CCR 18076(b)
Certifications:PRC 43204
issue/deny
Designation: PRC 43201
approval/disapproval
YES
YES
Board staff (45 day)
EPP completeness and
acceptance
14 CCR 18076(a) (1&2)
NO
YES
Board Staff (60 day)
EPP content review
14 CCR 18076(b)
Designated LA corrects
EPP deficiencies
and resubmits to
Board 14 CCR 18076(b)
NO
YES
YES
Board staff report
and recommendations:
EPP- approval/disapproval
Certlf ication:PRC 43201
Issued/denied
Degignation:PRC 43204
approved/disapproved
Title 14
California Integrated Waste Management Board
§ 18831
State of California California Integrated Waste
CIWMB FORM 5000 (revised 12/96) Management Board
STANDARDIZED COMPOSTING PERMIT
1 . Facility/Permit Number (SWIS):
2. Name of Facility:
Address/Location:
3. Local Enforcement Agency:
Address:
4. Signature of Local Enforcement Agency Approving Officer:
5. Please Print or Type Name and Title of Approving Officer:
6. Date of Signature:
7. Date Received by CIWMB:
8. Signature of CIWMB Approving Officer:
9. Please Print or Type Name and Title of Approving Officer:
10. Date of Signature:
1 1 . Date of Permit Issuance:
12. Permit Review Due Date:
The facility for which this permit has been issued shall only be operated in accordance with the description provided in
the application pursuant to Section 18105.1 and Report of Composting Site Information pursuant to Section 17863.
Page 806.295
Register 2005, No. 42; 10-21-2005
§ 18831 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
13. Legal Descriplion of Facility: (description may be attached)
14. Findings:
a. This permit is consistent with standards adopted by the California Integrated Waste Management
Board pursuant to Pubhc Resources Code Section 44010.
b. An environmental determination (i.e., Notice of Determination), has been filed with the State
Clearing House (# ) for all facilities that are not exempt
from CEQA and documents pursuant to Public Resources Code Section 21081.6.
c. The following authorized agent has made the determination
that the facility is consistent with the applicable general plan, as required by Public Resources Code,
Section 50000.5(a).
d. The operation of this facility is consistent with the [ ] County Solid Waste Management Plan
(50000), or the [ ] County Integrated Waste Management Plan (50001).
e. The design of the proposed facility or the design and operation of an existing facility, as appropriate,
is in compliance with State Minimum Standards for Composting Operations Regulatory Requirements,
Title 14, Division 7, Chapter 3.1 (commencing with Section 17850) of the California Code of Regulations.
15. In addition to this permit, the facility may have one or more of the following permits or restrictions on its
operations. Persons seeking information regarding these items should contact the appropriate regulatory
agency.
Report of Composting Site Information
State Water Resources Control Board/Regional Water Quality Control Board Waste Discharge Requirements
or Waiver
National Pollutant Discharge Elimination System (Stormwater) Permit
Fire Protection District Findings
Mitigation and Monitoring Measures (pursuant to the California Environmental Quahty Act)
Conditional Use Permit
California Environmental Quality Act Environmental Impact Report or Negative Declaiation
Air Pollution Permits and Variances
Coastal Commission Restrictions
Page 806.296 Register 2005, No. 42; 10-21-2005
Title 14 California Integrated Waste Management Board § 18831
16. Terms and Conditions:
a. The operator shall comply with applicable state minimum standards set forth in Title 14, Division 7,
Chapter 3.1 (commencing with Section 17850) of the California Code of Regulations.
b. The operator shall comply with all mitigation and monitoring measures developed in accordance with
a certified environmental document filed pursuant to Pubhc Resources Code Section 21081.6.
c. The operator shall maintain a copy of this standardized permit at the facility to be available at all times
to facility, enforcement agency, or board personnel.
d. The operator shall maintain and make available for inspection by the enforcement agency and board
all correspondence and reports provided to other regulatory agencies that have jurisdiction over the facility.
e. The operator shall be responsible for identifying the types of feedstocks accepted for processing.
f. The design capacity of cubic-yards of material undergoing the composting process shall not
be exceeded. This requirement does not include on-site storage of feedstock or stabilized compost.
g. Additional clarifying information concerning the design and operation of the composting facility shall
be furnished upon written request of the enforcement agency, or the board.
h. The operator shall notify the enforcement agency, in writing, within thirty (30) days of receipt of the
test results, of any noncompliance with Sections 17868.2 and 17868.3 of Chapter 3.1, Division 7, Title 14,
of the California Code of Regulations.
i. Unless specifically permitted or allowed under Title 14, Division 7, Chapter 3. 1 of the California Code
of Regulations, the facility shall not accept the following materials:
( 1) Designated wastes as defined in Title 23, Chapter 15, Section 2522 of the California Code of Regulations
(2) Hot Ashes/Burning materials
(3) Medical wastes as defined in Section 25023.2 of the Health & Safety Code
(4) Hazardous Wastes as defined in Section 251 17 of the Health & Safety Code
(5) Liquid Wastes as defined in Title 23, Chapter 15, Section 2601 of the California Code of Regulations
(unless approved by RWQCB and the enforcement agency)
j. The following activities are prohibited:
(1) Scavenging
(2) Salvaging
(3) Discharge of wastes off-site
(4) Vector propagation or harborage
k. The facility , if located outside of a city , shall be maintained in compliance with the flammable clearance
provisions, pursuant to Public Resources Code Section 44151.
Page 806.297 Register 2005, No. 42; 10-21 -2005
§ 18900
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Chapter 10. Solid Waste Cleanup Program
Article 1. Authority
§18900. Scope.
(a) Regulations contained herein are promulgated pursuant to Public
Resources Code Article 2.5 of Chapter 2 ofPart 7 of Division 30. The reg-
ulations implement the Solid Waste Cleanup Program, a program for the
cleanup of sohd waste at disposal sites and solid waste at codisposal sites
where the responsible party(ies) either cannot be identified or is unable
or unwilling to pay for timely remediation and where cleanup is needed
to protect public health and safety and/or the environment.
(b) In implementing this program the Board is vested, in addition to
its other powers, with all the powers of an enforcement agency under Di-
vision 30 of the Public Resources Code.
(c) In administering the program authorized by Public Resources Code
section 48020 et seq. the Board may:
(1) Expend funds directly for remedial action;
(2) Provide loans to responsible parties who demonstrate the ability to
repay state funds for remedial actions on solid waste disposal sites and
codisposal sites;
(3) Provide matching grants to public entities for remedial actions on
solid waste disposal sites and codisposal sites; and
(4) Provide grants to public entities for the abatement of illegal dispos-
al sites.
NOTE; Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48021(b), 48021(c) and 48023(b), Public Resources Code.
History
1. New chapter 10 (articles 1-7, sections 18900-18932), article 1 (section 18900)
and section filed 9-1 1-2000; operative 9-11-2000 pursuant to Government
Code section 1 1 343.4(d) (Register 2000, No. 37).
Article 2. Definitions
§18901. Definitions.
For the purposes of this Chapter:
(a) "Abandoned site" means a site where no responsible party can be
identified or located.
(b) "Agreement" means a memorandum of understanding between the
Board and a local government.
(c) "Applicant" means a person or an entity applying for a loan, match-
ing grant, grant, or remediation managed by the California Integrated
Waste Management Board.
(d) "Board" means the California Integrated Waste Management
Board.
(e) "Borrower" means an applicant whose loan application has been
approved and who has executed a loan agreement.
(f) "Closed site," means a disposal site that has ceased accepting waste
and was closed in accordance with applicable statutes, regulations, and
local ordinances in effect at the time.
(g) "Codisposal site" means a hazardous substance release site listed
pursuant to section 25356 of the Health and Safety Code where the dis-
posal of hazardous substances, hazardous wastes, and solid waste have
occurred.
(h) "Grant recipient" means an applicant whose grant application has
been approved and who has executed a grant agreement pursuant to Pub-
lic Resources Code section 48021(b).
(i) "Illegal disposal site" means:
(1) A site where unauthorized disposal of solid waste has taken place
to the extent that cleanup may be required to protect public health and
safety and/or the environment, and
(2) The site is not permitted and not exempt from obtaining a permit
and is not closed or excluded from the requirement to obtain a Solid
Waste Facilities Permit.
(j) "Local government" means a local public entity that is a county,
city, district, or any other political subdivision deemed eligible by the
Board, but does not include the State.
(k) "Nuisance" includes anything which is injurious to human health
or is indecent or offensive to the senses and interferes with the comfort-
able enjoyment of life or property, and affects at the same time an entire
community, neighborhood, household or any considerable number of
persons although the extent of the annoyance or damage inflicted upon
an individual may be unequal and which occurs as a result of the storage,
removal, transport, processing or disposal of solid waste.
(/) "Order" means an enforcement action taken by the enforcement
agency or the board in the form of issuing a notice and order, a cease and
desist order, cleanup or abatement order, or a corrective action order as
authorized by Section 18304.
(m) "Person" includes an individual, firm, limited liability company,
association, partnership, political subdivision, government agency, mu-
nicipality, industry, public or private corporation, public or private
school, college, or university, or any other entity whatsoever.
(n) "Remedial action" means any action to abate, prevent, minimize,
stabilize, mitigate, or eliminate a threat to public health and safety and/or
the environment.
(0) "Repayment amount" means the amount equal to the amount ex-
pended by the Board for cleanup, the Board' s cost of contract administra-
tion, and an amount equal to the interest that would have been earned on
the funds expended for cleanup.
(p) "Responsible party" means:
(1) Any individual person; trust; firm; joint stock company; Native
American tribe; corporation, including a government corporation; part-
nership; joint venture; association; city; Ocounty; district; the state, in-
cluding any department or agency thereof; or any department or agency
of the United States to the extent authorized by federal law, who at the
time of disposal of any solid waste owned the property;
(2) The present owner or operator of the site at which solid waste has
been deposited;
(3) Any individual person; trust; firm; joint stock company; Native
American tribe; corporation, including a government corporation; part-
nership; joint venture; association; city; county; district; the state, includ-
ing any department or agency thereof; or any department or agency of the
United States to the extent authorized by federal law who by contract or
agreement disposed and/or transported solid waste to the site, or who
otherwise arranged for the transportation to and/or disposal of solid
waste at the site;
(4) Any individual person; trust; firm; joint stock company; Native
American tribe; corporation, including a government corporation; part-
nership; joint venture; association; city; county; district; the state, includ-
ing any department or agency thereof; or any department or agency of the
United States to the extent authorized by federal law who was the owner
or custodian of the solid waste that was deposited on the site.
(5) The term "responsible party," as defined above, may only be
construed within the context of this Article and Public Resources Code
sections 48020 et seq. and shall not be interpreted under any other local,
state, or federal statute.
(q) "Responsible party is unable to pay" means:
(1) The responsible party does not currently, have the financial ability,
as verified by independent audit, financial statements, or other documen-
tation acceptable to Board, to pay the costs of remediation necessary to
protect the public health and safety and/or the environment; or
(2) The responsible party does not have the legal power or authority
to perform required site cleanup.
(r) "Responsible party is unwilling to pay" means: the responsible
party has financial ability to pay for the costs of remediation necessary
to protect public health and safety and/or the environment, has been is-
Page 806.298
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 18907
sued an enforcement order to perform remediation, and has refused to
comply with the order.
(s) "Responsible party cannot be identified," means the responsible
party cannot be identified or found after a search of public records, inves-
tigation, and consultation with other enforcement agencies.
(t) "Threat" or "threaten" means a condition creating a probability of
substantial harm, when the probability and potential extent of harm make
it reasonably necessary to take immediate action to prevent, reduce, or
mitigate damages to persons, property, natural resources, or the public
health or safety.
(u) "Trust fund" means the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Public Resources Code section 48027 of Article
2.5 of Chapter 2 of Part 7 of Division 30.
(v) "Surplus Money Investment Fund" means the fund in which excess
state moneys are invested until the money is needed for its intended pur-
pose. The fund is administered by the state treasurer's office.
Note-. Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
I. New article 2 (section 18901) and section filed 9-11-2000; operative
9-1 1-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
Article 3.
Site Selection and Ranking
Criteria
§18902. Site Eligibility.
Candidate sites may be eligible for funding if:
(a) The site is a solid waste disposal site, codisposal site, or illegal dis-
posal site as defined in Section 18901;
(b) The responsible parties, either cannot be identified, located, or is
unable or unwilling to pay for timely and proper remediation; and
(c) Remedial action is required to protect public health and safety and/
or the environment.
NOTE; Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020(b) and 48021(c), Public Resources Code.
History
1. New article 3 (sections 18902-18904) and section filed 9-11-2000; operative
9-1 1-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
§18903. Site Prioritization.
(a) The Board shall prioritize sites for eligibility based on the follow-
ing factors:
(1) The actual or potential degree of risk to public health and safety
and/or the environment posed by conditions at the site as determined by
a comparison with state minimum standards (27 CCR, Chapter 3, Sub-
chapter 4, commencing with section 205 10 and Subchapter 5, commenc-
ing with section 21099.
(2) The ability of the site owner and or responsible parties to promptly
and properly remediate the site without monetary assistance;
(3) The ability of the Board to adequately remediate the site with avail-
able funds;
(4) The amount of contributions of money and/or in-kind services
from local governments and responsible parties;
(5) The availability of other appropriate federal or state enforcement
and/or cleanup programs to remediate the site.
(6) The ability to obtain site access for the proposed remediation.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020(b) and 48021(a), Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18904. Eligible and Ineligible Remedial Actions.
(a) Remedial actions taken pursuant to the Solid Waste Cleanup Pro-
gram shall, to the extent practicable, contribute to the efficient perfor-
mance of any anticipated long-term remedial action with respect to the
specific threat to public health and safety and/or the environment ad-
dressed under the program.
(b) Remedial actions that are appropriate for the use of funds include,
but are not limited to: waste removal and disposal; security measures
such as fences and warning signs; drainage controls; slope and founda-
tion stabilization; excavation, consolidation, and capping of waste areas;
field and laboratory testing; and installation of landfill gas and leachate
control systems.
This list is not exhaustive and shall not prevent the Board from taking
other necessary and appropriate actions and does not create a duty on the
Board to take action at any particular time.
(c) Ineligible actions include, but are not limited to: closure as defined
in Section 20164 of Title 27, Division 2 of the California Code of Regula-
tions; ground water remediation; operation and maintenance of leachate,
surface water, or vadose zone monitoring systems; closure and postclo-
sure maintenance services; improvements to property for postclosure
land uses; preparation of closure or postclosure maintenance plans; re-
moval, abatement, and cleanup or otherwise handling of only hazardous
substances as defined in the Comprehensive Environmental Response,
Compensation, and Liabihty Act of 1980 [42 U.S.C. section 9601(14)]
not codisposed with nonhazardous solid waste.
(d) The remediation of landfill or disposal site fires pursuant to this
chapter will only be eligible in situations where the fire is remediated as
one part of a project approved by the Board under the applicable criteria
for any other project approved for remediation under this program.
(e) Eligible activities regarding emergency actions at disposal sites
pursuant to this chapter include technical assistance to local emergency
response agencies. The Board may consider approval of funding of final
site remediation pursuant to this chapter after the emergency response if
all other applicable criteria are met.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
Article 4. Loans to Local Governments
§18905. Purpose.
(a) The Board may make loans directly from the trust fund to local gov-
ernment to assist in site remedial actions. The loans shall be used to assist
the Board in complying with Public Resources Code section 48020 et
seq.
(b) The regulations contained in this Article set forth the requirements
to apply for and receive loan funds from the taist fund.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
1. New article 4 (sections 18905-18912) and section filed 9-1 1-2000; operative
9-1 1-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
§18906. Loan Eligibility.
(a) Loans are available only to local governments that demonstrate:
(1) The site remediation is needed to protect public health and safety
and/or the environment; and
(2) The ability to repay the loan and to pay for costs of remediation that
exceeds the loan amount.
(b) Loan funds may be used only for those eligible costs pursuant to
Section 18904.
NoTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
§ 18907. Loan Requirements.
Loans made pursuant to this Article shall be subject to the following
requirements:
Page 806.299
Register 2005, No. 42; 10-21-2005
§ 18908
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(a) The terms. of any approved loan shall be specified in a loan agree-
ment between the borrower and the Board. Notwithstanding any term of
the agreement, any recipient of a loan that the Board approves shall repay
the principal amount plus interest on the basis of the rate of return for
money in the Surplus Money Investment Fund at the time of the loan.
(b) The Board shall not finance more than one million dollars
($1,000,000) per site.
(c) The term of any loan made pursuant to this Article shall be not more
than 20 years.
(d) The money from any loan repayments and fees, including, but not
limited to, principal and interest payments, fees and points, administra-
tive fees, recovery of collection costs, income earned on any asset recov-
ered pursuant to a loan default, and funds collected through foreclosure
actions shall be deposited in the trust fund.
(e) The Board or the Department of Finance may audit the recipient's
records regarding moneys received pursuant to this Article.
NOTE; Authority cited: Sections 40502 and 48025. Public Resources Code. Refer-
ence: Section 48027(c)(3), Public Resources Code.
History
]. New section filed 9-i 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18908. Loan Application Process.
(a) Applications from local governments for loan funds shall be ac-
cepted on a continuous basis.
(b) Jurisdictions with eligible sites shall submit an application package
which shall include but is not limited to the following information:
(1) A copy of the grant deed with legal description. The applicant must
be the owner or co-owner of the site, or the Sponsor (e.g. Redevelopment
Agency) of eligible cleanup of privately owned or leased lands within
their jurisdiction.
(2) Substantiation of threat to public health and safety or the environ-
ment by attaching applicable regulatory agency investigation documents
or enforcement orders, solid waste assessment tests (SWAT) reports, or
certified environmental assessment reports.
(3) A detailed Scope of Work and Cost Estimate prepared by a regis-
tered civil engineer.
(4) A document showing compliance with the California Environment
Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declara-
tion or Environment Impact Report).
(5) Demonstrate the need for the requested loan funds by attaching the
applicant's annual financial operating statements for the last three years
and interim (within 90 days) independent audits, and other evidence of
financial condition. Each statement must be certified by the original sig-
nature of the person completing the application.
(6) Identify and provide evidence of sources of funds to repay the loan
and pay for site cleanup costs that exceed the loan amount, certified by
the original signature of the person completing the application. In lieu of
collateral, the applicant must identify a guaranteed revenue source which
will be dedicated to repay the loan.
(7) A copy of an adopted resolution from the governing board or coun-
cil authorizing submittal of the application, certifying availability of lo-
cal funds needed to complete the cleanup, and identifying the title and
name of the individual authorized to execute any agreements, contract,
and requests for payment to carry out the project.
(8) Applications from joint power authorities consisting of several ci-
ties and/or counties must include a signed copy of a written agreement
between the governing bodies authorizing the loan applicant to act on
their behalf.
(9) Name, address, telephone number, and fax number of the applicant
(c) All materials submitted shall become property of the Board and
will be retained for a minimum of three years.
(d) Documents required in subsection (b) of this section shall be sub-
mitted to the principal place of business of the California Integrated
Waste Management Board.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000. No. 37).
§ 18909. Preliminary Review of Loan Applications.
Upon receipt. Board staff shall review each local government applica-
tion to determine whether the appHcation is complete. Within thirty (30)
days of receiving the application Board staff shall send a letter to the local
government with one of the following responses:
(a) The local government application is incomplete with specification
of the steps, if any, that the applicant may take to correct the identified
deficiencies. Applications that fail to supply the required information
shall be rejected from consideration for a loan; or
(b) The applicant is ineligible for a loan pursuant to Section 18906 of
this Article; or
(c) The applicant is eligible for a loan pursuant to Section 1 8906 of this
Article, the application is complete, and the application shall be eva-
luated by Board staff.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18910. Review of Complete Loan Applications and Board
Approval.
Upon deterinination that an application is complete. Board staff shall
review each application and prepare a summary of findings. Applica-
tions, which meet the following criteria shall be considered and a deci-
sion shall be made by the Board within ninety (90) days of the determina-
tion that the application is complete:
(a) The source of repayment is sufficient for the requested loan
amount; and
(b) The applicant has adequately demonstrated the appropriateness of
the loan for use in the project as specified pursuant to Section 18906(c)
of this Article.
NOTE: Authority cited: Sections 40502 and 48025. Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 11 343.4(d) (Register 2000, No. 37).
§ 1 891 1 . Loan Agreement.
(a) If the Board approves the loan, the applicant and the Board shall
enter into a written loan agreement that identifies and ensures com-
pliance with the terms and conditions specified in Section 18907 of this
Article and any other special conditions or terms that the Board deems
necessary on a case-by-case basis.
(b) All funds shall be disbursed and repaid pursuant to the terms of the
loan agreement.
(c) The borrower shall obtain prior written approval from the Board,
or its designated representative, for any changes in the loan agreement.
All requests shall include a description of the proposed change(s) and the
reason(s) for the change(s).
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
§ 18912. Financial Condition Notification.
(a) During the application process and any time thereafter, it shall be
the responsibility of the applicant or borrower to immediately notify the
Board of any change in financial condition that would make them:
(1) Financially able to perform remedial action without Trust Funds;
or
(2) Unable to repay the loan; or
(3) Unable to pay for remedial action costs that exceed the loan
amount.
(b) Any such changes in conditions or failure to notify the Board of any
such changes in conditions may nullify eligibility for use of Trust Funds.
Page 806.300
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 18918
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1 . New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000. No. 37).
Article 5.
Grants to Public Entities to Abate
Illegal Disposal Sites
§18913. Purpose.
(a) The Board may make grants directly from the tmst fund to public
entities to assist in site remediation actions. Grants shall be used to assist
the Board in complying with Public Resources Code section 48020 et
seq.
(b) The regulations contained in this Article set forth the requirements
to apply for and receive grant funds from the tnjst fund.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(c), Public Resources Code.
History
1. New article 5 (sections 18913-18919) and section filed 9-1 1-2000; operative
9-1 1-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
§18914. Grant Eligibility.
(a) Grants are available to public entities that demonstrate the follow-
ing:
( 1) The illegal disposal site remedial action is necessary to protect pub-
lic health and safety and/or the environment; and
(2) The public entity is authorized by resolution of their local govern-
ments to file an application with the Board for grant funds and enter into
and execute a grant agreement.
(b) Grants to public entities may only be used for remedial actions at
illegal disposal sites within their jurisdiction.
(c) Grant funds may be used only for those eligible costs pursuant to
Section 18904.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(c), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§18915. Grant Requirements.
Grants made pursuant to this Article shall be subject to the following
requirements:
(a) The terms of any approved grant shall be specified in a grant agree-
ment between the grant recipient and the Board.
(b) The Board shall not finance more than five hundred thousand dol-
lars ($500,000) per site.
(c) The Board or the Department of Finance may audit the recipient's
records regarding moneys received pursuant to this Article.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48027(c)(3), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-11-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18916. Grant Application Process.
(a) Applications for grant funds shall be accepted on a continuous ba-
sis.
(b) Public entities with eligible sites shall submit an application pack-
age which shall include but is not limited to the following information:
(1) Name of the site owner and a copy of the owner's grant deed with
legal description.
(2) Substantiation of actual or potential threat to public health and
safety or the environment by attaching applicable regulatory agency in-
vestigation documents or enforcement orders, solid waste assessment
tests (SWAT) reports, or certified environmental assessment reports.
(3) Preliminary Work Plan and Cost Estimate prepared by a registered
civil engineer. If local government resources to be reimbursed with grant
funds are proposed for site cleanup, costs shall be determined in accor-
dance with procedures in State Department of Transportation Standard
Specifications Section 9-1.03, Force Account Payment, except that
overhead and profit markups to direct cost of labor, materials, equipment
or subcontractors will not be allowed.
(4) Proof of Compliance with the California Environmental Quality
Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or
Enviromnental Impact Report).
(5) Evidence of owner's inability to pay for cost of site cleanup (e.g.
owner cannot be identified or found, owner is unable to pay for site clean-
up). Attach a copy of report of records search, financial statements or au-
dits of owner, and other documents to substantiate need.
(6) A copy of the adopted resolution from the governing board or
council authorizing the public entity to file an application and enter into
and execute a grant agreement, and naming the title of the individual au-
thorized to execute any agreements, contracts, and requests for payment.
(7) Name, address, telephone number, fax number of the applicant.
All materials submitted shall become the property of the Board and
will be retained for a minimum of three years.
(c) Documents required in subsection (b) shall be submitted to the
principal place of business of the California Integrated Waste Manage-
ment.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 thiough 48028, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
§ 18917. Preliminary Review of Grant Applications.
Upon receipt, Board staff shall review each application to determine
whether the application is complete. Within thirty (30) days of receiving
the application Board staff shall send a letter to the applicant with one of
the following responses:
(a) The application is incomplete with specification of the deadline
and steps, if any, which the applicant may take to correct the identified
deficiencies. Following receipt of such notice, applicants that fail to sup-
ply the required information or meet any specified deadline shall be re-
jected from consideration for a grant.
(b) The applicant is ineligible for a grant based on failure to meet crite-
ria under Section 18914 of this Article; or
(c) The applicant is eligible for a grant pursuant to Secfion 18914 of
this Article, that the application is complete, and that the application shall
be evaluated by Board staff.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-11-2000 pursuant to Government
Code secfion 11343.4(d) (Register 2000, No. 37).
§ 1 891 8. Review of Complete Grant Applications and
Board Approval.
Upon determination that an application is complete, Board staff shall
review each apphcation and prepare a summary of findings. Applica-
tions, which meet the following criteria, shall be considered and a deci-
sion shall be made by the Board within ninety (90) days of the determina-
tion that the application is complete:
(a) The Local Enforcement Agency shall provide ongoing inspection
and enforcement action to prevent recurring use of the illegal disposal
site;
(b) The applicant has adequately demonstrated the appropriateness of
the grant for use in the project as specified pursuant to Section 18904 of
this Chapter; and
(c) If the applicant is other than the Local Enforcement Agency, a copy
of the complete applicadon shall be sent to the Local Enforcement
Agency's office.
Page 806.301
Register 2005, No. 42; 10-21 -2005
§ 18919
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
NOTE: Authority cited: Sections 40,^02 and 48025, Public Resources Code. Refer-
ence: Section 48021(c), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 1 891 9. Grant Agreement.
(a) If the Board approves the grant, the applicant and the Board shall
enter into a written grant agreement that identifies and ensures com-
pliance with the terms and conditions specified in Section 1 891 5 and any
other special conditions or terms that the Board may deem necessary.
(b) All funds shall be disbursed pursuant to the terms of the grant
agreement.
(c) The grant recipient must obtain prior written approval from the
Board, or its designated representative, for any changes in the grant
agreement. All requests must include a description of the proposed
change(s) and the reason(s) for the change(s).
(d) The Board may terminate any grant in whole, or in part, at any time
prior to the date of completion whenever it is determined by the Board
that the recipient has failed to comply with the terms of the grant agree-
ment. The Board shall notify the recipient in writing of the reasons for the
termination of the grant and the effective date of the termination within
five working days of the determination to terminate.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
Article 6.
Matching Grants to Public
Entities
§18920. Purpose.
(a) The Board may make matching grants directly from the trust fund
to public entities to assist in site remedial actions. The grants shall be used
to assist the Board in complying with Public Resources Code section
48020 et seq.
(b) The regulations contained in this Article set forth the requirements
to apply for and receive matching grant funds from the trust fund.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
1 . New article 6 (sections 1 8920-18927) and section filed 9-1 1-2000; operative
9-1 1-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
§ 1 8921 . Matching Grant Eligibility.
(a) Matching grants are available only to public entities that demon-
strate the following:
( 1 ) The site remedial action is needed to protect public health and safe-
ty and/or the environment; and
(2) The ability to pay the costs of remedial action that exceed the grant
amount.
(b) Matching grant funds may be used only for those eligible costs pur-
suant to Section 18904.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-11-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18922. Matching Grant Requirements.
Matching grants made pursuant to this Article shall be subject to the
following requirements:
(a) The terms of any approved grant shall be specified in a matching
grant agreement between the matching grant recipient and the Board.
(b) The Board shall finance up to and not more than 50 percent of the
cost of any project up to a maximum of seven hundred and fifty thousand
dollars ($750,000) per site.
(c) The Board or the Department of Finance may audit the recipient's
records regarding moneys received pursuant to this Article.
NOTE; Authority cited: Sections 40502 and 48025, Public Resources Code, Refer-
ence: Section 48027(c)(3), Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Goveniment
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18923. Matching Grant Application Process.
(a) Applications for matching grant funds shall be accepted on a con-
tinuous basis.
(b) Jurisdictions with eligible sites shall submit an application package
which shall include but is not limited to the following information:
(1) A copy of the grant deed with legal description.
(2) Substantiation of threat to public health and safety or the environ-
ment. Attach applicable regulatory investigations or enforcement orders,
solid waste assessment lest (SWAT) reports, or certified environmental
as.sessment reports.
(3) A detailed Scope of Work and Cost Estimate prepared by a regis-
tered civil engineer. Cost of eligible and ineligible work must be itemized
separately. If local government resources to be reimbursed under this
grant agreement are proposed for site cleanup, costs shall be determined
in accordance with procedures in State Department of Transportation
Standard Specifications Section 9-1 .03, force Account Payment, except
that overhead and profit markups to direct cost of labor, materials, equip-
ment, or subcontractors will not be allowed.
(4) Proof of compliance with the California Environmental Quality
Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or
Environmental Impact Report).
(5) Demonstration of need for requested grant funds. Attach appli-
cant's annual financial operating statements for last three years, indepen-
dent audits, and other evidence of financial conditions.
(6) Identification of sources of funds to pay for local government
match and project costs not eligible for matching grant included in the
project.
(7) A copy of the approved resolution from the governing board or
council authorizing submittal of the application, certifying availability of
matching funds and funds for costs not eligible, and the naming title of
the individual authorized to execute any agreements, contract, and re-
quests for payment. This authorized individual will be the only person
whose signature the Board will recognize. Applications from joint power
authorities consisting of several cities and/or counties must include a
signed copy of a written agreement between the governing bodies autho-
rizing the grant applicant to act on their behalf.
(8) Name, address, telephone number, and fax number of the appli-
cant.
All materials submitted will become property of the Board and will be
retained for a minimum of three years.
(c) Documents required in subsection (b) shall be submitted to the
principal place of business of the California Integrated Waste Manage-
ment Board.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code secfion 11343.4(d) (Register 2000, No. 37).
§ 18924. Preliminary Review of Matching Grant
Applications.
Upon receipt, Board staff shall review each application to determine
whether the application is complete. Within thirty (30) days of receiving
the application Board staff shall send a letter to the applicant with one of
the following responses:
(a) The application is incomplete and specifying the deadline and
steps, if any, which the applicant may take to correct the identified defi-
ciencies. Following receipt of this notice, applicants that fail to supply the
required information or meet any specified deadline shall be rejected
from consideration for a grant; or
Page 806.302
Register 2005, No. 42; 10-21-2005
Title 14
California Integrated Waste Management Board
§ 18930
(b) Tlie applicant is ineligible for a matching grant pursuant to Section
18921 of this Article; or
(c) The applicant is eligible for a matching grant pursuant to Section
18921 of this Article, that the application is complete, and that the ap-
plication shall be evaluated by Board staff.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
I. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18925. Review of Complete Matching Grant Applications
and Board Approval.
Upon determination that an application is complete. Board staff shall
review each application and prepare a summary of findings. Applica-
tions, which meet the following criteria, shall be considered and a deci-
sion shall be made by the Board within ninety (90) days of the determina-
tion that the application is complete:
(a) The applicant's source of payment is sufficient to supply the
amount of funds needed that exceed the matching grant amount; and
(b) The applicant has adequately demonstrated the appropriateness of
the matching grant for use in the project as specified pursuant to Section
18902(c) of this Article.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(c), Public Resources Code.
History
1 . New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18926. Matching Grant Agreement.
(a) If the Board approves the matching grant, the apphcant and the
Board shall enter into a written matching grant agreement that identifies
and ensures compliance with the terms and conditions specified in Sec-
tion 18923 and any other special conditions or terms that the Board may
deem necessary on a case-by-case basis.
(b) All funds shall be disbursed pursuant to the terms of the grant
agreement.
(c) The matching grant recipient must obtain prior written approval
from the Board, or its designated representative, for any changes in the
matching grant agreement. All requests must include a description of the
proposed change(s) and the reason(s) for the change(s).
(d) The Board may terminate any matching grant in whole, or in part,
at any time prior to the date of completion, whenever it is determined by
the Board as a whole, that the recipient has failed to comply with the
terms of the matching grant agreement. The Board shall notify the recipi-
ent in writing of the reasons for the termination of the matching grant and
the effective date of the termination within five working days of the de-
termination.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18927. Financial Condition Notification.
(a) During the application process and any time thereafter, it shall be
the responsibility of the applicant or matching grant recipient to immedi-
ately notify the Board of any change in financial condition that would
make them either:
(1) Financially able to perform remedial action without Trust Funds;
or
(2) Unable to pay for remedial action costs that exceeds the matching
grant amount.
(b) Any such changes in conditions and/or failure to notify the Board
of any such changes in conditions may nullify eligibility for use of Trust
Funds.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
Article 7. Board Managed Remediations
§18928. Purpose.
(a) The Board may decide to expend available moneys to perform any
cleanup, abatement, or remedial action work required under the provi-
sions set forth in Section 18904 which is required by the magnitude of the
endeavor or the need for prompt action to prevent substantial pollution,
nuisance, or injury to public health or safety and/or the environment. The
action may be taken in default of, or in addition to remedial work by the
responsible parties or other persons and regardless of whether injunctive
relief is being sought.
(b) The Board may perform the work itself or in cooperation with any
other governmental agency. Notwithstanding any other provisions of the
law, the Board may enter into oral contracts for that work, and the con-
tracts, whether written or oral, may include provisions for equipment
rental and in addition the furnishing of labor and materials necessary to
accomplish the work. The contracts are exempt from approval by the De-
partment of General Services pursuant to section 10295 of the Public
Contract Code.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
1. New article 7 (sections 18928-18932) and section filed 9-1 1-2000; operative
9-11-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 37).
§ 1 8929. Cost Recovery.
(a) The Board shall pursue cost recovery for each site remediated with
funds in accordance with this chapter unless under limited circumstances
where a determination is made by the Board that cost recovery will not
be pursued based on factors including but not limited to: publicly owned
sites maintained in public benefit and use; property owner did not cause
the disposal of waste; property owner did not and will not gain a benefit
due to condition of property; value of property significantly less than cost
of cleanup; hardship to property owner; and in cases where a responsible
party cannot be identified.
(b) If a remedial action is taken in the case of threatened pollution or
nuisance by the Board and/or any governmental agency, any costs in-
curred by the Board and/or governmental agency are recoverable from
the responsible parties or parties who unlawfully caused such a condition
or conditions. Any and all responsible parties are joint and severably li-
able for any such costs. The amount of those costs shall be recoverable
in a civil action by, and paid to, the governmental agency and the Board
to the extent of the latter' s contribution to the cleanup costs from avail-
able funds.
(c) Reasonable costs shall include the amount expended, the Board's
costs of contract administration, and an amount equal to the interest that
would have been earned on the expended funds. The interest rate shall be
based on the rate of return for money in the Surplus Money Investment
Fund.
(d) Any and all responsible parties are joint and severably liable.
(e) The entry of judgement against any party to the action does not bar
any future action by the Board against any other person who is later dis-
covered to be potentially liable for costs paid from the trust fund.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48023, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
§ 18930. Responsible Parties Identification.
If, despite reasonable efforts by the Board to locate the person(s) re-
sponsible for the condition of pollution or nuisance, the person is not
identified at the time of cleanup, abatement, or remedial action work
Page 806.303
Register 2005, No. 42; 10-21-2005
§ 18931
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
must be performed, the Board shall not be required to issue an order under
this Chapter.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000; operative 9-1 1-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§18931. Eligibility.
Funds may be used only for those costs eligible pursuant to Section
18904.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Section 48021(b), Public Resources Code.
History
]. New section filed 9-1 1-2000; operative 9-11-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 37).
§ 18932. Board Approval.
Upon determination that a site is eligible pursuant to Section 1 8904 of
this Chapter, the site shall be considered by the appropriate Committee,
and if necessary, for final recommendation to the Board for approval
within ninety (90) days.
NOTE: Authority cited: Sections 40502 and 48025, Public Resources Code. Refer-
ence: Sections 48020 through 48028, Public Resources Code.
History
1. New section filed 9-1 1-2000: operative 9-1 1-2000 pursuant to Government
Code section 11343.4(d) (Register 2000, No. 37).
Mi * *
Page 806.304
Register 2005, No. 42; 10-21-2005
•
^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 8. Environmental Affairs Agency
Vol. 19
TMOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Environmental Affairs Agency
Table of Contents
Division 8. Environmental Affairs Agency
Table of Contents
Page
Page
Chapter 1. Final Application Procedures:
Local Government Coastal
Management Improvement
Program 807
§19001. Program Description.
§ 19002. Eligible Applicants and Projects.
§ 19003. Grant Process and Timetable.
§ 19004. Pre-Application.
§ 19005. Application.
§19006. Payment of Grant Funds.
§ 19007. Fiscal Requirements for Grants.
§19008. Program Reports.
§19009. Grant Closeout Procedure.
Chapter 2. Permit Reform Act Appeals to the
Secretary of Environmental
Affairs 814
§ 19020. Information Required to Appear on
Permit Applications.
§ 19021 . Appeals to the Secretary; Contents.
§ 19022. Deadline for Appeals.
§ 19023. Review by the Secretary.
§ 19024. Violations; Failure to Notify
Whether Apphcation Is Complete or
Deficient.
Chapter 3.
§ 19025. Violations; Refunds of Filing Fees;
Final Action Required.
Voluntary Registration of
Environmental Assessors
§ 19030.
Definitions.
§ 19031.
REA 1 Qualifications and
Application Procedures.
§ 19032.
R£A 1 Registration, Renewal and
Disqualification.
§ 19033.
REA II Criteria for Registration.
§ 19034.
REA II Application for
Registration.
§ 19035.
OEHHA's Review of Application.
§ 19036.
REA II Denial of Registration.
§ 19037.
REA II Renewal of Registration.
§ 19038.
REA II Rescission of Registration.
§ 19039.
REA 11 Appeal Procedures.
§ 19040.
REA II Audits.
§ 19041.
Performance Standards.
§ 19042.
State Licensing Match System.
§ 19043.
Limitations on Registration for
Aliens.
§ 19044.
Sunset Review.
815
Page
(10-13-2006)
Title 14
Environmental Affairs Agency
§ 19003
Division 8. Environmental Affairs Agency
Chapter 1. Final Application Procedures:
Local Government Coastal Management
Improvement Program
§ 19001. Program Description.
(a) Pursuant to SB 959 (Division 25 (commencing with Section
35000) of the Public Resources Code) the Coastal Resources and Energy
Assistance Act (Public Resources Code (PRC), Section 35000 et seq.),
the Secretary of Environmental Affairs (SEA) shall award grants total-
ling $10.5 million and on a competitive basis to coastal cities for plan-
ning, assessment, mitigation, permitting, monitoring and enforcement,
public services and facilities, and for other activities related to offshore
energy development. These city activities shall be consistent with re-
quirements of the State's Coastal Management Program as defined in the
California Coastal Act, PRC Division 20 commencing with Section
3000.
(b) In awarding grants, SEA will give priority to projects which ad-
dress existing and/or future impacts of offshore oil and gas activities and
any related onshore facilities, in accordance with PRC Section 35040. In
accordance with PRC Section 35040.5, any remaining funds may be
awarded to coastal cities with approved local coastal programs to assist
them in improving the management of the State's coastal resources. At
such time that funds become available for allocation under Section
35040.5, the appropriate application procedures will be issued by SEA.
(c) Grants provided to coastal cities shall not exceed 80 percent of the
cost of carrying out the project. Block grant funds provided pursuant to
the Coastal County Offshore Energy Assistance Program as defined in
the Coastal Resources and Energy Assistance Act must not be used as the
matching share under this program. In accordance with PRC Section
35081, grant funds shall be used only to augment and not be used to re-
place state funds allocated for the same eligible activities.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tions 35040, 35040.5, 35042 and 35081, Public Resources Code.
History
1. New Division 8 (Chapter 1 , Sections 19001-19009) filed 7-22-86 as an emer-
gency; effective upon filing (Register 86, No. 31). A Certificate of Compliance
must be transmitted to OAL within 1 20 days or emergency language will be re-
pealed on 11-19-86.
2. Division 8 (Chapter 1, Secfions 19001-19009) repealed by operation of Gov-
ernment Code Section 1 1346.1(g) (Register 87, No. 2).
3. New Division 8 (Chapter 1, Sections 19000-19009) filed 1-8-87; effective
upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 87, No.
2).
§ 19002. Eligible Applicants and Projects.
(a) Any coastal city is eligible to apply for grant funds. For purposes
of this program, "coastal cities" are considered as those cities whose city
boundaries are located wholly or partially within the coastal zone as de-
fined in the California Coastal Act, as amended (Public Resources Code,
Division 20, commencing with Section 30000). Projects addressing ex-
isting and/or future impacts of offshore energy development will first be
considered. Upon determination of unused funds, SEA will invite appli-
cations to consider funding other projects pursuant to PRC Section
35040.5.
(b) Offshore energy development includes activities such as explora-
tion, production, processing, transportation, and refining of offshore oil
and gas from State and federal waters off California. Projects which ad-
dress impacts of these activities may be eligible for funding. The follow-
ing are examples of potentially eligible projects:
(1) Planning and Assessment.
(A) Develop local policies, regulations, or ordinances regulating off-
shore energy related developments.
(B) Conduct studies to identify environmental and/or socioeconomic
impacts and mitigation measures associated with offshore energy devel-
opment.
(C) Develop local plans or mitigation programs to address offshore en-
ergy related impacts.
(D) Conduct siting sRidies for onshore energy facilities for processing,
transportation, and refining of offshore oil and gas.
(E) Develop an offshore energy planning process that is consistent
with requirements of the State's Coastal Management Program.
(F) Analyze offshore leasing, exploration, and development proposals
for purposes of commenting pursuant to the OCS Lands Act,(43 USC
1331-1356, 1801-1866), Coastal Zone Management Act, (16 USC
1451-1464), National Environmental Policy Act,(42 USC
4321 — 4347), California Environmental Quality Act,(PRC Sections
2100 et seq.), or similar statutes.
(2) Permitting, Monitoring and Enforcement.
(A) Develop a permitting, monitoring, and/or enforcement program
for purposes of implementing state or local plans, policies, permit condi-
tions, or regulations related to offshore energy development.
(B) Carry out monitoring and/or enforcement to ensure State or local
environmental goals are attained and maintained.
(C) Conduct socioeconomic monitoring.
(3) Mitigations.
(A) Provide new or improved public facilities and/or services required
to accommodate direct or indirect impacts of offshore energy develop-
ment.
(B) Prevent, reduce or mitigate losses of valuable environmental or
recreational resources when such losses are a result of offshore energy
development.
(C) Capitalize revolving loan funds to provide low cost loans to coas-
tal-dependent industries impacted by offshore energy development.
(D) Implement public information programs.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 35040, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 2).
§ 1 9003. Grant Process and Timetable.
(a) The schedule and key steps of this grant program are provided in
Table 1 . The application process consists of two stages.
(1) Stage One is pre-application. After informal consultation with the
Office of Offshore Development, coastal cities will prepare and submit
to SEA pre-applications for the projects which they believe should be
funded. Pre-applications shall be prepared in conformance with the in-
formation requirements of Section 19004(a) below. SEA will screen the
pre-applications based on the criteria in Section 19004(b). Projects
meeting all criteria will advance to Stage Two.
(2) In Stage Two, coastal cities will prepare draft applications for the
qualified projects. The application shall contain all information re-
quested in Section 19005(a). In accordance with Section 35040(b), the
drafts must be circulated locally and to the State Clearinghouse for public
comments. At least one public hearing must be held by the applicant dur-
ing the public comment period pursuant to Section 35040(b). Ten copies
of each draft shall also be submitted to the State Clearing House 30 days
prior to the public hearing, for review and comments by State agencies.
(b) Three copies of the final application shall then be submitted to
SEA. The applications will be reviewed, and eligible applications shall
be given a preliminary ranking according to the criteria in Section
19005(b). The preliminary rankings will be reviewed by SEA's Local
Government OCS Advisory Committee. The Secretary will then approve
the final rankings, and a notice of intent to award will be issued. As certi-
fication of compliance with California Environmental Quality Act
Page 807
(4-1-90)
§ 19004
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
(CEQA), in accordance with Public Resources Code sections 21000 et
seq. is completed by each applicant, the notice of intent to award will be
issued on individual projects. Note that compliance with CEQA must be
completed prior to the actual allocations of grant funds, in accordance
with Public Resources Code section 21150.
(c) Following the Secretary's decision, issue of the notice of intent to
award, a seven day protest period will be provided for filing a written ap-
peal to the Secretary. Reasons why an application should be reconsidered
shall be clearly stated. SEA shall determine whether or not to reconsider
a project. Findings will be provided for projects which have received re-
consideration. The decision of SEA shall be final. Rankings will be eva-
luated semi-annually in accordance with the ranking criteria described
in Section 19005(b).
(d) Work on the approved projects shall not be initiated until the grant
agreement is signed by SEA and the grantee. The agreement will include
the following:
(1) Work statement contained in the grantee's application (or as
amended per SEA evaluation);
(2) Schedule contained in the grantee' s application (or as amended per
SEA evaluation);
(3) Description of work products as contained in the grantee' s applica-
tion (or as amended per SEA evaluation);
(4) Written certification of compliance with the reporting and fiscal
accounting requirements in Sections 19007 and 19008, below;
(5) Written certification of comphance with special conditions (if
any);
(6) Written certification of compliance with CEQA, in accordance
with PRC Sections 21000 et seq., and other applicable rules and regula-
tions;
(7) Written certification of compliance with the State Coastal Manage-
ment Program as constituted in Section 30008 of the California Coastal
Act, PRC Division 20.
(e) The grantee shall obtain prior written approval from SEA before
making changes to the grant agreement. All requests should include a de-
scription of the proposed change and reasons for the change. Such change
may include budget line item revisions, task modifications, and schedule
changes.
(f) SEA may terminate any grant in whole, or in part, at anytime before
the date of completion, whenever SEA determines that the grantee has
failed to comply with the terms and conditions of the grant. SEA shall
promptly notify the grantee in writing of the determination, reasons for
termination, and appeal process. Payment made to the grantee or recover-
ies by SEA under grants terminated for cause shall be in accord with the
legal rights and liabilities of the parties.
(g) Projects funded under this grant program must be completed by
May 1989 unless otherwise approved by SEA. Exceptions will be eva-
luated and granted on a case-by-case basis at the application stage in ac-
cordance with the ranking criteria described in Section 19005(b) below.
Progress reports shall be submitted to SEA semi-annually, and a final re-
port shall be submitted within 30 days after the end of the grant term.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 3500, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 2).
TABLE 1 .
LOCAL GOVERNMENT COASTAL MANAGEMENT
IMPROVEMENT PROGRAM SCHEDULE
1986; 8/1 SEA disseminates program information and begins informal
consultation with coastal cities
10/1 Coastal cities submit pre-applications to SEA
11/1 SEA releases pre-application screening results
12/15 Coastal cities release draft applications for public comment and
submit ten copies of each draft applications to the State Clearing
House for circulation among the agencies 30 days prior to the
dates of the required public hearings. Each applicant will
announce public hearing date(s)
1987: 1/15 Public comments due to coastal cities
2/15 Coastal cities submit final applications to SEA
4/1 SEA submits preliminary rankings for review by the Local
Government OCS Advisoi7 Committee
5/1 SEA approves final ranking. SEA issues notice of intent to award
grant for individual projects on completion of certification of
compliance with CEQA.
5/8 Protest period ends
5/15 SEA will issue notice of grant award after seven day protest
period
10/31 Quarterly Financial Report
1988: 1/31 Semi-annual Progress Report and Quarterly Financial Report
4/30 Quarterly Financial Report
7/31 Semi-annual Progress Report and Quarterly Financial Report
10/31 Quarterly Financial Report
1989: 1/31 Semi-annual Progress Report and Quarterly Financial
Report
4/30 Quarterly Financial Report
5/31 Maximum Grant Term
6/30 Final Report
History
1 . New Table 1 filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operafion of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New secfion filed 1-8-87; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 2).
§19004. Pre-Application.
(a) Information Requirements.
(1) Name of coastal city.
(2) Mailing address.
(3) Name and title of the person in charge of the project.
(4) Name and title of the person responsible for fiscal management of
the grant.
(5) Brief (2-3 pages) project narrative including:
(A) Project description;
(B) Project objectives;
(C) Past and future offshore energy activities; potential impact or plan-
ning needs for the city and region (including size, severity, and likelihood
of impacts); estimate of the resources and populations affected; extent to
which the project will address the impacts or planning needs;
(D) Products;
(E) Expected benefits to the city and region;
(F) Description of current local planning, assessment, mitigation, per-
mitting, monitoring and enforcement, and public services and facilities
related to offshore energy activities; and the relationship of the proposed
project to these existing capabilities;
(G) Other funding sources pursued;
(H) Alternative means to accomplish the objectives of the proposed
project.
(6) Estimate of project costs and documentation of the required match-
ing funds (submit Exhibit 1).
(7) Work statement describing the major tasks.
(b) Pre-application Screening Criteria.
Page 808
(4-1-90)
Title 14
Environmental Affairs Agency
§ 19006
(1) Documentation of existing and/or future offshore energy impacts
on city.
(2) Cost effectiveness of the proposed project to address these impacts.
(3) Demonstration of local needs.
(4) Consistency with the purposes and allowable activities of Public
Fvesources Code Sections 35000 et seq.
(5) Extent to which the requested grant amount is used to leverage oth-
er funding sources, with a minimum matching share requirement of 20
percent of the total project cost as required under Section 35042, Public
Resources Code.
(6) Conformance with requirements of the State's Coastal Manage-
ment Program.
(7) Use of innovative approaches to address offshore energy issues.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 35040, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operafion of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Section 1 1346.1(g) (Register 87, No. 2).
§19005. Application.
(a) Information Requirements.
(1) Name of coastal city.
(2) Name and title of person in charge of the project.
(3) Name and title of person responsible for fiscal management of the
grant.
(4) Detailed project narrative (should follow the same format required
in the pre-application, as required in Section 19004(a)).
(5) Work statement describing tasks and products in detail.
(6) Description of needed resources with a completed fiscal applica-
tion attached (Exhibit 2).
(7) Project schedule to present the relationship between work tasks and
the amount of time required.
(8) Identification of applicable laws and regulations, including CEQA
and the State Coastal Management Program, and evidence of com-
pliance.
(9) Letters of commitment for matching funds.
(10) Summary of public comments and hearing held in compliance
with Section 19003(a)(2).
(b) Application Ranking Criteria.
(1) Documentation of existing and/or future offshore energy impacts
on city, including:
(A) type, extent, severity and duration of impacts.
(2) Comparison of project to alternatives, including cost effectiveness.
(3) Demonstration of need.
(A) Offshore energy impacts or planning issues which will be ad-
dressed by the proposed project.
(B) Urgency of the needs.
(4) Consistency with the purposes and allowable activities of Public
Resources Code Section 35000 et seq.
(5) Extent to which the requested grant amount is used to leverage oth-
er funding sources, with a minimum matching share requirement of 20
percent of the total project cost.
(6) Conformance with requirements of the State's Coastal Manage-
ment Program.
(7) Use of innovative approaches to address offshore energy issues.
(8) Timeliness of the project to address the issue or problem.
(9) Availability of alternative sources of funding.
(10) Likelihood that the project objectives will be achieved.
(11) Evidence of compliance with CEQA and other applicable laws
and regulations.
(12) Other overriding factors not reflected in the above criteria, but
consistent with the intent and purposes of Public Resources Code Sec-
tions 35000 et seq.
Note-. Authority cited: Section 35041 , Public Resources Code. Reference: Sec-
tion 35040, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Govemmeni Code
Section 1 1346.2(d) (Register 87, No. 2).
§ 1 9006. Payment of Grant Funds.
Payment of funds will be made on a quarteriy basis. The grantee may
request payment of funds in advance of or as reimbursement for work un-
dertaken during a given quarter. The grantee must indicate the option in
the financial application (Exhibit 2) and quarteriy financial status form
(Exhibit 3). The grantee opting for advance payment must also complete
the financial status report as a part of the grant application.
(a) Advance Payment Method.
(1 ) Grant funds may be paid in advance. In order to receive an advance
payment, the grantee must submit to SEA a completed financial status
form and a narrative statement justifying the anticipated expenditures, 45
days prior to the start of each 90 day funding period. For example, a pay-
ment request must be submitted by February 15 for the April-June quar-
ter.
(2) For the first 90 day period of the grant, a request for advance pay-
ment will be based on the estimated first quarter expenditures as detailed
in the initial quarterly financial report. Subsequent payments will be
based on the submitted quarteriy report, projected needs, and expendi-
tures for the previous quarter.
(3) SEA will not authorize payment for:
(A) any request submitted without the narrative justification or
(B) any single advance payment request for most or all of the grant
funds.
Exceptions may be considered when it can be conclusively demon-
strated by the grantee that expenditures will occur at the requested level
in any one calendar quarter.
(4) The grantee is required to keep track of expenditures and make ac-
curate estimates of cash needs for each quarter. A grantee neglecting to
document expenditures and keep cash balances to a minimum will be re-
quired to switch to the reimbursement method.
(b) Reimbursement Method.
A grantee choosing to receive funds as reimbursement must submit a
quarteriy financial stahis report to SEA within 20 days following the end
of each quarter. All reimbursement requests must be accompanied by
documentation of expenditures. SEA will not authorize payment for any
expenses not identified on the quarteriy report.
(c) Release of Funds.
(1) After SEA receives the appropriate reports, it will take approxi-
mately 45 days before the funds are released to the grantee. During the
45 day period, SEA will review all submitted reports and authorize the
accounting unit to file a claim with the State Controller's Office. When
the State Controller receives the claim, he will process it and issue a war-
rant to the grantee.
(2) SEA will not release funds if any of the agreements or terms of the
grant has not been kept. SEA will impose other prepayment conditions
as circumstances require.
(d) Retention.
SEA will retain 10 percent of each payment request. SEA will review
the grantee's final reports within 45 days after their submission. If SEA
determines that the terms of the grant have been met, the funds held in
retention will be authorized for release.
(e) Matching Share.
(1) Any financial assistance provided to coastal cities will not exceed
80 percent of the cost of the project. Grant funds provided to coastal coun-
Page 809
(4-1-90)
§ 19007
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
ties pursLiani to Section 35030 will not be used as the city's matching
share.
(2) As grant expenditures occur, the grantee's matcliing funds must be
used concurrently with state grant fund and not be held in reserve.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 3.')042, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87.
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 2).
§ 19007. Fiscal Requirements for Grants.
(a) Standards for Accounting and Financial Systems.
(1) The grantee shall establish a separate ledger account for receipt and
expenditures of grant funds. The expenditures will be for items contained
in the approved budget.
(2) Grantee financial management systems shall:
(A) Provide separate accountability for grant activities;
(B) Ensure that grant funds are not commingled with other funds;
(C) Include cash flow management procedures to minimize cash bal-
ances; and
(D) Feature accounting records that are supported by source docu-
ments.
(b) Budget Revisions.
The grantee may revise and expend original line item allotments up to
10 percent without approval of SEA. The grantee must request prior ap-
proval in writing from SEA for budget revisions in excess of 10 percent
of any line item. Petition for variance to this requirement may be ap-
proved when it is submitted with the application package. Budget revi-
sions include transfer of funds between line items or an increase or de-
crease in expenditures within a line item. When requesting approval for
a budget revision, the grantee shall use the budget format used in the orig-
inal grant application and attach a description of the proposed change, in-
cluding reasons for the charge, and references to specific sections of the
original grant agreement impacted by the change. Requests for budget re-
visions must be sent under a separate cover to SEA. SEA will respond in
writing to such requests within 30 days.
(c) Retention of Records.
Grant records, including financial records, performance reports, and
requests for advance payments, shall be retained for a period of four years
after the date of the final financial status report unless otherwise specified
in the grant agreement.
(d) Audits.
SEA or authorized designee reserves the right to make on-site inspec-
tions and audits of the grantee's records. Further, the grantee agrees to
incorporate an audit of this program within their scheduled agency audits
when requested by SEA. The grantee will inform SEA when audits are
scheduled. Upon written request from SEA, the grantee shall provide de-
tailed documentation of all expenses any time during the project.
(e) Financial Reports.
The grantee shall submit to SEA a quarterly financial report including
a narrative of the status and a completed financial status form (Exhibit 3).
The report shall contain projected and/or actual expenditures and re-
ceipts, and a payment request. This report shall also be submitted as a part
of the semi-annual progress reports and grant closeout.
(f) Program Income.
(1) Interest earned on advances must be reported on the financial status
report. Interest income must be disposed of in one of the following man-
ners:
(A) With prior approval from SEA, use to supplement grant funds to
offset eligible grant expenditures;
(B) With prior approval from SEA. use to offset grant funds required,
or;
(C) Submit a check payable to SEA for the full amount of the interest.
(2) All other income earned during the grant period shall be subject to
the same procedures used for interest income.
(g) Revisions.
These fiscal requirements are subject to revision as a result of changes
in state grant procedures. The grantee will be sent copies of revisions.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 35041, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86.
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effecUve upon filins pursuant to Government Code
Secuon 1 1 346.2(d) (Register 87, No. 2).
§ 19008. Program Reports.
(a) Semi-annual Progress Report.
(1) The grantee shall submit to SEA a progress report by July 31 and
January 31 of each year during the grant period. Each report shall include,
but not be hmited to:
(A) A discussion on whether the project tasks are on schedule;
(B) A discussion of any difficulties or problems encountered in ac-
complishing the work statement;
(C) Corrective actions that have been and/or will be taken the grantee
must obtain prior written approval from SEA before making changes to
the terms or conditions of the grant agreement;
(D) A financial report (see Section 19007(e)).
(b) Final Report.
(1 ) The grantee shall submit a final report within 30 days after the end
of the grant term. This report shall include, but not be limited to:
(A) A discussion of existing or projected offshore energy impacts
faced by the city, and the extent to which the project has addressed these
impacts;
(B) A statement of the objectives of the project and how these objec-
Uves were accomplished;
(C) A summary of all products, with a copy of all reports associated
with the project attached;
(D) A financial report (See Section 19007(e)).
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 35041, Public Resources Code.
History
1 . New section filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Secfion 11346.2(d) (Register 87, No. 2).
§19009. Grant Closeout Procedure.
In the grant closeout process, the grantee will refund all unexpended
grant funds, unused income, and credits to SEA unless other prior nego-
tiated arrangements have been made. A check made payable to SEA,
along with a final report, will be due 30 days after the end of the grant
term. Upon approval of the final report, SEA will release the funds held
in retention.
NOTE: Authority cited: Section 35041, Public Resources Code. Reference: Sec-
tion 35041, Public Resources Code.
History
1. New secfion filed 7-22-86 as an emergency; effective upon filing (Register 86,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code
Secfion 11346.2(d) (Register 87, No. 2).
Page 810
(4-1-90)
Title 14
Environmental Affairs Agency
§ 19009
EXHIBIT!.
LOCAL GOVERNMENT COASTAL MANAGEMENT IMPROVEMENT PROGRAM
(Section J 9004)
Secretary of Environmental Affairs
Fiscal Application For Grant Funds From The
Local Government Coastal Management Improvement Program Preapplication
1. Applicant /Payee: Name
Phone Number.
tOL
Dollars
$-
Street Address
City/ZIP
2. Contact Pers<«i: Name
3. Proposed Grant Period Jrona
4. Proposed Budget:
Expenditures:
Line Item
A. Salaries and Wages
B. Operating Expenses
C. Consulting Services
D. Constructioa Expends
E. Fixed Assets
Total, Proposed Expenditures
Funding:
A. Matching Funds:
B. Grant Funds
Total, Proposed Funding
5- Funding Method {check one) Advance
6. Certification:
1 certify to the best of my knowledge and belief, vmder penalty of perjury, that data
in this application are true and correct
Grantee Signature: Date:
Name and Title:
7. Grant Manager Approval:
Signature:
Reimbursement
DatCL
8. Secretary of Environmental AflEairs Approval
Signature:
9. Chief, Air Resources Board Fiscal Branch Approval:
Signature:
Date:
Date-
3
4
4A
4B
4C
4D
4E
Instructions for tiie
Local Government Coastal Management Improvement Program
Fiscal Application Form
Applicant/Payee: Indicate organization the warrant should be made
out to and include the appropriate address.
Contact Person: Individual who can respond to questions regarding
information contained in this application.
Proposed Grant Period: The proposed calendar period for this grant.
Proposed Budget: Expenditures:
Salaries and Wages: Costs include salaries, retirement, workers
compensation, employee benefits, group insurance, overtime, etc.
Operating Expenses: Identify the total costs for communications,
insurance, laboratory supplies, maintenance of equipment, strac-
tures, and grounds, memberships, office expenses, publications and
legal nonces, rents and leases, tools, travel, ufilities, and any other
expenses necessary for roufine office operations.
ConsuUing Services: Identify the total costs for contracted outside
services.
Construction Expenses: Identify the total costs related to construc-
fion activities.
Fixed Assets: Expenditures for assets exceeding $500 in value that
have a useful life of more than one year. Total, Proposed Expendi-
tures: Total the amounts for Expenditures A-E.
Proposed Budget: Funding:
4A Matching Funds: Identify the amount of matching funds the grantee
is going to contribute. This amount must be at least 20% of the pro-
posed expenditures pursuant to Secdon 35042 of the Public Re-
sources Code.
4B Grant Funds: Idenfify the requested level of grant funds. This
amount must be less than or equal to 80% of the proposed expendi-
tures pursuant to Section 35042 of the Public Resources Code. To-
tal, Proposed Funding: Total of the amounts for Funding A-B. This
total will match or exceed the total proposed expenditures.
5 Funding Method: Identify which method of payment the grantee de-
sires. See Item 6 of the procedures for definifion of methods.
6 Certification: Sign signature line and date it. Type in the name and
title.
7 Grant Manager Approval: Self explanatory.
8 Secretary of Environmental Affairs Approval: Self explanatory.
9 Chief, Air Resources Board Fiscal Branch Approval: The Air Re-
sources Board provides fiscal support to the Secretary of Environ-
mental Affairs.
HrSTORY
1. New Exhibit 1 filed 7-22-86 as an emergency; effective upon filing (Register
86, No. 3 1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Govemn\ent Code Section 1 1346.1(g) (Register 87,
No. 2).
3. New exhibit filed 1-8-87; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 2).
Page 811
(4-1-90)
§ 19009
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
EXHIBIT 2.
LOCAL GOVERNMENT COASTAL MANAGEMENT IMPROVEMENT PROGRAM
(Sections 19005 and 1006)
3
4
4A
4B
4C
4D
4E
Secretary Of Enviroomental Affairs
Fisca] Application For Grant Funds From The
Local Government Coastal Managemeat Improvement Program Application
I. Applicant/ Payee: Name
Street Address
aty/Zip
2. Contact Person: Name
3. Projjosed Grant Period from .
Phone Numher
to
DoUars
4. Proposed Budget (attach supporting schedules for each line item):
Ejcpenditures:
Line Item
A. Salaries and Wages
B. Operating Expenses
C Consulting Services
D. Construction Expenses
E. Fixed Assets
Totalj Proposed Expenditures
Funding:
A. Matching Funds: $
B. Grant Funds $
Total, Proposed Funding $
Funding Method (check one} Advance Eeimbursement
Certification:
I certify to the best of my knowledge and behef, under penalty of perjury, that data
in this application are true and correct.
Grantee Signature: Date:
Name and Title:
Grant Manager Approval:
Signature:
Secretar>' of Ejivirorunental Affairs Approval:
Signature:
Chief, Air Resources Board Fiscal Branch Approval-
Signature:
Date:
Date:
Date:
Instructions for the
Local Government Coastal Management Improvement Program
Fiscal Application Form
Applicant/Payee: Indicate organization the warrant should be made
out to and include the appropriate address.
Contact Person: Individual who can respond to questions regarding
information contained in this application.
Proposed Grant Period: The proposed calendar period for this grant.
Proposed Budget: Expenditures:
Salaries and Wages: Costs include salaries, retirement, workers
compensation, employee benefits, group insurance, overtime, etc.
Operating Expenses: Identify the total costs for communicadons,
insurance, laboratory supplies, maintenance of equipment, struc-
tures, and grounds, memberships, office expenses, publications and
legal notices, rents and leases, tools, travel, utilities, and any other
expenses necessary for routine office operations.
Consulting Services: Identify the total costs for contracted outside
services.
Construction Expenses: Identify the total costs related to construc-
tion activities.
Fixed Assets: Expenditures for assets exceeding $500 in value that
have a useful life of more than one year.
Total, Proposed Expenditures: Total the amounts for Expenditures
A-E.
Proposed Budget: Funding:
4A
4B
Matching Funds: Identify the amount of matching funds the grantee
is going to contribute. This amount must be at least 20% of the pro-
posed expenditures pursuant to Section 35042 of the Public Re-
sources Code.
Grant Funds: Identify the requested level of grant funds. This
amount must be less than or equal to 80% of the proposed expendi-
tures pursuant to Section 35042 of the Public Resources Code. To-
tal, Proposed Funding: Total of the amounts for Funding A-B. This
total will match or exceed the total proposed expenditures.
Funding Method: Identify which method of payment the grantee de-
sires. See Item 6 of the procedures for definition of methods.
Certification: Sign signature line and date it. Type in the name and
title.
Grant Manager Approval: Self explanatory.
8 Secretary of Environmental Affairs Approval: Self explanatory.
9 Chief, Air Resources Board Fiscal Branch Approval: The Air Re-
sources Board provides fiscal support to the Secretary of Environ-
mental Affairs.
History
1. New Exhibit 2 filed 7-22-86 as an emergency; effective upon filing (Register
86, No. 3 1 ). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87
No. 2). V6/V 5
3. New exhibit filed 1-8-87; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 2).
7
Page 812
(4-1-90)
Title 14
Environmental Affairs Agency
§ 19009
EXHIBIT 3.
LOCAL GOVERNMENT COASTAL
MANAGEMENT IMPROVEMENT PROGRAM
(Sections 19006 and J 9007)
Secretary of Environmental Affairs
Local Government Coastal Management Improvement Program
Financial Status Form
la. Grantee Nanie and Address:
2. Grant No.
Page 1 of 2
3. Grant Period from
to
lb.
Contact Person;
Name
Phone No.
5. Expenditure and Funding Statement
Expenditures:
Line Total This
Item Budget Quarter
4. Type of Report:
Initial
Quarterly
Final
This quarter is quarter
of
from to
Unliqui-
To dated
Unen-
cumbered
Date Obligations
Balance
A. Salaries and
Wages $ $ $ $ $ . „
B. Operating
Expenses
C. Consulting
Services __„.^___
D. Construction
Expenses
E. Fixed
Assets ....
Total Expendi-
ture $ $ $ $ $
6. Funding:
A. Matching $ $ $ $ $
B. Other
C. Grant Funds $ . $ $ $ $
Total Funds $_ $ . $ $. $
7. Cash on Hand Status Statement
A. Cash on hand at end of this quarter $
8. Interest Statement
A. Interest earned on grant funds during this quarter $
B. Itemized expenditure of interest this quarter $
Total of interest expended this quarter 3
C. Total interest earned to date 5
D. Total interest expended to date $
9. Funding Method (check one) Advance Reimbursement
10. Grant Funds Requested |
11. Comments:
12. Certification:
1 certify to ttae best of my knowledge and belief, under penalty of perjury, that these
reports are correct and complete and that all information provided is in accordance
with the grant agreement
Grantee
Signature: . Date:
Name and Title:
(printed or typed)
13. Grant Manager AK>roval:
Signature:
14. Chief. Office of Off^ore Development Approval:
Signature:
Date:
Date:
15. Accounting Use Only:
SEA Retention: %
Scheduled Amount:
Date:
Page 813
(4-1-90)
§ 19020
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Instructions for the
Financial Status Report
la Grantee Name and Address: Self explanatory,
lb Contact Person: Individual who can respond to questions regarding
information contained in this report.
2 Grant No.: Assigned by the Secretary of Environmental Affairs
upon approval of the Grant Application.
3 Grant Period: Calendar period for this grant.
4 Type of Report: The initial report will be used by a grantee request-
ing an advance prior to start up of the project. All other types of re-
ports are self explanatory. Include the appropriate reporting period.
5 Expenditure and Funding Statement (Use whole dollars only)
Total Budget: This column must reflect the budget as shown in the
Grant Agreement. Refer to the guidelines for instructions regarding
budget revisions.
This Quarter: Appropriate expenditure totals for line items during
the period of this report. A grantee using the advance payment meth-
od should include actual and anticipated expenditures. Anticipated
expenditures should be detailed in the Comments section.
To Date: Appropriate cumulative expenditure totals for line items
from the beginning of the project up to the ending date of this report
period.
Unliquidated Obligations: All funds obligated on purchase orders,
contracts, etc., but not expended.
Unencumbered Balance: All funds available for expenditure or ob-
ligation. (Total Budget less To Date and Unliquidated Obligations
equals Unencumbered Balance.)
Expenditures:
5A Salaries and Wages: Salaries, retirement, workers compensation,
employee benefits, group insurance, overtime, etc.
5B Operating Expenses: Communications, insurance, laboratory sup-
plies, maintenance of equipment, structure, and grounds, member-
ships, office expenses, publications and legal notices, rents and
leases, tools, travel, utilities, and any other expenses necessary for
routine office operations.
5C Consulting Services: Contracts for outside services.
5D Construction Expenses: All costs for related constmction activities.
5E Fixed Assets: Expenditures for assets exceeding $500 in value that
have a useful life of more than one year.
6 Funding:
6A Matching Interest, and other funds: Each of these items will be iden-
tified on their respective line. District matching funds must total at
least 20% of the total grant funds expended pursuant to Section
35042 of the Public Resources Code.
6B Other: Enter all funds accounted for in the project's total budget not
identified as grant funds or matching funds.
6B Grant Funds: This is the amount requested from grant funds. This
amount must be less than or equal to 80% of the expenditures pur-
suant to Section 35042 of the Public Resources Code.
7 Cash on Hand Status Statement:
7 A Cash on hand at end of quarter. Enter the grant cash on hand at the
end of quarter including funds on deposit, funds on hand, and unde-
posited checks/warrants.
8 Interest Statement:
8A Enter only the amount of interest earned from grant funds during
this quarter.
8B Itemize all activities funded this quarter with interest earned this
quarter or previous quarters.
8C Enter the total of all interest earned from grant funds up to end of this
quarter.
8D Enter the total of all expenditures of interest earned from grant funds
up to the end of this quarter.
9 Funding Method: Indicate the chosen method for funding. See
guidelines for detailed description of the advance and reimburse-
ment methods available to grantees.
10 Grant Funds Requested: Indicate the dollar amount requested for
the subsequent current quarter.
1 1 Comments: Space to describe special circumstances and situations
impacting this report. Attach addition sheets if necessary
12 Certification: Self explanatory.
13 Grant Manager Approval: Self explanatory.
14 Chief, Office of Offshore Development Approval: Self explana-
tory.
15 Accounting Use Only: Space used by the Secretary of Environmen-
tal Affairs' accounting services to indicate payment information.
History
1. New Exhibit 3 filed 7-22-86 as an emergency; effective upon filing (Register
86, No. 3 1 ). A Certificate of Compliance must be transmitted to OAL within ] 20
days or emergency language will be repealed on 1 1-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87,
No. 2).
3. New Exhibit 3 filed 1-8-87; effective upon filing pursuant to Government Code
Section 11 346.2(d) (Register 87, No. 2).
4. Change without regulatory effect filed 3-2-88 (Register 88, No. 11).
Chapter 2. Permit Reform Act Appeals to
the Secretary of Environmental Affairs
§ 19020. Information Required to Appear on Permit
Applications.
The following information shall be placed on the application forms for
all permits subject to the Permit Reform Act of 1981 which are issued by
the Air Resources Board or the Water Resources Control Board (herein-
after referred to as "board" or "boards"):
"The [name of board] has adopted regulations establishing time peri-
ods for the processing of permit applications in compliance with the Per-
mit Reform Act of 1 981 (Government Code section 15374 et seq.). Vio-
lations of these time periods may be appealed directly to the Secretary of
Environmental Affairs, P.O. Box 2815, Sacramento, CA 95812, pur-
suant to regulations set forth in Title 14, California Administrative Code,
sections 19020-19025. Under certain circumstances, the Secretary may
order that the applicant receive a reimbursement of filing fees."
NOTE: Authority cited: Section 15378, Government Code. Reference: Sections
15374-15378, Government Code.
History
1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
§ 1 9021 . Appeals to the Secretary; Contents.
An applicant whose application for a permit, as defined in Govern-
ment Code section 15375(a), has not been processed by a board within
the time periods established by the regulations of the board adopted pur-
suant to the Permit Reform Act of 1981 may appeal in writing to the Sec-
retary of Environmental Affairs ("Secretary"). The applicant shall set
forth the time periods applicable to the permit application and a concise
statement of facts and chronology of events regarding the applications.
NOTE: Authority cited: Section 15378, Government Code. Reference: Sections
15374-15378, Government Code.
History
1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
§ 1 9022. Deadline for Appeals.
An appeal concerning a permit application on which a final decision
has been made, must be filed within 30 days of the date the applicant was
notified of the decision.
NOTE: Authority cited: Section 15378, Government Code. Reference: Sections
15374-15378, Government Code.
History
1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
§ 19023. Review by the Secretary.
The Secretary shall promptly review an appeal filed under sections
19021 and 19022 and, shall issue a decision within 30 days after conduct-
ing any investigation of the matter which she or he deems appropriate.
NOTE: Authority cited: Section 15378, Government Code. Reference: Sections
15374-15378, Government Code.
Page 814
(4-1-90)
Title 14
Environmental Affairs Agency
§ 19037
History
I. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
§ 19024. Violations; Failure to Notify Whether Application
Is Complete or Deficient.
If the Secretary finds that a board exceeded the time limit for informing
the permit applicant whether an application is complete or is deficient
and requires additional information to be processed, the Secretary shall
direct the board to make its determination by a specified date and so in-
form the applicant. A complete application shall be considered to be filed
on the date it is received, commencing the time period within which the
board must issue or deny the permit.
NOTE: Authority cited: Section 15378, Government Code. Reference: Sections
15374-15378, Government Code.
History
1. New section filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
§ 19025. Violations; Refunds of Filing Fees; Final Action
Required.
If the Secretary finds that a board exceeded the time period for acting
on a completed application without the good cause defined by Govern-
ment Code section 15376(h), all filing fees paid by the permit applicant
will be refunded. The Secretary shall direct that the board take final ac-
tion on the permit applicafion no later than 30 days from the Secretary's
decision.
NOTE: Authority cited: SecHon 15378, Government Code. Reference: Sections
15374-15378, Government Code.
History
1. New section filed 9-1-87; operafive 10-1-87 (Register 87, No. 36).
Chapter 3. Voluntary Registration of
Environmental Assessors
§19030. Definitions.
NOTE: Authority cited: Sections 25570.3 and 5901 2, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 7-30-87; operative 9-1-87 (Register 87, No. 32).
2. Amendment of subsection (b), and repealer and new subsection (c) filed 7-1-96
as an emergency; operative 7-1-96 (Register 96, No. 27). A Certificate of Com-
pliance must be transmitted to OAL by 10-29-96 or emergency language will
be repealed by operation of law on the following day.
3. Amendment of subsection (b), repealer and new subsection (c) refiled, and
amendment of subsection (a) filed 10-25-96 as an emergency; operative
10-25-96 (Register 96, No. 43). A Certificate of Compliance must be trans-
mitted to OAL by 2-24-97 or emergency language will be repealed by opera-
tion of law on the following day.
4. Certificate of Compliance as to 10-25-96 order transmitted to OAL 1 1-20-96
and filed 12-23-96 (Register 96, No. 52).
5. Amendment of section and Note filed 12-21-98; operative 12-21-98 pursuant
to Government Code section 1 1343.4(d) (Register 98, No. 52).
6. Change without regulatory effect renumbering fitle 14, division 8, chapter 3
(sections 19030-19044) to title 22, division 4.5, chapter 52 (sections
69200-692 1 4) and renumbering title 1 4, section 1 9030 to title 22, section 69200
filed 7-27-2006 pursuant to section 100, title 1, California Code of Regulations
(Register 2006, No. 30).
§ 19031. REA I Qualifications and Application Procedures.
NOTE: Authority cited: Sections 25570.3 and 59012, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New secfion filed 7-30-87; operative 9-1-87 (Register 87, No. 32).
2. Amendment of opening line and subsections (e) and (f) filed 7-1-96 as an emer-
gency; operative 7-1-96 (Register 96, No. 27). A Certificate of Compliance
must be transmitted to OAL by 10-29-96 or emergency language will be re-
pealed by operation of law on the following day.
3. Amendment of opening line and subsections (e) and (0 refiled 10-25-96 as an
emergency; operative 10-25-96 (Register 96, No. 43). A Certificate of Com-
pliance must be transmitted to OAL by 2-24-97 or emergency language will be
repealed by operafion of law on the following day.
4. Certificate of Compliance as to 10-25-96 order transmitted to OAL 1 1-20-96
and filed 12-23-96 (Register 96, No. 52).
5. Amendment of secfion heading, section and Note filed 12-21-98; operative
12-21-98 pursuant to Government Code section 1 1343.4(d) (Register 98, No.
52).
6. Change without regulatory effect renumbering title 14, section 19031 to title 22,
section 69201 filed 7-27-2006 pursuant to section 100, title 1 , California Code
of Regulations (Register 2006, No. 30).
§ 19032. REA I Registration, Renewal and Disqualification.
NOTE: Authority cited: Sections 25570.3, 59004 and 59012, Health and Safety
Code. Reference: Sections 25570-25570.4, Health and Safety Code.
History
1. New Section filed 7-30-87; operative 9-1-87 (Register 87, No. 32).
2. Amendment ofsecfion filed 7-1-96 as an emergency; operative 7-1 -96 (Regis-
ter 96, No. 27). A Certificate of Compliance must be transmitted to OAL by
10-29-96 or emergency language will be repealed by operation of law on the
following day.
3. Editorial correction of subsection (b) (Register 96, No. 43).
4. Amendment of section refiled 10-25-96 as an emergency; operative 10-25-96
(Register 96, No. 43). A Certificate of Compliance must be transmitted to OAL
by 2-24-97 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 10-25-96 order transmitted to OAL 1 1-20-96
and filed 12-23-96 (Register 96, No. 52).
6. Amendment ofsecfion heading, secfion and NOTE filed 12-21-98; operafive
12-21-98 pursuant to Government Code secfion 1 1343.4(d) (Register 98, No.
52).
7. Amendment of subsections (b) and (c) and Note filed 5-24-2000; operative
5-24-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 21).
8. Change without regulatory effect renumbering title 14, section 1 9032 to title 22,
secfion 69202 filed 7-27-2006 pursuant to section 100, fitle 1, California Code
of Regulations (Register 2006, No. 30).
§ 1 9033. REA II Criteria for Registration.
NOTE: Authority cited: Secfions 25570.3 and 5901 2, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operafive 12-21-98 pursuant to Government
Code section 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering fifie 14, section 1 9033 to title 22,
section 69203 filed 7-27-2006 pursuant to secfion 100, title 1, California Code
of Regulations (Register 2006, No. 30).
§ 19034. REA II Application for Registration.
NOTE: Authority cited: Secfions 25570.3 and 59012, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New secfion filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 11343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering tifie 14, secfion 19034 to fitle 22,
section 69204 filed 7-27-2006 pursuant to secfion 100, title 1, California Code
of Regulations (Register 2006, No. 30).
§ 1 9035. OEHHA's Review of Application.
NOTE; Authority cited: Secfions 25570.3 and 59012, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New secfion filed 12-21-98; operative 12-21-98 pursuant to Government
Code secfion 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 14, section 1 9035 to title 22,
section 69205 filed 7-27-2006 pursuant to secfion 100, title 1 , California Code
of Regulafions (Register 2006, No. 30).
§ 19036. REA II Denial of Registration.
NOTE: Authority cited: Secfions 25570.3 and 5901 2, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operafive 12-21-98 pursuant to Government
Code secfion 11343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering tifie 14, section 19036 to fitle 22,
secfion 69206 filed 7-27-2006 pursuant to se'cfion 1 00, tide 1 , California Code
of Regulations (Register 2006, No. 30).
§ 19037. REA II Renewal of Registration.
NOTE; Authority cited: Secfions 25570.3 and 59012, Health and Safety Code. Ref-
erence: Secfions 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operafive 12-21-98 pursuant to Government
Code section 11343.4(d) (Register 98, No. 52).
Page 815
Register 2006, No. 30; 7-28-2006
§ 19038
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
2. Change without regulatory effect renumbering title 14, section 1 9037 to title 22,
section 69207 filed 7-27-2006 pursuant to section 1 00, title 1, Califoniia Code
of Regulations (Register 2006, No. 30).
§ 19038. REA II Rescission of Registration.
NOTE; Authority cited: Sections 25570.3 and 5901 2, Health and Safety Code. Ref-
erence; Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 14, section 1 9038 to title 22,
section 69208 filed 7-27-2006 pursuant to section 100, title 1 , California Code
of Regulations (Register 2006, No. 30).
§ 19039. REA II Appeal Procedures.
NOTE; Authority cited; Sections 25570.3 and 59012, Health and Safety Code. Ref
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 14, section 1 9039 to title 22,
section 69209 filed 7-27-2006 pursuant to section 100, title 1 , California Code
of Regulations (Register 2006, No. 30).
§19040. REA II Audits.
NOTE; Authority cited: Sections 25570.3 and 590 1 2, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 1 4, section 1 9040 to title 22,
section 692 10 filed 7-27-2006 pursuant to section 100, title 1 , California Code
of Regulations (Register 2006, No. 30).
§ 1 9041 . Performance Standards.
NOTE; Authority cited: Sections 25570.3 and 59012, Health and Safety Code. Ref-
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1 343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 14, section 1 9041 to title 22,
section 6921 1 filed 7-27-2006 pursuant to section 100. title I, Calif omi a Code
of Regulanons (Register 2006, No. 30).
§ 19042. State Licensing Match System.
NOTE; Authority cited: Sections 25570.3 and 59012, Health and Safety Code; sec-
tion 1 1 350.6, Welfare and Institufions Code. Reference: Sections 25570-25570.4,
Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 1 4, section 1 9042 to title 22,
section 69212 filed 7-27-2006 pursuant to section 100. title I, California Code
of Regulations (Register 2006, No. 30).
§ 19043. Limitations on Registration for Aliens.
NOTE; Authority cited: Sections 25570.3 and 5901 2, Health and Safety Code. Ref
erence: Sections 25570-25570.4, Health and Safety Code; 8 U.S.C. Sections
1621, 1641 and 1642.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code section 1 1 343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 1 4, section 1 9043 to title 22,
section 6921 3 filed 7-27-2006 pursuant to section 100. title 1. California Code
of Regulations (Register 2006, No. 30).
§19044. Sunset Review.
NOTE; Authority cited: Sections 25570.3 and 59012, Health and Safety Code. Ref
erence: Sections 25570-25570.4, Health and Safety Code.
History
1. New section filed 12-21-98; operative 12-21-98 pursuant to Government
Code secfion 1 1343.4(d) (Register 98, No. 52).
2. Change without regulatory effect renumbering title 14, section 19044 to title 22,
section 692 1 4 filed 7-27-2006 pursuant to section 100, title 1 , California Code
of Regulanons (Register 2006, No. 30).
* * *
Page 816
Register 2006, No. 30; 7-28-2006
• ^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 9. Delta Protection Commission
Vol. 19
TMOIVISOiM
* ^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Delta Protection Commission
Table of Contents
•
Division 9. Delta Protection Commission
Table of Contents
Page
Page
Chapter 1.
Commission Hearing Procedures
§ 20000.
Purpose.
§20001.
Time for Appeal.
§ 20002.
Contents and Filing of Appeal.
§ 20003.
Grounds for Appeal.
§ 20004.
Commission Procedures Upon
Receipt of Appeal.
§ 2000.S.
Effect of Appeal.
§ 20006.
De Novo Review.
§ 20007.
Standard of Review.
§ 20008.
Hearing on Commission
Jurisdiction/Appealable Issue.
§ 20009.
Hearing on Merits of Appeal.
§ 20010.
Evidence and Hearing Procedures.
§20011.
Commission Decision on Merits of
Appeal.
§ 20012.
Notification of Commission Action.
§20013.
Ex Parte Contacts.
817
§20016.
§20017.
§ 20018.
§ 20019.
§ 20020.
§20021.
Chapter 2.
•
§20015.
Delta Protection Commission
Regulations for CEQA Compliance
(PRC § 21080.5) 818
Preparation of Draft Plan and
Proposed Plan Amendments.
Notice of Public Availability of
Draft Plan and Any Proposed
Amendments.
Consultation Requirements.
Response to Comments.
Adoption of the Plan.
Notice to the Resources Agency.
Consideration of Local Plan
Amendments.
Chapter 3. Regulations Governing Land Use
and Resource Management in the
Primary Zone of the Sacramento-
San Joaquin Delta
§ 20030. Overview.
§ 20040. Environment.
§ 20050. Utilities and Infrastructure.
§ 20060. Land Use.
§ 20070. Agriculture.
§ 20080. Water.
§ 20090. Recreation and Access.
§ 20100. Levees.
§ 201 1 0. Marine Patrol, Boater Education,
and Safety Programs.
819
Page i
(8-3-2001)
Title 14
Delta Protection Commission
§ 20008
Division 9. Delta Protection Commission
Chapter 1. Commission Hearing
Procedures
§ 20000. Purpose.
These regulations establish the procedures by which the Delta Protec-
tion Commission processes, considers and resolves appeals from local
governmental decisions which are brought before the Commission under
the provisions of Public Resources Code §§ 29770-29772.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1 . New division 9, chapter 1 and section filed 3-7-94; operative 4-6-94 (Register
94, No. 10).
§ 20001 . Time for Appeal.
A person aggrieved by any action taken by a local government which
falls within the criteria established in Public Resources Code § 29970(a)
may file an appeal with the Commission within 10 calendar days of the
date on which the pertinent local government has taken final action con-
cerning the matter being appealed. For proposes of this section, "final ac-
tion" means a decision of the local government that is final and not sub-
ject to any further review by any member or decision-making body of
that local government.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1 . New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20002. Contents and Filing of Appeal.
An appeal brought under these regulations shall be in writing and shall
contain at least the following information:
a) the name and address of the appellant;
b) the name and address of the third party, if any, whose proposal is
the subject of the appeal and the local government action being appealed;
c) a description of the proposal or development that is the subject of
the local government action being appealed;
d) the identity of the local governmental body whose action is being
appealed;
e) the specific ground(s) for appeal; and
t) a detailed statement of facts on which the appeal is based.
The appeal shall be considered "filed" with the Commission when the
original letter from the appellant is received, determined by staff to con-
lain all of the information listed above, and stamped "Filed" by the Com-
mission with the date of filing indicated.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
I . New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20003. Grounds for Appeal.
The grounds for appeal of a local government action shall be limited
to those specified in Public Resources Code § 29770(a), i.e., that such ac-
tion is inconsistent with the Commission's Resource Management Plan,
those portions of a local government's general plan that implement the
Resources Management Plan, or the Delta Protection Act.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1 . New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20004. Commission Procedures Upon Receipt of Appeal.
Within five working days of receipt of an appeal, the executive direc-
tor of the Commission shall:
a) post a notice and brief description of the appeal in a conspicuous lo-
cation in the Commission office;
b) mail to the affected local government a copy of the same notice and
brief description, together with a copy of the appeal document(s) filed
with the Commission.
c) mail to the affected third party, if any, identified in § 20002(b) above
a copy of the notice and brief description, together with a copy of the ap-
peal document(s) filed with the Commission; and
d) mail copies of the notice and brief description to each member of
the Commission.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20005. Effect of Appeal.
Upon receipt of a timely appeal, the executive director shall notify the
affected local government and the third party, if any, identified in
§ 20002(b) above that the operation and effect of the local government's
action has been stayed pending Commission action on the appeal as re-
quired by Public Resources Code § 2977 1 . Upon receipt of an appeal, the
executive director shall request that the affected local agency make avail-
able for inspection and copying all relevant documents and materials
used by the local government in its consideration of the action being ap-
pealed. This information shall include the names and addresses of all per-
sons who submitted written comments or testified before the local gov-
ernment regarding the matter being appealed. If the Commission fails to
obtain access to the documents and materials on a timely basis, the Com-
mission shall commence a hearing on the appeal as provided in § 20008,
below, but shall leave the hearing open until all such relevant documents
and materials are received and reviewed by the Commission.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20006. De Novo Review.
The Commission shall conduct a de novo review of the local govern-
ment action being reviewed.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20007. Standard of Review.
The standard of Commission review of any appealable local govern-
ment action shall be whether that action meets the requirements of Public
Resources Code § 29770(a).
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20008. [Hearing on Commission Jurisdiction/Appealable
Issue.
a) The Commission's appellate review shall be conducted in a hearing
composed of two sequential phases, held in accordance with the provi-
sions of Public Resources Code § 29770. At the first available Commis-
sion meeting following filing of an appeal, but in no event more than 45
days thereafter, the Commission shall conduct an initial hearing and de-
termine by majority vote whether the appeal;
i) raises issues not within the Commission's jurisdiction; or
ii) does not raise an appealable issue.
b) If the Commission finds either that the appeal raises issues outside
the Commission's jurisdiction or that it fails to raise an appealable issue,
the Commission shall dismiss the appeal. That dismissal constitutes final
Commission action from which judicial review may be taken under Pub-
lic Resources Code § 29772.
c) The Commission shall make the determination set forth in subsec-
tion (a) only after Commission staff has presented a recommendation,
Page 817
Register 94, Nos. 33-34; 8-26-94
§ 20009
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
orally or in writing, on the questions presented. Any written staff recom-
mendation is a public record which shall be made available for public in-
spection at least five working days prior to the hearing.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20009. Hearing on Merits of Appeal.
Unless the Commission dismisses the appeal for the reasons set forth
above, the Commission shall proceed to hear the appeal on its merits at
the Commission's next available, regularly-scheduled meeting.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20010. Evidence and Hearing Procedures.
a) Hearings conducted by the Commission under these regulations
shall be conducted in a manner deemed most suitable to ensure funda-
mental fairness to all parties concerned, and with a view toward securing
all relevant information and material necessary to render a decision with-
out unreasonable delay.
b) Hearings need not be conducted according to technical rules relat-
ing to evidence and witnesses. Any relevant evidence shall be considered
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the admission
of such evidence over objection in a court proceeding. Unduly repetitious
or irrelevant evidence shall be excluded upon order of the Commission
or its chairperson.
c) Evidence before the Commission includes, but is not limited to, the
record before the local government whose action is being appealed. Ex-
cept in unusual circumstances, the record will not include a transcript of
the local government proceedings unless provided by a party to the pro-
ceedings.
d) Any interested person may testify before the Commission regarding
an appeal. Speakers' presentation shall be to the point and shall be as brief
as possible. Visual and other materials may be used as appropriate. The
Commission may establish reasonable time limits for presentation(s);
such time limits shall be made known to all affected persons prior to any
hearing. Where speakers use or submit to the Commission visual or other
materials, such materials shall become part of the hearing record and
shall be identified and maintained as such. Speakers may substitute re-
productions of models or other large materials but shall agree to make the
originals available upon request of the executive director.
e) Commissioners may ask questions of the appellant, the affected lo-
cal government's representative(s), any affected third party(s) appearing
at the hearing, staff or the Commission's legal counsel. Questioning of
speakers at the hearing by other persons shall not be permitted except by
permission of the Chairperson.
f) Interested persons may submit written comments concerning an ap-
peal. Any such comments will be considered by the Commission if they
are received by the Commission at or before the hearing on the appeal.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20011. Commission Decision on l\/lerits of Appeal.
a) The Commission ' s determination on the merits of an appeal brought
under Public Resources Code § 29770 shall be by majority vote.
b) The Commission's decision shall be deemed final upon the taking
of the vote, unless the Commission directs that written findings be pre-
pared for consideration by the Commission on a subsequent date. If such
findings are prepared, the Commission action shall be deemed final upon
the date the findings are adopted by the Commission.
c) Written Commission findings, if any, shall be prepared by staff and
presented to the Commission for consideration at the next regularly-
scheduled meeting following the Commission's vote on the merits of the
appeal. The time for preparation of findings may be extended by the
Chair in appropriate circumstances.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New .section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20012. Notification of Commission Action.
The Commission shall notify the local government, the appellant and
the affected third party, if any, identified in § 20002(b) of each formal
action taking by the Commission under §§ 20008 and 20009. The notifi-
cation shall be transmitted by the Executive Director within ten working
days of the Commission's formal acdon.
NOTE: Authority cited: Sections 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
§ 20013. Ex Parte Contacts.
a) Decisions of the Commission on appeals heard under Public Re-
sources Code § 29770 shall be based strictly on the evidence presented
during the public hearing. The Commission shall not rely upon any com-
munications, reports, staff memoranda, or other materials prepared in
connecfion with a particular appeal unless those materials are made a part
of the hearing record.
b) If commissioners receive written or oral communications from any
person concerning a pending appeal outside the formal hearing process,
they shall disclose, on the record and prior to a Commission vote on the
appeal, both the existence and substance of the communications.
NOTE: Authority cited: Secfions 29752 and 29770(b), Public Resources Code.
Reference: Sections 29770-29772, Public Resources Code.
History
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
Chapter 2. Delta Protection Commission
Regulations for CEQA Compliance
(PRC§ 21080.5)
§ 20015. Preparation of Draft Plan and Proposed Plan
Amendments.
Commission staff shall prepare, or shall direct the preparation of, a
draft Delta resource management plan. Commission staff shall prepare,
or shall direct the preparation of, any proposed amendments to the Delta
resource management plan. In addition to containing a description of
standards, policies, and elements, for compliance with Public Resources
Code Section 29760, the draft plan, and any proposed amendments to the
plan, shall contain an analysis of potentially significant adverse environ-
mental impacts which may result from the proposal, and an analysis of
feasible alternatives and feasible mitigation measures to minimize any
significant adverse environmental impacts from the proposal. The analy-
sis shall address both short-term and long-term effects on the environ-
ment, and shall also address growth-inducing effects and potential cu-
mulative impacts. If the analysis identifies significant adverse
environmental impacts, it shall also include a statement describing public
benefits which substantially lessen the significant environmental im-
pacts of the proposal.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
1. New chapter 2 and secfion filed 8-17-94; operative 8-17-94 (Register 94, No.
33).
•
Page 818
Register 94, Nos. 33-34; 8-26-94
Title 14
Delta Protection Commission
§ 20030
§ 20016. Notice of Public Availability of Draft Plan and Any
Proposed Amendments.
Commission staff shall provide notice of the availability of the draft
plan, and any proposed amendments to the plan, for public review as fol-
lows:
(a) by mailing written notice to each Commission member, each
agency represented by a Commission member, other agencies with juris-
diction by law over natural resources of the Delta, the Resources Agency,
and any interested person, organization, or agency which has requested
notice of the availability of the draft plan; and
(b) by publishing the written notice at least once in the newspaper of
largest general circulation in the primary zone of the Delta. Such notice
shall provide a public comment period of at least 30 days, and shall speci-
fy the date that the comment period closes. In addition to receiving writ-
ten comments in response to the notice of public availability of the draft
plan or proposed amendments, the Commission may hold public meet-
ings and hearings to receive comments.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
I. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20017. Consultation Requirements.
Commission staff shall consult with all public agencies which have ju-
risdiction, by law, over the activities or the natural resources addressed
by the draft plan or any proposed amendments to the plan.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§20018. Response to Comments.
Commission staff shall prepare a written summary and response to all
environmental points raised during the review of the proposal. The writ-
ten summary and response to environmental points shall be presented for
consideration and approval by the Commission before, or no later than
at the same time as, the plan or proposed amendment is considered for
adoption by the Commission.
NotE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§ 2001 9. Adoption of the Plan.
In addition to the procedures specified by the Delta Protection Act, be-
fore adopting the plan, or any amendments to the plan, the Commission
shall determine whether the plan or amendment, as proposed, may result
in significant adverse environmental impacts, and, if so, whether feasible
alternatives or feasible mitigation measures would substantially lessen
any significant adverse impacts. The Commission shall not adopt the
plan or amendment, as proposed, if there are feasible mitigation mea-
sures or alternatives which would substantially reduce any significant ad-
verse impacts. If significant adverse impacts will likely result even after
the inclusion of feasible mitigation measures or alternatives, the Com-
mission may adopt the plan or amendment if it first makes findings in ac-
cordance with the provisions of Public Resources Code Section
21081(c).
NotE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 21081(c), 29760, 29763 and 29763.5, Public Resources
Code.
History
1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§ 20020. Notice to the Resources Agency.
Commission staff shall file notice of the Commission ' s adoption of the
plan, and any amendment thereto, with the Secretary for Resources and
with the State Clearinghouse in the Office of Planning and Research.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
I. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
§ 20021. Consideration of Local Plan Amendments.
(a) Upon receipt of local agency general plan amendments which are
proposed in order to confonn to Public Resources Code Section 29763.5
Commission staff shall prepare a staff report and recommendation to the
Commission. The staff report shall include an analysis of the proposed
amendments in comparison to the plan and an analysis identifying any
potentially significant adverse environmental impacts resulting from the
proposal which were not previously addressed in the commission's plan-
ning documents. If there are no new potentially significant effects identi-
lied, then the staff report shall so state. If new potentially significant envi-
ronmental impacts are identified, then the staff report shall analyze such
impacts, and shall identify feasible mitigation measures and feasible al-
ternatives which would substantially reduce such impacts.
(b) Notice of the availability of the staff report and staff recommenda-
tion concerning local general plan amendments shall be provided in the
same manner as notice is provided in accordance with the procedures set
forth in Section 20016 of these regulations. Commission staff shall con-
sult with all public agencies which have jurisdiction by law over the acti-
vities or resources affected by the proposed general plan amendments.
(c) Commission staff shall prepare a written summary and response to
all environmental points raised during the Commission's evaluation of
the proposed general plan amendments. The summary and response shall
be presented to the Commission for consideration and approval prior to
or at the same time as the Commission considers proposed general plan
amendments for approval.
(d) In approving local general plan amendments the Commission shall
follow the procedures set forth in Section 20019 of these regulations.
Commission staff shall file notice of the Commission's approval of local
general plan amendments with the Secretary for Resources.
NOTE; Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 8-17-94; operative 8-17-94 (Register 94, No. 33).
Chapter 3. Regulations Governing Land
Use and Resource Management in the
Primary Zone of the Sacramento-San
Joaquin Delta
§ 20030. Overview.
(a) The Delta Protection Act of 1 992 (Public Resources Code Section
29760 et seq.) requires the Commission to prepare and adopt and thereaf-
ter review and maintain a comprehensive long-term resource manage-
ment plan for land uses within the Primary Zone of the Delta ("resource
management plan"). The resource management plan is to set forth a de-
scription of the needs and goals for the Delta and a statement of the poli-
cies, standards, and elements of the resource management plan. Within
1 80 days of the adoption of the resource management plan or any amend-
ments by the Commission, all local governments, as defined in Public
Resources Code Section 29725, shall submit to the Commission pro-
posed amendments which will cause their general plans, as defined in
Government Code Section 65300 et seq., to be consistent with the criteria
outlined in Public Resources Code Section 29763.5 with respect to land
located within the Primary Zone. The following regulations are the poli-
cies of the resource management plan. The regulations to not apply to
other local agencies, as defined in Public Resources Code Section 29724,
or to reclamation districts.
(b) The term "shall" in these regulations is mandatory; the terms
"may", "should", and "can" are advisory.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code; and Section 13274, Wa-
ter Code.
Page 819
Register 2001, No. 19; 5-11-2001
§ 20040
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
History
1. New chapter 3 (section 20030) and section filed 1-28-97: operative 2-27-97
(Register 97, No. 5).
2. Editorial correction adding new chapter and section headings (Register 97, No.
6).
3. Amendment of chapter 3 heading, amendment of section heading, and repealer
and new section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20040. Environment.
(a) The priority land use of areas of prime soil shall be agriculture. If
commercial agriculture is no longer feasible due to subsidence or lack of
adequate water supply or water quality, land uses which protect other
beneficial uses of Delta resources, and which would not adversely affect
agriculture on surrounding lands, or viability or cost of levee mainte-
nance, may be permitted. If temporarily taken out of agriculture produc-
tion due to lack of adequate water supply or water quality, the land shall
remain reinstateable to agricultural production for the future.
(b) Agricultural and land management practices shall minimize subsi-
dence of peat soils. Local governments shall support studies of agricul-
tural methods that minimize subsidence and shall assist in educating
landowners and managers as to the value of utilizing these methods.
(c) Lands managed primarily for wildlife habitat shall be managed to
provide several inter-related habitats. Delta-wide habitat needs should
be addressed in development of any wildlife habitat plan. Appropriate
programs, such as "Coordinated Resource Management and Planning"
(Public Resources Code Section 9408(c)) and "Natural Community Con-
servation Planning" (Fish and Game Code Section 2800 et seq.) should
ensure full participation by local government and property owner repre-
sentatives.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20050. Utilities and Infrastructure.
(a) Impacts associated with constaiction of transmission hnes and uti-
lities can be mitigated by locating new construction in existing utility or
transportation corridors, or along property lines, and by minimizing
construction impacts. Before new transmission lines are constructed, the
utility should determine if an existing line has available capacity. To
minimize impacts on agricultural practices, utility lines shall follow
edges of fields. Pipelines in utility corridors or existing rights-of-way
shall be buried to avoid adverse impacts to terrestrial wildlife. Pipelines
crossing agricultural areas shall be buried deep enough to avoid conflicts
with normal agricultural or construction activities. Utilities shall be de-
signed and constructed to minimize any detrimental effect on levee integ-
rity or maintenance.
(b) New houses built in the Delta agricultural areas shall continue to
be served by independent potable water and wastewater treatment facili-
ties. Uses which attract a substantial number of people to one area, in-
cluding any expansions to the Delta communities, recreational facilities
or businesses, shall provide adequate infrastructure improvements or pay
to expand existing facilities, and not overburden the existing limited
community resources. New or expanded construction of wastewater dis-
posal systems shall ensure highest feasible standards are met, as deter-
mined by the local governing body. Independent treatment facilities shall
be monitored to ensure no cumulative adverse impact to groundwater
supplies.
(c) New sewage treatment facilities (including storage ponds) and new
areas for disposal of sewage effluent and sewage sludge shall not be lo-
cated within the Delta Primary Zone. The Rio Vista project, as described
in the adopted Final Environmental Impact Report for such project, and
the Ironhouse Sanitary District use of Jersey Island for disposal of treated
wastewater and biosolids are exempt from this policy.
(d) High groundwater tables and subsiding soil make the Delta an in-
appropriate location for solid waste disposal. Generation of waste shall
be minimized through recycling programs for metals, glass, paper, card-
board, and organic materials. Recycling depots for these materials shall
be located in central locations to serve Delta residents, visitors, and busi-
nesses.
(e) Surface transportation in the Delta can be dangerous and con-
gested. Roads within the Delta shall be maintained to serve the existing
agricultural uses and supporting commercial uses, recreational users, and
Delta residents. Where possible, commuter traffic and through traffic
should be directed to surrounding highways and freeways, or minimized
through programs which promote carpools, buses or trains.
(0 Air transportation in the Delta shall be allowed to continue to serve
Delta residents and agriculture-related businesses. Due to subsidence,
transmission lines, high winds, fog, and high raptor and waterfowl use,
the Primary Zone is not an appropriate location for new or expanded gen-
eral aviation airports.
(g) Operation of draw and swing bridges shall balance needs of land
and water traffic. Commercial vessels and emergency road traffic shall
have right-of-way over other traffic.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New secnon filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20060. Land Use.
(a) The rich cultural heritage and strong agricultural base of the Delta
shall be preserved and recognized in public/private facilities, such as mu-
seums within the existing communities.
(b) Local government general plans, as defined in Government Code
Section 65300 et seq., and zoning codes shall continue to strongly pro-
mote agriculture as the primary land use in the Primary Zone; recreation
land uses shall be supported in appropriate locations and where the recre-
ation uses do not conflict with agricultural land uses or other beneficial
uses, such as waterside habitat. County plans and ordinances may sup-
port transfer of development rights, lot splits with no increase in density,
and clustering to support long-term agricultural viability and open space
values of the Primary Zone. Clustering is intended to support efficient
use of agricultural lands, not to support new urban development in the
Primary Zone. Local governments shall specifically indicate when, how,
and why these options would be allowed in the Primary Zone.
(c) New residential, recreational, commercial, or industrial develop-
ment shall ensure that appropriate buffer areas are provided by those pro-
posing new development to prevent conflicts between any proposed use
and existing agricultural use. Buffers shall adequately protect integrity
of land for existing and future agricultural uses. Buffers may include
berms and vegetation, as well as setbacks of 500 to 1,000 feet.
(d) New non-agricultural residential development, if needed, shall be
located within the existing Primary Zone communities where support in-
frastructure and flood protection are already provided.
(e) Local government general plans shall address criteria under which
general plan amendments in the Primary Zone will be evaluated under
Public Resources Code Section 29763.5. Proposed amendments to local
government general plans for areas in the Primary Zone shall be eva-
luated in terms of consistency of the overall goals and program of the Del-
ta Protection Commission.
(f) Subsidence control shall be a key factor in evaluating land use pro-
posals.
(g) Structures shall be set back from levees and areas which may be
needed for future levee expansion.
(h) Local government policies regarding mitigation of adverse envi-
ronmental impacts under the California Environmental Quality Act may
allow mitigation beyond county boundaries, if acceptable to reviewing
fish and wildlife agencies, for example in approved mitigation banks.
Mitigation in the Primary Zone for loss of agricultural lands in the Sec-
ondary Zone may be appropriate if the mitigation program supports con-
tinued farming in the Primary Zone.
(i) The implementation of the policies contained in the resource man-
agement plan shall not be achieved through the exercise of the power of
eminent domain unless requested by the landowner.
Page 820
Register 2001, No. 19; 5-11-2001
Title 14
Delta Protection Commission
§ 20090
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20070. Agriculture.
(a) Commercial agriculture in the Delta shall be supported and encour-
aged as a key element in the State's economy and in providing the food
supply needed to sustain the increasing population of the State, the Na-
tion, and the world.
(b) Local governments, as defined in Public Resources Code Section
29725, shall identify the unique qualities of the Delta which make it well
suited for agriculture. These qualities include: rich soil, ample supphes
of water, long growing season, mild climate, and proximity to packaging
and shipping infrastructure. The unique physical characteristics of the
Delta also require that agricultural landowners maintain extensive levee
systems, provide flood control, and have adequate drainage to allow the
lands to be farmed.
(c) Education of the local populations about the value and rich heritage
of agriculture in the State and in the Delta shall be continued and expand-
ed.
(d) Local governments shall support long-term viability of commer-
cial agriculture in the Delta because of its economic and environmental
importance to the State and local communities.
(e) Support shall be given to current and alternative programs that help
to minimize the need for costly production inputs such as fertihzers, pes-
ticides, and herbicides as long as crop production levels and agricultural
income can be maintained. Improving crop production and agricultural
income is vital to the success of Delta agriculture.
(f) Each local government shall continue to implement the necessary
plans and ordinances to: maximize agricultural parcel size; reduce subdi-
vision of agricultural lands; protect ordinary agricultural activities; pro-
tect agricultural land from conversion to other uses; and clearly define
areas in that jurisdiction where urban land uses are appropriate and where
agricultural land uses are appropriate. An optimum package of regulato-
ry and incentive programs would include: (1) an urban limit line; (2)
minimum parcel size consistent with local agricultural practices and
needs; (3) strict subdivision regulations regarding subdivision of agricul-
tural lands to ensure that subdivided lands will continue in agriculture;
(4) delete from zoning ordinances "other" land uses which are not com-
patible with agriculture; (5) require adequate buffers between agricultur-
al and non-agricultural land uses particularly residential development
outside but adjacent to the Primary Zone; (6) an agriculture element of
the general plan; (7) a right-to-farm ordinance; and (8) a conservation
easement program.
(g) Local governments shall encourage acquisition of agricultural con-
servation easements as mitigation for projects within each county, or
through public or private funds obtained to protect agricultural and open
space values, and habitat value that is associated with agricultural opera-
tions. Encourage transfer of development rights within land holdings,
from parcel to parcel within the Delta, and where appropriate, to sites out-
side the Delta. Promote use of environmental mitigation in agricultural
areas only when it is consistent and compatible with ongoing agricultural
operations and when developed in appropriate locations designated on a
countywide or Delta-wide habitat management plan.
(h) Local governments shall encourage management of agricultural
lands which maximize wildlife habitat seasonally and year-round,
through techniques such as sequential flooding in fall and winter, leaving
crop residue, creation of mosaic of small grains and flooded areas, con-
t:rolling predators, controlling poaching, controlling public access, and
others.
(i) Local governments may continue to retain agricultural zoning and
minimum parcel sizes as described in zoning codes in place January 1 ,
1992. Where minimum parcel size is less than 40 acres, local govern-
ments shall describe how smaller parcel sizes will support long-term vi-
ability of commercial agriculture in the Primary Zone. This policy shall
not be construed to require the re-zoning of subminimum parcels.
(i)(i) Local governments may develop programs to cluster agricul-
ture-dependent residential units or transfer development rights (TDRs)
to off-site locations. Clustering on a single farm would be for family
members or employees and would not exceed maximum number of units
allowed under existing zoning as of January 1, 1992. Clustering would
be accompanied by conditions to preserve agricultural use and open
space values on the balance of the property. TDRs may involve transfers
from farms to Primary Zone communities with adequate flood protection
to protect residential use, or to sites out of the Primary Zone.
(ii) Local governments that pursue clustering or transfer of develop-
ment rights shall proceed with adoption procedures to implement such
programs as part of the local government implementation of the resource
management plan.
(iii) Where portions of cities are located within the Primary Zone, ci-
ties shall indicate zoning which was in place on January 1 , 1992. Future
changes to city general plans or zoning ordinances shall conform to the
resource management plan.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001 ; operative 6-7-2001 (Register 2001, No. 19).
§20080. Water.
(a) Local governments shall ensure that salinity in Delta waters allows
full agricultural use of Delta agricultural lands, provide habitat for aquat-
ic life, and meet requirements for drinking water and industrial uses.
(b) Local governments shall ensure that design, construction, and
management of any flooding program to provide seasonal wildlife habi-
tat on agricultural lands shall incorporate "best management practices"
to minimize mosquito breeding opportunities and shall be coordinated
with the local vector control districts. (Each of the four vector control dis-
tricts in the Delta provides specific wetland/mosquito management crite-
ria to landowners within their district.)
(c) Water agencies at local. State, and federal levels shall work togeth-
er to ensure that adequate Delta water quality standards are set and met
and that beneficial uses of State waters are protected consistent with the
CALFED (see Water Code Section 12310 (f)) Record of Decision dated
August 8, 2000.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20090. Recreation and Access.
(a) Where public funds are limited, local governments shall promote
maintenance and supervision of existing public recreation areas over
construction of new public facilities.
(b) To minimize impacts to agriculture and to wildlife habitat, local
governments shall encourage expansion of existing private water-ori-
ented commercial recreational facilities over construction of new facili-
ties. Local governments shall ensure any new recreational facilities will
be adequately supervised and maintained.
(c) Local governments shall develop siting criteria for recreation proj-
ects which will ensure minimal adverse impacts on: agricultural land
uses, levees, and public drinking water supply intakes, and identified sen-
sitive wetland and habitat areas.
(d) Local governments shall improve public safety on Delta water-
ways through enforcement of local, State, and federal laws.
(e) Local governments shall encourage provision of publicly funded
amenities in or adjacent to private facilities, particularly if the private fa-
cility will agree to supervise and manage the facility (fishing pier, over-
look, picnic area) thus lowering the long-term cost to the public.
(f) Local governments shall support multiple uses of Delta agricultural
lands, such as seasonal use for hunting, or improved parking and access
sites.
(g) Local governments shall support improved access for bank fishing
along State highways and county roads where safe and adequate parking
can be provided and with acquisition of proper rights-of-access from the
Page 820.1
Register 2001, No. 19; 5-11-2001
§ 20100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
landowner. Adequate policing, garbage cleanup, sanitation facilities, and
fire suppression for such access shall be provided.
(h) New. renovated, or expanded marinas shall include adequate rest-
rooms, pumpout facilities, trash containers, oily waste disposal facilities,
and other facilities necessary to meet needs of marina tenants. Use fees
may be charged for the use of these facilities but such fees shall not ex-
ceed the cost of maintenance.
(i) Local governments shall encourage new recreation facilities that
take advantage of the Delta's unique characteristics.
NOTE: Authority cited: Section 29752. Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
I. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 201 00. Levees.
(a) Local governments shall ensure that Delta levees are maintained
to protect human life, to provide flood protection, to protect private and
public property, to protect historic structures and communities, to protect
riparian and upland habitat, to promote interstate and intrastate com-
merce, to protect water quality in the State and federal water projects, and
to protect recreational use of the Delta area. Delta levee maintenance and
rehabilitation shall be given priority over other uses of the levee areas.
To the extent levee integrity is not Jeopardized, other uses, including sup-
port of vegetation for wildlife habitat, shall be allowed.
(b) If levee guidelines are needed, local governments shall adhere to
guidelines for federal and local levee maintenance and construction at a
minimum as stipulated in the Flood Hazard Mitigation Plan guidelines
developed by California Office of Emergency Services and the Federal
Emergency Management Agency in the 1987 agreement, and set longer
term goals of meeting Public Law 84-99 (Emergency Rehabilitation of
Flood Control Works or Federally Authorized Coastal Protection
Works), standards administered by the Corps of Engineers. If vegetation
standards are needed, local governments shall adopt the adopted vegeta-
tion guidelines, which promote native grasses and limited vegetation on
specific areas of the levee.
(c) Through flood ordinances based on Flood Emergency Manage-
ment Act model ordinances, developed by the International Conference
of Building Officials and included in the Uniform Building Code, local
governments shall carefully and prudently carry out their responsibilities
to regulate new construction within flood hazard areas to protect public
health, safety, and welfare. Increased flood protection shall not result in
densities beyond those allowed under zoning and general plan designa-
tions in place on January 1, 1992, for lands in the Primary Zone.
(d) Local governments shall ensure that existing programs for emer-
gency levee repair should be strengthened and better coordinated be-
tween local. State, and federal governments and shall include: interagen-
cy agreements and coordination; definition of an emergency; designation
of emergency funds; emergency contracting procedures; emergency per-
mitting procedures; and other necessary elements.
(e) Local governments shall use their authority to control levee en-
croachments that are detrimental to levee maintenance.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
§ 20110. Marine Patrol, Boater Education, and Safety
Programs.
(a) Local governments that have or plan to have marine patrols shall
possess adequate marine patrol equipment to ensure communication
with other county marine patrols, with State patrols on Delta waters, and
with the Coast Guard.
(b) Local governments that have marine patrols shall notify the Coast
Guard when and where patrols are on the water.
(c) Local governments that have marine patrol units shall participate
in at least one Coast Guard, or Delta Protection Commission sponsored
meeting per year to coordinate with other Delta law enforcement pro-
grams to develop strategies for effective control, to discuss new laws and
programs, and generally increase effectiveness and communication be-
tween the various marine patrol programs.
(d) Local governments that have or plan to have marine patrol, boater
education, and/or safety programs shall develop methods for quick pro-
cessing of intoxicated boat operators that would ensure that marine patrol
staff reinains on the water.
(e) Local governments that have or plan to have marine patrol services
shall recognize towing of disabled vessels as a low priority activity and
should develop relationships with volunteer groups or private vendors to
provide such services.
(0 Local governments that have or plan to have marine patrol, boater
education, and/or safety programs shall develop funding and imple-
mentation strategies to remove abandoned vessels from county water-
ways to avoid pollution of Delta waters and remove hazards to naviga-
tion.
(g) Local governments that have or plan to have marine patrol pro-
grams shall coordinate with Department of Fish and Game to provide
support in enforcement of State hunting and fishing laws.
(h) Local governments that have or plan to have marine patrol pro-
grams shall provide adequate levels of marine patrol to ensure public
health and safety on the waters of the Delta, taking into account funding
available and the number of vessels moored in the Delta, launched into
the Delta, and which travel into the Delta.
(i) Local governments that have or plan to have marine patrol, boater
education, and/or safety programs shall identify problems and solutions
surrounding crimes of environmental pollution which can be addressed
by local governments. Local governments shall consider feasible solu-
tions (additional pump-outs, dye tablets in holding tanks, rewards for ob-
servers, etc.).
(j) Local governments that have or plan to have marine patrol, boater
education, and/or safety programs shall implement or support education
and safety programs to address local, state, and federal laws aimed espe-
cially at personal water craft operators and means to encourage atten-
dance at such programs.
(k) Local governments that have or plan to have boater education pro-
grams shall implement or support boater education programs to address
local. State, and federal laws and means to encourage attendance at such
programs.
(/) Local governments that have or plan to have marine patrol pro-
grams shall encourage and coordinate with volunteer programs within
their jurisdiction as a way to supplement human resources on the Delta
waterways.
(m) Local governments that have or plan to have marine patrol pro-
grams shall ensure that adequate funds are reserved for marine patrol ser-
vices. Sources could include: reservation of existing funds such as vessel
property tax, launch ramp fees, fines collected from violators, county
share of Fish and Game Code violation fines, and possible funds gener-
ated from rental houseboats, boats or personal watercraft, or from marina
berths.
NOTE: Authority cited: Section 29752, Public Resources Code. Reference: Sec-
tions 29760, 29763 and 29763.5, Public Resources Code.
History
1. New section filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
Page 820.2
Register 2001, No. 19; 5-11-2001
JBH^
Barclays Official
California
Code of
Regulations
•
Title 14. Natural Resources
Division 10. San Joaquin River Conservancy
Vol. 19
XHOIVISOISI
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
San Joaquin River Conservancy
Table of Contents
Division 10. San Joaquin River Conservancy
Table of Contents
Page
Chapter 1. Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms
Definitions.
Selection Criteria.
Announcement of Project.
821
§2.5001.
§ 25002.
§ 25003.
§ 25004.
Selection of Qualified Firms.
§ 25005.
Estimate of Value of Services.
§ 25006.
Statewide Participation Goals.
§ 25007.
Negotiation.
§ 25008.
Amendments.
§ 25009.
Contracting in Phases.
§ 25010.
Executive Officer's Power to
Require Bids.
§25011.
Unlawful Consideration.
§ 25012.
Prohibited Relationships.
Page i
(2^1-2000)
Title 14
San Joaquin River Conservancy
§ 25006
Division 10. San Joaquin River
Conservancy
Chapter 1 . Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§ 25001 . Definitions.
(a) "Firm" means any individual, firm, partnership, corporation, asso-
ciation, or other legal entity permitted by law to practice the professions
of architecture, landscape architecture, engineering, environmental ser-
vices, land surveying or construction project management.
(b) "Small Business" means a firm that complies with the provisions
of Government Code Section 14837.
(c) "Executive Officer" means the Executive Officer of the San Joa-
quin River Conservancy.
(d) "Conservancy" means the San Joaquin River Conservancy, estab-
lished pursuant to the provisions of the Public Resources Code, com-
mencing with Section 32500.
(e) "Architectural, landscape architectural, engineering, environmen-
tal, land surveying services" and "construction project management"
means those services, as defined in Section 4525 of the Government
Code.
(f) The term "Disabled Veteran Business Enterprise" shall have the
meaning set forth in Section 999 of the Military and Veterans Code.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4525, Government Code; and Monterey Mechanical Co. v. Wilson (1997) 125
F.3d 702, 706 fn. 5.
History
]. New division 10, chapter! (sections 25001-2501 2) and section filed 10-15-98;
operative 1 1-14-98 (Register 98, No. 42).
§ 25002. Selection Criteria.
The Executive Officer shall utilize selection criteria for each proposed
project which will comprise the basis for the selection of eligible firms
to perform the required services. The criteria shall include such factors
as:
(a) Professional experience of the firm in performing services of simi-
lar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated
with the services required.
(g) Specialized experience of the firm in the services to be performed,
(h) Participation as small business firm.
(i) Other factors the Executive Officer deems relevant to the specific
task to be performed.
These factors shall be weighted by the Executive Officer according to
the nature of the proposed project, the complexity and special require-
ments of the specific services or project, and the needs of the Conservan-
cy.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.5, Government Code.
History
1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 25003. Announcement of Project.
(a) A statewide announcement of each proposed project shall be pub-
lished in the California State Contracts Register, in accordance with the
Government Code (commencing with Section 14825), and through the
publications of the respective professional societies. Failure of any pro-
fessional society to publish the announcement shall not invalidate any
contract.
(b) The announcement for each proposed project shall include, as a
minimum, a brief description of the services required, location, duration,
eligibility and preferences, submittal requirements, contact person for
the Conservancy, and the final response date for receipt of statements
from firms of their demonstrated competence and professional qualifica-
tions.
(c) The Executive Officer shall identify potentially qualified small
business firms interested in contracting with the Conservancy, and pro-
vide copies of project announcements to those small business firms that
have indicated an interest in receiving the announcements. Failure of the
Executive Officer to send a copy of an announcement to any firm shall
not invalidate any contract.
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4527, Government Code.
History
1 . New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 25004. Selection of Qualified Firms.
(a) After the expirafion of the final response date in the published proj-
ect announcement, the Executive Officer shall review and evaluate the
written statements of demonstrated competence and professional qualifi-
cations using the selection criteria contained in Section 25002 of these
regulations, and rank, in order of preference, the firms determined to be
eligible to perform the required services.
(b) The Executive Officer shall conduct discussions with at least the
three most eligible firms, about anticipated concepts and the benefit of
alternative methods for furnishing the required services. From the firms
with which discussions are held, the Execufive Officer shall select, in or-
der of preference, not less than three firms deemed to be the most highly
qualified to perform the required services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4627, Government Code.
History
1. New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 25005. Estimate of Value of Services.
(a) Before entering into discussion with any firm selected pursuant to
section 25004 of these regulations, the Executive Officer shall prepare,
or direct the preparafion of, an estimate of the value of the proposed proj-
ect, based upon accepted rates for comparable services. The estimate wQl
serve as a guide in determining fair and reasonable compensation in the
negotiation of a satisfactory contract in accordance with the provisions
of secdon 25007 of these regulations, and shall not be disclosed until after
the award of the contract or the abandonment of the negotiation process
for the services to which it relates.
(b) At any fime that the Executive Officer determines the estimate of
value of services to be unrealistic for any reason, the Executive Officer
shall require the estimate to be reevaluated and, if deemed necessary, mo-
dified.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4528, Government Code.
History
1. New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 25006. statewide Participation Goals.
In the negotiation of a satisfactory contract as provided in section
25007 of these regulafions, the best qualified firm must meet the state-
wide participation goal of not less than 3 percent for disabled veteran
business enterprises, or demonstrate that a good faith effort was made to
meet it, in order to comply with the statewide participation goals as re-
quired by the regulations contained in Title 2, California Code of Regula-
tions, Sections 1896.61-1896.64.
NOTE; Authority cited: Section 4526, Government Code; Section 101 15, Public
Contract Code; and Section 999, Military and Veterans Code. Reference: Section
4528, Government Code; Sections 10115, 10115.1 and 10115.2, Public Conu-act
Page 821
Register 98, No. 42; 10-16-98
§ 25007
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
Code; Sections 999, 999.1, 999.2 and 999.3, Military and Veterans Code; and
Monlerey Mechanical Co. v. Wilson (1997) 125 F.3d 702, 706 fn. 5.
History
1. New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 25007. Negotiation.
(a) From among the firms selected through the procedure described in
section 25004 of these regulations, as those most highly qualified to per-
forin the services required, the Executive Officer shall attempt to negoti-
ate a satisfactory contract with the best qualified firm at a compensation
which the Conservancy determines is fair and reasonable.
(b) If the Executive Officer is unable to negotiate a satisfactory con-
tract with the best qualified firm at a compensation which the Conservan-
cy determines is fair and reasonable, negotiations with that firm shall be
terminated and negotiations undertaken with the second best qualified
firm. If the Executive Officer is unable to negotiate a satisfactory contract
with the second best qualified firm at a compensation which the Conser-
vancy determines is fair and reasonable, then negotiations with that firm
shall be terminated and negotiations undertaken with the third best quali-
fied firm. If the Executive Officer is unable to negotiate a satisfactory
contract with the third best qualified firm at a compensation which the
Conservancy determines is fair and reasonable, negotiations with that
firm shall be terminated.
(c) If the Executive Officer is unable to negotiate a satisfactory con-
tract in accordance with subsections (a) and (b) immediately above, the
Executive Officer shall continue the negotiations process with the re-
maining qualified firms, if any, in order of preference, until a satisfactory
contract is reached. If unable to negotiate a satisfactory contract with any
of the qualified firms, the Executive Officer shall abandon the negoti-
ation process for the requested services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4527 and 4528, Government Code.
History
1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 25008. Amendments.
If the Executive Officer determines that a change in the contract is nec-
essary during the performance of the services being provided, then the
contracting parties may, by mutual consent, in wrifing, agree to modifica-
tions, additions or deletions in the contract terms, conditions and specifi-
cations for the services involved, with a reasonable adjustment also in the
compensation provided for the services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4528, Government Code.
History
1. New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 25009. Contracting in Phases.
If the Executive Officer determines it is necessary or desirable for the
project to be performed in separate phases, the Executive Officer may ne-
gotiate a partial compensation for the initial phase of the services re-
quired; provided, however, that the Executive Officer first determines
that the firm selected is best qualified to perform the entire project. The
contract shall include a provision that the Conservancy may, at its option,
utilize the firm to perform other phases of the services at a compensation
which the Conservancy determines is fair and reasonable, to be later ne-
gotiated and included in a mutually acceptable written agreement. In the
event that the Conservancy exercises its option under the contract to uti-
hze the firm to perform other phases of the project, the procedures of this
Chapter with regard to estimates of value of services and negotiation
shall similarly be followed.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4528, Government Code.
History
1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 25010. Executive Officer's Power to Require Bids.
If the Executive Officer determines that the services are technical in
nature and involve little professional judgement and that requiring bids
would be in the public interest, a contract shall be awarded on the basis
of competitive bids and not the procedures of this Chapter.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4529, Goveminent Code.
History
1. New section filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 2501 1 . Unlawful Consideration.
Each contract shall include a provision by which the contracting firm
warrants to the state that the contract was not obtained or secured through
rebates, kickbacks or other unlawful consideration either promised or
paid to any Conservancy officer or employee. Failure to adhere to this
warranty may be cause for contract termination and recovery of damages
under the rights and remedies due the Conservancy under the default pro-
visions of the contract.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4526, Government Code.
History
1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 25012. Prohibited Relationships.
No Conservancy employee or officer who participates in the evalua-
tion or selection process leading to award of a contract shall have a rela-
tionship with any of the firms seeking that contract, if that relationship
is subject to the prohibition of Government Code Section 87100.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 87100 and 87102, Government Code.
History
1. New section filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
^ H^
Page 822
Register 98, No. 42; 10-16-98
.A.
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 11. Coachella Valley Mountains Conservancy
Vol. 19
XHOIVISOIM
*
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
Coachella Valley Mountains Conservancy
Table of Contents
Division 11. Coachella Valley Mountains Conservancy
Table of Contents
Page
Page
Chapter 1 . Coachella Valley Mountains
Conservancy 823
§ 25050. Conflict of interest Code.
Appendix A 823
Appendix B 823
Page i
(6-27-2003)
Title 14
Coachella Valley Mountains Conservancy
§ 25050
Division 11.
Ciiapter 1.
Coachella Valley Mountains
Conservancy
Coachella Valley Mountains
Conservancy
§ 25050. Conflict of Interest Code.
The Political Reform Act, Government Code Section 81000, et seq.,
requires state and local government agencies to adopt and promulgate
conflict of interest codes. The Fair Political Practices Commission has
adopted a regulation, Title 2, California Code of Regulations, Section
18730, which contains the terms of a standard Conflict of Interest Code,
which can be incorporated by reference, and which may be amended by
the Fair Political Practices Commission to conform to amendments to the
Political Reform Act after public notice and hearings. Therefore, the
terms of Title 2, California Code of Regulations, Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commis-
sion, along with the attached Appendices in which officials and em-
ployees are designated and disclosure categories are set forth, are hereby
incorporated by reference and constitute the Conflict of Interest Code of
the Coachella Valley Mountains Conservancy.
Designated employees shall file their statements of economic interests
with the Coachella Valley Mountains Conservancy. Upon receipt of the
statements of the members of the Coachella Valley Mountains Conser-
vancy, the Conservancy shall make and retain copies and forward the
original of these statements to the Fair Political Practices Commission.
Statements for all other designated employees will be retained by the
Coachella Valley Mountains Conservancy and made available for public
inspection and reproduction. (Gov. Code, § 81008).
NOTE: Authority cited: Section 87300, Government Code. Reference: Sections
87300-87302 and 87306, Government Code.
History
1. New division 1 ] (chapter 1), chapter ] (section 2.'i050), section and Appendices
A and B filed 6-23-2003; operative 7-23-2003. Approved by Fair Political
Practices Commission 5-12-2003 (Register 2003, No. 26).
Appendix A
Designated Positions
Chairperson, Vice-Chairperson, all
Board members and Designees
Consultants paid by the Conservancy'
Executive Director
Assigned Disclosure Categories
1
Associate Director
Appendix B
Disclosures Categories
Category 1
Persons in this category are required to report:
(1 ) All real property or an interest in real property located within or not
more than two miles from the boundaries of the Coachella Valley. -
(2) All sources of income from, and all investments and business posi-
tions in, entities which are of the type which provide goods, services,
equipment, leased space, materials, supplies or machinery to the Conser-
vancy.
^With respect to consultants the Executive Director, however, may determine in
writing that a particular consultant, although a "designated person," is hired to per-
form a range of duties that is limited in scope and thus is not required to fully com-
ply with the disclosure requirements described in this section. Such written deter-
mination shall include a description of the consultant's duties and, based upon that
description, a statement of the extent of disclosure requirements. The Executive
Director's determination is a public record and shall be retained for public inspec-
tion in the same manner and location as this conflict of interest code.
^For purposes of this Appendix, "Coachella Valley" means the jurisdictional lim-
its of the Coachella Valley Mountains Conservancy as set forth in Public Re-
sources Code § 33502.
Page 823
Register 2003, No. 26; 6-27-2003
i^B^
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 13. San Diego River Conservancy
Vol. 19
XHOIVISOIM
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WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14
San Diego River Conservancy
Table of Contents
Division 13. San Diego River Conservancy
Table of Contents
Page
Chapter 1. San Diego River Conservancy 825
§ 25201 . Conflict of Interest Code.
Appendix A 825
Appendix B 825
Chapter 2. Selection Process for Private
Architectural. Landscape
Architectural, Engineering,
Environmental, Land Surveying
and Construction Project
Management Firms 825
§ 25202.
Definitions.
§ 25203.
Selection Criteria.
§ 25204.
Announcement of Project.
§ 25205.
Selection of Qualified Firms.
§ 25206.
Statewide Participation Goals
§ 25207.
Negotiation.
§ 25208.
Contracting in Phases.
§ 25209.
Executive Officer's Power to
Require Bids.
§25210.
Unlawful Consideration.
§25211.
Prohibited Relationships,
Page i
(4-18-2008)
Title 14
San Diego River Conservancy
§ 25204
Division 13. San Diego River Conservancy
Chapter 1. San Diego River Conservancy
§ 25201 . Conflict of Interest Code.
The Political Reform Act, Government Code Section 81 000 et seq., re-
quires state and local government agencies to adopt and promulgate con-
flict of interest codes. The Fair Political Practices Commission has
adopted a regulation, California Code of Regulations, title 2, section
18730, which contains the terms of a standard Conflict of Interest Code,
which can be incorporated by reference, and which may be amended by
the Fair Political Practices Commission to conform to the amendments
to the Political Reform Act after public notice and hearings. Therefore,
the terms of California Code of Regulations, title 2, section 18730 and
any amendments to it duly adopted by the Fair Political Practices Com-
mission, along with the attached Appendices in which officials and em-
ployees are designated and disclosure categories are set forth, are hereby
incorporated by reference and constitute the Conflict of Interest Code of
the San Diego River Conservancy.
Designated employees shall file their statements of economic interests
with the San Diego River Conservancy. Upon receipt of the statements
of the governing board of the San Diego River Conservancy, the San Di-
ego River Conservancy shall make and retain copies and forward the
original of these statements to the Fair Political Practices Commission.
Statements for all other designated employees will be retained by the San
Diego River Conservancy and made available for public inspection and
reproduction. (Gov. Code, § 81008).
NOTE: Authority cited: Section 87300, Government Code. Reference: Sections
87300-87302 and 87306, Government Code.
History
1. New division 13 (chapter 1), chapter 1 (section 25201), section and Appendices
A and B filed 1-11-2005; operative 2-10-2005. Approved by Fair Political
Practices Conunission 1 1-9-2004 (Register 2005, No. 2).
Designated Positions
Chairperson, Vice-Chairperson, all
Board members and Designees
Consultants paid by the Conservancy'
Executive Officer
Appendix B
Appendix A
Assigned Disclosure Categories
1
Disclosure Categories
Category 1
Persons in this category are required to report:
(1) All interests in real property located within or not more than two
miles from the boundaries of the San Diego River Area.-
(2) All investments and business positions in, and income, including
gifts, loans and travel payments, from entities which are of the type to
provide goods, services, equipment, leased space, materials, supplies or
machinery to the Conservancy.
'With respect to consultants the Executive Officer, however, may determine in
writing that a particular consultant, although a "designated person," is hired to per-
form a range of duties that is limited in scope and thus is not required to fully com-
ply with the disclosure requirements described in this section. Such written deter-
mination shall include a description of the consultant's duties and, based upon that
description, a statement of the extent of disclosure requirements. The Executive
Officer's determination is a public record and shall be retained for pubhc inspec-
tion in the same manner and location as this conflict of interest code.
"'For purposes of this appendix, "San Diego River Area" means the Jurisdictional
limits of the San Diego River Conservancy as set forth in Public Resources Code
sections 32644 and 32632, subdivision (f)-
Chapter 2. Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land Surveying
and Construction Project Management Firms
§ 25202. Definitions.
(a) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the profes-
sions of architecture, landscape architecture, engineering, environmental
services, land surveying or construction project management.
(b) "Small Business" means a firm that complies with the provisions
of Government Code Section 14837.
(c) "Executive Officer" means the Executive Officer of the San Diego
River Conservancy.
(d) "Conservancy" means the San Diego River Conservancy, estab-
lished pursuant to the provisions of the Public Resources Code, com-
mencing with Section 32630.
(e) "Architectural, landscape architectural, engineering, environmen-
tal, land surveying services" and "construction project management"
means those services, as defined in Section 4525 of the Government
Code.
(f) The term "Disabled Veteran Business Enterprise" shall have the
meaning set forth in Section 999 of the Military and Veterans Code.
NOTE; Authority cited: Section 32643, Public Resources Code; Article XXII, Sec-
tions 1 and 2, California Consritution; and Section 4526, Government Code. Ref-
erence: Section 32643, Public Resources Code; and Sections 4525-4529.5, Gov-
ernment Code.
History
1. New chapter 2 (sections 25202-25211) and section filed 1-29-2008; operative
2-28-2008 (Register 2008, No. 5).
§ 25203. Selection Criteria.
With respect to architecture, landscape architecture, engineering, en-
vironmental services, land surveying or construction project manage-
ment contracts, the Executive Officer shall utilize selection criteria for
each proposed project which will comprise the basis for the selection of
eligible firms to perform the required services. The criteria shall include
such factors as:
(a) Professional experience of the firm in performing services of simi-
lar nature.
(b) Quality and relevance of recently completed or ongoing work.
(c) Reliability, continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to be assigned.
(f) Knowledge of applicable regulations and technology associated
with the services required.
(g) Specialized experience of the firm in the services to be performed,
(h) Status as a certified small business firm.
(i) Status as a disable veteran business enterprise (DVBE) and good
faith effort of the contractor to contract with DVBEs to assist the Conser-
vancy in its efforts to meet statewide participation goals for DVBEs as
set forth in Public Contract Code section 101 15.
(j) Other factors the Executive Officer deems relevant to the specific
task to be performed. These factors shall be weighted by the Executive
Officer according to the nature of the proposed project, the complexity
and special requirements of the specific services or project, and the needs
of the Conservancy.
NOTE: Authority cited: Section 32643, Public Resources Code; Article XXII, Sec-
tions 1 and 2, California Constitution; and Section 4526, Government Code. Ref-
erence: Section 32643, Public Resources Code; and Sections 4525-4529.5, Gov-
ernment Code.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25204. Announcement of Project.
(a) An annual statewide announcement of expected needs for architec-
ture, landscape architecture, engineering, environmental services, land
surveying or construction project management services shall be pub-
Page 825
Register 2008, No. 5; 2-1-2008
§ 25205
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 14
lished in the California State Contracts Register, in accordance with the
Government Code (commencing with Section 14825), and through the
publications of the respective professional societies. Failure of any pro-
fessional society to publish the announcement shall not invalidate any
contract.
(b) The announcement for each proposed project shall include, as a
minimum, a brief description of the services required, location, duration,
eligibility and preferences, submittal requirements, contact person for
the Conservancy, and the final response date for receipt of statements
from firms of their demonstrated competence and professional qualifica-
tions.
(c) The Executive Officer shall identify potentially qualified small
business firms interested in contracting with the Conservancy, and pro-
vide copies of project announcements to those small business films that
have indicated an interest in receiving the announcements. Failure of the
Executive Officer to send a copy of an announcement to any firm shall
not invalidate any contract.
NOTE: Authority cited: Section 32643, Public Resources Code; Article XXII, Sec-
tions 1 and 2, California Constitution; and Section 4526, Government Code. Ref-
erence: Section 32643, Public Resources Code; and Sections 4525-4529.5, Gov-
ernment Code.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25205. Selection of Qualified Firms.
(a) After the expiration of the final response date in the published proj-
ect announcement, the Executive Officer shall review and evaluate the
written statements of demonstrated competence and professional qualifi-
cations using the selection criteria contained in section 25203 of these
regulations, and rank, in order of preference, the firms determined to be
eligible to perform the required services.
(b) The Executive Officer shall conduct discussions with at least the
three most eligible firms, about anticipated concepts and the benefit of
alternative methods for furnishing the required services. From the firms
with which discussions are held, the Executive Officer shall select, in or-
der of preference, not less than three firms deemed to be the most highly
qualified to perform the required services.
NOTE: Authority cited: Section 32643, Public Resources Code; Article XXII, Sec-
tions 1 and 2, California Constitution; and Section 4526, Government Code. Ref-
erence: Section 32643, Public Resources Code; and Sections 4525^529.5, Gov-
ernment Code.
History
1 . New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25206. Statewide Participation Goals.
Contracts awarded under this chapter shall have statewide participa-
tion goals of not less than three percent for DVBEs as specified in Public
Contract Code section 101 15.
NOTE; Authority cited: Section 32643, Public Resources Code; Article XXII, Sec-
tions 1 and 2, California Constitution; Section 4526, Government Code; Section
101 15, Public Contract Code; and Section 999, Military and Veterans Code. Ref-
erence: Section 32643, Public Resources Code; Section 4528, Government Code;
Sections 101 15, 101 15.1 and 10115.2, Public Contract Code; and Sections 999,
999.] , 999.2 and 999.3, Military and Veterans Code; and Monterey Mechanical
Co. V. Wilson (1997) 125 F.3d 702, 706 fn. 5.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25207. Negotiation.
(a) From among the firms selected through the procedure described in
section 25205 of these regulations, as those most highly qualified to per-
form the services required, the Executive Officer shall attempt to negoti-
ate a satisfactory contract with the best quaUfied firm at a compensation
which the Conservancy determines is fair and reasonable.
(b) If the Executive Officer is unable to negotiate a satisfactory con-
tract with the best qualified firm at a compensation which the Conservan-
cy determines is fair and reasonable, negotiations with that firm shall be
terminated and negotiations undertaken with the second best qualified
firm. If the Executive Officer is unable to negotiate a satisfactory contract
with the second best qualified firm at a compensation which the Conser-
vancy determines is fair and reasonable, then negotiations with that firm
shall be terminated and negotiations undertaken with the third best quali-
fied firm. If the Executive Officer is unable to negotiate a safisfactory
contract with the third best qualified firm at a compensation which the
Conservancy determines is fair and reasonable, negotiafions with that
firm shall be terminated.
(c) If the Executive Officer is unable to negotiate a satisfactory con-
tract in accordance with subsections (a) and (b) immediately above, the
Execufive Officer shall confinue the negotiations process with the re-
maining qualified firms, if any, in order of preference, until a safisfactory
contract is reached. If unable to negotiate a safisfactory contract with any
of the qualified firms, the Executive Officer shall abandon the negoti-
afion process for the requested services.
NoTE: Authority cited: Section 4526, Government Code. Reference: Sections
4527 and 4528, Government Code.
History
1. New section fded 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25208. Contracting in Phases.
If the Execufive Officer determines it is necessary or desirable for the
project to be performed in separate phases, the Execufive Officer may ne-
gofiate a parfial compensafion for the initial phase of the services re-
quired; provided, however, that the Executive Officer first determines
that the firm selected is best qualified to perform the enfire project. The
contract shall include a provision that the Conservancy may, at its option,
utilize the firm to perform other phases of the services at a compensation
which the Conservancy determines is fair and reasonable, to be later ne-
gofiated and included in a mutually acceptable written agreement. In the
event that the Conservancy exercises its opfion under the contract to ufi-
lize the firm to perform other phases of the project, the procedures of this
Chapter with regard to esfi mates of value of services and negofiafion
shall similariy be followed.
NoTE; Authority cited: Section 4526, Government Code. Reference: Secfions
4526 and 4528, Government Code.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25209. Executive Officer's Power to Require Bids.
If the Executive Officer determines that the services are technical in
nature and involve litde professional judgement and that requiring bids
would be in the public interest, a contract shall be awarded on the basis
of competifive bids and not the procedures of this Chapter.
NotE: Authority cited: Section 4526, Government Code. Reference: Section
4529, Government Code.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
§ 25210. Unla>Arful Consideration.
Each contract shall include a provision by which the contracting firm
warrants to the state that the contract was not obtained or secured through
rebates, kickbacks or other unlawful considerafion either promised or
paid to any Conservancy officer or employee. Failure to adhere to this
warranty may be cause for contract termination and recovery of damages
under the rights and remedies due the Conservancy under the default pro-
visions of the contract.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4526, Government Code.
History
1. New section filed 1-29-2008; operafive 2-28-2008 (Register 2008, No. 5).
§ 2521 1 . Prohibited Relationships,
No Conservancy employee, officer or Board member who parficipates
in the evaluafion or selection process leading to award of a contract shall
have a relafionship with any of the firms seeking that contract, if that rela-
fionship is subject to the prohibifion of Government Code Secfion 87100.
NOTE: Authority cited: Secfion 4526, Government Code. Reference: Sections
4526, 87100 and 87102, Government Code.
History
1. New section filed 1-29-2008; operative 2-28-2008 (Register 2008, No. 5).
Page 826
Register 2008, No. 5; 2-1-2008
A,
Barclays Official
California
Code of
Regulations
Title 14. Natural Resources
Division 14. Sierra Nevada Conservancy
Vol. 19
TMOIVISOIM
^k
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 14 Sierra Nevada Conservancy Table of Contents
Division 14. Sierra Nevada Conservancy
Table of Contents
Page Page
Chapter 1 . Sierra Nevada Conservancy 827 Appendix 827
§ 25231. Conflict of Interest Code of the
Sierra Nevada Conservancy.
Page i (1-12-2007)
Title 14
Sierra Nevada Conservancy
§ 25231
Division 14. Sierra Nevada Conservancy
Chapter 1 . Sierra Nevada Conservancy
§ 25231 . Conflict of Interest Code of the Sierra Nevada
Conservancy.
(a) The terms of Title 2, California Administrative Code, Section
18730, and any amendments to it duly adopted by the Fair Political Prac-
tices Commission, are hereby adopted and incorporated by this refer-
ence, and together with the attached Appendix designating officials and
employees and establishing disclosure categories, shall constitute the
conflict of interest code of the Sierra Nevada Conservancy.
(b) Designated employees shall file their statements with the Sierra
Nevada Conservancy which will make the statements available for pub-
lic inspection and reproduction. Upon receipt of the statements for Board
Members, Alternates and the Executive Officer, the agency shall make
and retain a copy and forward the original to the Fair Political Practices
Commission. Statements for all other designated employees will be re-
t;uned by the agency.
Appendix
Designated Employees Disclosure Categories
Board Members and Alternates
Executive Officer
Staff Members
Staff Counsel
Staff Services Manager (Director of
Administration)
Program Manager
Program Analysts
Information Systems Analysts
Executive Secretary
Management Services Technician
A,B
A,B
A, B
A, B
A,B
A
B
B
B
Consultants and Contractors paid by the
Conservancy C
Disclosure Categories
Category A
Persons in this category must report all investments, interests in real
property, income (including gifts, loans and travel payments other than
travel reimbursements paid by the Conservancy), and any business posi-
tion with any business entity in which the person is a director, officer,
partner, trustee, employee, or holds any position of management, subject
to the following limitations:
(a) Income is reportable only if it is received from a source within the
region or, if that source is doing business within the region, planning to
do business within the region, or has done business within the region dur-
ing the two-year period prior to the time any statement is required under
this code.
(b) An interest in real property is reportable only if the property, or any
part of it, is located within or not more than two miles outside the bound-
aries of the region.
(c) Investments are reportable only if the business entity has an interest
in real property in the region, or does business, or plans to do business,
in the region, or has done business within the region at any time during
the two-year period prior to the time any statement is required under this
code.
(d) Business entities are reportable for purposes of business position
disclosure only if the business entity is doing business, or plans to do
business, within the region or has done business within the region at any
time during the two years prior to the time any statement is required under
these regulations.
(e) For purposes of the above limitations the term "region" means the
Sierra Nevada Region as described by Public Resources Code section
33302(f).
Category B
Persons in this category shall disclose any investment in a business en-
tity, business position in a business entity, and income from a source (in-
cluding gifts, loans, and travel payments other than travel reimburse-
ments paid by the Conservancy), if the business entity or source of
income is of a type to do business with the Conservancy or to contract
with the Conservancy to provide goods, services, equipment, materials
or facilities to or used by the Conservancy.
Category C
Persons in this category are considered designated employees, are
subject to the disclosure categories in A and B and the disqualification
requirements described in the standard Conflict of Interest Code, section
18730(b)(9). The Executive Officer, however, may determine in writing
that a particular consultant, although a "designated employee," is hired
to perform a range of duties that are limited in scope and thus is not re-
quired to fully comply with the disclosure requirements described in this
section. Such written determination shall include a description of the
consultant's duties and, based on that description, a statement of the ex-
tent of disclosure requirements. The Executive Officer's determination
is a public record and shall be retained for public inspection in the same
manner and location as other statements filed in accordance with this
conflict of interest code.
NOTE: Authority cited: Section 33300 and 33325(b), Public Resources Code; and
Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq.,
Government Code.
History
1. New division 14 (chapter I), chapter 1 (section 25231), section and Appendix
tiled 12-28-2006; operative 1-27-2007. Approved by Fair Political Practices
Commission 10-24-2006 (Register 2006, No. 52).
* * t-
Page 827
Register 2006, No. 52; 12-29-2006
:9L
Barclays Official
California
Code of
Regulations
SUBJECT INDEX
Title 14
Natural Resources
THOIVISOM
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MVEST
Barclays Official California Code of Regulations
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Index updated through Register 2007, Number 52; December 28, 2007
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License.
TITLE 14 INDEX
ANCHOVIES
•
ABALONE
Bag and possession provisions, 14:29.15
Commercial operations prohibited, 14:100
Transport, possession and sale for aquacultural pur-
poses, 14:240
ABALONE COVE ECOLOGICAL RESERVE,
14:630
ABALONE COVE STATE MARINE PARK,
14:632
ABANDONMENT
Bridges on logging roads, planned abandonment
-Coast Forest District, 14:923.8
-Northern Forest District, 14:943.8
-Southern Forest District, 14:963.8
Continental shelf oil and gas wells, 14:1745
Geothermal energy cased wells, 14:1981.2
Logging and sawmill roads and landings
-Coast Forest District, 14:923.8
-Northern Forest District, 14:943.8
-Siinta Cruz County, 14:926.17
-Southern Forest District, 14:963.8
Motor vehicles
-Definition, waste management, 14:17225.1
ABATEMENT
Solid waste transfer/processing operations and
facilities, nuisances, 14:17408.5
ABBOTT LAKE ECOLOGICAL RESERVE,
14:630
ABBREVIATIONS
Oil spill prevention and response, 14:790
-Cleanup agents, 14:884.5
ACCESS TO INFORMATION
Coastal Commission records, 14:13013.5
Coastal Conservancy records, 14:13706
"EIR Monitor," 14:15240
Logging
-Program timber harvesting plans, public inspec-
tion, 14:1092.18, 14:1092.25
Oil and gas records
-Confidential status
—Extension, 14:1997.2
—Request, 14:1997.1
-Definitions, 14:1996-14:1996.10
-Disclosure guidelines, 14:1998.2
-Experimental log or test classification, 14:1997.3
-Interpretive data classification, 14:1997.4
-Policy, 14:1995.1
-Purpose of rules, 14:1995
-Scope of regulations, 14:1995.2
-Status determination, 14:1997
—Appeal, 14:1997.5
Recycling operations
-Disclosure exemption, 14:2080
-Processing fees, 14:2945
Timber harvesting plans
-Conformance notice, 14:1037.9
-Intent notice, 14:1032.9
-Public inspection, 14:1092.18, 14:1092.25
Used oil recycling reports, 14:18612
-Entities clainning incentives, 14:18619.4
ACCOUNTS AND ACCOUNTING
See also AUDITS
Beverage container recycling centers, 14:2520
Off-highway motor vehicle recreation grants and
cooperative agreements program, 14:4970.21
-Applications received after Jan. 1, 2006,
14:4970.70
ACTINOLITE
Asbestiform
See generally ASBESTOS
ACTIONS
See LITIGATION
ACT\ONS-contiiiued
Appeals
See APPEALS
ADMINISTRATIVE AGENCIES, LOCAL
See LOCAL AGENCIES
ADVERTISING
Oil recycline collection centers, requirements,
14:18651.4
Ship brokers, 14:7602
Used oil recycling collection centers, requirements,
14:18651.4
Yacht brokers, 14:7602
AFFORDABLE HOUSING
See LOW-INCOME HOUSING
AGENCIES, ADMINISTRATIVE
See LOCAL AGENCIES
AGRICULTURAL LABORER HOUSING
Environmental Quality Act exemptions, 14:15278
AGRICULTURAL LABORERS
Housing, environmental impact report exemptions,
14:15191-14:15193, 14:15196
AGRICULTURAL PRESERVES
Land conservation contracts
-Cancellation fee waivers, 14:14125
AGRICULTURAL WASTES, 14:17801-14:17824
Appeals, 14:17805
AppHcability, 14:17802
Compliance with other rules, 14:17803
Conformance with county plans, 14:17804
CoiTection of adverse conditions, 14:17822
Definitions, 14:17225.3
-Confined animals, 14:17810.2
-Enforcement agency inspection, 14:17810.3
-Excessive odor, dust, and feathers, 14:17810.5
-Excessive vectors, 14:17810.4
-Manure, 14:17810.1
Farm and ranch solid waste cleanup and abatement
grant program, 14:17990-14:17994.3
Inspections, 14:17821
Intent, 14:17801
Management practices, 14:17823
-Dead animals, 14:17823.5
-Dust, hair, and feathers, 14:17823.4
-Manure, 14:17823.1
-Vegetable or fruit crops
— Field residues, 14:17823.2
— Processing wastes, 14:17823.3
-Waste ponds, lagoons, ditches, and pipelines,
14:17824
Public health/well-being hazards, 14:17820
AGRICULTURE
Agricultural land stewardship program (ALSP),
14:3000-14:3015
Animals
See ANIMALS; LIVESTOCK
Composting
See COMPOSTING
Crops
-Damage by rabbits, 14:308.5
-Vegetable or fruit crops
— Field residues, 14:17823.2
— Processing wastes, 14:17823.3
Endangered species, incidental take,
14:786.0-14:786.8
Horses
See HORSES
Land conservation program, 14:3000-14:3015
Livestock
See LIVESTOCK
Mining and reclamation, 14:3707
Rabbits, crop damage by, 14:308.5
Ranchers, incidental take of endangered or threat-
ened species, 14:786.0-14:786.8
Sacramento-San Joaquin Delta land use plan,
14:20060, 14:20070
-Environmental protection, 14:20040
Threatened species, incidental take,
14:786.0-14:786.8
Wastes
See AGRICULTURAL WASTES
AGRICULTURE-co/z//H«ef/
Wildlife areas, restrictions, 14:550
AGUA HEDIONDA LAGOON STATE MARINE
RESERVE, 14:632
AIR CONDITIONERS
See generally APPLIANCES, HOUSEHOLD
AIR POLLUTION AND CONTROL
Environmental Quality Act exemptions, 14:15281
Hazardous wastes
-Land disposal and treatment facilities,
14:17258.24
Ventilation
See VENTILATION
AIRPORTS AND AIR TRANSPORTATION
Aircraft landing and takeoff restrictions
-Parks and recreation areas, 14:4304
Environmental impact reports
-Projects near airports, 14:15154
Landfills
-Location of municipal solid waste landfill units
near airports
—Safety standards, 14:17258.10
Closure requirements, 14:17258.16
Sacramento-San Joaquin Delta land use plan,
14:20050
ALBANY MUDFLATS STATE MARINE PARK,
14:632
ALCOHOLIC BEVERAGES
Cal-Expo niles, 14:4958
ALEUTIAN GEESE
Hunting provisions, 14:502
ALKALI SINK ECOLOGICAL RESERVE, 14:630
ALLENSWORTH ECOLOGICAL RESERVE,
14:630
ALL-TERRAIN VEHICLES
Off-highway motor vehicle recreation grants and
cooperative agreements program,
14:4970- 1 4:4970.2 1 , 1 4:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
ALQUIST-PRIOLO ZONES
Mining and Geology Board policies and criteria,
14:3600-14:3614
ALUMINUM CANS OR CONTAINERS
Recycling of beverage containers
See BEVERAGE CONTAINERS
AMADOR COUNTY
Hazardous fire areas
-Beaver Ridge-Bear River, 14:1204.6
-Sly Park-Alder Creek, 14:1204.10
-Whitmore-Panther Creek, 14:1204.5
AMOSITE
Asbestiform
See generally ASBESTOS
AMPHIBIANS
Bag and possession provisions, 14:5.05
Commercial operations
-Field collecting for scientific or educational use,
14:651
Endangered species, 14:670.5
Importation, transportation, and possession restric-
tions, 14:671
Native amphibians, 14:40
-Defined, 14:1.67
Threatened species, 14:670.5
ANACAPA CHANNEL STATE MARINE
RESERVE, 14:632
ANACAPA ISLAND ECOLOGICAL RESERVE,
14:630
ANACAPA ISLAND STATE MARINE CONSER-
VATION AREA, 14:632
ANACAPA ISLAND STATE MARINE RESERVE,
14:632
ANCHOVIES
Commercial fishing operations, permit require-
ments, 14:147
ANDERSON WOODLANDS HAZARDOUS FIRE AREA
CALIFORNIA CODE OF REGULATIONS
ANDERSON WOODLANDS HAZARDOUS FIRE
AREA
Geographic boundaries, 14:1203.3
ANGEL ISLAND STATE PARK
Recreation provisions, 14:4603
ANHYDROUS AMMONIA
Agricultural use
See AGRICULTURE
ANIMALS
See also specific type
Birds
See BIRDS
Broker-dealers, importation, transportation, and
possession of restricted species, 14:671.1
Dead
See DEAD ANIMALS
Deer
See DEER
Dogs
See DOGS
Endangered
See ENDANGERED SPECIES
Furbearing
See HUNTING
Game animals
See HUNTING
Horses
See HORSES
Laboratory animals, care and treatment, 14:671.3
Livestock
See LIVESTOCK
Pets
See PETS
Pigs
See PIGS, WILD
Protected species
See ENDANGERED SPECIES
Rehabilitation facilities, diseased animals, 14:679
Release into wild, 14:671.6
Rodents
See RODENTS
Threatened
See THREATENED SPECIES
Wastes
See AGRICULTURAL WASTES
Wild animals
See WILD ANIMALS
ANIMAL WASTE
See AGRICULTURAL WASTES
ANO NUEVO STATE RESERVE
Invertebrate area, closure, 14:632
ANTELOPE
Definition, 14:350
Hunting provisions, 14:363
-Dogs used in hunting, prohibition, 14:265
-License tags, 14:708
ANTELOPE VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
ANTHOPHYLLITE
Asbestiform
See generally ASBESTOS
ANZA-BORREGO DESERT STATE PARK
Cavrizo impact area, 14:4604
APES
See generally WILD ANIMALS
APPEALS
Boating safety and enforcement financial aid pro-
gram, 14:6593.10
Delta protection commission, appeals from local
government decisions, 14:20000-14:20013
Electronic waste recycling
-Applications, denial or revocation of approval,
14:18660.19
-Manufacturers, denied or adjusted payment
claims, 14:18660.39
-Recycling payment claims, denial or adjustment,
14:18660.31
APPEALS-continiied
Endangered species, incidental take permits,
14:783.8
Farm and ranch solid waste cleanup and abatement
grant program. 14:17994.3
Integrated waste management board (CIWMB)
-Contractors, grantees, or borrowers; finding of
unreliability, 14:17055
—Hearings, 14:17057
—Pending award, 14:17059
Logging
-Program timber harvesting plans, environmental
impact reports, 14:1092.31
Mining and Geology Board, 14:3680-14:3690
Oil spill cleanup agents, exemptions and licensing
matters, 14:885.2
Oil spill response organization (OSRO) ratings,
14:819.07
Program timber harvesting plans, environmental
impact reports, 14:1092.31
Reclamation plans, 14:3650-14:3659
Recycling of beverage containers
-Handling fees, 14:2519
Surface mines
-Designation appeal procedures, 14:3625-14:3634
-Surface Mining and Reclamation Act compliance
orders, 14:3940-14:3948
Threatened species, incidental take permits,
14:783.8
Tires, waste facilities, cleanup and abatement
orders and notices, 14:18499.8
APPLIANCES, HOUSEHOLD
Construction and demolition debris, definitions,
14:17381
Discarded, defined as "bulky waste," 14:17225.8
Waste regulations, exemption from integrated
waste management board, 14:17402.5
APRICUM HILL ECOLOGICAL RESERVE,
14:630
AQUACULTURE
Aquarium or pet store sale restrictions, 14:227
Broodstock provisions, 14:243
Disease control regulations, 14:245
Leasing of state water bottoms, 14:237
Permits
-Davenport Landing Creek, anadromous fish,
14:235.2
-Importing, 14:236
-Registration requirements, 14:235
-Sale and transport of aquatic plants and animals,
14:671.7
Sale and transport of aquatic plants and animals,
14:238
-Permits, 14:671.7
-Restricted species, 14:671
Salmonidae from Idaho, import prohibition, 14:241
Screening requirements, 14:235.1
Stocking, 14:238.5
Timber operations, protection from
-Coast Forest District, 14:916.2
-Northern Forest District, 14:936.2
-Southern Forest District, 14:956.2
Transport, possession, and sale for aquacultural
purposes, 14:240
AQUARIUMS
Aquatic animals, importation, possession, and
transportation permits, 14:671.7
Dealers, 14:227
Marine aquaria receivers licenses, 14:188
AQUATIC PLANTS
See AQUACULTURE
ARCHAEOLOGICAL SITES
See HISTORIC SITES
ARCHERY
See also CROSSBOWS
Hunting
-American crows, 14:485
-Big game
—Bear, 14:366
—Deer, 14:361
— Pronghom antelope, 14:363
AnChERY-continued
HunUng-coiitinued
-Domesticated migratory game bird shooting areas,
14:600.4
-Equipment regulations, 14:354
-Furbearing mammals, 14:465
-Migratory game birds, 14:507
— State and federal areas. 14:551
-Resident small game, 14:311
-State and federal wildlife areas, 14:551
ARCHITECT, STATE OFFICE
Selection of architectural and engineering firms for
state contracts
See PUBLIC WORKS
ARCHITECTS
Alquist-Priolo earthquake zones. Mining and Geol-
ogy Board services contracts, 14:3604-14:3614
Boating and Waterways Department services con-
tracts, 14:8100-14:8100.13
Coastal conservancy contracts, 14:13870-14:13893
Fish and game department contracts,
14:789.0-14:789.6
Forestry contracts, 14:1663-14:1663.9
Integrated waste management board contracts,
14:17029
Mining and Geology Board services contracts
-Alquist-Priolo earthquake zones, 14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
Oil, Gas, and Geothermal Resources Division, con-
tracting, 14:1690-14:1699
Parks and recreation department contracts,
14:4725-14:4736
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process,
14:14021-14:14032
San Joaquin River Conservancy, selection process,
14:25001-14:25012
Seismic hazards mapping. Mining and Geology
Board services contracts, 14:3726-14:3736
Selection for state contracts
See PUBLIC WORKS
State contracts
See PUBLIC WORKS
Surface mining and reclamation, Mining and Geol-
ogy Board services contracts, 14:3920-14:3930
ARROWTOOTH FLOUNDER
Bag and possession provisions, 14:28.49
ARROYO TRABUCO
Construction aggregate resources, 14:3550.4
ASBESTOS
Integrated waste management plans
-Definitions, 14:18720
-Solid waste category, 14:18722
Waste disposal
-Asbestos containing waste, 14:17897-14:17897.25
ASH
Nonhazardous waste, disposal and handling,
14:17375-14:17379.1
Solid waste category
See also generally SOLID WASTE
-Definition of ashes, 14:17225.5
—Rubbish, as, 14:17225.59
ASH CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
ATASCADERO BEACH STATE MARINE CON-
SERVATION AREA, 14:632
ATASCADERO CREEK MARSH ECOLOGICAL
RESERVE, 14:630
AUBURN STATE RECREATION AREA
Hunting, open areas, 14:4501
AUDITS
Block grants, oil recycling programs, 14:18659.5
Boating safety and enforcement financial aid,
14:6593.10
Electronic waste collectors and recyclers,
14:18660.9
TITLE 14 INDEX
BEVERAGE CONTAINERS
AliD\TS-i:onlinued
Environmental
See generallv ENVIRONMENTAL IMPACT
REPORTS
Landfill loan guarantee fund, 14:18410
Off-highway motor vehicle recreation grants and
cooperative agreements program, 14:4970.21
-Applications received after Jan. 1, 2006,
14:4970.72
Oil recycling programs, block giants, 14:18659.5
Solid waste facility permits and inspections, LEA
grants, 14:18094.0
AUTOMOBILES
See MOTOR VEHICLES
AVIATION
See AIRPORTS AND AIR TRANSPORTATION
B
BADGERS
Hunting provisions, 14:461
BAIR ISLAND ECOLOGICAL RESERVE, 14:630
BAIT
Fishing, 14:4.00-14:4.30, 14:27.10, 14:157
-Capture methods, 14:4.05
-Live bait taking, sardines, 14:158
-Live freshwater bait fish licenses, 14:200,
14:200.10-14:200.13
-Live Tilapia use prohibited, 14:27.10
-Sardines, live bait taking, 14:158
-Species prohibited, 14:200.31
Hunting prohibitions, 14:257.5
-Bear, 14:365, 14:366
BAIT FISH
Use in inland water districts
See FISHING, subheading: Inland waters
BALDWIN LAKE
Hunting, firearms, and archery equipment use,
14:551
BALDWIN LAKE ECOLOGICAL RESERVE,
14:630
BALLONA WETLANDS ECOLOGICAL
RESERVE, 14:630
BARGES
Defined. 14:790
Oil spills, financial responsibility, 14:791-14:797
BARRACUDA
Bag and possession provisions, 14:28.25
Commercial fishing operations
-Imports from Mexico, inspection clearance,
14:109
BARRETT LAKE, SAN DIEGO COUNTY
Fishing
-Special methods and bag limits, 14:2.08
BASS, BARRED SAND
Bag and possession provisions, 14:28.30
BASS, BLACK
Bag and possession provisions, 14:5.00
Definition, 14:1.20
BASS, GIANT SEA
Bag and possession prohibition from California
waters, 14:28.10
BASS, HYBRID STRIPED
Transport, possession and sale for aquacultural pur-
poses, 14:240
BASS, KELP
Bag and possession provisions, 14:28.30
Importation for sale, 14:105
BASS, SAND
Importation for sale, 14:105
BASS, SPOTTED
Importation for sale, 14:105
BASS, SPOTTED SAND
Bag and possession provisions, 14:28.30
BASS, STRIPED
Bag and possession provisions, 14:5.75
-Ocean fishing, 14:27.85
Importation, 14:135
Transport, possession and sale for aquacultural pur-
poses, 14:240
BASS, WHITE
Bag and possession provisions, 14:5.90
BASS, WHITE SEA
See WHITE SEABASS
BASS HILL WILDLIFE AREA
Hunting, firearms, and aichei"y equipment use,
14:551
Public use activities, 14:550
BATIQUITOS LAGOON ECOLOGICAL
RESERVE, 14:630
BATIQUITOS LAGOON STATE MARINE PARK,
14:632
BATTLE CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
BAY AREA
See Headings starting with SAN FRANCISCO
BAY
BAY COMMISSION
See SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
BAYS
See generally PORTS
BAY SHRIMP
Bag and possession provisions, 14:29.86
Fishing log, 14:245 Appx. A
BEACHES
See generally COASTAL ZONES
Camping on
See generally CAMPS AND CAMPING
BEAR MOUNTAIN HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204
BEARS
Collecting from refuges, permits, 14:656
Hunting provisions, 14:365
-Archery bear hunting, 14:366
-Bait, 14:365
-Depredation permits, 14:401
-License tags, 14:708
-Methods authorized, 14:353
-Skull presentation, 14:367.5
BEAVER RIDGE-BEAR RIVER HAZARDOUS
FIRE AREA
Geographic boundaries, 14:1204.6
BEAVERS
Collecting from refuges, permits, 14:656
Hunting provisions, 14:463
-Depredation permits, 14:401
BEDDING
Disposal as rubbish, definition, 14:17225.59
BEVERAGE CONTAINERS
Glass
-Park and recreation area prohibitions, 14:4333
-Waste glass used in manufacture, 14:2000 Appx.
A
Recycling
-Accounting and reporting procedures
— Applicability, 14:2070
— Cancelled materials, 14:2110
— Community service programs, 14:2710, 14:2715
— Confidential information, 14:2080
— Consolidated shipping reports, 14:2090
—Dates, 14:2120
— Dropoff or collection programs, 14:2610,
14:2615
— Dual certified entities, 14:2105
— Examinations, 14:2075
BEVERAGE CONTAINERS-coH/mwer/
RecycVmg-continued
-Accounting and reporting pmcedmes-continued
—Payments, 14:2095
— Penalties and interest charges, 14:2100
— Recordkeeping requirements, 14:2085
— Rejected containers, 14:2110
— Submissions to Division, 14:2090
— Time and weight computation, 14:21 15
-Allowable costs
— Allocations, 14:2970
— Handling fee payments, 14:2990-14:2991
— Processors, 14:2965
— Recycling centers, 14:2960
-Appeals
—Handling fees, 14:2519
— Individual commingled rates
Center and nonprofit dropoff program responsi-
bilities, 14:2685
Community service progiams, 14:2745
Dropoff or collection programs, 14:2645
-Beverage manufacturer responsibilities
— Applicability, 14:2230
— Payments, 14:2245
— Recordkeeping, 14:2235
-Cancelled materials
— Accounting and reporting, 14:2110
-Centers, 14:2500
— Accounting and reporting, 14:2520-14:2540
— Alternative survey methodology, 14:2665
— Commingled rate, individual, 14:2660-14:2685
Alternative survey methodology, 14:2665
Appeals, 14:2685
Application process, 14:2660
Application processing time, 14:2670
Approval or disapproval, 14:2680
Audit of rate survey, 14:2675
Notification of operational changes, 14:2680
Quality glass incentive payments, 14:2850
— Exemption guidelines, 14:2800
— Load inspection requirements, 14:2501
— Notification requirements, 14:2505
— Payments, 14:2535
— Receipt of funds, 14:2540
— Recordkeeping, 14:2525
—Reporting, 14:2530
-Certification
— Application procedures
Content of application, 14:2045
Dropoff or collection and community service
programs, 14:2055
Filing, 14:2015
Qualifications, 14:2010
Review, 14:2030
Submission of new application, 14:2040
Withdrawals, 14:2035
— Convenience zone exemption, revocation
request, 14:2805
— Multiple convenience zones or locations,
14:2020
— Outside convenience zone, 14:2025
— Posting, 14:2065
— Requirements, 14:2060
-Claims, 14:2090
-Community service programs
— Alternative survey methodology, 14:2725
— Commingled rate, individual, 14:2720-14:2745
Alternative survey methodology, 14:2725
Appeals, 14:2745
Application form, 14:2745
Application process, 14:2720
Application processing time, 14:2730
Approval or disapproval of rate, 14:2740
Audit of rate survey, 14:2735
Daily data collection sheet form, 14:2745
Weekly summary sheet form, 14:2745
— Notification requirements, 14:2705
— Operation standards, 14:2700
— Pacific Beach Pilot Mobile Recycling Program,
14:2820-14:2825
— Recordkeeping requirements, 14:2710, 14:2715
-Complaints of unfair and predatory pricing,
14:2135
-Consolidated shipping reports, 14:2090
BEVERAGE CONTAINERS
CALIFORNIA CODE OF REGULATIONS
BEVERAGE CONTAINERS-to«r/n»^J
RecycWng-continued
-Container manufacturer responsibilities
— Applicability of regulations
Recordkeeping, 14:2220
— Recordkeeping, 14:2225
-Curbside programs
— Registration application, 14:2650
-Definitions, 14:2000
-Distributor responsibilities
—Applicability, 14:2300
— Payinents, 14:2320
— Recordkeeping. 14:2305
—Reporting, 14:2310
-Dropoff or collection programs
— Accounting and reporting requirements, 14:2610,
14:2615
— Alternative survey methodology, 14:2625
— Commingled rate, individual, 14:2620-14:2645
Alternative survey methodology, 14:2625
Appeals process, 14:2645
Application process, 14:2620
Application processing time, 14:2630
Approval or disapproval of rate, 14:2640
Audit of survey, 14:2635
Notification of operational changes, 14:2640
— Load inspections for deliveries to centers,
14:2501
— Notification requirements, 14:2605
— Operation standards, 14:2600
— Reporting requirements, 14:2610, 14:2615
-Exemptions
— Convenience zones, 14:2800
Revocation, 14:2805
-Forms
— Certification application
Recycling centers and processors, 14:2045
— Certification applications
Dropoff or collection and community service
programs, 14:2055
— Scrap value survey form, 14:2955
-Glass, waste glass used in manufacture of,
14:2000 Appx. A
-Handling fees
—Appeals, 14:2519
—Calculations, 14:2518
— Eligibility criteria, 14:2516
—Payments, 14:2518, 14:2990-14:2997
— Termination of eligibility, 14:2517
-Hearings, 14:2130
-Inspection of facilities, 14:2075, 14:2125
-Labeling, 14:2200
-Notice of handling fee changes, 14:2997
-Pacific Beach Pilot Mobile Recycling Program,
14:2820-14:2825
-Processing fees
— Confidentiality of information, 14:2945
—Eligibility, 14:2950
— Notification of changes, 14:2985
—Payment, 14:2980
-Processor responsibilities
— Accounting and reporting requirements,
14:2415-14:2430
— Load inspection requirements, 14:2401
— Notice of disposal, 14:2410
— Notification requirements, 14:2405
— Operation standards, 14:2400
— Payments, 14:2430
— Recordkeeping, 14:2420
— Reporting, 14:2425
-Rate determinations, 14:2900-14:2930
-Reasonable financial returns, 14:2975
-Rejected containers
— Accounting and reporting, 14:2110
-Reporting requirements, 14:2090, 14:2240
— Dropoff or collection programs, 14:2610,
14:2615
-Scrap materials
— Price calculation, 14:2955
-Unfair and predatory pricing, 14:2135
BICYCLES
Parks and recreation areas operating restrictions,
14:4360
BIDDING, COMPETITIVE
Alquist-Priolo earthquake fault zones. Mining and
Geology Board professional services contracts,
14:3613
Boating and Waterways Department professional
services contracts, 14:8100.11
Mining and Geology Board services contracts
-Alquist-Priolo earthquake fault zones, 14:3613
-Seismic hazards mapping, 14:3735
-Surface inining and reclamation, 14:3929
Oil, Gas, and Geothermal Resources Division
-Professional services firms, contracting, 14:1698
Public works contracts
See generally PUBLIC WORKS
San Gabriel & Lower Los Angeles Rivers and
Mountains conservancy project services.
14:14030
San Joaquin River conservancy project services,
14:25010
Seismic hazards mapping. Mining and Geology
Board professional services contracts, 14:3735
Surface mining and reclamation. Mining and Geol-
ogy Board professional services contracts,
14:3929
BIG CREEK STATE MARINE RESERVE, 14:632
BIG GAME
See HUNTING
BIGHORN SHEEP
Dogs used in hunting, prohibition, 14:265
Hunting methods, 14:353
BIGHORN SHEEP, NELSON
Hunting provisions, 14:362
-License tags procedures and requirements, 14:708
BIG LAGOON WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
BIG SANDY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
BIG SKATES
Bag and possession provisions, 14:28.52
BIG SYCAMORE CANYON STATE MARINE
RESERVE, 14:632
BIG VALLEY HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.5
BIRDS
See also HUNTING
Cages for wild birds, 14:671.3
Endangered species, 14:670.5
Falconry
See FALCONRY
Game birds
See generally HUNTING
Importing of restricted species, 14:671
Nest site protection
-Alternatives
— Coast Forest District, 14:919.5
— Northern Forest District, 14:939.5
— Southern Forest District, 14:959.5
-Sensitive species
— Coast forest district, 14:919.2
— Northern forest district, 14:939.2
— Southern forest district, 14:959.2
-Specific requirements
— Coast forest district, 14:919.3
— Northern forest district, 14:939.3
— Southern forest district, 14:959.3
Prohibited importation, transportation, and posses-
sion of restricted species, 14:671
Protected species
See ENDANGERED SPECIES
Release into wild, 14:671.6
Threatened species, 14:670.5
BLACK BASS
Bag and possession provisions, 14:5.00
Definition, 14:1.20
BLASTING
See generally EXPLOSIVES
BLOCK GRANTS
Used oil recycling programs,
14:18659.0-14:18659.5
BLUE RIDGE ECOLOGICAL RESERVE, 14:630
BLUE SHARK
Bag and possession limits, 14:28.42
BLUE SKY ECOLOGICAL RESERVE, 14:630
BOATING AND WATERWAYS DEPARTMENT
Conflict of interest code, 14:8600
-Employee designations. 14:8600 Appx.
Professional services, contracting,
14:8100-14:8100.13
-Amendments, 14:8100.9
-Bids, soliciting, 14:8100.11
-Definitions, 14:8100.1
-Estimated value of services, 14:8100.8
-Negotiation, 14:8100.7
-ProTiibited relationships. 14:8100.13
-Project performed in phases, 14:8100.10
-Purpose of rules, 14:8100
-Rebates, kickbacks, other unlawful considerations,
14:8100.12
-Requests for qualifications, 14:8100.4
— Annual submission, 14:8100.5
-Selection criteria, 14:8100.3
-Selection of firms, 14:8100.6
-Types of contracts, 14:8100.2
BOATS AND BOATING
See also WATERWAYS
Accident reports
-Applicability, 14:6501
-Content, 14:6505
-Death or disappearance
— Immediate notification, 14:6502
— Peace officer responsibihty, 14:6503
-Notification in writing, 14:6504
Closure of waterways, 14:6698.1-14:6698.2
Definitions
-Closure of waterways to recreational boating,
14:6698.1
-Equipment requirements, 14:6552
-Fire extinguishers, 14:6570
-For-hire vessel licenses, 14:7500
-Personal flotation devices, 14:6565.2, 14:6565.4
-Safety and enforcement financial aid program,
14:6593.2
-Small craft harbor loans, 14:5101
-Ventilation systems, 14:6575.3
-Waterway marking system, 14:7001
-Yacht and ship broker licenses, 14:7601
Distress signals, 14:6692
-Prohibited use, 14:6692.1
Education requirements
-Safety education course, 14:8000
Engines
-Spark-ignition, two-stroke engines, prohibitions on
certain lakes, 14:6595
Equipment requirements
-Backfire flame control, 14:6574
-Definitions, 14:6552
-Fire extinguishers, 14:6569, 14:6573
— Definitions, 14:6570
—Markings, 14:6572
— Vaporizing-liquid type, 14:6571
-Invalidity, 14:6551
-Life preservers and lifesaving equipment
— Passengers- for-hire vessels, 14:6566
-Liquefied natural gas use, 14:6576
-Personal flotation devices, 14:6565.5
— ApplicabiUty, 14:6564, 14:6565, 14:6565.3
— Condition and marking, 14:6565.8
—Definitions, 14:6565.2, 14:6565.4
— Exceptions, 14:6565.6
—Size and fit, 14:6565.8
— Stowage, 14:6565.7
-Scope, 14:6550.5
-Ventilation systems, 14:6575
— AppUcability, 14:6575.2
— Definitions, 14:6575.3
— Incorporation by reference, 14:6575.4
— Natural systems, 14:6575.6
Standards, 14:6575.7
TITLE 14 INDEX
BUTTERMILK COUNTRY WILDLIFE AREA
•
BOATS AND BO fiiTWG-continued
Equipment Kqu'nements-coniinued
-Ventilation syslems-continued
— Operator responsibility, 14:6575.1
— Powered systems, 14:6575.5
Grizzly Bay and tributaries, closure,
14:6698.1-14:6698.2
Honker Bay and tributaries, closure,
14:6698.1-14:6698.2
Houseboats, definition, 14:10127
Hunting
-Handicapped persons motor vehicle permit,
14:251
-Migratory game birds, use of motorized vessel
prohibited, 14:507.5
-Permits, 14:251.2
-Prohibitions, 14:251
Inspections
-Parks and Recreation provisions, 14:4662
Launching areas
-Parks and Recreation provisions, 14:4657
Law enforcement vessel requirements, 14:6590
-Blue light, 14:6591
-Sound level meter, 14:6592
Licenses
-Brokers
— Advertising, 14:7602
— Bond or deposit, 14:7614
—Branch offices, 14:7617
— Coercive and oppressive methods, 14:7615
— Corporations and partnerships, 14:7613
— Definite place of business, 14:7616
— Definitions, 14:7601
— Examination, 14:7607
—Fees, 14:7606
— Government office assumption, 14:7621
— Identification card, 14:7618
— Investigative authority, 14:7603
— Processing time periods, 14:7606.1
— Property taxes, 14:7622
— Purchase offers, vessels, 14:7623
— Qualifications, 14:7608
— Record retention, 14:7620
— Reinstatement, 14:7609
— Renewal failure penalties, 14:7610
— Salesman relationship agreement, 14:7619
— Shared listings, 14:7605
— Trust accounts, 14:7604
-For-hire vessels
— Definitions, 14:7500
— Examination requirements, 14:7501
— Investigations, 14:7505
— Processing time periods, 14:7501.1
— Provisions affecting use, 14:7504
—Refusal to issue, 14:7502
— Renewals, 14:7503
-Salesmen
— Restrictions, 14:7612
— Temporary license, 14:7611
Live-aboard boats
-Definition, 14:10128
Marinas, recreational, loans for, 14:5170-14:5176
Nighttime operation
-Parks and Recreation provisions, 14:4659
Pilots
-Applicability, 14:6550.5
-Definitions, 14:6552
-Incorporation by reference, 14:6600.1
-Invalidity, 14:6601
-Negligence, 14:6697
-Scope, 14:6550.5
Ports
See PORTS
Sacramento-San Joaquin Delta and tributaries, clo-
sure, 14:6698.1-14:6698.2
Sacramento-San Joaquin Delta land use plan
-Boater education and safety programs, 14:20110
-Marine patrols, 14:20110
-Recreational areas, 14:20110
S;ifety and enforcement program, state aid for local
agencies, 14:6593-14:6593.11
-Activities, 14:6593.3
-Appeals, 14:6593.10
-Application, 14:6593.5
BOATS AND BO AT\NG-con tinned
Safety and enforcement program, state aid for local
agencies-co/i//>u/^rf
-Audits, 14:6593.10
-Contract, 14:6593.6
-Costs, allowable and nonallowable, 14:6593.8
-Definitions, 14:6593.2
-Eligibility, 14:6593.4
—Financial, 14:6593.7, 14:6593.11
-Exhibits, 14:6593.11
-Purpose, 14:6593.1
-Reimbursements, 14:6593.9
-Short title, 14:6593
Safety education, 14:8000
Searchlights and other blinding lights, 14:6695
Speed hmits
-Parks and Recreation provisions, 14:4658
Suisun Bay and tributaries, closure,
14:6698.1-14:6698.2
Swimming area prohibitions
-Parks and Recreation provisions, 14:4651
Waste disposal
-Parks and Recreation provisions, 14:4661
Waterways
-Closure of Sacramento-San Joaquin Delta and
tributaries, 14:6698.1-14:6698.2
-Floating rest room grants
— Apphcation, 14:5162
— Conformity, 14:5161
— Construction and operation agreement, 14:5163
—Short title, 14:5160
-Launching facility grants
— Application, 14:5152
—Conformity, 14:5151
— Construction and operation agreement, 14:5154
—Short title, 14:5150
-Marking system
— Authority to place markers, 14:7003
— Definitions, 14:7001
—Display, 14:7005
—Divers flag, 14:7008
— Maintenance, 14:7004
— Other devices, 14:7007
— Scope of rules, 14:7000
—Ski flag, 14:7009
— Special markers, 14:7002.1
— Specifications, 14:7006
— State waters, 14:7002
-Planning loans
— Application, 14:5002
—Conformity, 14:5001
—Short title, 14:5000
— Terms, 14:5003
-Small craft harbor loans
— Application, 14:5102
— Default remedies, 14:5107
— Definitions, 14:5101
— Feasibility review, 14:5103
— Priority ranking of applications, 14:5104
— Project development, 14:5106
—Short title, 14:5100
— Terms and conditions, 14:5105
BOBCATS
Hunting, 14:478
-Depredation, 14:480
-Dogs used in hunting, 14:265
-Pelts, 14:479
-Tags, 14:478.1
BOBELAINE ECOLOGICAL RESERVE, 14:630
BOBWHITES
Permits for release into wild, 14:671.6
BODEGA STATE MARINE CONSERVATION
AREA, 14:632
BODEN CANYON ECOLOGICAL RESERVE,
14:630
BOGGS LAKE ECOLOGICAL RESERVE, 14:630
BOLSA CHICA ECOLOGICAL RESERVE,
14:630
BOLSA CHICA STATE MARINE PARK, 14:632
BONDS, SECURITY
Barges and tankers
-Oil spill prevention and response, financial
responsibility, 14:795
Logging operations
-Monterey County rules, 14:965.8
-San Mateo County rules, 14:928.4
-Santa Cruz County rules, 14:926.13
Waste tires
-Haulers, 14:18456.1, 14:18831 Appx. A
-Storage and disposal facilities, closure, 14:18475
Yacht and ship brokers, 14:7614
BONITO, PACIFIC
Bag and possession provisions, 14:28.32
BONNY DOON ECOLOGICAL RESERVE, 14:630
BORREGO DESERT STATE PARK
Recreation provisions, 14:4604
BRANT, BLACK
Hunting
-Duck stamp requirement, 14:510
-Provisions, 14:502
BREEDING
Aquatic plants, fish, bullfrogs and invertebrates
-Taking from the wild, 14:243
Birds and mammals
-Propagation, sale, transport, and release, 14:680
Raptors, 14:678
BRIDGES
Logging roads
-Planned abandonment
—Coast Forest District, 14:923.8
— Northern Forest District, 14:943.8
— Southern Forest District, 14:963.8
-Standards
— Coast Forest District, 14:923.3
— Northern Forest District, 14:943.3
— Southern Forest District, 14:963.3
Sacramento-San Joaquin Delta land use plan,
14:20050
Tractor roads
-Coast Forest District, 14:914.8
-Northern Forest District, 14:934.8
-Southern Forest District, 14:954.8
BROKER-DEALERS
Animal importation, transportation, and possession
of restricted species, 14:671.1
BUENA VISTA LAGOON ECOLOGICAL
RESERVE, 14:630
BUENA VISTA LAGOON STATE MARINE
PARK, 14:632
BUILDING
See CONSTRUCTION
BULLFROGS
See also FROGS
Collecting
-Breeding purposes, 14:243
-Commercial operations for scientific or educa-
tional use, 14:658
Definition, 14:1.24
BULLHEADS
See also CATFISH
Bag and possession provisions, 14:5.15
Definition, 14:1.26
BURNING
See FIRE PREVENTION
BUTTE COUNTY
Hazardous fire areas
-Diamond International No. 2, 14:1203.1
BUTTE CREEK CANYON ECOLOGICAL
RESERVE, 14:630
BUTTE CREEK HOUSE ECOLOGICAL
RESERVE, 14:630
BUTTERMILK COUNTRY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
BUTTER SOLE
CALIFORNIA CODE OF REGULATIONS
BUTTER SOLE
Bag and possession provisions, 14:28.48
BUTTE VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
BUTTONWILLOW ECOLOGICAL RESERVE,
14:630
BY-DAY CREEK ECOLOGICAL RESERVE,
14:630
CABEZON
Bag and possession provisions, 14:28.28
Federal management plan species, 14:1.91
Groundfish management areas
See GROUNDFISH
Management area closure periods, 14:150.06
Nearshore fishery management plans, 14:52.10
CACHE CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
CACKLING GEESE
Hunting provisions, 14:502
CAGES FOR WILD ANIMALS
Permanent housing, 14:671.3
Transport housing, 14:671.4
CALAVERAS COUNTY
Hazardous fire areas
-Lily Gap-White Pines, 14:1204.7
-Mokelumne, 14:1204.8
CAL-EXPO
See PARKS AND RECREATION, subheading:
Exposition and State Fair
CALHOUN CUT ECOLOGICAL RESERVE,
14:630
CALIFORNIA COASTAL ACT, 14:13001
CALIFORNIA COASTAL ZONES
See COASTAL ZONES
CALIFORNIA ENDANGERED SPECIES ACT,
14:783.0-14:786.8
See also ENDANGERED SPECIES; THREAT-
ENED SPECIES
CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
CALIFORNIA FOREST IMPROVEMENT ACT,
14:1525-14:1525.1
CALIFORNIA SCORPIONFISH
Bag and possession provisions, 14:28.54
CALIFORNIA SHEEPHEAD
Bag and possession provisions, 14:28.26
CALIFORNIA SKATES
Bag and possession provisions, 14:28.52
CALIFORNIA TAHOE CONSERVANCY
See TAHOE CONSERVANCY
CALIFORNIA URBAN FORESTRY ACT, 14:1550
CAMPS AND CAMPING
Mount San Jacinto State Wilderness, 14:4608
Parks and recreation areas
-Applicability, 14:4450
-Beaches, tent erection restrictions, 14:4623
-Definition, 14:4451
-Driftwood removal, 14:4306
-Fees, 14:4453
-Nighttime closure, 14:4458
-Noise, 14:4320
-Occupancy, 14:4454
CAMPS AND CAMPING^o/ii'//n/efl'
Parks and recreation aTens-continued
-Occupancy-contiinied
—Number, 14:4452
-One-night use in day use areas, 14:4457
-Soliciting prohibitions, 14:4331
-Time limits, 14:4455
-Vacating premises, 14:4456
-Vegetation removal, 14:4306
State forests
-Archaeological feature defacement, 14:1427
-Campfire permits, 14:1402
-Designated aieas, 14:1401
-Equipment restrictions, 14:141 1
-Firewood collection, 14:1415
-Geological feature defacement, 14:1417
-Horse restrictions, 14:1425
-Noise, 14:1412
-Nuisance, 14:1410
-Occupancy time limits, 14:1403
-Personal conduct, 14:1405
-Pets, 14:1424
— Waste products, 14:1423
-Planting prohibited, 14:1418
-Polluting waters prohibited, 14:1422
-Public assembly prohibited, 14:1406
-Refuse, 14:1421
-Reservations, 14:1404
-Smoking restrictions, 14:1426
-SoHciting prohibited, 14:1414
-Structural improvements, 14:1419
-Unauthorized signs, 14:1420
-Vegetation removal prohibited, 14:1416
-Weapon restrictions, 14:1413
Wildlife watering area restrictions, 14:730
CANADA DE LOS OSOS ECOLOGICAL
RESERVE, 14:630
CANADA GEESE
Hunting, 14:502
CANDLEFISH
Bag and possession provisions, 14:5.10
CANEBRAKE ECOLOGICAL RESERVE, 14:630
CANTARA/NEY SPRINGS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
CAPTIVE PROPAGATION OF ANIMALS
See BREEDING
CARDIFF-SAN ELIJO STATE MARINE CON-
SERVATION AREA, 14:632
CARLSBAD HIGHLANDS ECOLOGICAL
RESERVE, 14:630
CARMEL BAY ECOLOGICAL RESERVE, 14:630
CARMEL BAY STATE MARINE CONSERVA-
TION AREA, 14:632
CARP, GRASS
Bag and possession prohibition, 14:5.37
Triploid grass carp, stocking permit, 14:238.6
CARQUINEZ STRAIT
Fishing, Bay-Delta Sport Fishing Enhancement
Stamp, 14:1.18
CARRINGTON POINT STATE MARINE
RESERVE, 14:632
CARRiZO CANYON ECOLOGICAL RESERVE,
14:630
CARRIZON IMPACT AREA
Special Parks and Recreation provisions, 14:4604
CARRIZO PLAINS ECOLOGICAL RESERVE,
14:630
CARS
See MOTOR VEHICLES
CARTAGO WILDLIFE AREA
Public use activities, 14:550
CASING AND SEALING
Geothermal wells, 14:1935
-Conductor pipe, 14:1935.1
CASING AND SEALmG-continued
Geothermal wells-ccmf/nwerf
-Intermediate casing, 14:1935.3
-Production casing, 14:1935.4
-Surface casing, 14:1935.2
Oil and gas wells
-Offshore requirements, 14:1744.1
— Cementing, 14:1744.3
— Pressure testing, 14:1744.4
— String description, 14:1744.2
-Onshore requirements, 14:1722.2, 14:1722.3
— Cementing, 14:1722.4
— Recovery of casing, 14:1723.6
CATALINA ISLAND
Arrow Point to Lion Head Point Invertebrate Area,
14:632
CATALINA MARINE SCIENCE CENTER STATE
MARINE RESERVE, 14:632
CATFISH
See also BULLHEADS
Bag and possession provisions, 14:5.15
Commercial importation prohibitions, 14:171
Definition, 14:1.29
CATHODE RAY TUBES
Recycling of electronic waste,
14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
CATTLE RANCHERS
Incidental take of endangered or threatened species,
14:786.0-14:786.8
CEASE AND DESIST ORDERS
Coastal Cormnission, 14:13180-14:13188
See also COASTAL COMMISSION
CEDAR ROUGHS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
CEQA
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
CERTIFICATES AND CERTIFICATION
See also LICENSING
Los Angeles/Long Beach Harbor escort tugs. Bol-
lard pull certification, 14:851.23
Recycling operations
-Application procedures
— Dropoff or collection and community service
programs, 14:2055
—Filing, 14:2015
— Qualifications, 14:2010
— Review, 14:2030
— Submission of new application, 14:2040
—Withdrawal, 14:2035
-Multiple convenience zones or locations, 14:2020
-Outside convenience zones, 14:2025
-Requirements, 14:2060
-Rigid plastic packaging containers,
14:17946-14:17946.5
Tire retreaders, self-certification, 14:18456.2.1
-Form, 14:18831 Appx. A
CHAPARRAL MANAGEMENT PROGRAM
See FORESTRY, subheading: Chaparral manage-
ment program
CHAR
Importation from Idaho prohibited, 14:241
CHARGES
See FEES
CHARTER BOATS
See generally BOATS AND BOATING
CHILDREN
Family day care homes. Environmental Quality Act
exemptions, 14:15274
Fishing derby for youth, Susan River (Lassen
County), 14:8.10
CHINA POINT ECOLOGICAL RESERVE, 14:630
TITLE 14 INDEX
COASTAL ZONES
CHINOOK SALMON
Sacramento River spring-run chinook, taking,
14:749
CHIONES
Bag and possession provisions, 14:29.35
CHIPMUNKS
See generally RODENTS
CHORRO CREEK ECOLOGICAL RESERVE,
14:630
CHRYSOTILE
Asbestiform
See generally ASBESTOS
CHUKARS
Hunting provisions, 14:300
-Licensed shooting clubs, 14:600
-Pennirs, 14:313
CITIES
See also LOCAL AGENCIES
Boating safety and enforcement program, state aid,
14:6593-14:6593.11
Environmental impact reports
-Consultation with water agencies, 14:15155
Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Off-highway motor vehicle recreation grants and
cooperative agreements program,
14:4970-14:4970.21, 14:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
Recycling
See INTEGRATED WASTE MANAGEMENT
PLANS
Solid waste disposal enforcement
See SOLID WASTE, subheading: Enforcement
Source reduction and recycling elements
See INTEGRATED WASTE MANAGEMENT
PLANS
Timberland conversions, tentative rezoning
approval, 14:1109.1
CIVIL ENGINEERS
See generally ENGINEERS
CIVIL PENALTIES
See PENALTIES
CIWMB
See INTEGRATED WASTE MANAGEMENT
BOARD (CIWMB)
CLAMS
See MOLLUSKS
CLAREMONT-UPLAND REGION
Construction aggregate resources, 14:3550.7
CLEAR LAKE WILDLIFE AREA
Public use activities, 14:550
CLIFTON COURT FOREBAY
Hunting, firearms, and archery equipment use,
14:551
COACHELLA VALLEY ECOLOGICAL
RESERVE, 14:630
COACHELLA VALLEY MOUNTAINS CONSER-
VANCY
Conflict of interest code, 14:25050
COAL CANYON ECOLOGICAL RESERVE,
14:630
COASTAL COMMISSION
Cease and desist orders, 14:13180-14:13188
-Commencement of proceedings, 14:13181
-Contents, 14:13187
-Definitions, 14:13180
-Evidence, 14:13186
-Executive Director's recommendations, 14:13183
— Distribution, 14:13184
-Hearings, 14:13185
-Modification and rescission, 14:13188
-Notice of hearings, 14:13182
-Reporting requirements, 14:13187
Conflict of interest code, 14:13040
Definitions
-Cease and desist orders, 14:13180
COASTAL COMMISSION^o/)f//u(efl'
Dcfimlxons-contimied
-Restoration orders, 14: 131 90
Executive director's duties and delegation,
14:13032
Hearings
-Cease and desist orders, 14:13185
—Notice of, 14:13182
-Restorarion orders, 14:13195
— Notice of, 14:13195
Meetings, 14:13015-14:13025
-Agenda, 14:13024
-Notification, 14:13015
— Distribution, 14:13016
— Emergency meetings. 14:13020
— Special meetings, 14:13018.5
— Substituted notice, 14:13017
-Quoi-um, 14:13021
-Robert's Rules of Order, 14:13023
-Scheduhng
— Emergency meetings, 14:13019
— Special meetings, 14:13018
-Voting
— Number required. 14:13022
--Prerequisite of notice, 14:13025
Notice of hearings
-Cease and desist orders, 14:13182
-Restoration orders, 14:1 31 92
Officers, selection and term, 14:13028
Official records, copies and certification,
14:13013.5
Ombudsperson, 14:13034
Reporting requirements
-Cease and desist orders, 14:13187
Restoration orders, 14:13190-14:13197
See also COASTAL ZONES
COASTAL CONSERVANCY
Architects' contracts for services,
14:13870-14:13893
Conflict of interest, 14:13800
-Contracts for private services, 14:13881
Contracts for private services, 14:13870-14:13893
-Adjudicatory procedures, 14:13893
-Announcement, publication, 14:13875
— Small business participation, 14:13880
-Conflict of interest, 14:13881
-Definitions, 14:13870
-Disabled veteran business enterprise goals,
14:13890-14:13893
—Audits, 14:13892
—Certification, 14:13891
-Investigatory procedures, 14:13893
-Negotiation of contracts, 14:13878
-Notice of expected needs, 14:13875
— Small business participation, 14:13880
-Selection of contractors, 14:13876, 14:13877
-Small business participation, 14:13880
-Unlawful activities, 14:13881
Disabled veteran business enterprise goals
-Contracts for private services, 14:13890-14:13893
Engineers, contracts for services,
14:13870-14:13893
See also Contracts for private services, this head-
ing
Environmental services, contracts for services,
14:13870-14:13893
See also Contracts for private services, this head-
ing
Experimental fishing gear loan program
-Applications and disbursements, 14:13864
-Authority, 14:13850, 14:13868
-Coordination and consultation, 14:13861
-Definitions, 14:13860
-Disposition of funds, 14:13866
-Eligibility, 14:13862
-Emergency regulations, 14:13852
-Loan limits, 14:13863
-Purpose, 14:13851
-Repeal of rules, 14:13867
-Terminations and buybacks, 14:13865
Meetings
-Agenda, 14:13721
-Notification, 14:13712
-Quorum, 14:13718
COASTAL CONSERVANCY-co/7/m»er/
Mii(iUngs-i:ontinued
-Voting, 14:13719
Notice
-Contracts for private services, 14:13875
— Small business participation, 14:13880
Public records, copies and certification, 14:13706
Staff duties and delegation, 14:13734
Surveys, contracts for services, 14:13870-14:13893
See also Contracts for private services, this head-
ing
COASTAL PELAGIC SPECIES
Commercial fishing, 14:159
COASTAL ZONES
See also SAN FRANCISCO BAY AND BAY
AREA
Commercial fishing operations
-Experimental gear loan program,
14:13850-14:13868
Continental shelf development permits, federal con-
sistency certification
-Appeals, 14:13660.9
-Associated coastal development, 14:13660.12
-Consent calendar procedures, 14:13660.7
-Consultation, 14:13660.1
-Definitions, 14:13660
-Federal permits monitoring, 14:13660.13
-Final Commission decision, 14:13660.8
-Multiple permit review, 14:13660.11
-Required amendments, 14:13660.10
-Staff sumiTiaries, recommendations, and notices,
14:13660.4
—Contents, 14:13660.5
—Hearings, 14:13660.6
-Submissions, 14:13660.3
Definitions
-Aggrieved person, 14:13006
-Appointed membership, 14:13007
-Emergency, 14:13009, 14:13329
-First public road paralleling the sea, 14:13011
-Major public works, 14:13012
Development permits
See also Local development permit programs, this
heading
-Acknowledgment of receipt, 14:13158
-Administrative permits
— Amendments, 14:13165
— Applications
Commission level, 14:13152
Copies, 14:13148
Notice, 14:13149
Not thought to be administrative, 14:13147
Statement, 14:13146
— Criteria and contents, 14:13150
— Denial notice, 14:13151
— Reports to Commission, 14:13153
— Scope of rules, 14:13145
-Amendments
— Applications, 14:13164
—Fees, 14:13168
-Appeals prior to local program certification
— Commission notification of final action,
14:13343
— Commission procedures, 14:13332
— De novo review, 14:13336
—Effects, 14:13334
—Evidence, 14:13341
—Filing, 14:13333
—Grounds, 14:13335
— Local final action notice, 14:13331
— Purpose of rules, 14:13330
— Quafifications to testify, 14:13340
— Remand to local government, 14:13339
— Review standard, 14:13342
— Substantial issue determination, 14:13337
—Withdrawals, 14:13338
-Coastal Act enforcement, 14:13173
-Contents, 14:13156
—Disputes, 14:13163
-Distribution of copies, 14:13161
-Emergency work
— Amendments, 14:13166
—Applications, 14:13138, 14:13139
COASTAL ZONES
CALIFORNIA CODE OF REGULATIONS
COASTAL ZONES-contimied
Developmenl perniits-cx'/7///u/e^
-Emergency work-continued
— Criteria for granting, 14:13142
— IiTunediate action required, 14:13137
— Repoit to Commission, 14:13143
—Scope of rules, 14:13136
— Verification of emergency, 14:13140
—Waivers, 14:13144
-Existing structure improvements, 14:13253
— Single-family residences, 14:13250
-Extensions, 14:13169, 14:13213
-Notice, 14:13162
-Regular permits
— Amendments. 14:13166
— Appeals
Commission procedures, 14:13110
De novo reviews, 14:13114
Effects, 14:13112
Evidence, 14:13118
Filing, 14:13111
Final action notifications, 14:13120
Grounds, 14:13113
Qualifications to testify, 14:13117
Review standards, 14:13119
Substantial issue determination, 14:13115
Withdrawals, 14:13116
— Applications, 14:13053.4
Amendment of form, 14:13053.6
Amendments, 14:13072
Fees, 14:13055
Filing, 14:13056
Form and information requirements,
14:13053.5
Notice to interested persons, 14:13054
Withdrawal, 14:13071
— Consent calendar, 14:13100
Hearings, 14:13103
Procedures, 14:13101
Removal of items to regular calendar,
14:13102
—Field trips, 14:13069
— Hearings
Conduct, 14:13064
Continued heai-ings, 14:13070
Evidence, 14:13065
Notices, 14:13063
Order of proceedings, 14:13066
Scheduling, 14:13062
Speaker's presentations, 14:13067
--Jurisdiction over portions not within coastal
zone, 14:13050.5
— Local applications
Exemptions, 14:13053
Requirements, 14:13052
— Reapplicalion, 14:13056.1
— Recommendat ions
Applicant's postponement, 14:13073
Rescheduling, 14:13074
— Reconsideration
Grounds, 14:13109.4
Hearings, 14:13109.5
Proceedings initiation, 14:13109.2
Scope of rules, 14:13109.1
— Revocation
—Grounds, 14:13105
— -Hearings, 14:13108
Proceedings initiation, 14:13106
Scope of rules, 14:13104
Suspensions, 14:13107
—Scope of rules, 14:13050
— Staff reports
Consolidation, 14:13058
Contents, 14:13057
Distribution, 14:13059
— Voting
Absentees, 14:13095
After recommendation, 14:13090
Commission findings, 14:13096
Effects, 14:13092
Procedures, 14:13094
— Written comments
Distribution, 14:13060
-Repair and maintenance activities, 14:13252
COASTAL ZONES-continiied
Development penmls-continued
-Restoration orders
See Restoration orders, this heading
-Sewage treatment works
— Applications
Completeness, 14:13652
Filing and heaiing procedures, 14:13653
HeaiTngs, 14:13655
Preliminary approval waivers, 14:13654
Voting by Commission, 14:13657
— Government funding requested
Appficability. 14:r3650
Staff involvement, 14:13651
-Transfer of. 14:13170
-Violations, 14:13172
Exclusions
-Categorical exclusions, 14:13240
--Commission actions, 14:13243
—Effects, 14:13247
— Granting orders, 14:13244
— Heai-ings, 14:13242
— Interpretation, amendment, or termination,
14:13245
— Notification of approvals, 14:13248
— Requests, 14:13241
— Termination, 14:13249
-De miniinis development
— Apphcations, 14:13238.1
— Report to Commission, 14:13238.2
—Scope of niles, 14:13238
-Parcels added to Coastal Zone on Jan. 1, 1980
— Acknowledgment hearings, 14:13214.5
—Claim forms, 14:13214.2
—Effects, 14:13214.7
— Initial determination, 14:13214.3
— Local government notification, 14:13214.8
— Notice of determination, 14:13214.4
—Obligation to file, 14:13214.1
— Scope of rules, 14:13214
-Urban land, 14:13220-14:13235
— Amendments to granting order, 14:13225
—Applicability, 14:13215
— Commission action, 14:13221
— Commission review, 14:13220
—Denials, 14:13223
—Effective dates, 14:13222
—Effects, 14:13230
— Filing of requests, 14:13219
— Final request termination, 14:13224
— Interpretation, 14:13231
— Local coastal program applicability, 14:13235
— Local government request, 14:13216
— Preliminary review, 14:13218
— Supporting materials, 14:13217
— Termination, 14:13234
-Vested rights
— Acknowledgment hearings, 14:13205
—Claim forms, 14:13202
—Effects, 14:13207
— Initial determination, 14:13203
— Local government notification, 14:13208
— Notice of determination, 14:13204
—Obligation to file, 14:13201
—Scope of niles, 14:13200
Explanation of references, 14:13002
Inland boundary adjustments
-Adoption, 14:13257.5
-Commission actions, 14:13256.2
-Notification requirements, 14:13255.2
-Purpose of rules, 14:13255.0
-Requests, 14:13255.1
— Reapplications, 14:13259
—Withdrawals, 14:13258
-Reviews, 14:13256.1
Local development permit programs
-Administrative permits
— Amendments, 14:13328.9
—Appeals, 14:13328.8
— Applications
—Copies, 14:13328.3
Notices, 14:13328.4
Qualifying applications, 14:13328.2
Statement, 14:13328.1
COASTAL ZONES^ontinued
Local development pennit pxQgxdims,-contimied
-Administrative p&rmks-continued
— Criteria and contents, 14:13328.5
—Purpose of rules, 14:13328
—Refusal to grant, 14:13328.6
— Reports to local government, 14:13328.7
-Amendments
— Certified programs
Contents, 14:13552
Designation of minor amendment, 14:13555
Filing reviews, 14:13553
Local government resolution, 14:13551
Minor amendment defined, 14:13554
— Override procedures
Applicability, 14:13666
Commission reviews, 14:13666.3
Information requirements. 14:13666.1
Required findings, 14:13666.4
Submittals, 14:13666.2
— Prior to Commission action, 14:13536
-Appeals
— Consideration, 14:13321
— Denied applications. 14:13319
—Effects, 14:13320
— Issuance of permits, 14:13318
— Norification of Commission actions, 14:13325
-Applicability, 14:13300, 14:13301
-Areas affected
— Boundary determinations, 14:13577
—Maps, 14:13576
-Commission actions
— Addirional hearings, 14:13530
— Certification, 14:13540
Effective dates, 14:13544
Effects, 14:13545
— Final actions, 14:13537
— Incomplete permit reviews, 14:13546
— Resubmittal if certification is refused, 14:13541
—Staff analysis, 14:13531
— Staff recommendation, 14:13532
Comments by local government, 14:13533
— Voting
Absentees, 14:13539
Procedures, 14:13538
— Withdrawals or postponements, 14:13535
-Contents of program, 14:13302
-Definitions, 14:13502
-Emergency permits
— Applications, 14:13329.1
— Criteria for granting, 14:13329.3
— Definition of emergency, 14:13329
— Reports to local government, 14:13329.4
— Verification of emergency, 14:13329.2
-Environmental impact reports, 14:13557-14:13559
— Comments and review, 14:13557
Effects, 14:13558
— Submissions, 14:13559
-Environmental Quality Act exemptions, 14:15265
-Fees, 14:13306
-Finality of local actions, 14:13313
-Implementation
— Alternatives, 14:13303
— Appealable developments
Continued hearing notices, 14:13567
Hearings, 14:13566
Notices, 14:13565
— Determination of notice and hearing procedures,
14:13569
— Local government actions
Effective dates, 14:13572
^Exhaustion of appeals, 14:13573
Existing local procedures, 14:13563
Finality, 14:13570
Notices, 14:13571
— Non-appealable developments
Notices, 14:13568
— Open space easement and public access docu-
ments, 14:13574
—Purpose of rules, 14:13500, 14:13560
-Issuance, 14:13311
— Notice by local government, 14:13315
— Notification by Executive Director, 14:13317
— Receipt of notice by Executive Director,
14:13316
TITLE 14 INDEX
COAST FOREST DISTRICT
COASTAL ZOUES-continued
Local developmenl permit pmgTams-continiied
-Issue identification
— Commission review, 14:13504
—Methodology, 14:13503
-Maps, 14:13576
— Multi-jurisdiction, 14:13307
-Notices'of intent, 14:13304
-Ports
— Amendments to master plan
After certification, 14:13636
Minor amendments, 14:13637
Prior to certification, 14:13634
—Applicability, 14:13600
— Boundary maps, 14:13601
— Delineation as wetland, estuary or recreation
area, 14:13610
— Environmental impact reports
Effects of comments, 14:13648
Non-appealable developments, 14:13647
Review and comments, 14:13645
Submissions, 14:13646
— Master plans
Appeals, 14:13640, 14:1364]
Certifications, 14:13632
Completion notice, 14:13626
Contents, 14:13625
Hearings, 14:13627, 14:13630
Informal Commission reviews, 14:13629
Rejection, 14:13635
Staff reports, 14:13631
Submissions, 14:13628
Withdrawals or postponements, 14:13633
— Precertification permits, 14:13620
-Preparation
— Alternative methodology, 14:13514
— Commission preparation requests, 14:13507
—Methodology, 14:13511
— Public access component, 14:13512
— Separate geographic units, 14:13506
— Uses of more than local importance, 14:13513
-Public participation and agency coordination,
14:13515
-Public works plans
— Amendments
Application acceptance, 14:13368, 14:13369
Applications, 14:13365
Hearings, 14:13366
Notice, 14:13370
Rejection, 14:13367
Review procedure, 14:13371
— Applicability, 14:13351
—Applications, 14:13352-14:13355
—Contents, 14:13353
—Plan reviews, 14:13358
After local program certification, 14:13357
Prior to local program certification, 14:13356
— Project reviews, 14:13359
— Purpose of rules, 14:13350
-Reviews
— Commission reviews, 14:13517, 14:13542
—Hearings, 14:13522, 14:13526
— Public comment distribution, 14:13525
— Staff recommendations, 14:13528
— Staff reviews, 14:13516
— Substantial issue determinations, 14:13529
— Summaries, 14:13523
— Written notices, 14:13524
-State or federal funding, 14:13505
-Submittals
— Contents, 14:13519
— Filing reviews, 14:13520
— Resolutions, 14:13518
Local management improvement grants
-Applications, 14:19005
—Form, 14:19009
-Closeout procedures, 14:19009
-Description, 14:19001
-Eligibility, 14:19002
-Fiscal requirements, 14:19007
-Payments, 14:19006
-Pre-applications, 14:19004
-Process and timetable, 14:19003
-Program schedule, 14:19003
COASTAL ZONES-continued
Local management improvement grams-continued
-Reporting requirements, 14:19008
Long range development plans
See UNIVERSITIES AND COLLEGES, subhead-
ing: Long range development plans
Permits
See Development permits, this heading; Local
development permit programs, this heading
Public works plans
See Local development permit programs, this
heading
Purpose of rules, 14:13001
Restoration orders, 14:13190-14:13197
-Commencement of proceedings, 14:13191
-Contents, 14:13196
-Definitions, 14:13190
-Executive Director's recommendation
--Contents, 14:13193
— Distribunon, 14:13194
-Hearing procedures, 14:13195
-Modification, 14:13197
-Notice of hearing, 14:13192
-Rescission, 14:13197
Seawalls, 14:13252
Timberland conversion, 14:1108
Urban land exclusion
See Exclusions, this heading
Use and effect, 14:13003
COAST FOREST DISTRICT
Archeological and historical sites, 14:929-14:929.7
Cable yarding, 14:914.3
Clearing exceptions, 14:913.7
Cumulative impacts assessment, 14:912.9
Definitions, 14:895.1
Disposal of refuse and debris, 14:914.5
Erosion control, 14:914-14:914.9
-Alternative practices, 14:914.9
-Purpose of rules, 14:914
-Soil erosion hazard rating
— Estimation procedure, 14:912.5
-Waterbreaks, 14:914.6
-Watercourse protection, 14:916.7
Felling practices, 14:914.1
Fire protection, 14:918-14:918.10
-Blasting and welding, 14:918.7
-Burning permit requirements, 14:918
-Cable block requirements, 14:918.10
-Cooking and warming fires, 14:918.5
-Inspection for fire after felling cessation, 14:918.8
-Passable roads, 14:918.3
-Posting safety procedures, 14:918.6
-Smoking and match restrictions, 14:918.4
-Suppression resource inventory, 14:918.1
Geographic boundaries, 14:907
Hazard reduction, 14:917-14:917.6
-Purpose of rules, 14:917
-Residual tree protection, 14:917.7
-Slash control
— Broadcast burning, 14:917.3
— Burning notification, 14:917.6
— Pile burning, 14:917.5
— Treatment, 14:917.2
Insect and disease control
-Prevention, 14:917.9, 14:917.10
-Reporting requirements, 14:917.11
Lake protection
See Watercourse and lake protection, this heading
Maximum sustained production
-High quality timber products,
14:913.10-14:913.11
Purpose of rules, 14:911
Regeneration
-Even-aged stand management, 14:913.1
Sensitive species classification
-Wildlife habitat protection, 14:919.12
Sensitive watersheds
See Watercourse and lake protection, this heading
Site preparation, 14:915-14:915.4
-Heavy equipment use, 14:915.1
-Natural resources protection, 14:915.3
-Purpose of rules, 14:915
-Timber harvest plan addendum, 14:915.4
-Vegetation treatment, 14:915.2
COAST FOREST D\SJFl\C7-continued
Southern Subdistrict
-County rules, 14:924-14:924.5
— Applicability, 14:924
— Timber harvesting plans
Filing, 14:924.2
Notices of filing, 14:924.4
Preharvest inspections, 14:924.3
Reviews, 14:924.5
Submittals, 14:924.1
-Marin County
— Applicability, 14:927
— Flagging property lines, 14:927.4
— Hazard reduction, 14:927.12
— Logging practices, 14:927.11
— Log hauling, 14:927.5
— Recreation Corridor buffer zones, 14:927.13
— Registered Professional Forester advice,
14:927.16
— Roads
Logging buffer zones, 14:927.6
— Silvicultural methods, 14:927.9
— Stocking requirements, 14:927.10
— Timber harvesting plans
Contents, 14:927.2
Exemptions, 14:927.8
Notices of intent and filing, 14:927.14
Review team meetings, 14:927.15
Submittals, 14:927.7
— Tractor yarding, 14:927.3
— Winter operations
Decision by Director, 14:927.17
Period defined, 14:927.1
-Santa Clara County
— Applicabihty of rules, 14:925
—Flagging, 14:925.6
— Hours of work, 14:925.10
— Log haufing, 14:925.7
— Performance bonding, 14:925.11
— Roads
Logging buffer zones, 14:925.8
Protection from logging operations, 14:925.9
— Timber harvesting plans
Contents, 14:925.4
Distribution, 14:925.3
Submittals, 14:925.2
— Tractor yarding, 14:925.5
— Winter period defined, 14:925.1
-Santa Cruz County
— AppUcabihty of rules, 14:926
— Erosion control, 14:926.19
— Flagging
Property fines, 14:926.11
Roads, 14:926.16
— Fuelwood harvesting, 14:926.8
— Hours of work, 14:926.9
— Log hauling, 14:926.10
— Performance bonding, 14:926.13
— Roads
Abandonment, 14:926.17
Construction, 14:926.15
— Soil deposition on property owned by others,
14:926.12
— Timber harvesting plans
Additional information, 14:926.5
Biotic resources identification, 14:926.14
Contents, 14:926.23
Exemptions, 14:926.21
Field reviews, 14:926.2
Notice of intent, 14:926.3
Preharvest inspection reports, 14:926.4
Public water agency representatives, 14:926.6
Registered Professional Forester advice,
14:926.1
Review teams, 14:926.7
Special methods, 14:926.25
Submittals, 14:926.3
— Winter period defined, 14:926.18
-Slash treatment, 14:917.4
-Stocking, special harvesring methods, 14:913.8
Stocking
-Alternative prescriptions, 14:913.6
-Intermediate treatments, 14:913.3
-Minimum standards, 14:912.7
10
COAST FOREST DISTRICT
CALIFORNIA CODE OF REGULATIONS
COAST FOREST D\SJf»CT-continLied
Stocking-continued
-Preliminary status reports, 14:913.5
-Progeny, clonal, or provenance exemption,
14:912.8
-Silvicuitiiral objectives, 14:913
-Special harvesting methods, 14:913.4, 14:913.8
-Uneven-aged stand management, 14:913.2
Timber harvesting plans
See also LOGGING AND SAWMILLS
-County mles, southern subdistrict,
14:924.1-14:924.5
-Marin County, 14:927.2, 14:927.7-14:927.15
-Santa Clara County, 14:925.2-14:925.4
-Santa Cruz County, 14:926.1-14:926.25
Tractor operations, 14:914.2
Tractor road water crossings, 14:914.8
Watercourse and lake protection
-Alternative measures, 14:916.6
-Beneficial uses of water, 14.916.2
-Coho salmon protections, 14:916.9.1-14:916.9.2
— Monitoring, 14:916.11.1
—Roads and landings, 14.923.9.1-14:923.9.2
-Domestic water supply, 14:916.10
-Erosion control, 14:916.7
-Evaluation of mitigations and practices, 14:916.11
-Federal Clean Water Act listed watersheds,
14:916.12
-General limitations, 14:916.3
-In lieu practices, 14:916.1
-Protection zone width determination, 14:916.5
-Purpose of rules, 14:916
-Requirements, 14:916.4
-Sensitive watersheds, 14:916.8
-Threatened or impaired values of watersheds,
14:916.9, 14:923.9
Wildlife habitat protection, 14:919-14:919.16
-Applicability of regulations, 14:919
-Marbled murrelet, 14:919.11
-Nest sites
— Alternatives, 14:919.5
— Sensitive species, 14:919.2
— Specific requirements, 14:919.3
-Non-listed species, 14:919.4
-Northern spotted owls, 14:919.9
—Take, 14:919.10
-Sensitive species classification, 14:919.12
-Snag retention, 14:919.1
Winter restrictions, 14:914.7
COCKLES
Bag and possession provisions, 14:29.35
CODLINGS
Bag and possession provisions, 14:28.53
COHO SALMON
Coast forest district protections,
14:916.9.1-14:916.9.2
-Monitoring. 14:916.11.1
-Roads and landings, 14:923.9.1-14:923.9.2
Distribution north of San Francisco, 14:749.1 Exh.
A
Incidental take during threatened/endangered spe-
cies candidacy period, 14:749.1
Northern forest district protections,
14.936.9.1-14:936.9.2
-Monitoring, 14:936.11.1
-Roads and landings, 14:943.9.1-14:943.9.2
COLD STORAGE
Plant records, 14:711
COLDWATER CANYON ECOLOGICAL
RESERVE, 14:630
COLLEGES AND UNIVERSITIES
See UNIVERSITIES AND COLLEGES
COLLINS ALMANOR FOREST-DIAMOND
INTERNATIONAL HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.2
COLLINS EDDY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
COLORADO RIVER BOARD
Conflict of interest, 14:12010
Environmental Quality Act. 14:12000
-Applicability, 14:12004
-Definitions, 14:12003
-Participation, 14:12006
-Pohcy, 14:12002
-Project evaluation, 14:12005
-Purpose, 14:12001
COLORADO RIVER DISTRICT
Bait fish use restrictions. 14:4.15
Geographic definition, 14:6.37
COLUSA BYPASS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
COLUSA NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
COMMERCIAL FISHING
See FISHING
COMPLAINTS AND CHARGES
Beverage container recycling
-Unfair and predatory pricing, 14:2135
Oil spill prevention and response, compliance vio-
lations, 14:874.1
COMPOSTING
Agricultural material operations, 14:17856
Apphcability, 14:17850
Authority of regulations, 14:17850
Biosolids, 14:17859.1
Chipping and grinding activities, 14:17862.1
Definitions, 14^17225.14, 14:17852
Design requirements, 14:17866
Environmental health standards
-Clean green material processing requirements,
14:17868.5
-Maximum metal concentrations, 14:17868.2
-Pathogen reduction, 14:17868.3
-Sampling requirements, 14:17868.1
Facilities
-Design requirements, 14:17866
-Permits, 14:17854, 14:17855.3
— Pre-existing, 14:17855.4
-Siting on landfills, 14:17865
Food unsold, transfer to regional produce distribu-
tion center for, 14:17402.5
Form for permit, 14:18831 Appx. A
Green material facilities, 14:17857.1
-Processing requirements, 14:17868.5
Hazardous waste, prohibition, 14:17855.2
Integrated waste management plans,
T4:18736-14:18736.4
-Alternatives evaluations, 14:18736.3
-Existing condition descriptions, 14:18736.2
-Objectives, 14:18736.1
-Requirements, 14:18736
-Selection, 14:18736.4
Mammalian tissue, prohibition, 14:17855.2
Medical waste, prohibition, 14:17855.2
Metal concentrarions, 14:17868.2
Odor impact minimization plan, 14:17863.4
Operating standards, 14:17867
Pathogen reduction, 14:17868.3
Permits
-Forms, 14:18831 Appx. A
Pre-existing permits and notifications, 14:17855.4
Prohibited materials, 14:17855.2
Recordkeeping requirements, 14:17869
Regulatory tiers
-Agricultural material operations, 14:17856
-Chipping and grinding activities, 14:17862.1
-Excluded activities, 14:17855
-Green material operations and facilities,
14:17857.1
-Research operations, 14:17862
Reporting requirements, 14:17863
-Odor impact minimization plan, 14:17863.4
-Site information, 14:18227
Research operations, 14:17862
Sampling requirements, 14:17868.1
Scope of regulations, 14:17850
COMPOSllNG-continued
Site restoration, 14:17870
Siting on landfills, 14:17865
Training, 14:17867.5
COMPUTERS
Fishing, prohibitions, 14:2.45
Hunting, computer assisted, prohibitions, 14:251.9
Recycling of electronic waste,
14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
CONCESSIONAIRES
Parks and recreation areas, contract awards,
14:4400
CONFIDENTIAL INFORMATION
See also generally ACCESS TO INFORMATION
Beverage container recycling
-Accounting and reporting procedures, 14:2080
-Processing fees, 14:2945
Electronic waste recycling and recovery,
14:18660.43
Environmental impact reports, 14:15120
Plastic bag recycling program, submission of,
14:17987.5
Rigid plastic packaging container manufacturers,
14:17948
Waste management public contracts, 14:17045
CONFLICT OF INTEREST
Boating and Waterways Department, 14:8600
-Employee designations, 14:8600 Appx.
Coachella Valley Mountains Conservancy,
14:25050
Coastal Commission, 14:13040
Coastal conservancy, 14:13800
-Contracts for private services, 14:13881
Colorado River Board, 14:12010
Conservation Department, 14:1670
-Employee designations, 14:1670 Appx. A
Fish and Game Commission, 14:782
Fish and Game Department
-Contracts for architectural, engineering, surveying,
and construction services, 14:789.4
Forestry Board, 14:890
Integrated Waste Management Board, 14:18419
Resources Agency, 14:15411
San Diego River Conservancy, 14:25201
San Francisco Bay Conservation and Development
Commission, 14:11600
San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy, 14:14020
-Selection process for private consultant firms,
14:14032
San Joaquin River Conservancy
-Selection process for private consultant firms,
14:25012
Santa Monica Mountains Conservancy, 14:13950
-Employee designations, 14:13950 Appx.
Sierra Nevada Conservancy, 14:25231
Tahoe Conservancy, 14:12120
-Employee designations, 14:12120 Appx.
CONSERVATION
Coastal conservancy
See COASTAL CONSERVANCY
Land
See LAND CONSERVATION
CONSERVATION AND DEVELOPMENT COM-
MISSION, SAN FRANCISCO
See SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
CONSERVATION DEPARTMENT
Conflict of interest code, 14:1670
-Employee designations, 14:1670 Appx. A
Land conservation office
-Agricultural land stewardship program,
14:3000-14:3015
CONSERVATION GRANTS
Land and water
-Allocation of funds, 14:4902
-Applications
—Format, 14:4910
— Submissions, 14:4911
TITLE 14 INDEX
CONTRACTS
II
•
•
•
CONSERVATION GRANTS-<w;/(;u(erf
Land and watet-continiied
-Authority, 14:4901
-Availability and disbursement of funds, 14:4920
-Definitions, 14:4900
-Priorities among projects, 14:4904
-Project criteria, 14:4903
CONSTRUCTION
Boating waterways and facilities
-Loans, 14:5100-14:5107
Debris, 14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolition debris
Environmental Quality Act exemptions,
14:15301-14:15303
-Accessory structures, 14:15311
-Existing facilities, 14:15301
-Small structures, 14:15303
Fish and Game Department
-Contracts, 14:789.0-14:789.6
-Environmental Quality Act exemptions, 14:757
Grants
-Boating waterways and facilities
— Launching facilities, 14:5150-14:5154
— Rest rooms, floating, 14:5160-14:5163
Project management
See CONSTRUCTION PROJECT MANAGE-
MENT
Public buildings
See PUBLIC WORKS
Wastes, 14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolition debris
-Definition, 14:17225.15
Waters of Fish and Game Department interest
-Plan submission requirement, 14:720
-Temporary reduction of flows from Grizzly Val-
ley Dam, 14:721
CONSTRUCTION AGGREGATE RESOURCES
Regionally significant areas, 14:3550
-AiToyo Trabuco, 14:3550.4
-Claremont-Upland, 14:3550.7
-Devils Gate, 14:3550.5
-Eaton Wash, 14:3550.5
-Fresno, 14:3550.13
-Monterey Bay, 14:3550.12
-North San Francisco Bay, 14:3550.11
-Palmdale, 14:3550.9
-Palm Springs, 14:3550.15
-Palos Verdes, 14:3550.5
-Sagus-Newhall, 14:3550.9
-San Bernardino, 14:3550.8
-San Gabriel River, 14:3550.5
-San Juan Creek, 14:3550.4
-Santa Ana River, 14:3550.4
-Santa Clara River Valley, 14:3550.2
-Santiago Creek, 14:3550.4
-Simi Valley, 14:3550.3
-Soufli San Francisco Bay, 14:3550.10
-Stockton-Lodi, 14:3550.14
-Temescal Valley, 14:3550.4
-Tujunga and Pacoima Wash areas, 14:3550.1
-Western San Diego County, 14:3550.6
CONSTRUCTION PROJECT MANAGEMENT
Alquist-Priolo earthquake zones. Mining and Geol-
ogy Board project management services, con-
tracting, 14:3604-14:3614
Boating and Waterways Department project man-
agement services, contracting,
14:8100-14:8100.13
Coastal conservancy contracts, 14:13870-14:13893
See also COASTAL CONSERVANCY, subhead-
ing: Contracts for private services
Forestry contracts, 14:1663-14:1663.9
See also FORESTRY, subheading: Environmental
Quality Act
Mining and Geology Board project management
services contracts
-Alquist-Priolo earthquake zones, 14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
Oil, Gas, and Geothermal Resources Division con-
tracts, 14:1690-14:1699
CONSTRUCTION PROJECT MANAGE-
MENJ-continued
Parks and recreation department contracts,
14:4725-14:4736
Public works
-Integrated waste management board,
14:17020-14:17029
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection of construc-
tion project management firms,
14:14021-14:14032
San Joaquin River Conservancy, selection of con-
struction project management firms,
14:25001-14:25012
Seismic hazards mapping. Mining and Geology
Board project management services, contract-
ing, 14:3726-14:3736
Surface mining and reclamation. Mining and Geol-
ogy Board project management services, con-
tracting, 14:3920-14:3930
CONSULTANTS
Environmental assessments
-Fees, 14:11532, 14:11542
-Materials prepared, 14:11534
-Notificarion of need to use, 14:11530
-Relationship with Bay Conservation and Develop-
ment Commission, 14:11533
-Selection, 14:11531
Environmental impact reports
-Draft reports, 14:15086
-Identification in reports, 14:15129
San Francisco Bay Conservation and Development
Commission
See SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process,
14:14021-14:14032
San Joaquin River Conservancy selection process,
14:25001-14:25012
CONSULTING ENGINEERS
See generally ENGINEERS
CONTAINERS
Ash, nonhazardous waste, 14:17378.2
Beverage
See BEVERAGE CONTAINERS
Labeling
See LABELING AND PACKAGING
Recycling
See RECYCLING
CONTAMINATION
Air
See AIR POLLUTION AND CONTROL
Waste
See HAZARDOUS WASTES; SOLID WASTE
Water
See WATER POLLUTION AND CONTROL
CONTINENTAL SHELF
Development plan permits
-Federal consistency certification
— Appeals, 14:13660.9
— Associated coastal development, 14:13660.12
— Consent calendar procedures, 14:13660.7
— Consultations, 14:13660.1
— Decisions, 14:13660.8
— Definitions, 14:13660
— Federal permit monitoring, 14:13660.13
— Final Commission decisions, 14:13660.8
—Hearings, 14:13660.6
— Multiple permit reviews, 14:13660.11
— Required amendments, 14:13660.10
— Staff summaries, recommendations, and notices,
14:13660.4
Contents, 14:13660.5
— Submissions, 14:13660.3
Injection weUs
-Applicability, 14:1748
-Approval required, 14:1748.2
-Data requirements, 14:1748.3
-Waste disposal requirements, 14:1748.1
Oil and gas wells
-Blowout prevention, 14:1744.5
COmmEUJALSHELf -continued
Oil and gas wel\s~contiiiued
-Casing, 14:1744.1
— Cementing, 14:1744.3
— Pressure testing, 14:1744.4
— String description, 14:1744.2
-Definitions, 14:1741
-Drilling. 14:1744
—Fluids, 14:1744.6
-Identification, 14:1742
-Incorporation by reference, 14:1740.4
-Offshore well defined, 14:1996.5
-Operations approval, 14:1740.5
-Plugging and abandonment
— Annular space, 14:1745.4
— Approval required, 14:1745
—Casing stubs, 14:1745.3
— Clearance of location, 14:1745.8
—Junk in hole, 14:1745.2
—Mud filling, 14:1745.7
— Permanent, 14:1745.1
— Surface plugs, 14:1745.5
—Temporary, 14:1745.9
— Testing of plugs, 14:1745.6
— Witnessing of operations, 14:1745.10
-Policy, 14:1740.1
-Purpose of rules, 14:1740
-Records, 14:1746
—Filing, 14:1746.1
— Wellsite records, 14:1746.2
-Requirements, 14:1743
-Revision of rules, 14:1740.3
-Safety and pollution control, 14:1747
— Contamination containment, 14:1747.3
— Electrical equipment installation, 14:1747.9
— Emergency power supply, 14:1747.4
— Equipment requirements, 14:1747.1
— Fire protecrion, 14:1747.5
— Gas detection system, 14:1747.6
Diagrams, 14:1747.8
Installation application, 14:1747.7
— Safety devices, 14:1747.2
— Testing and inspection, 14:1747.10
-Scope of rules, 14:1740.2
CONTRACTORS
Construction project management
See CONSTRUCTION PROJECT MANAGE-
MENT
Fish and game department contracts,
14:789.0-14:789.6
See also FISH AND GAME DEPARTMENT
Forestry contracts, 14:1663-14:1663.9
See also FORESTRY, subheading: Environmental
Quality Act
Integrated Waste Management Board (CIWMB)
-Unreliable contractors, list, 14:17050-14:17062
Public works
See generally PUBLIC WORKS
Waste haulers
-Reports, 14:18808.9
-Training, 14:18808.3
CONTRACTS
Alquist-Priolo earthquake fault zones
-Mining and Geology Board, professional services
contracts, 14:3604-14:3614
Boating and Waterways Department, professional
services contracts, 14:8100-14:8100.13
Boating safety and enforcement financial aid pro-
gram, 14:6593.6
Construction project management
See CONSTRUCTION PROJECT MANAGE-
MENT
Fish and game department
-Architectural, engineering, surveying, and con-
struction services, 14:789.0-14:789.6
Mining and Geology Board professional services
contracts
-Alquist-Priolo earthquake fault zones,
14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
Oil, Gas, and Geothermal Resources Division
-Professional services firms, environmental ser-
vices, 14:1690-14:1699
12 CONTRACTS
CALIFORNIA CODE OF REGULATIONS
COHTBfiiCTS-contimicd
Seismic iiazards mapping
-Mining and Geology Boaid, professional services
contracts. 14:3726-14:3736
Surface mining and reclamation
-Mining and Geology Board, professional services
contracts, 14:3920-14:3930
CONTROL SYSTEM ENGINEERS
See generally ENGINEERS
COOKING APPLIANCES
See generally APPLIANCES, HOUSEHOLD
COON HOLLOW WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:351
Public use activities, 14:550
COONSTRIPE SHRIMP
Bag and possession provisions, 14:29.88
Commercial fishing operations, 14:180.15
COOTS, AMERICAN
Hunting
-Nontoxic shot requirement, 14:507.1
-Provisions, 14:502
COPPER PEAK HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.1
CORRAL HOLLOW ECOLOGICAL RESERVE,
14:630
CORTE MADERA MARSH ECOLOGICAL
RESERVE, 14:630
CORTE MADERA MARSH STATE MARINE
PARK, 14:632
CORVINA
Salton Sea bag and possession provisions, 14:5.25
COST SHARING
See GRANTS
COSUMNES RIVER ECOLOGICAL RESERVE,
14:630
COTTONWOOD CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
COUNTIES
See also LOCAL AGENCIES
Boating safety and enforcement program, state aid,
14:6593-14:6593.11
Clerks
-Fish and game environmental impact report fees,
collection, 14:753.5
Environmental impact reports
-Consultation with water agencies, 14:15155
Fire prevention
-State responsibility areas, assumption of responsi-
bilities, 14:1658
Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Off-highway motor vehicle recreation grants and
cooperative agreements program,
14:4970-14:4970.21. 14:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
Recycling
See INTEGRATED WASTE MANAGEMENT
PLANS
Solid waste disposal enforcement
See SOLID WASTE, subheading: Enforcement
Source reduction for waste
See INTEGRATED WASTE MANAGEMENT
PLANS
Suisun Marsh local protection program endorse-
ment, 14:11201, 14:11202
Timber harvesting plans
-Appeals, 14:1055-14:1055.6
-Hearings, 14:1115-14:1115.4
Timberland conversion permits
-Submittals to Recorder, 14:1106.3
COUNTY CLERKS
Fish and game environmental impact report fees,
collection, 14:753.5
COWCOD
Conservation areas, 14:27.50
Fishing closure areas. 14:150.06
CRABS
Bag and possession provisions, 14:29.85
Rock crab, commercial fishing operations, 14:125
Tanner crab
-Commercial fishing operations, 14:126
-Weight conversion factors for computing landing
tax. 14:187
CRABS, DUNGENESS
Commercial fishing operations
-Crabmeat, cooked crabs and parts, closed season
restrictions, 14:133
-Importation, 14:132
CRAPPIE
Bag and possession provisions, 14:5.30
CRAYFISH
Bag and possession provisions, 14:5.35
Commercial fishing operations, 14:116
CREEKS
See generally RIVERS AND STREAMS
CRESTRIDGE ECOLOGICAL RESERVE, 14:630
CROAKERS, WHITE
Commercial fishing operations
-Closure of fishing waters, 14:104
-Restricted areas, 14:104
CROPS
See AGRICULTURE
CROSSBOWS
Hunting
-Big game, authorized methods, 14:353
-Equipment regulations, 14:354
-Resident small game, authorized methods, 14:311
CROWS, AMERICAN
Hunting provisions, 14:485
CRUSTACEANS
Bay (grass) shrimp
-Bag and possession provisions, 14:29.86
Blue mud shrimp
-Bag and possession provisions, 14:29.87
Brine shrimp
-Commercial fishing operations
— Trawling in Mono Lake, 14:120.5
Coonstripe shrimp
-Bag and possession provisions, 14:29.88
-Commercial fishing operations, 14:180.15
Crabs
-Bag and possession provisions, 14:29.85
Crayfish
-Bag and possession provisions, 14:5.35
-Commercial fishing operations, 14:116
Dungeness crabs
-Bag and possession provisions, 14:29.85
-Commercial fishing operations
— Crabmeat, cooked crabs and parts, closed season
restrictions, 14:133
— Importation, 14:132
Endangered species, 14:670.5
Gear restrictions, 14:29.80
Ghost shrimp
-Bag and possession provisions, 14:29.87
Golden prawns
-Trawling restrictions, 14:120.3, 14:120.4
Importation, transportation, and possession restric-
tions, 14:671
Lagoons and tidal waters
-Bag and possession provisions, 14:5.45
Lobsters
-Bag and possession provisions, 14:29.90
-Corrunercial fishing operations
— Closed season restrictions, 14:121
— Daily log, 14:245 Appx. A
—Permits, 14:122
— Size verification, 14:121.5
Prawns
-Commercial fishing operations
— Trawling
Log, form, 14:245 Appx. A
CRUSTACEANS-cci/?/;>;«ea'
Prawns-continued
-Commercial fishing operauons-continued
— Tra w I i n ^-continued
Restricrions, 14:120
Ridgeback prawns
-Trawling restrictions, 14:120.3, 14:120.4
Shrimp
See SHRIMP
Spot prawns
-Commercial fishing operations
— Traps, 14:180.1
— Trawling restrictions, 14:120.3, 14:120.4
CRYSTAL COVE HISTORIC DISTRICT, 14:4612
CRYSTAL COVE STATE MARINE CONSERVA-
TION AREA, 14:632
CULTURAL PRESERVES
List, 14:4760
CURFEWS
Parks and recreation areas, 14:4317
CURLFIN SOLE
Bag and possession provisions, 14:28.48
D
DAIRY MART PONDS ECOLOGICAL RESERVE,
14:630
DALES LAKE ECOLOGICAL RESERVE, 14:630
DAMS
Fishing, fishways, screens, and egg-taking stations,
restrictions on take, 14:2.35
Grizzly Valley Dam, temporary reduction of flows
for eradication of Northern Pike, 14:721
DANA POINT STATE MARINE PARK, 14:632
DAUGHERTY HILL WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
DAVENPORT LANDING CREEK
Anadromous fish, aquaculture permits, 14:235.2
DEAD ANIMALS
Agricultural wastes, management practices,
14:17823.5
Definition of carcass as solid waste, 14:17225.18
Putrescible wastes, defined as, 14:17225.52
DEAD END ROADS
Fire prevention, emergency access, 14:1273.09
DEBRIS
Construction and demolition debris,
14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolidon debris
DECKER ISLAND WILDLIFE REFUGE
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
DEER
Classification and definition, 14:351
Disease prevention and control, 14:676
Fallow deer, farming of, 14:676
Hunting provisions, 14:360
-Archery deer hunting, 14:361
-Archery hunting, 14:361
-Cooperarive hunting areas, 14:554
-Depredation hunts, 14:400
— Permit issuance, 14:401
-Importarion of hunter-harvested carcasses, restric-
tions, 14:712
-License tags, 14:708
-Methods authorized, 14:353
Meat, transportation and sale permits, 14:676
•
TITLE 14 INDEX
DISCLOSURE OF INFORMATION J 3
DEFINITIONS
AgricLilliiral land stewardship program, 14:3000
Aiquist-Prioio earthquake fault zones
-Mining and Geology Boaid
—Policies, 14-.3601
— Professional services contracts, 14:3605
Amphibians, native, 14:1.67
Appliances, household
See APPLIANCES, HOUSEHOLD
Asbestos
-Integrated waste management plans, 14:18720
Ashes, 14:17225.5
-Nonhazardous waste, 14:17376
-Rubbish, as. 14:17225.59
Baling of solid waste, 14:17225.6
Beverage container recycling, 14:2000
Boating and Waterways Department, professional
services contracts, 14:8100.1
Boats
See BOATS AND BOATING
CEQA
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
Coastal commission
-Cease and desist orders, 14:13180
-Restoration orders, 14:13190
Coastal conservancy
-Contracts for private services, 14:13870
Coastal development plans, 14:13502
-Minor amendment, 14:13554
Coastal zones
See COASTAL ZONES
Colorado River Board, 14:12003
Composting, 14:17225.14
Composting operations, 14:17852
Construction and demolition debris
-Disposal, 14:17388
-Transfer and processing requirements, 14:17381
Electronic waste recycling, 14:18660.5
Endangered species
-Take incidental to agricultural activities, 14:786.1
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Environmental Quality Act
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
Farm and ranch solid waste cleanup and abatement
grant program, 14:17991
Fish and game department
-Contracts for architectural, engineering, surveying,
and construction services, 14:789.0
Fishing
See FISHING
Forest improvement programs, 14:1526.1
Forestry
See FORESTRY; FORESTRY BOARD
Geothermal energy
See GEOTHERMAL ENERGY
Historic resources register, 14:4858 Appx. A
Household appliances
See APPLIANCES, HOUSEHOLD
Household hazardous waste elements, 14:18751.1
Hunting
See HUNTING
Lal':e County Scenic Combining District, timber
operations, 14:945.2
Land conservation, 14:14100-14:14102
Marinas, recreational, loans for, 14:5171
Mines and mining
See MINES AND MINING
Mining and Geology Board
-Alquist-Priolo earthquake fault zones, professional
services, contracting, 14:3605
-Reclamation, financial assurances for, 14:3802
-Seismic hazards mapping, professional services,
contracting, 14:3727
-Surface mining and reclamation, professional ser-
vices, contracting, 14:3921
Nuisance
-Waste disposal, 14:17225.45
Off-road vehicle recreation grants, 14:4970.00
-Applications received after Jan. 1, 2006,
14:4970.50
Oil, Gas, and Geothermal Resources Division
DEfmn\OUS-continued
Oil, Gas, and Geothermal Resources Divi-
sion-contiiuied
-Professional services firms, contracting, 14:1690.1
Oil and gas
See OIL AND GAS
Oil spill prevention and response, 14:790
-Administrative compliance actions, 14:873.1
-Certificates of financial responsibility. 14:791
-Cleanup agents, 14:884.5
-Contingency plan grants, 14:852.60.2
-Oil recovered, 14:877.2
-Oil Spill Prevention and Administration Fund Fee,
14:870.15
Outer continental shelf permits, 14:13660
Parks and recreation
See PARKS AND RECREATION
Planning and research office
-Dispute resolution, 14:16010, 14:16012
Private Wildlife Management Area, 14:601
Reclamation
-Mining and Geology Board
— Financial assurances, 14:3802
Recycling
-Beverage containers, 14:2000
-Electronic waste, 14:18660.5
-Loans for market development, 14:17931
-Plastic bags, at-store program, 14:17987.2
-Rigid plastic packaging container prosram,
14:17943
Registered professional forester rules, 14:1600,
14:1602
Reptiles, native, 14:1.67
San Francisco Bay conservation and development
See SAN FRANCISCO BAY AND BAY AREA,
subheading: Conservation and development
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process for
private consultant firms, 14:14021
San Joaquin River Conservancy, selection process
for private consultant firms, 14:25001
Scavenging, 14:17225.63
Seismic hazards mapping, 14:3721
-Mining and Geology Board, professional services
contracts, 14:3727
Shredding, 14:17225.66
Sludge, 14:17225.67
Sohd waste
See SOLID WASTE
Spearfishing, 14:1.76
Suisun marsh local protection program, 14:11213
Surface mining and reclamation, 14:3501
-Financial assurance, 14:3802
-Mining and Geology Board, professional services
contracts, 14:3921
Tahoe Conservancy executive officer, 14:12052
Thieatened species
-Take incidental to agricultural activities, 14:786.1
Trash bags, recycled content, 14:17976
Waste disposal
See SOLID WASTE; WASTE DISPOSAL
Waste management
-Integrated waste management plans, 14:18720
White seabass fishery management plan, 14:51.01
DELEVAN NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
DEL MAR LANDING ECOLOGICAL RESERVE,
14:630
DEL MAR LANDING STATE MARINE CONSER-
VATION AREA, 14:632
DEL MONTE DUNES ECOLOGICAL RESERVE,
14:630
DELTA PROTECTION COMMISSION
Appeals from local government decisions,
14:20000-14:20013
-Commission receipt of appeal, 14:20004
-Contents, 14:20002
-Decision, 14:20011
-De novo review, 14:20006
-Effect of, 14:20005
-Evidence, 14:20010
-Ex parte contacts, 14:20013
DELTA PROTECTION COMmSS\ON-continued
Appeals from local government deci-
s\ons-continued
-Filing requirements, 14:20002
-Grounds, 14:20003
-Hearings, 14:20008-14:20010
-Jurisdiction of commission/appealable issues,
hearing, 14:20008
-Merits, hearing, 14:20009
-Notification of commission action, 14:20012
-Purpose of rules, 14:20000
-Standard of review, 14:20007
-Time for, 14:20001
Resource manaeemeni plan
-CEQA compliance, 14:20015-14:20021
—Adoption of, 14:20019
— Agencies, consultation with, 14:20017
— Amendments of, 14:20021
— Environmental impact, 14:20019
— Notice requirements, 14:20016, 14:20020
—Preparation of, 14:20015
— Proposed amendments, response to comments,
14:20018
— Public availability, notice of, 14:20016
— Written comments, response to, 14:20018
-Land use protection plan, 14:20030-14:20110
—Agricultural use, 14:20060, 14:20070
Environmental protection, 14:20040
— Air transportation, 14:20050
— Boater education and safety programs, 14:20110
—Bridges, 14:20050
— Infrastructure, 14:20050
—Levees, 14:20100
— Marine patrols, 14:20110
— Mosquito control, 14:20080
— Nonagricultural uses, 14:20060
— Purpose and overview, 14:20030
— Recreational facilities, 14:20090
—Roads, 14:20050
— Sewage treatment facilities, 14:20050
— Solid waste disposal, 14:20050
—Utilities, 14:20050
— Water and wastewater treatment, 14:20050
—Water quality, 14:20080
—Wildlife habitats, 14:20040
DELUZ-TENAJA HAZARDOUS FIRE AREA
Geographic boundaries, 14:1206
DEMOLITION
Debris, 14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolirion debris
Wastes, definition, 14:17225.15
DE NOVO PROCEEDINGS
Coastal development
-Appeals prior to local program certification,
14:13336
-Regular permit appeals, 14:13114
Delta Protection Commission, appeals from local
government decisions, 14:20006
DEVILS GATE
Construction aggregate resources, 14:3550.5
DIAMOND INTERNATIONAL HAZARDOUS FIRE
AREA NO. 1
Geographic boundaries, 14:1203
DIAMOND INTERNATIONAL HAZARDOUS FIRE
AREA NO. 2
Geographic boundaries, 14:1203.1
DISASTERS
Earthquake emergency grant aid program
See EARTHQUAKES
Solid waste, emergency waiver of standards,
14:17210-14:17210.9
See also SOLID WASTE
DISCIPLINARY ACTIONS
Foresters, 14:1612-14:1614
DISCLOSURE
San Francisco Bay Conservation And Development
Commission
-Ex parte communications, 14:10283
DISCLOSURE OF INFORMATION
See also generally ACCESS TO INFORMATION
14 DISCLOSURE OF INFORMATION
CALIFORNIA CODE OF REGULATIONS
DISCLOSURE OF INFORMATiON-to«;;/u/e^/
Trade secrets, environmental iinpact reports,
14:LS120
DISEASES
Aquacultiire, control provisions, 14:245
Birds or mammals, propagation, sale, transport, or
release prohibitions when diseased, 14:680
Fallow deer farms, disease prevention and control.
14:676
Insects, disease control
-Logging operations
See LOGGING AND SAWMILLS
Rehabilitation facilities for diseased animals,
14:679
DITCHES
Agricultural waste management practices, 14:17824
DOGFISH, SPINY
Bag and possession provisions, 14:28.51
DOGS
Hunting
-Furbearing mammals, 14:465
-Game bird shooting clubs, 14:600
-Migratory game birds, 14:507
-Nongame animals, 14:475
-Resident small game, 14:31 1
-Training and field trials, 14:677
-Use in pursuit, restrictions, 14:265
Laboratory animals, care and treatment, 14:671.3
DOHENY STATE MARINE CONSERVATION
AREA, 14:632
DOHENY STATE MARINE PARK, 14:632
DOMESTICATED ANIMALS
See PETS
DOVER SOLE
Bag and possession provisions, 14:28.49
DOVES
Hunting provisions, 14:300
DOVES, CHINESE SPOTTED
Hunting permits, 14:313
DOVES, RINGED TURTLE
Hunting provisions, 14:300
-Permits, 14:313
DOVES, SPOTTED
Hunting provisions, 14:300
DOVES, WESTERN MOURNING
Hunting permits, 14:313
DOVES, WHITE-WINGED
Hunting permits, 14:313
DOYLE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
DRAINAGE CONTROL
Solid waste management
-Transfer/processing operations and facilities,
14:17407.3
Sohd waste transfer/processing operations and
facilities, 14:17407.3
DREDGING AND FILLING
CEQA exemption for in-fiU development projects,
14:15332
Coastal development permits
-Repair and maintenance activities, 14:13252
Debris disposal by engineered fill operations,
14:17388.3
San Francisco Bay conservation and development,
14:10720-14:]0729
-Fees for disposal of dredged materials, 14:10522
-Historic structures, protection, 14:10704
-Permits
— Exemption claims form, 14:11721 Appx. J
-Pre-existing residential structure, defined,
14:10705
-Public access improvement, minor fill, 14:10701
-Shoreline appearance improvement, minor fill,
14:10700
-Use of Bay as design asset, 14:10702
DRILLING AND DRILLS
Cessation date defined, 14:1996.7
Geothermal wells
-Cable tool drilling, 14:1942.2
-Casing, 14:1935
— Conductor pipe, 14:1935.1
--Intermediate casing, 14:1935.3
— Production casing, 14:1935.4
— Surface casing, 14:1935.2
-Electric logging, 14:1936
-Fees, 14:1932
— Assessments
Date, 14:1933
Notification, 14:1933.2
Roll establishment, 14:1933.3
— Establishment, 14:1933.1
— Payments and penalties, 14:1933.4
-Injection conversion notice, 14:1931.2
-Notice of intent, 14:1931
-Records, Division requirements, 14:1937.1
-Reworking notices, 14:1931.1
-Unstable terrain. 14:1931.5
Oil and gas wells
-Fluid requirements
—Offshore wells, 14:1744.6
— Onshore wells, 14:1722.6
-Offshore rules, 14:1744
DUCKS
Hunting
-Migratory waterfowl, 14:502
-Nontoxic shot requirement, 14:507.1
-Stamp requirement, 14:510
DUMPS
See LANDFILLS
DUNGENESS CRABS
Bag and possession provisions, 14:29.85
DUST
Solid waste transfer/processing operations and
facilities, 14:17407.4
DUXBURY REEF STATE MARINE CONSERVA-
TION AREA, 14:632
DWELLINGS
5ee HOUSING
DYNAMITE
See generally EXPLOSIVES
E
EAGLES, BALD
Endangered species, 14:670.5
Nest site protection
-Coast forest district logging operations, 14:919.3
EAGLES, GOLDEN
Nest site protection
-Coast forest district logging operations, 14:919.3
EARTHQUAKES
Alquist-Priolo earthquake fault zones. Mining and
Geology Board policies and criteria,
14:3600-14:3614
Seismic hazards mapping, 14:3720-14:3725
-Criteria for project approval, 14:3724
— Waiver of geotechnical report requirements,
14:3725
-Definitions, 14:3721
-Professional services, contracting,
14:3726-14:3736
— Amendments, 14:3733
— Bids, soliciting, 14:3735
— Contract negotiation, 14:3732
— Definitions, 14:3727
— Estimate of value of services, 14:3729
— Evaluation of qualifications and performance
data, 14:3731
— Excluded services, 14:3736
— Project performed in phases, 14:3734
EARTHQUAKES-co/7//Hi(efl'
Seismic hazards mapping-continued
-Professional services, contracting-co/U/>/t/e^
— Requests for proposals, 14:3730
— Selection criteria, 14:3728
—Selection of firms, 14:3726
-Requirements for mapping, 14:3722
-Review of preliminary maps, 14:3723
Solid waste, emergencv waiver of standards,
14:17210-14:17210.9
EASEMENTS
Agricultural land stewardship program,
" 14:3000-14:3015
Environmental Quality Act exemptions, 14:15317
-Tahoe Conservancy, 14:12102.17
Land conservation contracts
-Cancellation fee waivers, 14:14125
EASTERN TULARE HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.4
EAST WALKER RIVER WILDLIFE AREA
Pubhc use activities, 14:550
EATON WASH
Construction aggregate resources, 14:3550.5
ECOLOGICAL RESERVES
Fish and game provisions, 14:630
EDEN LANDING ECOLOGICAL RESERVE,
14:630
EDUCATION
See also TRAINING
Boats and boating, safety course, 14:8000
EDUCATIONAL INSTITUTIONS
See SCHOOLS AND SCHOOL DISTRICTS;
UNIVERSITIES AND COLLEGES
EEL GRASS
Cutting or disturbing prohibitions, 14:30.10
EEL RIVER WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
EIRs
See ENVIRONMENTAL IMPACT REPORTS
EL DORADO COUNTY
Hazardous fire areas
-Beaver Ridge-Bear River, 14:1204.6
-Silver Fork, 14:1204.9
-Sly Park- Alder Creek, 14:1204.10
-Whitmore-Panther Creek, 14:1204.5
ELECTIONS
Fish and Game Commission, election of officers,
14:660
ELECTRICAL ENGINEERS
See generally ENGINEERS
ELECTRICITY
Environmental Quality Act exemptions
-Cogeneration projects, 14:15329
-Hydroelectric projects, 14:15328
-Thermal power projects, 14:15271
Transmission lines, firebreaks, 14:1250-14:1258
ELECTRONIC WASTE RECYCLING ACT OF
2003, 14:18660.5-14:18660.43
Audits, 14:18660.9
Cancellation methods, 14:18660.32
Confidentiality, 14:18660.43
Definitions, 14:18660.5
Documentation, 14:18660.7
Manufacturers
-Consumer information, 14:18660.42
-Payment claims, 14:18660.36-14:18660.39
— Appeal of denied or adjusted claims,
14:18660.39
—Denial, 14:18660.38
—Information, 14:18660.37
—Review by CIWMB, 14:18660.38
-Records, 14:18660.36
-Registration, 14:18660.35
-Reporting requirements, 14:18660.41
Net cost reports, 14:18660.10
TITLE 14 INDEX
ENVIRONMENTAL IMPACT REPORTS 15
ELECTRONIC WASTE RECYCLING ACT OF
2003-contiinied
Payment system, 14:18660.6
-Applications for approval,
14:18660.1 1-14:18660.19
— Appeal of denial or revocation, 14:18660.19
—Changes, 14:18660.18
— Collectors, additional requirements, 14:18660.12
— Dual entities, additional requirements,
14:18660.14
— General requirements, 14:18660.11
— Recyclers, additional requirements, 14:18660.12
— Renewal applications, 14:18660.16
—Review by CIWMB, 14:18660.15
— Term of approval, 14:18660.16
-Business requirements
—Collectors. 14:18660.20
—Recyclers, 14:18660.21
-Manufacturers' claims, 14:18660.36-14:18660.39
-Rates
—Recovery, 14:18660.33
—Recycling, 14:18660.34
-Recycling payment claims,
14:18660.22-14:18660.31
— Appeal of denied or adjusted claims,
14:18660.31
—CRTs
Cancellation through crushing or shredding,
14:18660.23
Cancellation through dismantling to bare CRT
after relieving vacuum, 14:18660.24
— General requirements, 14:18660.22
— Non-CRT-containing wastes, 14:18660.25
—Review by CIWMB, 14:18660.30
Prohibited activities, 14:18660.17
Records, 14:18660.8
ELK
Hunting provisions, 14:364
-Cooperative hunting areas, 14:555
-Depredation permits, 14:401
-Dogs used in hunting, prohibition, 14:265
-Importation of hunter-harvested carcasses, restric-
tions, 14:712
-License tags procedures and requirements, 14:708
-Methods authorized, 14:353
ELKHORN PLAIN ECOLOGICAL RESERVE,
14:630
ELKHORN SLOUGH ECOLOGICAL RESERVE,
14:630
ELK RIVER WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
EMERGENCIES
Solid waste, emergency waiver of standards,
14:17210-14:17210.9
EMISSIONS
See generally AIR POLLUTION AND CON-
TROL
EMPLOYEE HOUSING
Environmental Quality Act exemptions, 14:15279
ENDANGERED SPECIES, 14:783.0-14:786.8
Animals
-Importation, transportation, and possession,
14:671
— Humane care and treatment, 14:671.2
—Permits, 14:671.1
— Transport of animals for exhibition, 14:671.4
-List, 14:670.5
-Permits to take for scientific purposes, 14:670.7
Definitions, 14:15380
-Take incidental to agricultural activities, 14:786.1
Fish, list, 14:670.5
Importing and exporting, prohibitions, 14:783.1
Incidental take, 14:783.0-14:786.8
-Agricultural activities, 14:786.0-14:786.8
— Construction with other statutes, 14:786.8
—Definitions, 14:786.1
— Purpose of regulations, 14:786.0
— Reports to legislature, 14:786.7
ENDANGERED SPECIES-con^mwe^
Incidental take-conliiuied
-Agricultural acUviUcs-contiiiued
— Take authorization, 14:786.6
— Voluntary local programs, 14:786.2-14:786.5
-CEQA compliance, 14:783.3, 14:783.5
-Coho salmon, during candidacy period, 14:749.1
-Permits
— Alteration, 14:783.6
— Amendment, 14:783.6
—Appeals, 14:783.8
— Appfications, 14:783.2-14:783.5
--Approval/denial of application, 14:783.5
— Assignment or transfer, 14:783.6
—Display of, 14:783.6
— Initial review, 14:783.4
—Issuance, 14:783.4-14:783.5
— Process, 14:783.5
—Public notice, 14:783.5
— Reconsideration of denial, suspension, or revoca-
tion, 14:783.8
—Renewal, 14:783.6
— Review of application, 14:783.3-14:783.5
—Surrender, 14:783.6
— Suspension and revocation, 14:783.7
— Terms and conditions, 14:783.4
-Purpose of regulations, 14:783.0
-Scope of regulations, 14:783.0
Listing procedure, 14:670.1
Monitored species, 14:670.6
Plants, 14:670.2
Prohibitions, 14:783.1
Protection
-Forest improvement program, 14:1545
-Timber harvesting plan contents, 14:1034,
14:1051
Reporting for monitored species, 14:670.6
ENERGY FACILITIES
See also ELECTRICITY
Definition
-Coastal Commission, 14:13012
Local coastal development permit programs
-Amendments
— Override procedures
Applicability, 14:13666
Commission reviews, 14:13666.3
Information requirements, 14:13666.1
Required findings. 14:13666.4
Submittals, 14:13666.2
ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION
Environmental impact report requirements for
energy, 14:15387 Appx. F
Environmental Quality Act of California, imple-
mentation
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
ENERGY SOURCES
See GEOTHERMAL ENERGY; OIL AND GAS
ENGINEERS
Alquist-Priolo earthquake zones. Mining and Geol-
ogy Board services contracts, 14:3604-14:3614
Boating and Waterways Department services con-
tracts, 14:8100-14:8100.13
Coastal conservancy contracts, 14:13870-14:13893
See also COASTAL CONSERVANCY, subhead-
ing: Contracts for private services
Fish and game department contracts,
14:789.0-14:789.6
Forestry contracts, 14:1663-14:1663.9
See also FORESTRY, subheading: Environmental
Quality Act
Integrated waste management board contracts,
14:17020-14:17029
Mining and Geology Board services contracts
-Alquist-Priolo earthquake zones, 14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
Oil, Gas, and Geothermal Resources Division, con-
tracting, 14:1690-14:1699
Parks and recreation department contracts,
14:4725-14:4736
ENG\NEERS-conlinued
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process,
14:14021-14:14032
San Joaquin River Conservancy, selection process,
14:25001-14:25012
Seismic hazards mapping. Mining and Geology
Board services contracts, 14:3726-14:3736
State contracts
See PUBLIC WORKS, subheading: Architects,
engineers, etc., contracting with
Surface nnning and reclamation. Mining and Geol-
ogy Board services contracts, 14:3920-14:3930
ENGINES, INTERNAL COMBUSTION
Ignition suppression standards, 14:1240-14:1242.1
Watercraft spark-ignition, two-stroke engines, pro-
hibitions on certain lakes, 14:6595
ENGLISH SOLE
Bag and possession provisions, 14:28.49
ENVIRONMENTAL AFFAIRS AGENCY
Permit reform act appeals, 14:19020-14:19022
-Review by secretary, 14:19023
-Violations, 14:19024-14:19025
ENVIRONMENTAL ASSESSMENTS
See ENVIRONMENTAL IMPACT REPORTS
ENVIRONMENTAL AUDITS
See ENVIRONMENTAL IMPACT REPORTS
ENVIRONMENTAL IMPACT REPORTS
Agricultural housing exemption.
14:15191-14:15193, 14:15196
Archaeological resources, 14:15064.5
Caselaw policies, 14:15003
Classification of types, 14:15160
-Addenda, 14:15164
-General plan, 14:15166
-Joint reports, ]4:]5]70
-Master environmental assessments, 14:15169
-Multiple and phased project reports, 14:15165
-Program reports, 14:15168
-Project reports, 14:15161
-Staged reports, 14:15167
-Subsequent reports, 14:15162
-Supplements, 14:15163
Coastal development plans
-Ports
— Non-appealable developments, 14:13647
— Review and comments, 14:13645
Effects, 14:13648
— Submissions, 14:13646
-Reviews and comments, 14:13557
—Effects, 14:13558
-Submissions, 14:13559
Colorado River Board
-Participation, 14:12006
-Policy, 14:12002
-Project evaluations, 14:12005
-Purpose, 14:12001
Contents, 14:15120
-Alternatives to proposed project, 14:15126.6
-Consideration and discussion of impacts,
14:15126
— Cumulative impacts, 14:15130
— Limitations, 14:15127
— Significant impacts, 14:15126.2, 14:15126.4
-Consultant identification, 14:15129
-Disclosure exclusions, 14:15120
-Effects not found to be significant, 14:15128
-Environmental settings, 14:15125
-Final report requirements, 14:15132
-Information, 14:15121
-Project descriptions, 14:15124
-Socioeconomic impacts, 14:15131
-Summaries, 14:15123
-Tables of contents or indexes, 14:15122
Definitions, 14:15002, 14:15350, 14:15362
-Applicant, 14:15351
-Approval, 14:15352
-Categorical exemption, 14:15354
-CEQA, 14:15353
-Cumulative impacts, 14:15355
-Decision-making body, 14:15356
16 ENVIRONMENTAL IMPACT REPORTS
CALIFORNIA CODE OF REGULATIONS
ENVIRONMENTAL IMPACT
REPOBTS-contiimed
Definiuons-continued
-Discretional^ project, 14:15357
-Effects, 14:15358
-Emergency, 14:15359
-Endangered species. 14:15380
-Environment, 14:15360
-Environmental documents, 14:15361
-Environmental impact statement, 14:15363
-Feasible, 14:15364
-Housing exemptions, 14:15191
-Initial study, 14:15365
-Jurisdiction by law, 14:15366
-Lead agency, 14:15367
-Local agency, 14:15368
-Ministerial, 14:15369
-Mitigated negative declaration, 14:15369.5
-Mitigation, 14:15370
-Must, shall, should, and may, 14:15005
-Negative declaration, 14:15371
-Notice of completion, 14:15372
-Notice of determination, 14:15373
-Notice of exemption, 14:15374
-Notice of prepaiation, 14:15375
-Person, 14:15376
-Private project, 14:15377
-Project, 14:15378
-Public agency. 14:15379
-Rare species, 14:15380
-Responsible agency, 14:15381
-Significant effect on the environment, 14:15382
-State agency, 14:15383
-Substantial evidence, 14:15384
-Threatened species, 14:15380
-Tiering, 14:15385
-Trustee agency, 14:15386
-Urbanized area, 14:15387
Delays, reducing, 14:15006
Disputes over responsibilities, 14:16000-14:16041
Exempt projects
-Accessory structures, 14:15311
-Air quality permits, 14:15281
-Annexations, existing facilities and lots for
exempt facilities, 14:15319
-Applicability, 14:15260, 14:15300
-Automotive plants, apphcation of coatings,
14:15278
-Categorical exemptions, 14:15300-14:15331
-Certified regulatory programs
— Applicability, 14:15250
— Fish and game department, rulemaking proce-
dures, 14:777.5-14:777.9
—List, 14:15251
— Substitute documents, 14:15252, 14:15253
-Coastal plans and programs adoptions, 14:15265
-Cogeneration projects, existing facihties, 14:15329
-Disapproved projects, 14:15270
-Educational or training programs, 14:15322
-Emergency projects, 14:15269
-Enforcement, 14:15321
-Environmental protection actions, 14:15308
-Exceptions to categorical exemptions, 14:15300.2
-Existing facilities, 14:15301
-Family day care homes, 14:15274
-Feasibility and planning studies, 14:15262
-Financial assistance, low or moderate income
housing, 14:15267
-Hazardous waste or substance release prevention
or mitigation, 14:15330
-Historical resources
— Restoration or rehabilitation, 14:15331
— Transfers of ownership, 14:15325
-Housing acquisitions, housing assistance pro-
grams, 14:15326
-Housing for agricultural employees, 14:15279
-Housing needs allocation, 14:15283
-Hydroelectric projects, existing facilities,
14:15328
-In-fiU development projects, 14:15332
-Information collection, 14:15306
-Inspections, 14:15309
-Land
— Alterations, minor, 14:15304
ENVIRONMENTAL IMPACT
REPOmS-continued
Exempt projects-co/i/Z/u/ec/
-hand-continued
— Divisions, minor, 14:15315
— Use limitations, minor alterations, 14:15305
-Leasing new facilities, 14:15327
-Loans, 14:15310
-Local agency reorganizations, 14:15320
-Lower-income housing projects, 14:15280
-Mass transit projects, 14:15275
-Ministerial projects, 14:15268, 14:15300.1
-Miscellaneous statutory exemptions, 14:15282
-Natural resources protection actions, 14:15307
-New construction or conversion of small struc-
tures, 14:15303
-Notices, 14:15062
—Form, 14:15387 Appx. E
-Olympic games, 14:15272
-Ongoing projects, 14:15261
-Open space contracts or easements, 14:15317
-Open space preservation, transfers of ownership,
14:15325
-Out-of-state projects, 14:15277
-Parks, land ownership transfers, 14:15316
-Pipelines, 14:15284
-Preliminary reviews, 14:15061
-Public agency applications, 14:15300.4
-Public gathering facilities, 14:15323
-Public transit reductions, 14:15285
-Rates, tolls, fares, and charges, 14:15273
-Revisions to list, 14:15300.3
-Schools, minor additions, 14:15314
-Small habitat restoration projects, 14:15333
-Small structures, new construction or conversion,
14:15303
-Statutory exemptions, 14:15282
-Surplus government property sales, 14:15312
-Thermal power plants, early activities, 14:15271
-Timberland preserves, 14:15264
-Time extensions, 14:15266
-Transportation improvement and congestion man-
agement programs, 14:15276
-Waste discharge requirements, 14:15263
-Wilderness areas, designation, 14:15318
-Wildlife conservation, land acquisition, 14:15313
-Working condition regulations, 14:15324
Fish and game department
See FISH AND GAME DEPARTMENT
Forestry
-Program timber harvesting plans,
14:1092-14:1092.32
Hazardous waste facilities
-Statutory requirements, 14:15081.5
Hearings, 14:15202
Historical resources, 14:15064.5
Housing exemptions, 14:15191-14:15196
Lead agency, responsibility for preparation,
14:16000-14:16002
Litigation
-Conditional permits, 14:15233
-Document adequacy, 14:15231
-Hearing requests, 14:15232
-Time hmits and criteria, 14:15230
Logging operations
-Fish and wildhfe assessment, 14:1091.5
-Program timber harvesting plans,
14:1092-14:1092.32
Master reports, 14:15175-14:15179.5
Monitoring mitigation measures, 14:15097
National Environmental Policy Act (NEPA) com-
pliance, 14:15220-14:15229
-Applicability. 14:15220
-Circulation of documents, 14:15225
-Document precedence, 14:15221
-Federal agency consultations, 14:15223
-Federal agency noncooperation, 14:15228
-Joint activities, 14:15226
-Joint documents, 14:15222
-Military base reuse, baseline analysis, 14:15229
-State comments on federal projects, 14:15227
-Time limits, 14:15224
Negative declarations
-Addenda, 14:15164
ENVIRONMENTAL IMPACT
REPORTS-t-OHf/'/iHC^
Negative declarations-co/innwe*^
-Consideration and adoption, 14:15074
-Contents, 14:15071
-Decision to prepare, 14:15070
-Determination notices, approved projects,
14:15075
-Notice of intent to adopt, 14:15072
-Recirculation prior to adoption, 14:15073.5
-Review and evaluation, 14:15200-14:15209
—Pubhc review, 14:15073
-Subsequent reports, 14:15162
-Substitution of mitigation measures, 14:15074.1
-Time hmits
— Certain private projects, 14:15107
— Public reviews, 14:15105
Notices
-Completion notice
—Form. 14:15387 Appx. C
-Department of Defense, notification of,
14:15190.5
-Draft report, notice of completion, 14:15085
—Form, 14:15387 Appx. I
-Exempt projects, notice of exemption, 14:15062
—Form, 14:15387 Appx. E
-Final report, notice of determination, 14:15094
—Form, 14:15387 Appx. D
-Negative declarations
— Approved project, notice of determination,
14:15075
— Notice of intent to adopt, 14:15072
-Notice of preparation, 14:15082
—Form, 14:15387 Appx. I
Oil, Gas, and Geothermal Resources Division
-Consultation, 14:1683.1
-Evaluation, 14:1685
-Federal projects coordination, 14:1683
Paperwork reduction, 14:15006
Preparation, time of, 14:15004
Preparation and procedure
-Adequacy standards, 14:15151
-Administrative appeals, 14:15185
-Airports, projects near, 14:15154
-Burning of municipal waste projects, 14:15081.5
-Citations, 14:15148
-City or county consultation with water agencies,
14:15155
-Community plans, general plans, or zoning; con-
sistent with
— Streamlined review, 14:15183
-Completion notices form, 14:15387 Appx. C
-Consultations, 14:15083
-County consultation with water agencies,
14:15155
-Decisions to prepare, 14:15081
-Department of Defense notification, 14:15190.5
-Determination notices form, 14:15387 Appx. D
-Draft reports, 14:15084
— Certification, recirculation of draft reports prior
to, 14:15088.5
— Completion notices, 14:15085
Form, 14:15387 Appx. L
— Consultations, 14:15086
— Evaluations and responses of comments,
14:15088
—Public reviews, 14:15087, 14:15088.5
Time limits, 14:15105
—Recirculation of, 14:15088.5
-Earlier project reports, use of, 14:15153
-EIRs required by statute, 14:15081.5
-Emphasis, 14:15143
-Energy conservation, 14:15387 Appx. F
-Environmental checklist form, 14:15387 Appx. G
-Environmental information form, 14:15387 Appx.
H
-Final reports, 14:15089
—Approvals, 14:15092
—Certifications, 14:15090
— Determination notices, 14:15094
— Disposition, 14:15095
—Findings, 14:15091
— Mitigation monitoring or reporting, 14:15097
— Overriding considerations, 14:15093
TITLE 14 INDEX
ENVIRONMENTAL QUALITY ACT OF CALIFORNIA J 7
ENVIRONMENTAL IMPACT
BEPOmS-continued
Preparation and pmcedme-continued
-Flow chart, 14:15387 Appx. A
-Focused reports, 14:15179.5
— Pollution control equipment, 14:15188
-Forecasting, 14:15144
-Hazardous waste facilities, 14:15081.5
-Incorporation by reference, 14:15150
-Initial study, 14:15063
-Interdisciplinary approaches, 14:15142
-Litigation, 14:1 5230-14: 1 5233
-Master reports
— Applicability, 14:15175
— Contents, 14:15176
— Focused reports, 14:15179.5
— Limitations on use of, 14:15179
—Purpose, 14:15175
—Small projects, 14:15179.5
— Subsequent projects identified in, 14:15178
— Subsequent projects within scope of, 14:15177
-National Environmental Policy Act (NEPA) com-
pliance, 14:15220-14:15229
-New rules and regulations, effect, 14:15187
--Compliance with performance standard or treat-
ment, 14:15189
— Deadlines for compliance, 14:15190
— Focused EIR for pollution control equipment,
14:15188
-Notice of prepai-ation, 14:15082
-Page limits, 14:15141
-Plain language use, 14:15140
-Preapplication consultation, 14:15060.5
-Preliminary reviews, 14:15060
-Preparation notices
— Form, 14:15387 Appx. 1
-Process, 14:15080
-Publication in EIR Monitor, 14:15240
-Redevelopment projects, 14:15180
-Registered professional use, 14:15149
-Residential projects, specific plans, 14:15182
-Responsible agency duties, 14:15096
-Reviews, 14:15200-14:15209
— Comments
Adequate time, 14:15203
Failure to supply, 14:15207
Retention and availability, 14:15208
—Focus, 14:15204
—Hearings, 14:15202
— Projects consistent with community plans, gen-
eral plans, or zoning, 14:15183
— Public agencies, 14:15209
— Public participation, 14:15201
—Purpose, 14:15200
— Shortened Clearinghouse review, 14:15387
Appx. K
— Significance of projects, 14:15206
— State agencies, 14:15205
-School facilities, 14:15186
-Scope determinations, 14:15082
-Shortened clearinghouse review, 14:15387 Appx.
K
-Significant effects determination, 14:15064
— Archaeological and historical resources,
14:15064.5
— Mandatory findings, 14:15065
— Thresholds, 14:15064.7
-Specificity, 14:15146
-Speculafion, 14:15145
-State mandated local projects, 14:15184
-Technical details, 14:15147
-Tiering, 14:15152
—Form, 14:15387 Appx. J
-Time limits
—Adoption, 14:15100
— Application reviews, 14:15101
— Completion and certification of reports,
14:15108
— Federal involvement in projects, 14:15110
— Initial study determinations, 14:15102
— Meetings, 14:15104
— Preparation notice responses, 14:15103
— Public reviews, 14:15105
— Shortened Clearinghouse review, 14:15387
Appx. K
ENVIRONMENTAL IMPACT
REPOFfTS-continiied
Preparation and pwceduTe-continued
-Time Mnuis-continued
— Short periods for project approvals, 14:151 1 1
— Statute of limitations, 14:15112
— Suspensions, 14:15109
-Urban aieas, housing and neighborhood commer-
cial facilities, 14:15181
-Water agencies, city or county consultation with,
14:r5155
Rulemaking, effect, 14:15187-14:15190
San Francisco bay conservafion, 14:1 1520
San Francisco Bay Conservation and Development
Commission
-Adverse impact determination, 14:11511
-Appeals, 14:11550-14:11553
-Assessments
— Adverse impacts determinafion, 14:11511
— Appeals
Determination, 14:11553
Grounds, 14:11550
Hearings, 14:11552
Time limits, 14:11551
— Consultant use
Fees, 14:11532
Materials prepared, 14:11534
Notification of applicant, 14:11530
Relationship with Commission, 14:11533
Selection, 14:11531
—Contents, 14:11521
— Federal impact statement use, 14:11520
— Initial preparation, 14:11510
— Notification of need to prepare, 14: 1 1512
-Consultant use
—Fees, 14:11532
— Materials prepared, 14:11534
— Notification of applicant, 14:11530
— Relationship with Commission, 14:11533
—Selection, 14:11531
-Document review and comment, 14:11560
—Effect, 14:11561
-Federal impact statement use, 14:11520
-Ininal assessment preparation, 14:11510
-Notification of need to prepare, 14:11512
School facifities, 14:15186
Timberlands
-Program fimber harvesting plans,
14:1092-14:1092.32
ENVIRONMENTAL PROTECTION
Air
See AIR POLLUTION AND CONTROL
Califomia environmental quality act
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
Hazardous wastes
See HAZARDOUS WASTES
Landfills
See LANDFILLS
Oil and gas operations
See OIL AND GAS
Solid waste
See SOLID WASTE
Water
See WATER POLLUTION AND CONTROL
Wetlands
See WETLANDS
ENVIRONMENTAL PROTECTION AGENCY,
U.S.
Hazardous wastes, notification requirements
-Land disposal, 14:17258.24
ENVIRONMENTAL QUALITY ACT OF CALIFOR-
NIA
Agency responsibilities, 14:15020
-Authorities granted, 14:15040
— Approval despite significant effects, 14:15043
— Comments, 14:15044
— Disapproval, 14:15042
— Fee collection, 14:15045
— Mitigation, 14:15041
-Delegation, 14:15025
-Environmental damage minimization, 14:15021
-Implementation procedures, 14:15022
ENVIRONMENTAL QUALITY ACT OF CALI-
FO[W\A-continued
Amendments of regulations, 14:15007
Authority of regulations, 14:15000
Colorado River Board, 14:12000
-Applicability, 14:12004
-Definitions, 14:12003
-Participation, 14:12006
-Poficy, 14:12002
-Project evaluation, 14:12005
-Puipose, 14:12001
Definitions, 14:15350
-Applicant, 14:15351
-Approval, 14:15352
-Categorical exemption. 14:15354
-CEQA, 14:15353
-Cumulative impacts, 14:15355
-Decision-making body, 14:15356
-Discretionary project, 14:15357
-Effects. 14:15358
-Emergency, 14:15359
-Endangered species, 14:15380
-Environment, 14:15360
-Environmental documents, 14:15361
-Environmental impact report, 14:15362
-Environmental impact statement, 14:15363
-Feasible, 14:15364
-Initial study, 14:15365
-Jurisdiction by law, 14:15366
-Lead agency, 14:15367
-Local agency, 14:15368
-Ministerial, 14:15369
-Mitigated negative declaration, 14:15369.5
-MitigaUon, 14:15370
-Must, shall, should, and may, 14:15005
-Negauve declarafion, 14:15371
-Notice of completion, 14:15372
-Notice of determination, 14:15373
-Notice of exemption, 14:15374
-Notice of preparation, 14:15375
-Person, 14:15376
-Private project, 14:15377
-Project, 14:15378
-Public agency, 14:15379
-Rare species, 14:15380
-Responsible agency, 14:15381
-Significant effect on the environment, 14:15382
-State agency, 14:15383
-Substantial evidence, 14:15384
-Threatened species, 14:15380
-Tiering, 14:15385
-Trustee agency, 14:15386
-Urbanized area, 14:15387
Delays, reducing, 14:15006
Delta protection commission
See DELTA PROTECTION COMMISSION
ElRs
See ENVIRONMENTAL IMPACT REPORTS
Endangered species incidental take permits, com-
pliance, 14:783.3, 14:783.5
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Exemptions
-Accessory structures, 14:15311
-Air quality pernaits, 14:15281
-Annexations of facilities and lots for exempt facil-
ities, 14:15319
-Applicability, 14:15260, 14:15300
-Automofive plants, application of coatings,
14:15278
-Categorical exempUons, 14:15300-14:15331
—Definition, 14:15354
-Certified regulatory programs, 14:15250-14:15253
— Fish and game departinent, rulemaking proce-
dures, 14:777.5-14:777.9
-Coastal plans and programs, 14:15265
-Cogeneration projects at existing facilities,
14:15329
-Disapproved projects, 14:15270
-Educafional or training programs, 14:15322
-Emergency projects, 14:15269
-Enforcement actions, 14:15321
-Environmental protection acdons, 14:15308
-Exceptions to categorical exemptions, 14:15300.2
1^
ENVIRONMENTAL QUALITY ACT OF CALIFORNIA
CALIFORNIA CODE OF REGULATIONS
ENVIRONMENTAL QUALITY ACT OF CALI-
FORH\A-contiinied
Exempuons-coiiiinued
-Existing facilities, 14:15301
-Family day care homes, 14:15274
-Feasibility and planning studies, 14:15262
-Financial assistance, low or moderate income
housing. 14:15267
-Forestry Board. 14:1153
-Forestry Department, 14:1661-14:1662.9
-Hazardous waste or substance release prevention
or initigation, 14:15330
-Historical resources, 14:15331
— Transfers of ownership, 14:15325
-Housing assistance programs, housing acquisition,
14:15326
-Housing for agricultural employees, 14:15279
-Housing needs allocation, 14:15283
-Hydroelectric projects at existing facilities,
14:15328
-Information collection, 14:15306
-Inspections, 14:15309
-Land
— Minor alterations, 14:15304
Use limitations, 14:15305
— Minor divisions, 14:15315
-Leasing new facilities, 14:15327
-List revisions, 14:15300.3
-Loans, 14:15310
-Local agency organization changes, 14:15320
-Lower-income housing projects, 14:15280
-Mass transit projects, 14:15275
-Ministerial projects, 14:15268, 14:15300.1
-Miscellaneous statutory exemptions, 14:15282
-Natural resource protection actions, 14:15307
-Natural resources protection, 14:15307
— Forestry Department projects, 14:1662.6
-New construction or conversion of small struc-
tures, 14:15303
-Notices, 14:15062
—Form, 14:15387 Appx. E
-Oil, Gas, and Geothermal Resources Division,
14:1684
-Olympic games, 14:15272
-Ongoing projects, 14:15261
-Open space contracts or easements, 14:15317
-Open space preservation, transfers of ownership,
14:15325
-Out-of-state projects, 14:15277
-Parks, land ownership transfers, 14:15316
-Pipelines, 14:15284
-Preliminary project reviews, 14:15061
-Public agency applications, 14:15300.4
-Public gathering facilities, 14:15323
-Public transit reductions, 14:15285
-Rates, tolls, faies, and charges, 14:15273
-San Francisco Bay Conservation and Develop-
ment Commission, 14:11500, 14:11501
-Schools, minor additions, 14:15314
-Small structures, new construction or conversion,
14:15303
-Statutory exemptions, 14:15282
-Surplus government property sales, 14:15312
-Tahoe Conservancy, 14:12102-14:12102.25
-Thermal power plants, early activities, 14:15271
-Timberland preserves, 14:15264
-Time extensions, 14:15266
-Transportation improvement and congestion man-
agement programs, 14:15276
-Waste discharge requirements, 14:15263
-Wilderness areas, designation, 14:15318
-Wildlife conservation, land acquisition, 14:15313
-Working condition regulations, 14:15324
Expertise areas of state departments, 14:15387
Appx. B
Fees, 14:753.5
Fish and Game Department
-Authority, 14:750
-Certified regulatory programs, rulemaking proce-
dures, 14:777.5-14:777.9
-Contact person designation, 14:781
-Exempt projects, 14:757
-Fees, 14:753.5
-Initial studies, 14:758
ENVIRONMENTAL QUALITY ACT OF CALI-
FORfilA-continued
Fish and Game Dcpanment-continued
-Lead agency responsibilities, 14:755
-Policy, 14:753
-Project applicability, 14:756
-Purpose, 14:752
-Regulation procedure, 14:781.5
-Review procedures, 14:778-14:781.5
-Short title, 14:751
Forestry Board
-Rulemaking
— Categorical exemptions, 14:1153
— Ministerial projects, 14:1152
— Procedures, 14:1150
— State guidelines incorporation, 14:1151
Forestry Department
-Definitions, 14:1660
-Exemptions, 14:1661-14:1662.9
-Private service contracts, 14:1663-14:1663.9
— Advertisements for, 14:1663.2
— Definitions, 14:1663.1
— Estimates, 14:1663.5
—Negotiations, 14:1663.6-14:1663.8
— Purpose, 14:1663
— Selection criteria, 14:1663.3-14:1663.4
— Small businesses, 14:1663.9
-Program timber haivesting plans,
14:1092-14:1092.32
General concepts, 14:15002
Lead agency
-Concept, 14:15050
-Designation requests, 14:16014
-Dispute resolution, 14:15053
-Identification, 14:15051
-Shift in designation, 14:15052
Negative declarations
See ENVIRONMENTAL IMPACT REPORTS
Notices
-Exemptions, 14:15062
Off-highway motor vehicle recreation grants and
cooperative agreements program, compliance,
14:4970.15
-Applications received after Jan. 1, 2006,
14:4970.49-14:4970.72
Oil, Gas, and Geothermal Resources Division
-Decision making body defined, 14:1681.1
-Delegation of responsibilities, 14:1683.6
-Discretionary projects, 14:1683.2
-Exempt projects, 14:1684-14:1684.2
-Geothermal exploration, 14:1681.4
— Applications, 14:1682
— Delegation of lead agency responsibilities,
14:1683.7
— Lead agency time limits, 14:1682.1
-Responsible agency time limits, 14:1683.5
-Scope of regulations, 14:1681
Paperwork reduction, 14:15006
Planning and Research Office
-Authority, 14:16000
-Dispute submissions, 14:16011, 14:16012
— Administrative record, 14:16040
—Definitions, 14:16010
— Designations, 14:16020
Findings, 14:16021
Form, 14:16022
Requests, 14:16014
— Final decision, 14:16041
— Hearings
Applicability, 14:16030
Findings, 14:16035
Presentations, 14:16033
Presiding officer, 14:16031
Proceedings, 14:16032
Sunmiaries, 14:16034
— Public agency consultations, 14:16013
— Statement of contentions, 14:16015
Distribution, 14:16016
-Pohcy, 14:16002
-Purpose of rules, 14:16001
-Responsibilities, 14:15023
PoUcies, 14:15003
Preparation of documents, timing, 14:15004
Process, flow chart, 14:15387 Appx. A
ENVIRONMENTAL QUALITY ACT OF CALI-
FOf\N\A-continued
Puiposes. 14:15002
Resources Agency
-Secretary's duties, 14:15024
San Francisco Bay Conservation and Development
Commission
-Environmental fees
--Basic fee, 14:11540
— Consultant fees, 14:11542
— Exceptions, 14:11543
— Payment time, 14:11544
— Preparation fees, 14:11541
-Exemptions
—Categorical, 14:11501
— Statutory, 14:11500
Short title of regulations, 14:15001
Tahoe Conservancy
-Exemptions, 14:12102-14:12102.25
-Purpose and authority, 14:12100
-State guideline incorporation, 14:12101
Terminology, 14:15005
Threatened species incidental take pernuts, compli-
ance, 14:783.3, 14:783.5
Urban open -space and recreation grants
-Compliance requirements, 14:4933
ENVIRONMENTAL SERVICES
Coastal conservancy contracts, 14:13870-14:13893
See also COASTAL CONSERVANCY, subhead-
ing: Contracts for private services
Integrated waste management board contracts,
14:17020-14:17029
Parks and recreation department contracts,
14:4725-14:4736
See also PUBLIC WORKS, subheading: Archi-
tects, engineers, etc., contracting with
EROSION CONTROL
Chaparral management program, 14:1569.4
Coastal development permits
-Repair and maintenance activities, 14:13252
Forest improvement program, 14:1545.3
Logging operations
-Alternative practices
— Coast Forest District, 14:914.9
— Northern Forest District, 14:934.9
— Southern Forest District, 14:954.9
-Hazard rating estimation
— Coast Forest District, 14:912.5
— Northern Forest District, 14:932.5
— Southern Forest District, 14:952.5
-Licensing, 14:1022.3
-Monterey County rules, 14:965.9
-Santa Cruz County rules, 14:926.19
-Timber harvesting plans, 14:1050, 14:1051
-Waterbreaks
— Coast Forest District, 14:914.6
— Northern Forest District, 14:934.6
— Southern Forest District, 14:954.6
-Watercourse protection
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southern Forest District, 14:956.7
Mining and reclamation, 14:3706
-Minimum acceptable practices, 14:3503
ESCORT VEHICLES
Oil tankers
See OIL AND GAS, subheading: Tank vessels
ESTELLE MOUNTAIN ECOLOGICAL RESERVE,
14:630
ESTUARIES
Local coastal development permit programs
-Delineation of ports, 14:13610
Oil spill cleanup agents, use of, 14:886.1
ETHICS
See CONFLICT OF INTEREST
EULACHON
Bag and possession provisions, 14:5.10
EVALUATIONS
See generally ENVIRONMENTAL IMPACT
REPORTS; INSPECTIONS
TITLE 14 INDEX
FIRE PREVENTION 19
EVIDENCE
Coastal Coinmission perinit hearings, 14:13065
Delta Protection Commission, appeals from local
government decisions, 14:20010
Fish and game
-Revocation or suspension of license or permit
hearings, 14:746
EXAMINATIONS
See TESTING
EXCAVATION
See also MINES AND MINING
Asbestos containing waste, disposal sites,
14:17897.21
EXEMPTIONS
See specific topic of regulation
EX PARTE COMMUNICATIONS
Delta Protection Commission, appeals from local
government decisions, 14:20013
San Francisco Bay Conservation and Development
Commission, 14:10280-14:10289
EXPLOSIVES
Landfill control methods, 14:17258.23
Logging operations, fire safety
-Coast Forest District, 14:918.7
-Northern Forest District, 14:938.7
-Southern Forest District, 14:958.7
Methane, landfill control methods, 14:17258.23
Ocean, 14:225.1
Restricted use in State waters, 14:225
-Exemptions, 14:225.1
Wastes
See generally HAZARDOUS WASTES
EXPORTS
Endangered species, prohibitions, 14:783.1
Threatened species, prohibitions, 14:783.1
PAGAN MARSH ECOLOGICAL RESERVE,
14:630
PAGAN MARSH STATE MARINE PARK, 14:632
FALCONRY
American crow hunting, 14:485
Breeding of captive raptors, 14:678
Domesticated migratory game bird shooting areas,
14:600.4
Game birds, hunting of, 14:300
Migratory game bird hunting, 14:507
Practice of, provisions, 14:670
Raptor breeding, 14:678
FALCONS, PEREGRINE
Nest site protection
-Logging operations in coast forest district,
14:919.3
FARALLON ISLANDS STATE MARINE CON-
SERVATION AREA, 14:632
FARMING
See AGRICULTURE
FARM LABOR HOUSING
Environmental Quality Act exemptions, 14:15279
FARNSWORTH BANK ECOLOGICAL
RESERVE, 14:630
FARNSWORTH BANK STATE MARINE CON-
SERVATION AREA, 14.632
FAY CANYON WILDLIFE AREA
Public use activities, 14:550
FAY SLOUGH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
FEASIBILITY STUDIES
Environmental impact reports
FEASIBILITY STUDIES-conmii/erf
Environmental impact repons-continued
-Exempt projects, 14:15262
Waterway construction loans, 14:5103
FEATHER RIVER
Fishing, Bay-Delta Sport Fishing Enhancement
Stamp, 14:1.18
Maidu Indian Tribe, ceremonial fishing, 14:8.20
Wildlife area
-Hunting, firearms, and archery equipment use,
14:551
-Public use activities, 14:550
FEDERAL CLEAN WATER ACT
Logging operations in listed watersheds
-Coast Forest District, 14:916.12
-Northern Forest District, 14:936.12
-Southern Forest District, 14:956.12
FEDERAL ENDANGERED SPECIES ACT
Northern spotted owls, timber harvesting plans,
14:898.2
FEDERALLY OWNED LANDS
Hunting, requirements, 14:551, 14:552
Military lands
-Fish and wildlife management, 14:640
FEES
Animals, importation, transportation, and posses-
sion of restricted species, 14:671.1
Beverage containers, recycling handling fees,
14:2516-14:2519
-Payments, 14:2990-14:2997
Camping in parks, 14:4453
Environmental impact reports
-Consultants, 14:11532
-Fish and game department, 14:753.5, 14:768
Environmental Quality Act of California
-Agency authority to collect, 14:15045
-Fish and Game Department, 14:753.5
Facility use, parks and recreation, 14:4302
Fish and game
-Environmental impact report fees, 14:753.5,
14:768
-Hunting licenses and permits, 14:702
-License and permit fees, 14:699
— Herring permit transfers, 14:163.1
— Lake/streambed alterations, 14:699.5
-Sportfishing, 14:701
Geothermal energy
-Drilling, 14:1932-14:1933.4
Hunting license and permit fees, 14:699
Land conservation contract cancellations, waivers,
14:14125
Landfill loan guarantee applications, 14:18408
Oil and gas
-Oil spill cleanup agents, license application fee,
14:885.2
-Unit operation petitions, 14:1830
Recycling
-Beverage containers, handling fees,
14:2516-14:2519
— Payments, 14:2990-14:2997
-Loans for market development, 14:17934.3
-Processing fees, 14:2945-14:2985
Shooting clubs, game bird, 14:600
Surface mines, 14:3695-14:3699
Timber operator licenses, 14:1025
FELONIES
Registered Professional Foresters, 14:1613
FENCES
Oilfields, 14:1778
FIELD CROPS
See AGRICULTURE
FIELD TRIPS
San Francisco Bay conservation and development
projects
-Public notice, 14:10412
FILM MAKING
Parks and recreation, 14:4316
FINANCIAL ASSURANCES
Municipal solid waste landfills, corrective action
program, 14:17258.73
FIN ANCIAL ASSURANCES-*^ o/7///(Merf
Reclamation
-Appeals, 14:3680-14:3690
-Surface mine, 14:3800-14:3806.5
Waste tire facilities, closure and postclosure main-
tenance, 14:18470-14:18482
FINES
See PENALTIES
FIREARMS
See GUNS
FIRE EXTINGUISHERS
See also FIRE PREVENTION
Boating requirements, 14:6569-14:6573
FIRE PREVENTION
Boating requirements
-Backfire flame control, 14:6574
-Liquefied natural gas use, 14:6576
-Ventilation systems, 14:6575-14:6575.7
Cal-Expo rules, 14:4953
Campfire permit requirements, 14:1402
Cooperative fire protection contracts, 14:1260
-Agreement administration, 14:1262
-Personnel assignment and cost apportionment,
14:1261
Electric poles, towers, conductors
-Firebreak clearances, 14:1250-14:1258
Engines, multiposition small
-Definition, 14:1240
-Forest use
— Comphance requirements, 14:1241.2, 14:1242.1
— Performance standards, 14:1241, 14:1242
— Test procedures, 14:1241.1, 14:1242
Explosives
See EXPLOSIVES
Firebreaks
-Applicability
— Locations, 14:1252
— Time periods, 14:1253, 14:1258 Fig. 2
-Definitions, 14:1251
— Outer circumference, 14:1258 Fig. 1
-Maps, 14:1252.1
— Boundary locations, 14:1252.2, 14:1252.3
-Minimum clearance, 14:1254, 14:1256, 14:1258
Fig. 3, 14:1258 Fig. 4
— Exemptions, 14:1255, 14:1257
-Purpose of rules, 14:1250
-Tree lines, 14:1258
Forest improvement program, 14:1545.4
Forest product waste disposal
-Applicability, 14:1300
-Roads and access, 14:1302
Forests
See also FORESTRY, subheading: Fire protection
-Campfire permits, 14:1402
-Hazard severity zones, 14:1280
-Smoking restrictions, 14:1426
Hazardous fire areas
-Anderson Woodlands, 14:1203.3
-Bear Mountain, 14:1204
-Beaver Ridge-Bear River, 14:1204.6
-Big VaUey, 14:1203.5
-Collins Almanor Forest-Diamond International,
14:1203.2
-Copper Peak, 14:1204.1
-DeLuz-Tenaja, 14:1206
-Diamond Intemational No. 1, 14:1203
-Diamond Intemational No. 2, 14:1203.1
-Eastern Tulare, 14:1204.4
-Harvey, 14:1203.7
-Jamesburg, 14:1205.1
-Kings, 14:1204.3
-LaGloria, 14:1205.2
-Lake Almanor, 14:1203.6
-Lily Gap-White Pines, 14:1204.7
-Los Padres Boundary, 14:1205.6
-Mokelumne, 14:1204.8
-Pacheco, 14:1205.3
-Petition procedure, 14:1200
-Pondosa, 14:1203.4
-Quien Sabe-Los Muertos, 14:1205
-Quincy Watershed, 14:1203.8
-San Francisco Peninsula Watershed, 14:1205.4
20
FIRE PREVENTION
CALIFORNIA CODE OF REGULATIONS
FIRE PREyJENTiON-continiied
Hazardous fire arcas-eontimted
-San Mateo, Santa Cruz, and Santa Clara Counties,
14:1205.5
-Silver Fork, 14:1204.9
-Sly Park-Alder Creek, 14:1204.10
-Viola, 14:1203.9
-Western Fresno, 14:1204.3
-Whitmore-Panther Creek, 14:1204.5
Logging operations
-Blasting and welding
— Coast Forest District, 14:918.7
— Northern Forest District. 14:938.7
— Southern Forest District, 14:958.7
-Cable block requirements
— Coast Forest District, 14:918.10
— Northern Forest District, 14:938.10
— Southern Forest District, 14:958.10
-Cooking and warming fires
— Coast Forest District, 14:918.5
— Northern Forest District, 14:938.5
— Southern Forest District, 14:958.5
-Fire plan contents
— Coast Forest District, 14:918.2
-Inspection for fire after felling cessation
— Coast Forest District, 14:918.8
— Northern Forest District, 14:938.8
— Southern Forest District, 14:958.8
-Passable roads
— Coast Forest District, 14:918.3
— Northern Forest District, 14:938.3
— Southern Forest District, 14:958.3
-Safety procedures posting
— Coast Forest District, 14:918.6
— Northern Forest District, 14:938.6
— Southern Forest District, 14:958.6
-Smoking and match restrictions
— Coast Forest District, 14:918.4
— Northern Forest District, 14:938.4
— Southern Forest District, 14:958.4
-Suppression resource inventory
— Coast Forest District, 14:918.1
— Northern Forest District, 14:938.1
— Southern Forest District, 14:958.1
Offshore oil and gas wells, 14:1747.5
-Gas detection systems, 14:1747.6-14:1747.8
Parks and recreation areas
-Smoking, 14:4311
-Stove fires, 14:4311
Railroad rights-of-way
-Abatement order, 14:1295
-Appficability, 14:1290
-Compliance order, 14:1294
-Definitions, 14:1292
-Fire protection agreements, 14:1291
-Minimum standards, 14:1293
Smoking
See generally SMOKING
Solid waste transfer/processing operations and
facilities
-Burning wastes, 14:17407.1
-Fire fighting equipment, 14:17415.2
State forests
See Forests, this heading
State responsibiUty areas, 14:1220,
14:1270-14:1276.03
-Annual maintenance, 14:1272.00
-Appeals, 14:1270.09
-Buildings and structures
—Addresses, 14:1274.08-14:1274.10
— Defensible space, 14:1299
-County assumption, 14:1658
-Definitions, 14:1271.00
-Distance measurements, 14:1271.05
-Emergency access, 14:1273.00-14:1273.11
— Bridges, one-way, 14:1273.07
—Dead end roads, 14:1273.09
—Driveways, 14:1273.10
— Gate entrances, 14:1273.11
— One way roads, 14:1273.08
—Road grades, 14:1273.03
—Road radius, 14:1273.04
— Road structures, 14:1273.07
—Road surfaces, 14:1273.02
FIRE PREVENTION-co^;;///wefl'
State responsibility WiCas-continiied
-Emercency ricccss-contimied
—Road width, 14:1273.01
—Turnarounds, 14:1273.05
—Turnouts, 14:1273.06
-Exceptions, 14:1270.07
—Requests for, 14:1270.08
-Fuel modification standards,
14:1276.00-14:1276.03
--Disposal of flaiTunable vegetation and fuels.
14:1276.02
--Greenbelts, 14:1276.03
—Intent, 14:1276.00
—Setbacks of buildings, 14:1276.01
-Inspections, 14:1270.05-14:1270.06
-Local jurisdiction procedures, 14:1270.04
-Local ordinances, 14:1270.03
-Purpose and scope, 14:1270.01-14:1270.02
-Road signs, 14:1274.00-14:1274.07
—Height, 14:1274.03
— Intersections, 14:1274.05
—Legibility, 14:1274.02
— Names and numbers of streets, 14:1274.04
—Purpose, 14:1274.00
— Size of letters, numbers and symbols,
14:1274.01
—Time of installation, 14:1274.07
— Traffic access limitations, 14:1274.06
—Visibility, 14:1274.02
-Water supply, 14:1275.00-14:1275.20
— Applicability of regulations, 14:1275.01
—Fire valve, 14:1275.15
—Hydrant, 14:1275.15
--Intent, 14:1275.00
—Standards, 14:1275.10
— Water source identification, 14:1275.20
Tire storage and disposal facilities, 14:17351
FIRES
Solid waste, emergency waiver of standards,
14:17210-14:17210.9
FIRE SAFETY
See FIRE PREVENTION
FIREWORKS
Parks and recreafion areas, 14:4314
FISH AND GAME
See also FISHING; HUNTING
Amphibians
See AMPHIBIANS
Aquaculture
See AQUACULTURE
Camping
-Wildlife watering area restrictions, 14:730
Commission
See also FISH AND GAME DEPARTMENT
-Environmental Quality Act, implementation,
14:750-14:781
Crustaceans
See CRUSTACEANS
Ecological reserve provisions, 14:630
Endangered and threatened animals/fish, 14:670.5
Federally-owned lands
-Military lands
— Management, 14:640
Fees
-Licenses and permits, 14:699-14:699.5
— Lake/streambed alterations, 14:699.5
Field collecting
-Beaver and bear taken from refuge, 1 4:656
-Scientific or educational use
— Commercial operations
Amphibians and reptiles, 14:651
Bullfrogs, 14:658
— Endangered and threatened animals, 14:670.7
— Permits, 14:650
— Protected species permits, 14:654
Fishing
See FISHING
Frogs
See BULLFROGS; FROGS
Fur dealers licenses, 14:696
Habitat restoration, CEQA exemption of small
projects, 14:15333
FISH AND GAME-continiied
Importation, transportation, and possession restric-
tions, 14:671
Invertebrates
See INVERTEBRATES
Licenses and permits
-Apphcation procedure, 14:705
-Automated license data system, 14:700.4-14:700.5
-Fees, 14:699-14:699.5, 14:702
— Lake/streambed alterations, 14:699.5
-Issue date, 14:707
-Possession requirements, 14:700
-Revocation or suspension, 14:746
-Vahdation, 14:706
Mollusks
See MOLLUSKS
Oil sump hazards to wildlife, 14:740
Reptiles
See REPTILES
Taxidermy provisions, 14:695
Threatened species
See THREATENED SPECIES
FISH AND GAME COMMISSION
Annual report on status of fish and wildlife
resources, 14:660.1
Election of officers, 14:660
Environmental Quality Act, implementation,
14:750-14:781
FISH AND GAME DEPARTMENT
Civil penalties
-Definitions, 14:747
-Purpose, 14:747
-Revocation or suspension of license or permit
— Amended or supplemental complaint after sub-
mission of case, 14:748
— Amended or supplemental complaint before sub-
mission of case, 14:748
—Appeal, 14:748
— Burden of proof, 14:748
—Complaint, 14:748
— Decision consideration, 14:748
— Discovery, 14:748
—Hearing, 14:748
—Notice, 14:748
— Prehearing conference, 14:748
-Scope, 14:747
Conflict of interest code, 14:782
Contracts for architectural, engineering, surveying,
and construction services, 14:789.0-14:789.6
-Amendments, 14:789.5
-Announcement of project, 14:789.2
-Conflicts of interest, 14:789.4
-Contracting in phases, 14:789.6
-Definitions, 14:789.0
-Negotiation of contract, 14:789.3
-Selection of firms, 14:789.1, 14:789.3
Environmental certified regulatory programs,
14:777.5-14:777.9
-Evaluation and adoption of proposed regulations,
14:777.8
-Initial statement of reasons
— Circulation of, 14:777.7
— Contents, 14:777.6
-Notices, 14:777.7
—Decision, 14:777.9
-Purpose, 14:777.5
-SoHcitation of comments, 14:777.7
Environmental impact reports, 14:750-14:781.5
-Authority, 14:750
-Conflict of interest code, 14:782
-Contact person designation, 14:781
-Contents, 14:765
-Decision, 14:764
-Determination notice, 14:776
-Disapproval based on findings, 14:773, 14:774
-Draft review, 14:780
-Exempt projects, 14:757
-Fees, 14:753.5, 14:768
-Final report, 14:771
— Filing with local planning agencies, 14:777
— Processing, 14:773
— Review, 14:772
-Initial studies, 14:758
TITLE 14 INDEX
FISHING
21
FISH AND GAME DEPAmMEnY-contimied
Environmental impact repons-continued
-Lead agency responsibilities, 14:755
-Negative declarations
— Determination notice, 14:762
— Preparation and filing, 14:759
— Public notice of preparation, 14:761
— Review procedures. 14:760, 14:763, 14:780,
14:780.5
-Overriding considerations. 14:775
-Policy, 14:753
-Preparation procedure, 14:766
-Processing of final report, 14:773
-Project applicability, 14:756
-Purpose, 14:752
-Regulation procedure, 14:781.5
-Review procedures, 14:754, 14:778-14:781.5
— Draft review, 14:780
— Final review, 14:772, 14:780.5
— Projects affecting natural resources held in pub-
lic trust, 14r779.5
— Staff review, 14:767
— State, federal, and public review, 14:770
-Secretary for resources, advanced notice, 14:769
-State guidelines incorporation, 14:752
Environmental Quality Act fees, 14:753.5, 14:768
Oil spill cleanup agents, use of, 14:886.1
Rulemaking, environmental certified regulatory
programs, 14:777.5-14:777.9
Waters of interest
-Construction plan submission requirements,
14:720
-Temporary reduction of flows from Grizzly Val-
ley Dam for eradication of Northern Pike,
14:721
FISH AND WILDLIFE SERVICE, U.S.
Incidental taking permit for northern spotted owls,
14:919.9, 14:939.9
FISHERIES
See FISHING, subheading: Commercial opera-
tions
Aquaculture
See AQUACULTURE
FISHERS
Hunting prohibition, 14:460
FISH HATCHERIES
See AQUACULTURE
FISHING
Anadromous waters, defined, 14:1.04
Artificial barriers, 14:225.5
Authorization for taking fish, 14:1.14
Bag and possession limits, 14:1.47
-Barrett and Upper Otay Lakes, San Diego County,
14:2.08
-List of waters with special fishing regulations,
14:7.50
-Sdmon, 14:7.00
-Trout, 14:7.00
Bav-Delta Sport Fishing Enhancement Stamp,
'l4:1.18
Closures, 14:150.06
-Special provisions, 14:1.47
Commercial operations
-Abalone, 14:100
-Activity records, 14:190-14:195
-Anchovies
— Permit requirements for reduction processes,
14:147
-Barracuda imports from Mexico, inspection clear-
ance, 14:109
-Brine shrimp, trawling in Mono Lake, 14:120.5
-Broadbill swordfish, 14:107
-Catfish, importation prohibitions, 14:171
-Coastal pelagic species, 14:159
-Crayfish, 14:116
-Dungeness crab
— Cooked, closed season restrictions, 14:133
— Importation of live, cooked, whole, or cracked,
14:132
-E:^perimental gear loan program,
14:13850-14:13868
-Finfish trap construction, 14:180.4
F\SHmG-L:ontimied
Commercial operations-co/;f//jw<?<y
-Freshwater or inland fish
— Perinit requirements, 14:226.7
-Gear restrictions
— Drift gill net use
Sharks and swordfish, 14:106
— Gill or trammel nets, 14:174
—Traps, 14:180-14:180.5
— Trawl fishing activity records, 14:176
— Trawl net use inside Golden Gate Bridge,
14:119
— Trawl or drag nets, 14:172
-Groundfish, 14:189
-Herring
— Harvesting, 14:163
— Permits
Eggs, 14:164
Penalties for violations, 14:163.5
Requirements, 14:163
Transfers, 14:163.1
-Importation
— Barracuda, inspection clearance, 14:109
— Catfish, prohibitions, 14:171
— Dungeness crabs, live, cooked, whole, or
cracked, 14:132
—Salmon, 14:166
—Sardines, 14:157
—Shad, 14:135
— Steelhead trout, 14:135
— Striped bass, 14:135
— Sturgeon, 14:135
— Yellowtail, inspection clearance, 14:109
-Invertebrates, tidal, 14:123
-Kelp bass, importation for sale, 14:105
-Landing California-caught fish outside California,
14:105.1
-Live freshwater bait fish licenses
— Application procedure, 14:200
— Requirements, 14:200.11
— Retail live bait outlets, 14:200.12
— Sale and transfer prohibited, 14:200.10
—Sources, 14:200.29
—Species allowed, 14:200.13
— Species prohibited, 14:200.31
-Lobsters
— Closed season restrictions, 14:121
— Permits, 14:122
— Size verification, 14:121.5
-Marine aquaria receivers hcenses, 14:188
-Market fish, common names, 14:103
-Mussels, limits, 14:115
-Nearshore fisheries
— Bycatch permits, 14:150.05
— Control dates
Deeper neaishore species, 14:150.02
Gear endorsement program, 14:150.03,
14:150.04
—Defined, 14:1.90
—Permits, 14:150, 14:150.01
— Restricted access, 14:150
-Nearshore fish stocks, 14:150.16
—Defined, 14:1.90
— Hooks, limits, 14:150.17
-Observers, state and federal, cooperation with,
14:105.5
-Pismo clams, importation, 14:110
-Prawns
— Restricted access trap fishery, 14:180.3
— Spot prawns, traps, 14:180.1
—Trawling, 14:120, 14:120.3, 14:120.4
-Recordkeeping requirements, 14:190
-Rock crab, 14:125
-Salmon
— Importation, 14:166
— Permit violation penalties, 14:167
—Restrictions, 14:182, 14:182.1
— Vessel permit requirement, 14:183
-Sampling methods, 14:146
-Sand bass, importation for sale, 14:105
-Sardines
— Importation, 14:157
— Live bait taking, 14:158
-Sea urchins, 14:120.7
FlSHmG-contiiuied
Commercial opcrauons-continued
-Shrimp
— Brine shrimp, trawling in Mono Lake, 14:120.5
— Powered equipment restrictions, 14:120.6
—Trawling, 14:120, 14:120.01
-Spotted bass, importation for sale, 14:105
-Squid, 14; 149
— Experimental vessel permits, 14:149.3
— Restricted access, 14:149.1
-Surfperch, 14:112
-Swordfish, restrictions on gill net use, 14:107.1
-Tanner Crab, 14:126
-Traps, 14:180-14:180.5
-Waste of fish prevention, 14:142
-Weight conversion factors for computing landing
tax, 14:187
-White croaker
— Closure of waters, 14:104
— Prohibitions, 14:104
-White seabass, 14:155
— Gill net mesh size, 14:155.10
— Purse seine and roundhaul nets, use of,
14:155.05
-Yellowtail imports from Mexico, inspection clear-
ance, 14:109
Computer assisted remote fishing, 14:2.45
Contests offering prizes for game fish take, per-
mits, 14:230
Dams, fishways, screens, and egg-taking stations,
restrictions on take, 14:2.35
Day defined, 14:3.00
Definitions, 14:1.04-14:1.93
-Anadromous waters, 14:1.04
-Angling, 14:1.05
-Artificial fly, 14:1.08
-Artificial lure, 14:1.11
-Bag and possession limit, 14:1.17
-Barbless hook, 14:1.19
-Black bass, 14:1.20
-Bullfrog, 14:1.24
-Bullhead, 14:1.26
-Catfish, 14:1.29
-Chumming, 14:1.32
-Closed season, 14:1.38
-Closed waters, 14:1.35
-Colorado River District, 14:6.37
-Computer assisted remote fishing, 14:2.45
-Dates, 14:1.41
-Dip net, 14:1.42
-Federal groundfish and rockfish, cabezon and
greenling (RCG) complex, 14:1.91
-Finfish, 14:1.46
-Fishery management plans, 14:50.01
-Gear
—Artificial fly, 14:1.08
— Artificial lure, 14:1.11
— Barbless hook, 14:1.19
—Dip net, 14:1.42
—Gill nets, 14:1.48
—Lures, 14:1.60-14:1.61
— Multiple hook, 14:1.65
— Trammel net, 14:1.85
-Gill nets, 14:1.48
-Highly migratory species, 14:1.49
-Hours, 14:3.00
-Inland waters, 14:1.53
-Lakes, 14:1.56
-Lakes and streams, dividing line, 14:1.44
-Limits, 14:1.59
-Lures, 14:1.60-14:1.61
-Maximum size, 14:1.62
-Methods
—Angling, 14:1.05
— Chumming, 14:1.32
— Spearfi.shing, 14:1.76
-Minimum size, 14:1.62
-Nearshore fishery management plans, 14:52.01
-Nearshore fish stocks, fisheries, and waters,
14:1.90
-North Central District, 14:6.32
-North Coast District, 14:6.31
-Ocean and San Francisco Bay District, 14:27.00
-Open season, 14:1.68
22
FISHING
CALIFORNIA CODE OF REGULATIONS
F\SH\NG-con tin lied
DefimUons-continuecl
-Public pier, 14:1.88
-Rockfish. Cabezon and Greenling (RCG) com-
plex. 14:1.91
-Sacramento-San Joaquin River Delta, 14:1.71
-Salmon, 14:1.73
-Shallow nearshore rockfish, 14:1.90
-Siena District, 14:6.35
-South Central District, 14:6.33
-Southern District, 14:6.34
-Streams, creeks, rivers, 14:1.72
-Sunfish, 14:1.77
-Take, 14:1.80
-Trammel net, 14:1.85
-Transgenic, 14:1.92
-Trout, 14:1.86
-Valley District, 14:6.36
-Weight, 14:1.93
Destruction of harmful species in private waters
-Permit requirements, 14:226.5
District boundary waters, opening date and bag
limits, 14:1.70
Explosives use in state waters, 14:225
-Exemptions, 14:225.1
Finfish
-Bag and possession provisions for lagoons and
tidal waters, 14:5.45
-Defined, 14:1.46
-Trap construction, 14:180.4
Fishery management plans, 14:50.00-14:52.10
-Amendments, 14:50.02
-Applicability, 14:50.00
-Definitions, 14:50.01
-Framework review processes, 14:50.03
-Location of rules, 14:50.00
-Market squid, 14:53.00-14:53.03
-Nearshore plans, 14:52.00-14:52.10
-Weight designation, 14:50.00
-White seabass, 14:51.00-14:51.05
Gaffs, 14:2.06
Gear
See also Methods, this heading; NETS
-Bow and arrow tackle
— Attachment line requirement, 14:1.23
-Definitions
See Definitions, this heading
-Illegal, 14:2.09
-Lights, 14:2.15
Hooks and weights, 14:2.10
Hours, 14:3.00
Indian ceremonial fishing in Feather River, 14:8.20
Inland waters
-Bag and possession provisions
— American shad, 14:5.65
—Black bass, 14:5.00
—Bullhead, 14:5.15
— Candlefish, 14:5.10
—Catfish, 14:5.15
— Corvina, Salton Sea, 14:5.25
— Crappie, 14:5.30
— Eulachon, 14:5.10
— Grass carp, 14:5.37
— Green Sturgeon, 14:5.81
—Gulf Croaker, Salton Sea, 14:5.26
— Lamprey, 14:5.40
— Mountain whitefish, 14:5.50
— Northern pike, 14:5.51
—Protected fish, 14:5.93
— Salmon and trout, 14:7.00
— Sargo, Salton Sea, 14:5.26
— Striped bass, 14:5.75
—Sturgeon, 14:5.80, 14:5.81
—Sunfish, 14:5.82
— Tilapia, 14:5.82
—White bass, 14:5.90
—White Sturgeon, 14:5.80
-Bait, 14:4.00-14:4.30
-Bait fish
— Capture methods, 14:4.05
— Colorado River District, use in, 14:4.15
— North Central District, use in, 14:4.25
— North Coast District, use in, 14:4.30
— Sierra District, use in, 14:4.30
F\SH\NG-continiied
Inland v/alcrs-contiimed
-Bait f\sh~continued
— South Central District, use in, 14:4.20
— Southern District, use in, 14:4.10
— Valley District, use in. 14:4.20
-Fees for lake or streambed alteration projects,
14:699.5
-General regulations by district, 14:7.00
-Open seasons, 14:7.50
— Low-flow restrictions, 14:8.00
— Salmon and trout, 14:7.00
-Salmon, 14:7.00, 14:7.50
— Hoopa and Yurok Indian possession limits,
14:5.86
— Low-flow restrictions, 14:8.00
-Sierra District, definition, 14:6.35
-Special regulations, alphabetical list, 14:7.50
-Species not listed, provisions, 14:5.95
-Trout, 14:7.00, 14:7.50
— Low-flow restrictions, 14:8.00
Lagoons and tidal waters
-Bag and possession provisions
— Marine fin fish, 14:5.45
License suspension or revocation, 14:745.5, 14:746
Live fish, transport prohibited, 14:1.63
Maidu Indian Tribe, ceremonial fishing in Feather
River, 14:8.20
Methods
See also Gear, this heading
-Bow and arrow restrictions, 14:2.25
-Chumming
— Restrictions, 14:2.40
-Computer assisted remote fishing, 14:2.45
-Gaffs, 14:2.06
-General provisions, 14:2.00
-Hooks and weights, 14:2.10
-Ice fishing, 14:2.20
-Illegal gear, 14:2.09
-Number of lines and hooks, 14:2.00
-Spearfishing restrictions, 14:2.30
-Special provisions
— Barrett and Upper Otay Lakes, San Diego
County, 14:2.08
—Lake County, 14:2.11
— Shasta County, 14:2.12
Nearshore fisheries
-Bycatch permits, 14:150.05
-Control dates
— Deeper nearshore species, 14:150.02
— Gear endorsement program, 14:150.03,
14:150.04
-Defined, 14:1.90
-Management plans, 14:52.00-14:52.10
— Definitions, 14:52.01
— Monitoring, 14:52.02
— Process and timing, 14:52.02
—Project, 14:52.03
— Purpose and scope, 14:52.00
— Regional management, 14:52.04
— Sheephead, Cabezon, and Greenling, 14:52.10
— Total allowable catch (TAC)
Allocation of, 14:52.05
Fishery closure when reached, 14:52.09
-Permits, 14:150, 14:150.01
-Restricted access, 14:150
Nearshore fish stocks
-Commercial take, 14:150.16
-Defined, 14:1.90
-Hooks, Umits, 14:150.17
Nearshore waters, defined, 14:1.90
Nets
See NETS
Ocean waters
-Bag and possession prohibitions
— Broomtail grouper, 14:28.12
—Garibaldi, 14:28.05
— Giant sea bass from California waters, 14:28.10
— Green Sturgeon, 14:27.91
—Gulf grouper, 14:28.12
— Salmon closures, 14:27.75
—Shark, white, 14:28.06
-Bag and possession provisions
— Barracuda, California, 14:28.25
FlSH\NG-continued
Ocean waters-continued
-Bag and possession provisions-<:(9//f;'//Het/
— B^arred sand bass, 14:28.30
—Blue Shark, 14:28.42
— Broadbill swordfish, 14:28.40
—Cabezon, 14:28.28
— Cahfornia halibut, 14:28.20
— California scorpionfish, 14:28.54
— California sheephead, 14:28.26
—Codlings, 14:28.53
—Fin fish. 14:27.60
—Flounder, 14:28.49
— Giant sea bass from Mexican waters, 14:28.10
— Grunions, Califomia, 14:28.00
— Hahbut, Califomia, 14:28.15
— Hen-ing eggs, 14:28.60
—Kelp bass, 14:28.30
— Kelp greenling, 14:28.29
— Leopard shark, 14:28.56
— Lingcod, 14:28.27, 14:28.65
— Marlin, 14:28.50
— Pacific bonito, 14:28.32
—Pacific Cod, 14:28.57
—Pacific Sanddab, 14:28.48
—Pacific Whiting, 14:28.57
— Ratfish, 14:28.53
— Rattails, 14:28.53
—Rockfish, 14:28.55, 14:28.65
— Rock greenling, 14:28.29
— Sablefish, 14:28.57
—Salmon, 14:27.80
—Scorpionfish, 14:28.54
— Sculpin, 14:28.54
— Shortfin Mako Shark, 14:28.42
— Sixgill and Sevengill Shark, 14:28.41
—Skates, 14:28.52
—Sole, 14:28.48-14:28.49
— Soupfin Shark, 14:28.51
—Spiny dogfish, 14:28.51
— Spotted sand bass, 14:28.30
—Striped bass, 14:27.85
— Sturgeon, 14:27.90-14:27.95
— Surfperch, 14:28.59
—Surf smelt, 14:28.45
— Thomyheads, 14:28.57
—Thresher Shark, 14:28.42
—Trout, 14:27.70
—Whitefish, 14:28.58
— White sea bass, 14:28.35
— White Sturgeon, 14:27.90
— Yellowtail, 14:28.37
-Bait
— Live Tilapia use prohibited, 14:27.10
-Central Califomia gill and trammel net closure,
14:104.1
-Chumming provisions, 14:27.05
-Cowcod closure areas, 14:150.06
-Filleting on vessels, requirements, 14:27.65
-Fin fish
— Bag and possession limits, 14:27.60
-Gear restrictions, 14:28.65-14:29.00
— Baited traps, 14:28.75
— Beach nets, 14:28.85
— Bow and arrow tackle, 14:28.95
— Dip nets, 14:28.80
— Diving equipment, 14:28.90
— Fin fish, generally, 14:28.65
— Grunions, equipment prohibition, 14:29.00
— Gurdies, power-driven, 14:28.70
— Harpoons, 14:28.95
— Slurpguns, 14:28.91
— Spearfishing equipment, 14:28.90
— Spears, 14:28.95
— Throw nets, Hawaiian-type, 14:28.80
—Weights, 14:28.70
— Winches, power-driven, 14:28.70
-Greenling closure areas, 14:150.06
-Groundfish management areas
— Closures, 14:27.20
— Cowcod conservation areas, 14:27.50
— Definitions, 14:1.91
— Monterey south-central area, 14:27.35
— Morro Bay south-central area, 14:27.40
TITLE 14 INDEX
FORESTRY
23
F\S\MtiG-continued
Ocean watcrs-contiiuiecl
-Groundfish management areas-continued
— North-central area, 14:27.30
— Northern area, 14:27.25
— Rule change process, 14:27.20
—Seasons, 14:27.20
— Southern area, 14:27.45
-Lingcod management areas, 14:150.06
-Multi-day trips, provisions, 14:27.15
-Nearshore waters, defined, 14:1.90
-Pubhc piers, defined, 14:1.88
-Rockfish management areas, 14:150.06
— California Rockfish Conservation Area (CRCA),
14:27.51, 14:27.83
-Sheephead management areas, 14:150.06
-Take provisions, 14:27.56
Open season
-Inland waters, 14:7.50
— Low-flow restrictions, 14:8.00
— Salmon and trout, 14:7.00
Public piers, defined, 14:1.88
Recordkeeping requirements, forms, 14:245 Appx.
A
Sacramento-San Joaquin RiverDelta, 14:1.71
Salmon
See SALMON
Sportfishing
-Fees, 14:701
-Forms, 14:701
-Log, 14:245 Appx. A
-Permits
— Contests offering prizes for game fish take,
14:230
— Sport-caught fish, exchanging, 14:231
-Vessels
— Declaration requirement for multi-day fishing
trips, 14:27.15
— Filleting requirements, 14:27.65
— Fish exchange permits, 14:231
— Reporting requirements, 14:195
Titles and section numbers, 14:1.84
Trawling, 14:119, 14:172
See also NETS
Waste of fish, 14:1.87
Youth derby, Susan River (Lassen County),
14:8.10
FISH SLOUGH ECOLOGICAL RESERVE, 14:630
FITZHUGH CREEK WILDLIFE AREA
Public use activities, 14:550
FLAMMABLE LIQUIDS
Piping systems
-Environmental Quality Act exemptions, 14:15284
FLATHEAD SOLE
Bag and possession provisions, 14:28.48
FLOODS AND FLOOD CONTROL
Sohd waste, emergency waiver of standards,
14:17210-14:17210.9
FLOUNDER
Bag and possession provisions, 14:28.49
FLUES AND CHIMNEYS
Solid waste definitions, 14:17225.29
FOOTPRINT STATE MARINE RESERVE, 14:632
FORESTERS
Address change, 14:1606
Delegation of Board functions, 14:1610
Disciplinary actions, 14:1612-14:1614
Examinations
See Licensing, this heading
Identification of forester in charge, 14:1602.1
Licensing
-Applications, 14:1620
— Abandonment, 14:1628
—Deadlines, 14:1601.1
—Denial, 14:1626
— Processing, 14:1620.2
—Qualifications, 14:1620.3-14:1622.2
—References, 14:1620.1
-Definitions, 14:1600
-Disciplinary actions, 14:1612-14:1614
FORESTERS-c'o«/;/;i/e^
Licensing-coH///H/e^/
-Examinations
—Content, 14:1640.3
— Facilities, 14:1641
— Failure to pass, 14:1644
Appeals, 14:1647
Inspection of papers, 14:1645
— Notification, 14:1640
— Scheduling, 14:1640.2
—Study aids, 14:1640.1
— Successful completion, 14:1643
— Unauthorized assistance, 14:1642
-Expiration, 14:1607
-Fees, 14:1605
-Forestry Board address, 14:1601
-Issuance, 14:1607
-Natural person limitation, 14:1604
-Professional Forester Examining Committee,
]4:16]0.]
-Renewal, 14:1607
-Withdrawals, 14:1608
Professional forestry practice defined, 14:1602
Rangeland management, certified, 14:1651
Reciprocity with other states, 14:1611
Rehabilitation, 14:1614
Seal, 14:1603
Specialties, 14:1650
-Rangeland management, certified, 14:1651
FOREST FIRES
See FIRE PREVENTION; FORESTRY, subhead-
ing: Fire protection
FOREST IMPROVEMENT PROGRAM
See FORESTRY
FORESTRY
Abbreviations, 14:895
Applicability of regulations, 14:897
Birds, endangered species in forest areas
See BIRDS
Chaparral management program
-Abbreviations, 14:1561
-Applications, 14:1563
— Notice, 14:1565.1
— Preliminary review, 14:1565.2
— Ranking and approval, 14:1566
— Reconsideration
Final decision, 14:1568
Request, 14:1567
— Review, 14:1565
-Chemical use, 14:1569.5
-Cost sharing
— Ehgibifity, 14:1562
— Prevailing costs, 14:1564.1
—Schedules, 14:1564
-Definitions, 14:1561.1
-Eligibility, 14:1562
-Erosion control, 14:1569.4
-Natural resources, 14:1569
-Purpose of rules, 14:1560
-Smoke management, 14:1569.6
-Streams and lakes, 14:1569.2
-Wetlands, 14:1569.3
-Wildlife, 14:1569.1
Definitions, 14:895.1
-Chaparral management programs, 14:1561.1
-Coast Forest District rules, 14:895.1
-Districts, 14:906
-Environmental Quality Act rules, 14:1660
— Private service contracts, 14:1663.1
-Firebreak rules, 14:1251
-Multiposition small engine, 14:1240
-Northem Forest District rules, 14:895.1
-Railroad rights-of-way fire hazard reduction,
14:1292
-Recreational forest use rules, 14:1400.5
-San Mateo County rules, 14:928.1
-Southern Forest District rules, 14:895.1, 14:952
-Timberland conversion rules, 14:1100
-Timber operator, 14:1022
-Urban forestry programs, 14:1551.1
-Winter period, 14:925.1, 14:926.18, 14:965.5
Districts
-Geographic boundaries
FOBESTB\-conliniied
Dislhcls-continued
-Geographic boundaries-continued
— Coast Forest District, 14:907
— Northem Forest District, 14:908
— Southern Forest District, 14:909
High Use Subdistricl, 14:909.1
Environmental Quality Act
-Definitions
— Private service contracts, 14:1663.1
-Exemption for forestry depaitinent projects,
14:1662.6
-Private service contracts, 14:1663-14:1663.9
— Advertisements for, 14:1663.2
— Definitions, 14:1663.1
— Estimates, 14:1663.5
—Negotiations, 1 4: 1 663.6- 1 4: 1 663.8
— Purpose, 14:1663
— Selection criteria, 14:1663.3-14:1663.4
— Small businesses, 14:1663.9
Fire protection
-Buildings and structures, 14:1299
-Cooperative fire protection contracts, 14:1260
— Agreement administration, 14:1262
— Personnel assignment and cost apportionment,
14:1261
-Engines, multiposition small
— Compliance requirement, 14:1241.2, 14:1242.1
—Definition, 14:1240
— Performance standards, 14:1241, 14:1242
— Test procedures, 14:1241.1, 14:1242
-Firebreaks
— Applicability
Locations, 14:1252
Time periods, 14:1253
—Definitions, 14:1251
Outer circumference, 14:1251
—Maps, 14:1252.1
Boundary lines, 14:1252.2, 14:1252.3
— Minimum clearance, 14:1254, 14:1256
Exemptions, 14:1255, 14:1257
— Purpose of rules, 14:1250
-Forest product waste disposiil
— Appficability, 14:1300
— Roads and access, 14:1302
-Hazard severity zones, 14:1280
-Private lands, state responsibility, 14:1220
-Railroad right-of-ways
— Abatement order, 14:1295
— Agreements, 14:1291
—Appficability, 14:1290
— Compliance order, 14:1294
—Definitions, 14:1292
— Minimum standards, 14:1293
-Tree lines, 14:1258
Forest improvement program, 14:1525
-Abbreviations, 14:1526
-Applicant notification, 14:1535
-Applicadon procedure, 14:1529
-Chemical use, 14:1545.5
-Cost sharing
— Agreements, 14:1535.1
— Prevailing costs, 14:1530.1
—Refunds, 14:1542
—Schedules, 14:1530
-Definitions, 14:1526.1
-Eligibifity, 14:1527, 14:1527.1
-Erosion control, 14:1545.3
-Hazard reduction, 14:1545.4
-Insect control, 14:1545.9
-Intent, 14:1525.1
-Management plan, 14:1529.1
-Onsite inspection, 14:1536.1
-Project completion report, 14:1536
-Reconsideration of rejected applications, 14:1540
— Cost sharing funds, return of, 14:1542
— Final decision, 14:1541
-Review and evaluation of projects
— Appfication, 14:1532
— Preliminary review, 14:1532.2
—Public notice, 14:1532.1
— Ranking and approval, 14:1533
-Special treatment areas, 14:1545.8
-Stocking
24 FORESTRY
CALIFORNIA CODE OF REGULATIONS
FORESTRy-continued
Forest iniprovenient program-continued
-Stocking-continued
— Minimum standards, 14:1545.6
— Species selection, 14:1545.7
-Stream and lake protection, 14:1545.1
-Wetlands protection, 14:1545.2
-Wildlife protection, 14:1545
Harvesting plans
-Program timber harvesting plans,
^14:1092-14:1092.32
Hazardous fire areas
-Anderson Woodlands, 14:1203.3
-Bear Mountain, 14:1204
-Beaver Ridge-Bear River, 14:1204.6
-Big Valley, 14:1203.5
-Collins Almanor Forest-Diamond International,
14:1203.2
-Copper Peak, 14:1204.1
-DeLuz-Tenaja, 14:1206
-Diamond International No. 1, 14:1203
-Diamond International No. 2, 14:1203.1
-Eastem Tulare, 14:1204.4
-Harvey, 14:1203.7
-Jamesburg, 14:1205.1
-Kings, 14:1204.3
-LaGloria, 14:1205.2
-Lake Almanor, 14:1203.6
-Lily Gap-White Pines, 14:1204.7
-Los Padres Boundary, 14:1205.6
-Mokelumne. 14:1204.8
-Pacheco, 14:1205.3
-Petition procedure, 14:1200
-Pondosa, 14:1203.4
-Quien Sabe-Los Muertos, 14:1205
-Quincy Watershed, 14:1203.8
-San Francisco Peninsula Watershed, 14:1205.4
-San Mateo, Santa Cruz, and Santa Clara Counties,
14:1205.5
-Silver Fork, 14:1204.9
-Sly Park-Alder Creek, 14:1204.10
-Viola, 14:1203.9
-Western Fresno, 14:1204.3
-Whitmore-Panther Creek, 14:1204.5
Implementation of laws, 14:897
Lake County Scenic Combining District,
14:945-14:945.5
Logging operations
See LOGGING AND SAWMILLS
Nonindustrial timber management plan
-Abbreviation, 14:1090
-Agency review, 14:1090.17
-Amendments, 14:1090.24
-Cancellation of plans, 14:1090.27
-Change of ownership, 14:1090.26
-Conformance, 14:1090.21
-Contents, 14:1090.5
-Deviations, 14:1090.14
-Director
— Determination, 14:1090.18
—Filing, 14:1090.16
-Filing, 14:1090.1
-Harvesting
—Deviations, 14:1090.14
— Notice of preparation, 14:1090.2
—Distribution, 14:1090.3
Posting, 14:1090.3
—Plan submission, 14:1090.2
-Licensed timber operator
—Interaction, 14:1090.11
-Minor deviations, 14:1090.25
-Nonconformance, 14:1090.20
-Notice of commencement, 14:1090.13
-Notice of conformance, 14:1090.22
-Notice of preparation, 14:1090.2
—Distribution, 14:1090.3
—Posting, 14:1090.3
-Notice of timber operations
— Commencement, 14:1090.13
—Content, 14:1090.7
—Filing, 14:1090.1
— Licensed timber operator interaction, 14:1090.11
— Registered professional forester, 14:1090.11
—Submission, 14:1090.4, 14:1090.6
FORESTRY-continued
Nonindustrial timber management p\ar\-continued
-Plan submission, 14:1090.2
-Professional judgment, 14:1090.8
-Public Inspection, 14:1090.23
-Public review, 14:1090.17
-Registered professional forester
— Interaction with licensed timer operator,
14:1090.11
—Responsibilities, 14:1090.10
-Review teams, 14:1090.19
-Rule application, 14:1090
-Submission, 14:1090.4
-Submitter, 14:1090.9
—Responsibility, 14:1090.9
Program timber harvesting plans,
14:1092-14:1092.32
-Agency review, 14:1092.18
-Amendment, 14:1092.26
-Applicability of rules, 14:1092
-Conformance, 14:1092.23
-Contents. 14:1092.09
-Disapproval, 14:1092.21
-Effective period, 14:1092.28
-Environmental impact reports
— Appeals, 14:1092.31
—Cancellation, 14:1092.30
— Change of ownership, 14:1092.29
— Director's guidance for review, 14:1092.02,
14:1092.20
—Effective period, 14:1092.28
— Interim measures for maximum sustained pro-
duction, 14:1092.32
—Relation to PTHP, 14:1092.01
-Filing date, 14:1092.08
-Filing location, 14:1092.03
-Inspection
— Preharvest, 14:1092.16
—Public, 14:1092.25
-Interim measures for maximum sustained produc-
tion, 14:1092.32
-Minor deviations, 14:1092.27
-Nonconformance, 14:1092.22
-Notice
— Commencement of operations, 14:1092.15
—Conformance, 14:1092.24
—Filing, 14:1092.17
—Intent, 14:1092.05
-Operator, 14:1092.14
— Interaction with registered professional forester,
14:1092.13
-Professional judgment, 14:1092.10
-Public inspection, 14:1092.25
-Public review, 14:1092.18
-Registered professional forester, 14:1092.12
— Interaction with operator, 14:1092.13
-Requests for notification of submissions,
14:1092.06
-Review of plan, 14:1092.16
-Submittal, 14:1092.04
-Submitter responsibilities, 14:1092.11
-Time periods for review, 14:1092.19
-Water supplies, information, 14:1092.07
Public Resources Code
-Authority and reference, 14:Div. 1.5 Ch. 4 Table
-Cross references, 14:Div. 1.5 Ch. 4 Table I,
14:Div. 1.5 Ch. 4 Table 2
Purpose of rules, 14:896
Regeneration
See REVEGETATION, subheading: Logging
operations
Registered professional foresters
See FORESTERS
Road management plans, 14:1093-14:1093.6
-Content, 14:1093.2
-Effective period, 14:1093.4
-Evaluation of proposed activities, 14:1093.1
-Information requirements, 14:1093.3
-Notice of filing, 14:1093.6
-Purpose, 14:1093
Sawmills
See LOGGING AND SAWMILLS
State forests
-Recreational use
F0RESTRY-(:;ci/7/;>;i/efl'
State forcsis-continued
-Recreational use-continued
— Abbreviations, 14:1400
— Camping
Archaeological feature defacement, 14:1427
Campfire permits. 14:1402
Designated areas, 14:1401
Equipment restrictions, 14:141 1
Firewood collection, 14:1415
Geological feature defacement, 14:1417
Horses, 14:1425
Noise, 14:1412
Nuisance, 14:1410
Occupancy time limits, 14:1403
Personal conduct. 14:1405
Pets, 14:1423, 14:1424
Planting, 14:1418
Public assembly, 14:1406
Refuse, 14:1421
Reservations, 14:1404
Smoking restrictions, 14:1426
Soliciting, 14:1414
Structural improvements, 14:1419
Unauthorized signs, 14:1420
Vegetation defacement, 14:1416
Water polluting, 14:1422
Weapon restrictions, 14:1413
— Definitions, 14:1400.5
— Restricted use areas
Hunting areas closed, 14:1435, 14:1436
Temporary prohibitions, 14:1439
Temporary restrictions, 14:1438
— Vehicle restrictions
Camping areas, 14:1433
Cross-country travel prohibited, 14:1431
Parking time limits. 14:1430
-Timber sales, 14:1511
— Bid solicitation, 14:1515
— Harvesting and management, 14:1510
— Non-substitution agreement, 14:1516
— Records, 14:1519
— Removal notice, 14:1517
— Transfer requirement, 14:1518
— Violation notice and review, 14:1521
Sustained yield plan, 14:1091.1-14:1091.14
-Amendments, 14:1091.13
-Appeals, 14:1091.11
-Applicability and intent of rules, 14:1091.1
-Approval procedures, 14:1091.10
— Appeals, 14:1091.11
-Compliance, 14:1091.8
-Contents, 14:1091.4
-Definitions, 14:1091.3
-Deviations, 14:1091.13
— Emergencies, 14:1091.13
-Effective period. 14:1091.9
-Emergencies, 14:1091.12
-Evaluation procedures, 14:1091.8
-Fish and wildlife assessment, 14:1091.5
-Production assessment, 14:1091.45
-Reporting requirements
— Limitations, 14:1091.7
— Progress evaluations, 14:1091.8
-Submittal
— Timber harvesting plans, in conjunction with,
14:1091.14
-Timber harvesting plans, relation to, 14:1091.2
— Submittal, 14:1091.14
-Watershed assessment, 14:1091.6
Timberland production zones
See generally LOGGING AND SAWMILLS
Timber operations
See generally LOGGING AND SAWMILLS;
TIMBER AND TIMBERLANDS
Urban forestry program
-Appeals
— Final decision, 14:1556.1
— Review request, 14:1556
-Application procedures
— Acceptance for review, 14:1554
—Content, 14:1554.1
— Priority ranking, 14:1554.3
— Review, 14:1554.2
TITLE J 4 INDEX
GASTROPODS 25
•
FORESTRy-contimied
Urban forestiy progvam-c:onrinued
-Definitions, 14:1551.1
-Eligibility
—Ineligible costs, 14:1552.1
— Participants, 14:1552.2
—Permits, 14:1552.3
—Practices, 14:1552
-Grants, 14:1553
— Agreements, 14:1555.1
-Notification of applicant, 14:1555
-Purpose of guidelines, 14:1550
FORESTRY AND FIRE PROTECTION BOARD
Administrative penalty hearings, 14:1057-14:1059
-Administrative record, 14:1057.4
-Conduct, 14:1057.3
-Determination, 14:1058.3, 14:1058.5
-Electronic recording and transcription, 14:1058.1
-Failure to request hearing in time, 14:1057.2
-Filing petition, 14:1057.1
-Infractions, 14:1059
-Notice of defense/request for, 14:1057.1
—Form, 14:1057.5
-Procedure, 14:1058.2
-Proposed decision and findings of fact, review by
Board, 14:1058.4
-Public notice, 14:1058
-Purpose of regulations, 14:1057
-Time limits of statements and presentations,
14:1058.2
FORESTRY BOARD
Committees
-District Technical Advisory Committee, 14:1121
-Professional Foresters Examining Committee,
14:1122
Conflict of interest, 14:890
Delegation of authority
-Licensing, 14:1020
Natural resources issues referred by Director,
14:1655
Organization
-Abbreviations, 14:1120
-Definitions, 14:1120.1
Rulemaking
-Environmental Quality Act, 14:1150-14:1153
-Z'berg-Nejedly Forest Practice Act,
14:1142-14:1145
FORESTRY DEPARTMENT
Director, 14:1020
-Delegations, 14:1045
-Program timber harvesting plans
— Environmental impact reports, guidance,
14:1092.02, 14:1092.20
Environmental Quality Act
-Definitions, 14:1660
-Exeinpt projects, 14:1661-14:1662.9
State responsibility areas, county assumption,
14:1658
FORMS
Beverage container recycling
-Certification applications
— Dropoff or collection and community service
programs, 14:2055
— Recycling centers and processors, 14:2045
-Community service programs, individual commin-
gled rate
— Application, 14:2745
— Daily data collection sheet, 14:2745
— Weekly summary sheet, 14:2745
-Consolidated shipping reports, 14:2090
-Convenience zone exemption, 14:2800
— Revocation, 14:2805
Beverage container recycling operations
-Scrap value survey form, 14:2955
Composting operations permit, 14:18831 Appx. A
Contaminated soil operations and facilities permit,
14:18831 Appx. A
Environmental impact reports
-Completion notices, 14:15387 Appx. C
—Draft EIR, 14:15387 Appx. L
-Determination notices, 14:15387 Appx. D
-Environmental check list, 14:15387 Appx. G
FORMS-contiinied
Environmental iinpact reporxs-conthiued
-Exemption notices, 14:15387 Appx. E
-General information, 14:15387 Appx. H
-Preparation notices, 14:15387 Appx. 1
-Tiering examples, 14:15387 Appx. J
Farm and ranch solid waste cleanup and abatement
grant
-Application cover sheet, 14:18831 Appx. A
-Site characterization form, 14:18831 Appx. A
Fishing activity records, 14:245 Appx. A
Forestry and Fire Protection Board, administrative
penalty hearings
-Notice of defense/request for hearing, 14:1057.5
Household hazardous waste collection
-Lead and non-lead agencies' collection informa-
tion, 14:18831 Appx. A
Hunting permits
-Mobility disabled persons motor vehicle permit,
14:251
Integrated Waste Management Board, 14:18831
Appx. A
Mines and mining
-Administrative penalty petition/notice of defense,
14:3911
-Annual report, 14:3699
-Low-gross exemption fee request, 14:3699
-Mining operation annual report, 14:3699
-Multiple-site single fee request, 14:3699
Mobility disabled persons motor vehicle permit for
hunting, 14:251
Newsprint recycling, consumer certification form,
14:18831 Appx. A
Recycling
-Loans for market development, application,
14:18831 Appx. A
-Plastic market development payments, application
and claim form, 14:2880
-Trash bags, recycled content, 14:18831 Appx. A
-Used oil, block grant application cover sheet,
14:18831 Appx. A
San Francisco Bay conservation and development
-Abbreviated regionwide permits
— Application form, 14:11721 Appx. N
-Application for plan amendments, 14:11007
Appx. G
-Marsh development permits
— Appeals, 14:11721 Appx. L
-Permits
— Applications, 14:11721 Appx. D
Notices, 14:11721 Appx. E
— Exemption claims, 14:11721 Appx. J, 14:11721
Appx. K
-Violations
— Complaints, 14:11721 Appx. H
—Defense, 14:11721 Appx. 1
Solid waste management, designation of local
agency, 14:18831 Appx. A
Tires
-Hauler registration application, 14:18831 Appx. A
-Retreaders
— Self-certification, 14:18831 Appx. A
—Trip log, 14:18831 Appx. A
-Storage and disposal facilities, 14:18831 Appx. A
-Trip logs, 14:18831 Appx. A
Used oil recycling programs
-Block grant application cover sheet, 14:18831
Appx. A
Waste tires
-Hauler registration application, 14:18831 Appx. A
-Storage and disposal facilities, 14:18831 Appx. A
FOXES, DESERT KIT
Hunting prohibition, 14:460
FOXES, GRAY
Hunting provisions, 14:265, 14:461
FOXES, RED
Hunting prohibition, 14:460
FRANK'S TRACT STATE RECREATION AREA
Hunting in closed areas, 14:262
FREEWAYS
See HIGHWAYS AND ROADS
FREEZERS
See generally APPLIANCES, HOUSEHOLD
FREMONT VALLEY ECOLOGICAL RESERVE,
14:630
FREMONT WEIR WILDLIFE AREA
Hunting, firearms and archery equipment use,
14:551
Public use activities, 14:550
FRENCH VALLEY WILDLIFE AREA
Public use activities, 14:550
FRESNO COUNTY
Hazardous fire areas
-Bear Mountain, 14:1204
-Copper Peak, 14:1204.1
-Kings, 14:1204.3
-Western Fresno, 14:1204.3
FRESNO REGION
Construction aggregate resources, 14:3550.13
FROGS
See also BULLFROGS
Bag and possession provisions, 14:5.05
Commercial take, 14:41.7
Use for human consumption, 14:41.7
FROZEN FOOD LOCKERS
Plant records, 14:711
FRUITS AND VEGETABLES
Unsold, transfer to coinpost operation by regional
produce distribution center, 14:17402.5
FUNDRAISING
Hunting events
-Elk, license tags, 14:364
-Nelson biehom sheep, license tags. 14:362,
14:708
-Pronghom antelope, license tags, 14:363
FUNDS
Land and water conservation fund,
14:4900-14:4920
Off-highway motor vehicle recreation grants and
cooperative agreements program, match
requirements, 14:4970.18
-Applications received after Jan. 1, 2006,
14:4970.66
FURBEARING MAMMALS
See HUNTING
G
GAFFS, 14:2.06
GALLINULES, COMMON
Hunting, nontoxic shot requirement, 14:507.1
GAME
See FISH AND GAME; FISH AND GAME
DEPARTMENT; HUNTING
GAMES
Olympic games, CEQA exemption, 14:15272
Parks and recreation, 14:4319
GAPER CLAMS
Bag and possession provisions, 14:29.25
GARBAGE
See WASTE DISPOSAL
GARBAGE TRUCKS
Definition as solid waste collection vehicle or
equipment, 14:17225.13
GARDENS, ZOOLOGICAL
See ZOOS
GARIBALDI
Bag and possession prohibitions, 14:28.05
GAS
See OIL AND GAS
GASTROPODS
Threatened species, 14:670.5
26
GECKOS
CALIFORNIA CODE OF REGULATIONS
GECKOS
Bag and possession provisions, 14:5.60
GEESE
Hunting, 14:502
-Canada geese, 14:502
-Duck stamp requirement, 14:510
-Nontoxic shot requirement, 14:507.1
GEODUCK CLAMS
Bag and possession provisions, 14:29.30
GEOLOGICAL FAULTS
Alquist-Prioio Earthquake Fault Zoning Act, min-
ing and geology board policies,
14:3600-14:3614
GEOLOGICAL FEATURES
Defacement prohibited
-Parks and recreation areas, 14:4307
-State forests, 14:1417
GEOTHERMAL ENERGY
Blowout prevention
-Cable tool drilling, 14:1942.2
-Equipment, 14:1941
-Guide, 14:1942
-Unstable areas, 14:1942.1
Completion of project, 14:1950
Definitions, 14:1920.1
-Decision-making body, 14:1681.1
-Injection wells, 14:1960
District boundaries, map, 14:1998.2
Districts, map, 14:1998.2
Drilling, 14:1930
-Casing, 14:1935
— Conductor pipe, 14:1935.1
— Intermediate casing, 14:1935.3
— Production casing, 14:1935.4
—Surface casing, 14:1935.2
-Electric logging, 14:1936
-Fees, 14:1932
— Assessments
—Date, 14:1933
Notification, 14:1933.2
Roll estabHshment, 14:1933.3
—Establishment, 14:1933.1
— Payments and penalties, 14:1933.4
-Injection conversion notice, 14:1931.2
-Notice of intent, 14:1931
-Records
— Division requirements, 14:1937.1
-Reworking notice, 14:1931.1
-Unstable terrain, 14:1931.5
Equipment and facilities
-Corrosion surveillance, 14:1953
-Maintenance, 14:1952
-Testing, 14:1954
Exploration
-Environmental Quality Act, 14:1681.4
— Application, 14:1682
— Decision making body defined, 14:1681.1
— Environmental impact reports
Consultation, 14:1683.1
Evaluation, 14:1685
Federal projects coordination, 14:1683
— Oil, Gas, and Geothermal Resources Division as
lead agency
Delegation of responsibilities, 14:1683.7
Time limits, 14:1682.1
— Responsible agency time limits, 14:1683.5
— Scope of regulations, 14:1681
Field designation, 14:1920.2
Field rules, 14:1920.3
Injection wells
-Approval, 14:1962
-Definition, 14:1960
-Notice to drill or convert, 14:1963
-Project initiation, 14:1961
-Subsequent work, 14:1964
-Surveillance, 14:1966
Map of district boundaries, 14:1998.2
Operation approval required, 14:1914
Plugging and abandonment, 14:1981
-Cased wells, 14:1981.2
-Exploratory wells, 14:1981.1
-Objectives, 14:1980
GEOTHERMAL ENERGY-coH//m/ef/
Purpose of rules, 14:1900
Subsidence
-Imperial Valley rules, 14:1971
-Oil, Gas, and Geothermal Resources Division
responsibility, 14:1970
Time limits, 14:1950.1
Wells, 14:1900-14:1913
GERSTLE COVE STATE MARINE CONSERVA-
TION AREA, 14:632
GILL NETS
See NETS, subheading: Commercial fishing oper-
ations
GLASS
Recycling of beverage containers
See BEVERAGE CONTAINERS
Recycling processors, reporting requirements.
14:2425
Waste glass used in manufacture of glass contain-
ers, 14:2000 Appx. A
GOATS
See LIVESTOCK
GOLETA SLOUGH ECOLOGICAL RESERVE,
14:630
GOLETA SLOUGH STATE MARINE PARK,
14:632
GOSHAWKS, NORTHERN
Nest site protection
-Logging operations
— Coast forest district, 14:919.3
GRANTS
Agricultural land stewardship program,
14:3000-14:3015
Boating waterways
-Floating rest room
— Application, 14:5162
— Conformity, 14:5161
— Construction and operation agreement, 14:5163
— Short title, 14:5160
-Launching facilities
— Application, 14:5152
— Conformity, 14:5151
— Construction and operation agreement, 14:5154
—Short title, 14:5150
Chaparral management program
-Application, 14:1563
-Eligibility, 14:1562
-Prevailing costs, 14:1564.1
-Schedules, 14:1564
Conservation
See CONSERVATION GRANTS
Forest improvement program, 14:1530, 14:1530.1
-Eligibility, 14:1527, 14:1527.1
-Return of payments, 14:1542
Hazardous waste collection programs
See HAZARDOUS WASTES
Integrated Waste Management Board (CIWMB)
-Unreliable grantees, list, 14:17050-14:17062
Land and water conservation
-Allocation of funds, 14:4902
-Applications
— Format, 14:4910
— Submission, 14:4911
-Authority, 14:4901
-Availability and disbursement of funds, 14:4920
-Definitions, 14:4900
-Priorities among projects, 14:4904
-Project criteria, 14:4903
Local coastal management improvement programs
-Applications
— Forms, 14:19009
-Closeout procedures, 14:19009
-Description, 14:19001
-Eligibility, 14:19002
-Fiscal requirements, 14:19007
-Payments, 14:19006
-Pre-applications, 14:19004
-Process and timetable, 14:19003
-Reporting requirements, 14:19008
-Schedule, 14:19003
G^kUlS-continued
Methane hazards reduction assistance
-Amount available, 14:1792
-Application and award procedures, 14:1793
— Final application requirements, 14:1796
— Preapplications
Criteria, 14:1794
Review, 14:1795
-Definitions, 14:1791
-Fiscal requirements, 14:1797
-Puipose of rules, 14:1790
-Submission of documents, 14:1798
Off-highway motor vehicle recreation grants and
cooperative agreements program,
14:4970-14:4970.21, 14:4970.49-14:4970.72
See also OFF- ROAD VEHICLES
Oil recycling programs, 14:18658.0-14:18659.5
Oil spills, local contingency plans,
14:852.60.1-14:852.62.3
Solid waste
-Cleanup program, 14:18913-14:18927
-LEA grants, 14:18090.0-14:18094.0
Special waste programs
-Applicability, 14':18504
-Applications. 14:18506
-Definition.s, 14:18502
-Discretionary grants
— Agreements, 14:18536
—Amounts, 14:18532
— Applications
Contents, 14:18533
Period, 14:18531
Reviews, 14:18534
—Eligibility, 14:18530
—Payments, 14:18535
— Recipient selection, 14:18534.1
— Terms and conditions, 14:18536.1
-Eligibility, 14:18505
-Purpose of rules, 14:18500
Urban forestry program, 14:1553
-Eligibility, 14:1552-14:1552.3
Urban open-space and recreation
-Applications
— CEQA compliance, 14:4933
— Certification by legal counsel, 14:4932
— Form and content, 14:4930
— Governing body resolution, 14:4931
-Matching contributions, 14:4935
-Reports to State, 14:4934
Used oil recycling programs,
14:18658.0-14:18659.5
GRASS
See also PLANTS
Endangered, threatened, or rare, list of, 14:670.2
GRASS LAKE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
GRAY LODGE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
GREEN CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
GREENLING
Federal management plan species, 14:1.91
Groundfish management areas
See GROUNDFISH
Management area closure periods, 14:150.06
Nearshore fishery management plans, 14:52.10
GREEN STURGEON
Bag and possession provisions, 14:5.81, 14:27.91
Closures, 14:27.95
GRIZZLY BAY
Closure to recreational boating,
14:6698.1-14:6698.2
GRIZZLY ISLAND WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
TITLE 14 INDEX
HIGHWAYS AND ROADS 27
GRIZZLY ISLAND WILDLIFE AREA-<:ontinued
Public use activities, 14:550
GROUNDFISH
Commercial fishing operations, 14:189
Federal management areas
-Closures. 14:27.20
-Cowcod conservation areas, 14:27.50
-Definitions, 14:1.91
-Monterey south-central area, 14:27.35
-Morro Bay south-central area, 14:27.40
-North-central area, 14:27.30
-Northern area, 14:27.25
-Rule change process, 14:27.20
-Seasons, 14:27.20
-Southern area, 14:27.45
GROUND WATER
See also generally WATER POLLUTION AND
CONTROL
Oil and gas operations, protection
-Waste water transport in unlined channels prohib-
ited, 14:1771
-Well plugging, 14:1723.2
GROUPER, BROOMTAIL
Bag and possession prohibition, 14:28.12
GROUPER, GULF
Bag and possession prohibition, 14:28.12
GROUSE, BLUE
Hunting provisions, 14:300
-Permits, 14:313
GROUSE, RUFFED
Hunting provisions, 14:300
-Permits, 14:313
GROUSE, SAGE
Hunting provisions, 14:300
-Permits, 14:313
GRUNIONS
Bag and possession provisions, 14:28.00
Fishing gear use prohibition, 14:29.00
GUARANTEES
Tire storage and disposal facilities, 14:18494
GUIDES, OUTDOOR, 14:745-14:746
GULF CROAKER
Salton Sea bag and possession provisions, 14:5.26
GULL ISLAND STATE MARINE RESERVE,
14:632
GUNS
Hunting
See also generally HUNTING
-American crows, 14:485
-Big game
— Deer, 14:360
—Elk, 14:364
— Methods authorized, 14:353
— Pronghorn antelope, 14:363
-Domesticated migratory game bird shooting areas,
14:600.4
-Furbearing mammals, 14:465
-Los Angeles County prohibition of use to take
rabbits, 14:311.7
-Migratory game birds, 14:507
— State and federal wildlife areas, 14:551
-Picacho and Providence Mountains State Recre-
ation Areas prohibition of use, 14:311.6
-Resident small game, 14:311
-State and federal wildlife areas, 14:551
-Upland game birds, 14:313
Parks and recreation areas, 14:4313
State forests
-Camping restrictions, 14:1413
-Closed areas, 14:1435, 14:1436
H
HALIBUT, CALIFORNIA
Bag and possession provisions, 14:28.15
HALIBUT, PACIFIC
Bag and possession provisions, 14.28.20
HALLELUJAH JUNCTION WILDLIFE AREA
Hunting, firearms, and archery equipment use.
14:551
Public use activities, 14:550
HANDICAPPED PERSONS
Hunting, motor vehicle permit for pursuing or
shooting birds and mammals, 14:251
HARBORS
Ports
See PORTS
San Diego
See SAN DIEGO HARBOR
Small craft facility loans
-Default remedies, 14:5107
-Feasibility review, 14:5103
-Project development, 14:5106
-Short title, 14:5100
-Terms and conditions, 14:5105
HARES, SNOWSHOE
See also RABBITS
Hunting provisions, 14:308
HARRISON GRADE ECOLOGICAL RESERVE,
14:630
HARRIS POINT STATE MARINE RESERVE,
14:632
HARRY A. MERLO STATE RECREATION AREA
Hunting
-Open areas, 14:4501
-Prohibitions, 14:260.5
HARVEY HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.7
HATCHERIES
See AQUACULTURE
HAWKS
Importation, transportation, and possession restric-
tions, 14:671
HAZARDOUS SUBSTANCES
Asbestos
See ASBESTOS
Environmental Quality Act, prevention or mitiga-
tion of releases, exemptions, 14:15330
Explosives
See EXPLOSIVES
Pipelines, CEQA exemptions, 14:15284
Release prevention or mitigation, CEQA exemp-
tions, 14:15330
Spill control, picking up disabled wildlife, prohibi-
tion, 14:679
HAZARDOUS WASTES
See also WASTE MANAGEMENT
Collection program grants
-Applicability, 14:18504
-Applications, 14:18506
-Definitions, 14:18502
-Discretionary grants
— Agreements, 14:18536
—Amounts, 14:18532
— Applications
Contents, 14:18533
Period, 14:18531
Reviews, 14:18534
— Eligibihty, 14:18530
— Payments, 14:18535
— Recipient selection, 14:18534.1
— Terms and conditions, 14:18536.1
-Eligibility, 14:18505
-Purpose of rules, 14:18500
HAZARDOUS \NASTES-contimied
Composting, prohibition, 14:17855.2
Definitions
-Nonhazardous, nonputrescible waste disposal by
hazardous waste facilities, 14:17368
-Solid waste management, 14:17225.32
Electronic waste, recycling,
14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
Environmental protection standards
-Release prevention or mitigation, CEQA exemp-
tions, 14:15330
Facilities
-Environmental impact reports, statutory require-
ments, 14:15081.5
-Nonhazardous, nonputrescible waste disposal,
14:17367-14:17370.2
—Authority, 14:17367
— Codisposal plan, 14:18225
—Daily cover, 14:17370.1
—Definitions, 14:17368
—Permits, 14:17369
—Records, 14:17370.2
— Regulatory tier, 14:17369
—Scope, 14:17367
Household waste
See HOUSEHOLD WASTES
Integrated management plans, 14:18737
-Existing conditions descriptions, 14:18737.2
-Objectives, 14:18737.1
Oil, contaminated; disposal of,
14:18651.5-14:18651.9
Permits
-Nonhazardous, nonputrescible disposal by hazard-
ous waste facilities, 14:17367-14:17370.2,
14:18225
Records
-Nonhazardous, nonputrescible waste disposal by
hazardous waste facilities, 14:17370.2
Releases
-Prevention or mitigation, CEQA exemptions,
14:15330
Solid waste transfer/processing operations and
facilities, 14:17407.5
Used oil, contaminated
-Disposal, 14:18651.5-14:18651.9
-Recycling
See USED OIL RECYCLING PROGRAMS
HEADWATERS FOREST ECOLOGICAL
RESERVE, 14:630
HEALTH CARE FACILITIES
Infectious wastes, definition, 14:17225.36
HEARST SAN SIMEON STATE HISTORICAL
MONUMENT, 14:4600
HEENAN LAKE WILDLIFE AREA
Fishing provisions, 14:553
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
HEISLER PARK ECOLOGICAL RESERVE,
14:630
HEISLER PARK STATE MARINE RESERVE,
14:632
HERONS, GREAT BLUE
Nest site protection
-Logging operations
— Coast forest district, 14:919.3
HERRING
Commercial fishing operations, 14:163-14:164
-Harvesting, 14:163
-Penalties, 14:163.5
-Permit requirements, 14:163
—Transfers, 14:163.1
Eggs
-Bag and possession provisions, 14:28.60
-Harvesting, 14:164
HIGHWAYS AND ROADS
Bridges
See BRIDGES
28
HIGHWAYS AND ROADS
CALIFORNIA CODE OF REGULATIONS
HIGHWAYS AND ROADS-continued
Coho salmon protections
-Coast Forest District, 14:923.9.1-14:923.9.2
-Northern Forest District, 14:943.9.1-14:943.9.2
Construction and demolition debris,
14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolition debris
Definitions
-First public road paralleling the sea, 14:13011
Fire safety
-State responsibility areas, 14:1273.00-14:1273.1 1
First public road paralleling the sea
-Definition, 14:13011
Logging roads
-Abandonment
—Coast Forest District, 14:923.8
— Northern Forest District, 14:943.8
—Santa Cruz County. 14:926.17
— Southern Forest District, 14:963.8
-Conduct of operations
— Coast Forest District, 14:923.6
— Northern Forest District, 14:943.6
— Southern Forest District, 14:963.6
-Construction
—Coast Forest District, 14:923.2
— Northern Forest District, 14:943.2
—Santa Cruz County, 14:926.15
— Southern Forest District, 14:963.2
-Fire safety precautions, 14:1302
-Flagging
—Santa Cruz County, 14:926.16
-Licensed timber operator responsibility
— Coast Forest District, 14:923.7
— Northern Forest District, 14:943.7
— Southern Forest District, 14:963.7
-Maintenance
— Coast Forest District, 14:923.4
— Northern Forest District, 14:943.4
— Southern Forest District, 14:963.4
-Passability during dry season
— Coast Forest District, 14:918.3
— Northern Forest District, 14:938.3
— Southern Forest District, 14:958.3
-Planning
—Coast Forest District, 14:923.1
— Northern Forest District, 14:943.1
— Southern Forest District, 14:963.1
-Road management plans, 14:1093-14:1093.6
-Standards
— Coast Forest District, 14:923
— Northern Forest District, 14:943
— Southern Forest District, 14:963
-Timber harvesting plan requirements, exemptions
from
— Santa Cruz County, 14:926.21
-Watercourse crossings
— Coast Forest District, 14:923.3
— Northern Forest District, 14:943.3
— Southern Forest District, 14:963.3
Logging roads, public
-Logging operation buffer zones, 14:927.6
-Protection from logging operations
— Monterey County, 14:965.3
-Restricted use for logging
— Monterey County, 14:965.4
Motor vehicles
See MOTOR VEHICLES
Sacramento-San Joaquin Delta land use plan, traf-
fic control, 14:20050
Solid waste transfer/processing operations and
facilities, 14:17409.1
Tire storage and disposal facilities, 14:17352
Tractor roads
-Flagging
— San Mateo County rules, 14:928.3
-Watercourse crossings
— Coast Forest District, 14:914.8
— Northern Forest District, 14:934.8
— Southern Forest District, 14:954.8
HILL SLOUGH WILDLIFE AREA
Public use activities, 14:550
HISTORIC SITES
Archaeological sites
-Defacement prohibited, 14:1427, 14:4308
-Environmental impact determination, 14:15064.5
-Indian artifacts, collection in park and recreation
areas prohibited, 14:4611
Crystal Cove Historic District, 14:4612
Environmental impact determination, 14:15064.5
Environmental impact reports
-Disclosure of information, 14:15120
Environmental Quality Act
-Restoration or rehabilitation, exemptions.
14:15331
-Transfers of ownership, exemptions, 14:15325
Hearst San Simeon State Historical Monument,
14:4600
List. 14:4754
Logging operations
See LOGGING AND SAWMILLS, subheading:
Archeological and historical sites
Register, 14:4850-14:4858
-Applications
--Format, 14:4853
— Procedures, 14:4854
-Criteria for listing, 14:4852
-Definitions, 14:4858 Appx. A
-Eligibility, 14:4851
-Public hearing of nomination, 14:4855
-Purpose, 14:4850.1
-Redetermination requests, 14:4857
-Removal criteria and procedures, 14:4856
-Severability of provisions, 14:4858
-Statutory authority, 14:4850
-Types of historical resources, 14:4852
San Francisco Bay conservation and development
-Dredging and filling to protect historic structures,
14:10704
Ships, definition, 14:10703
HOLLENBECK CANYON WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
HONEY LAKE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
HONKER BAY
Closure to recreational boating,
14:6698.1-14:6698.2
HOOKS AND WEIGHTS
Fishing
See generally FISHING
HOOPA TRIBE
Salmon possession limits, special provisions,
14:5.86
HOPE VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
HOPKINS STATE MARINE RESERVE, 14:632
HORSES
Forest restrictions, 14:1425
Parks and recreation area restrictions, 14:4359
State forest restrictions, 14:1425
HORSESHOE RANCH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
HOUSEBOATS
See also generally BOATS AND BOATING
Definition, 14:10127
HOUSEHOLD APPLIANCES
See APPLIANCES, HOUSEHOLD
HOUSEHOLD WASTES
Garbage
See also WASTE DISPOSAL, subheading: Gar-
bage
-Definition, 14:17225.30
-Storage cans and containers, 14:17315
HOUSEHOLD WASTES-co/7;mi/ea'
Garhage-continued
-Storage cans and connxmers-conlinued
— Identification, 14:17316
—Use, 14:17317
Hazardous wastes
-Collection information form, 14:18831 Appx. A
-Discretionaiy grants
— Agreements. 14:18536
— Amounts, 14:18532
— Applications
Contents, 14:18533
Period, 14:18531
Reviews, 14:18534
—Eligibility, 14:18530
— Payments, 14:18535
— Recipient selection, 14:18534.1
— Terms and conditions, 14:18536.1
-Grants
—Applicability, 14:18504
— Applications, 14:18506
— Definitions, 14:18.502
— Eligibility, 14:18505
— Purpose of rules, 14:18500
Used oil, recycling
See USED OIL RECYCLING PROGRAMS
HOUSING
Agricultural
See AGRICULTURAL LABORERS
Appliances
See APPLIANCES, HOUSEHOLD
Coastal development permits
-Existing structure improvements
— Single-family residences, 14:13250
Environmental Quality Act (CEQA) exemptions,
14:15283
-Low-income housing, 14:15280
HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT
Environmental Quality Act, implementation
-Exempt activities
— Regional housing determinations, 14:15283
HUMBOLDT BAY
Oil spills, harbor safety committees, 14:800-14:802
Oil tanker escort requirements,
14:851.80-14:851.86
HUNTING
Archery
See ARCHERY
Area closed near Sutter National Wildlife Refuge,
14:625
Bait prohibitions, 14:257.5
Big game
-Archery and crossbow equipment regulations
— Archery bear hunting, 14:366
-Bear, 14:365-14:367.5
— License tags, 14:708
-Deer
See also DEER
— Cooperative hunting areas, 14:554
-Feeding prohibited, 14:251.3
-License tags procedures and requirements, 14:708
-Methods authorized, 14:353
-Nelson bighorn sheep, 14:362
— License tags, 14:708
-Pronghom antelope, 14:363
— License tags, 14:708
-Reindeer meat importation and sale, 14:675
-Shooting hours, 14:352
-Wild pig, 14:368
— License tags, 14:708
Canada geese, 14:502
Computer assisted remote hunting, prohibitions,
14:251.9
Definitions
-Bag and possession limit, 14:252
-Big game, 14:350
-Code reaffirmed, 14:255
-Deer, 14:351
-Private wildlife management areas, 14:601
-Resident small game, 14:257
-Season, 14:258
TITLE 14 INDEX
INFORMATION
29
HUm\NG-conlimie(l
Depreciation
-Bobcats, 14:480
-Deer, 14:400
-Migratoi7 game birds, 14:503
-Mountain lions, 14:402
-Permit issuance, 14:401
— Mountain lions, 14:402
Diseased birds or mammals, propagation, sale,
transport, or release prohibitions, 14:680
Dogs
-Training and field trials, 14:677
-Use in pursuit, 14:265
Domesticated migratory gaine bird shooting areas,
14:600.4
Ducks
See DUCKS
Falconry provisions, 14:670
Federally owned lands
-Firearms, archery, and permit requirements,
14:551
-National wildlife refuges, 14:551, 14:552
Feeding of big game mammals prohibited, 14:251.3
Fees for permits, 14:699
Furbearing mammals
-Badger, 14:461
-Beaver, 14:463
-Desert kit fox, 14:460
-Fisher, 14:460
-Gray fox, 14:461
-Hours, 14:466
-Marten, 14:460
-Methods approved for taking, 14:465
-Mink, 14:462
-Muskrat, 14:462
-Raccoon, 14:464
-Red fox, 14:460
-River otter, 14:460
-Trapping
— Body-gripping traps, prohibition on use,
14:465.5
— Geographical prohibitions, 14:465.5
— Penalties, 14:465.5
—Reports, 14:467
— Steel-jawed leg-hold traps, prohibition on use,
14:465.5
— Types of traps, 14:465.5
Game birds
See also Migratory game birds, this heading
-Cold storage, frozen food processing plants,
14:711
-Licensed shooting clubs, 14:600
-Possession, transportation, and importation,
14:251.5, 14:251.7, 14:673
-Transportation off Indian reservations, 14:251.8
-Upland game birds, 14:300
General prohibition, 14:250
Guide licenses, 14:745
Handicapped persons motor vehicle permit for pur-
suing or shooting birds and mammals, 14:251
Harassment of animals prohibited, 14:251.1
Hours, 14:250.5
Licenses
See LICENSING
Mammals
See also Furbearing mammals, this heading
-Cold storage, frozen food processing plants,
14:711
Migratory game birds
-Concurrence with federal Migratory Bird Treaty
Act, 14:509
-Decoys, live bird use prohibited, 14:505
-Depredation, 14:503
-Domesticated migratory game bird shooting areas,
14:600.4
-Duck stamp requirement, 14:510
-Hours, 14:506
-Methods approved, 14:507
-Motorized scull boat prohibition, 14:507.5
-Nontoxic shot requirement, 14:507.1
-Possession, transportation, and importation,
14:504
-Waterfowl, 14:502
Moving vehicles used in hunting
HUNTING-c<9/;7mi/e^
Moving vehicles used in hunung-continued
-Handicapped persons motor vehicle permit,
14:251
-Perniits, 14:251.2
-Prohibition, 14:251
National wildlife refuges, 14:551, 14:552
Night hunting
-Lights, use of, 14:264-14:264.5
-Prohibitions, Monterey and San Benito counties,
14:263
Nongame animals
-American crows, 14:485
-Bobcats
— Depredation, 14:480
—Pelts, 14:479
— Provisions, 14:478
—Tags, 14:478.1
-General provisions, 14:472
-Hours, 14:474
-Methods approved for birds and manunals, 14:475
-Possession of, 14:473
Parks and recreation areas, 14:4313
Permit fees, 14:699
Possession of game birds and maimnals, furbearers,
and nongame animals, 14:251.5
Private lands
-Fish and wildlife management, 14:601
Raptor breeding, 14:678
Recreation area restrictions
-Auburn State Recreation Area, 14:4501
-Frank's Tract State Recreation Area, 14:262,
14:4501
-Harry A. Merlo State Recreation Area, 14:260.5,
14:4501
-Lake Oroville State Recreation Area, 14:260.2,
14:4501
-Lake Perris State Recreation Area, 14:4501
-Open areas, 14:4501
-Perris Reservoir State Recreation Area, 14:260.4
-Picacho State Recreation Area, 14:260, 14:4501
— Gun use prohibited, 14:311.6
-Providence Mountains State Recreation Area,
14:260.1, 14:4501
— Gun use prohibited, 14:311.6
-San Luis Reservoir State Recreation Area,
14:260.3, 14:4501
Resident small game, 14:311
Resident small game birds, 14:300
-Doves, 14:300
-Importation, 14:673
-Upland game birds
— Shooting hours, 14:310.5
Resident small game mairmials
-Jack rabbits, 14:309
-Rabbits and hares, 14:308-14:309
— Gun use prohibited, Los Angeles County,
14:311.7
-Shooting hours, 14:310
-Tree squirrels, 14:307
Safety training, 14:710
State forests, areas closed, 14:1435, 14:1436
Transportation of game animals off Indian reserva-
tions. 14:251.8
Upland game birds, 14:313
Wildlife and public shooting areas, 14:550-14:553
-Archery, 14:551
-Firearms use, 14:551
-General provisions, 14:550
-Heenan Lake, 14:553
-National wildlife refuges, 14:552
-Permit requirements, 14:551
HUNTING DOGS
See DOGS
HYDROELECTRIC PROJECTS
Environmental Quality Act exemptions, 14:15328
HYDROLOGY
See LAKES; RIVERS AND STREAMS; WET-
LANDS
HYGIENE
See SANITATION
IMPERIAL VALLEY
Subsidence caused by geothermal operations.
14:1971
IMPERIAL WILDLIFE AREA
Hunting, firearms, and archer)' equipment use,
14:551
Public use activities, 14:550
IMPORTS
Amphibians and reptiles
-Wild animal restrictions, 14:671-14:671.7
Aquacultural products
-Permit requirements, 14:236
-Transport, possession, and sale for aquacultural
purposes, 14:240
Bass (kelp, sand, and spotted), 14:105
Commercial fishing operations
-Barracuda, inspection clearance, 14:109
-Catfish, prohibitions, 14:171
-Dungeness crabs, live, cooked, whole, or cracked,
14:132
-Salmon, 14:166
-Sardines, 14:157
-Shad, 14:135
-Steelhead trout, 14:135
-Striped bass, 14:135
-Sturgeon, 14:135
-Yellowtail, inspection clearance, 14:109
Deer, fallow, 14:676
Endangered species, prohibitions, 14:783.1
Game birds
-Migratory, 14:504
-Resident, 14:673
Migratory game birds, 14:504
Reindeer meat, 14:675
Resident game birds, 14:673
Salmonidae from Idaho, prohibition, 14:241
Threatened species, prohibitions, 14:783.1
Wild animals
-Humane care and treatment, 14:671.2
-Permits, 14:671.1
-Restrictions, 14:671
-Violations, disposition, 14:671.5
INCINERATION AND INCINERATORS
Definition
-Waste management, 14:17225.33
Residues, waste management definition,
14:17225.34
INDIAN AFFAIRS AND RESERVATIONS
Maidu Tribe, ceremonial fishing in Feather River,
14:8.20
Transportation of game animals off reservations,
14:251.8
INDIAN JOE SPRINGS ECOLOGICAL
RESERVE, 14:630
INDIAN TOM WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
INDIAN VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
INDUSTRIAL ENGINEERS
See generally ENGINEERS
INFECTIOUS WASTES
See also HAZARDOUS WASTES
Treatment, solid waste transfer/processing opera-
tions and {adUlies, 14. 17408.2
Waste management definitions, 14:17225.36
INFORMATION
See ACCESS TO INFORMATION; RECORD-
KEEPING REQUIREMENTS; REPORTING
REQUIREMENTS
30 INFORMATION
CALIFORNIA CODE OF REGULATIONS
\NFORM fiiJ\Oti-coiUinued
Confidential
See CONFIDENTIAL INFORMATION
INJECTION WELLS
Approval, 14:1962
Definition, 14: I960
Filing, notification, operating and testine require-
ments, 14:1724.10
Notice to drill new well or convert existing well,
14:1963
Offshore wells
-Applicability, 14:1748
-Approval required, 14:1748.2
-Data requirements, 14:1748.3
-Waste disposal requirements, 14:1748.1
Project initiation requirements, 14:1961
Proposed projects
-Approval required, 14:1724.6
-Data required, 14:1724.7
-Gas storage, 14:1724.9
-Steam-enhanced recovery, 14:1724.8
Subsequent work, 14:1964
Surveillance, 14:1966
INJURIES
See generally SAFETY
INLAND WATER FISHING
See FISHING
INSECTS
Definition of vector, 14:17225.73
Endangered species prohibitions, exception,
14r783.1
Forest improvement program, 14:1545.9
Logging operations
-Control
— Northern forest district, 14:937.9
— Southern Forest District, 14:957.9
-Disease control
— Coast forest district, 14:917.9
-Emergency notice, 14:1052.3
-Prevention practices
— Coast Forest District, 14:917.9
— Northern Forest District, 14:937.9
— Southern Forest District, 14:957.9
-Recordkeeping requirements
— Coast Forest District, 14:917.11
— Northern Forest District, 14:937.10
— Southern Forest District, 14:957.10
Mosquitos
-Sacramento-San Joaquin Delta land use plan, con-
trol measures, 14:20080
Threatened species prohibitions, exception,
14:783.1
Tire storage and disposal facilities, vector control,
14:17353
INSPECTIONS
Agricultural operations
-Waste management, 14:17821
—Definition, 14:17810.3
Aquaculture
-Disease control, 14:245
-Imports, 14:236
Asbestos containing waste, disposal facilities,
14:17897.20
Boats, parks and recreation provisions, 14:4662
Commercial fishing operations
-Imports from Mexico, yellowtail and barracuda,
14:109
Environmental Quality Act exemptions, 14:15309
Forest improvement program, 14:1536.1
Logging operations
-Fires after felling cessation
— Coast Forest District, 14:918.8
— Northern Forest District, 14:938.8
— Southern Forest District, 14:958.8
-Preharvest inspections, 14:1037
— Santa Cruz County, 14:926.4
Mines
-Surface mines, 14:3504.5
Off-highway motor vehicle recreation grants and
cooperative agreements program, inspections by
Division, 14:4970.21
-Applications received after Jan. 1, 2006,
14:4970.71
INSPECTIONS-to/;///(HeJ
Offshore oil and gas wells
-Plugging and abandonment, 14:1745.10
-Safety and pollution control equipment,
14:1747.10
Oil transfer operations, 14:845-14:845.2
Onshore oil and gas wells
-Plugging and abandonment, 14:1723.7
Recycling operations, 14:2075, 14:2125
Reports
See REPORTING REQUIREMENTS
Solid waste management
-Disposal sites closure, municipal solid waste land-
fill units, 14:17258.60
-Removal equipment. 14:17345
Tire storage and disposal facilities
See SOLID WASTE, subheading: Tires
Tugboats, 14:851.51.1
-Los Angeles/Long Beach Harbor, 14:851.23
-San Francisco Bay Region, 14:851.8
INSURANCE
Barges and tankers
-Oil spill prevention and response, financial
responsibility, 14:795
Timber operators, licensing requirement, 14:1024.5
Tire storage and disposal facilities, 14:18491
-Self-insurance, 14:18492
INTEGRATED SOLID WASTE MANAGEMENT
ACT OF 1989, 14:18010-14:18413
INTEGRATED WASTE MANAGEMENT BOARD
(CIWMB)
Conflict of interest, 14:18419
Electronic waste recycling, 14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
Farm and ranch solid waste cleanup and abatement
grant program, 14:17990-14:17994.3
Local enforcement agencies (LEAs), Board actions
over, 14:18085-14:18088
Nonhazardous ash regulatory tier requirements,
14:17375-14:17379.1
Oil Recychng Enhancement Act
See USED OIL RECYCLING PROGRAMS
Public contracts
-Architects, engineers, etc., 14:17020-14:17029
See also PUBLIC WORKS
SoHd waste cleanup program, 14:18900-14:18932
Unreliable contractors, grantees, or borrowers,
14:17050-14:17062
-Additional redress or corrective action, 14:17062
-Appeal to Board, 14:17055
— Pending award, 14:17059
-Declarations of applicants, 14:17060
-Final finding of Executive Director, 14:17056
-Finding of unreliability by Executive Director,
14:17054
-Grounds for placement on list, 14:17050
-Hearings, 14:17057
-Prohibition of award of contract, grant, or loan,
14:17051, 14:17052
-Reconsideration, 14:17058
-Subcontractors, prohibitions, 14:17052, 14:17053
Waste tire haulers
-Electronic or Web-based reports, 14:18459.1.2,
14:18459.2.1
-Hearings, registration denial, suspension or revo-
cation, 14:18458
INTEGRATED WASTE MANAGEMENT PLANS
Agencies
-Disposal reporting requirements,
14:18812-14:18812.11
Countywide and regional agency plans
-Administration, 14:18757.3
-Definitions, 14:18757
-Financing, 14:18758
-General requirements, 14:18757
-Household hazardous waste elements
— Summary plan description, 14:18757.7
-Nondisposal facility elements
— Summary plan description, 14:18757.7
-Policies, 14:18757.1
-Summary plan description
INTEGRATED WASTE MANAGEMENT
PLAtiS-continued
Countywide and regional agency plans-continued
-Summary plan descnption-continued
— Solid waste management practices, 14:18757.5
Definitions. 14:18720
-Adjusted base-year tonnage calculation,
" 14:18797.1
-Countywide and regional agency plans, 14:18757
-Disposal reporting requirements, 14:18801
-Household hazardous waste elements, 14:18751.1
-Siting elements, 14:18755
-Source reduction and recycling elements,
14:18720
Disposal reporting requirements
-Agencies, 14:18812-14:18812.11
— Alternative reporting systems, 14:18812.8
—Noncompliance, 14:18812.11
—Origin of waste, 14:18812.5-14:18812.7
—Records, 14:18812.4
—Reports, 14:18812.9-14:18812.10
—Training, 14:18812.3
-Definitions, 14:18801
-Districts, 14:18814-14:18814.11
— Alternative reporting systems, 14:18814.8
— Noncompliance, 14:18814.11
—Origin of waste, 14:18814.5-14:18814.7
—Records, 14:18814.4
—Reports, 14:18814.9-14:18814.10
— Scales and weighing requirements, 14:18814.2
—Signage, 14:18814.1
—Training, 14:18814.3
-Haulers, 14:18808-14:18808.11
— Alternative reporting systems, 14:18808.8
— Determining origin, 14:18808.7
— Identifying jurisdiction of origin, 14:18808.5
— Noncompfiance, 1 4:1 8808. iT
—Origin surveys, 14:18808.6
— Public contract haulers
Reports, 1 4: 1 8808.9- 1 4: 1 8808. 1 0
—Training, 14:18808.3
—Records, 14:18808.4
-Jurisdictions, 14:18813-14:18813.11
— Alternative reporting systems, 14:18813.8
—Noncompfiance, 14:18813.11
—Origin of waste, 14:18813.5-14:18813.6
—Records, 14:18813.4
—Reports, 14:18813.9-14:18813.10
—Training, 14:18813.3
-Landfills, 14:18810-14:18810.11
— Alternative reporting systems, 14:18810.8
— Identifying jurisdiction of origin, 14:18810.5
—Noncompliance, 14:18810.11
— Origin, determining, 14:18810.7
— Origin surveys, 14:18810.6
—Records, 14:18810.4
—Reports, 14:18810.9-14:18810.10
— Scales and weighing requirements, 14:18810.2
—Signage, 14:18810.1
—Training, 14:18810.3
-Noncompliance, 14:18804
-Soil, use as cover, 14:18801.1
-Stations, 14:18809
— Alternative reporting systems, 14:18809.8
— Identifying jurisdiction of origin, 14:18809.5
—Noncompliance, 14:18809.11
— Origin, determining, 14:18809.7
—Origin surveys, 14:18809.6
—Records, 14:18809.4
—Reports, 14:18809.9-14:18809.10
— Scales and weighing requirements, 14:18809.2
—Signage, 14:18809.1
—Training, 14:18809.3
-Transformation facilities, 14:18811
— Alternative reporting systems, 14:18811.8
— Noncompfiance, 14:18811.11
—Origin of waste, 14:18811.5-14:18811.7
—Records, 14:18811.4
—Reports, 14:18811.9-14:18811.10
— Scales and weighing requirements, 14:1881 1.2
—Signage, 14:18811.1
—Training, 14:18811.3
Disposal reporting system, 14:18800-14:18814.11
Districts
TITLE 14 INDEX
JAPANESE BEETLES
31
INTEGRATED WASTE MANAGEMENT
PLANS-cf^/77//7(/f;(/
Disincts-continucfl
-Disposal reporting requirements,
I4:18814-14:i8814.ll
Exemptions, 14:17402.5
Haulers
-Disposal reporting requirements, 14:18808
Household hazaidous waste elements, 14:18750
See also Source reduction and recycling elements,
this heading
-Annual report requirements,
14:18794.0-14:18794.3
-Definitions, 14:18751.1
-Education and public information component,
14:18751.7
-Existing conditions description, 14:18751.2
-Funding component, 14:18751.8
-Goals and objectives, 14:18751.1
-Monitoring and evaluation of program,
14:18751.6
-Nondisposal facilities, 14:18752-14:18754.5
— Existing conditions description, 14:18753
Outside jurisdiction, 14:18753.5
Transfer stations, 14:18754, 14:18754.5
— Scope of regulations, 14:18752
— Transfer stations
Existing conditions description, 14:18754,
14:18754.5
-Preparations and revisions by cities and counties,
14:18760-14:18775.4
—Approval by Board, 14:18770.5
— Biennial review, 14:18772
— Element preparation, 14:18762
— Final draft, review, 14:18765
— Preliminary draft
Circulation for review, 14:18763
Review of, 14:18764
— Public participation, notice, adoption, 14:18766
—Submission, 14:18767, 14:18768
-Program alternatives, evaluation of, 14:18751.3
-Program implementation, 14:18751.5
-Program selection, 14:18751.4
-Scope, 14:18750
-Specific requirements, 14:18751
Jurisdictions, disposal reporting requirements,
14:18813-14:18813.11
Landfills, disposal reporting requirements,
14:18810-14:18810.11
Nondisposal facility elements
-Annual report inclusion requirements,
14:18794.0-14:18794.3
-Preparations and revisions by cities and counties
—Approval by Board, 14:18770.5
— Element preparation, 14:18762
— Final draft, review, 14:18765
— Public participation, notice, adoption, 14:18766
--Submission, 14:18767, 14:18768
Reporting requirements
-Annual reports, 14:18794.0-14:18794.6
-Disposal reporting
See Disposal reporting requirements, this head-
ing
Siting elements, 14:18755-14:18756.7
-Annual report inclusion requirements, 14:18794.4
-Definitions, 14:18755
-Disposal capacity requirements, 14:18755.3,
14:18756.5
-Facilities
— Description
Existing facilities, 14:18755.5
New facilities, 14:18756.1
— Expansion requirements, 14:18756
— Local jurisdiction requirements, 14:18756.3
—Location, 14:18756.1
--New facilities, establishment of, 14:18756
-General requirements, 14:18755
-Implementation, 14:18756.7
-Policies, 14:18755.1
Source reduction and recycling elements
-Adjusted base-year tonnage calculation,
14:18797.0-14:18797.4
— Adjustment factors, 14:18797.2
—Calculation, 14:18797.3
INTEGRATED WASTE MANAGEMENT
PLANS-i:ontinued
Source reduction and recycling dcmcMs-conlinued
-Adjusted base-year tonnase csi\cu\ation-cuntiniied
—Definitions, 14:18797.1"
— Scope and purpose. 14:18797.0
-Annual reports, 14:18794.0-14:18794.6
— Area-of-concern, 14:18794.6
—Calculations, 14:18794.1, 14:18794.2
— Conditionally approved planning documents,
14:18794.6
—Due dates, 14:18794.0
— General requirements, 14:18794.0
— Qualifying conditions for Board-approved reduc-
tion petitions, 14:18794.5
— Siting element and summary plan status,
14:18794.4
— SRRE/NDFE and HHWE implementation,
14:18794.3
-Composting component, 14:18736
— Description, 14:18736.2
--Objectives, 14:18736.1
— Program, selection of, 14:18736.4
— Program alternatives, evaluation of, 14:18736.3
-Definitions
— Adjusted base-year tonnage calculation,
14:18797.1
— Dispo.sal reporting system, 14:18801
-Disposal reporting system, 14:18800-14:18814.11
See also Disposal reporting requirements, this
heading
-Diversion requirements
—Reductions, 14:18775
— Use of excluded waste types for baseline credit,
14:18775.4
-Education and public information component,
14:18740
-Exemptions, 14:18775
-Funding component, 14:18746
-Goals and objectives, 14:18731
-Integration component, 14:18748
-Local SRR element
—Adoption of, 14:18766
— Biennial review, 14:18772
— Extension for diversion requirements, 14:18774,
14:18774.5
— Notice, 14:18766
— Public participation, 14:18766
— Resubmittal, 14:18770
-Local SRR element-city
— Board, presentation to, 14:18768
— Board approval, 14:18769
— County, presentation to, 14:18767
-Local SRR element-county
—Approval, 14:18785
— Final draft siting plan
Adoption of. 14:18783
Preparation of, 14:18780
Public hearing, 14:18782
Review by Local Task Force, 14:18781
— Five-year review, 14:18788
— Local task force, role of, 14:18777
— Plan, preparation of, 14:18776
— Preliminary draft siting plan
Preparation of, 14:18779
Public participation in, 14:18778
Review of, 14:18779
—Resubmittal of, 14:18786
— Siting element, 14:18776
—Submittal of, 14:18784
-Model component format, 14:18733
— Evaluation of alternatives, 14:18733.3
— Existing conditions description, 14:18733.2
— Implementation, 14:18733.5
— Monitoring and evaluation, 14:18733.6
—Objectives, 14:18733.1
— Program selection, 14:18733.4
-Preparations and revisions by cities and counties
— Applicability, 14:18760
— Element preparation, 14:18762
— Final draft SRR element, review of, 14:18765
—Local task force (LTF), 14:18761
— Preliminary draft SRR element
Circulation for review, 14:18763
INTEGRATED WASTE MANAGEMENT
PLANS-conliiiiied
Source reduction and recycling elements-co;////;«e(r/
-Preparations and revisions by cities and coun-
ties-cuntinued
— Preliminary draft SRR dcmcnl-continiied
Review of, 14:18764
-Recycling component
—Description, 14:18735.2
—Objectives, 14:18735.1
— Program, selection of, 14:18735.4
— Program alternatives, evaluation of, 14:18735.3
— Program implementation, 14:18735.5
— Specific requirements, 14:18735
-Scope, 14:18730
-Sludge diversion, 14:18775.2
-Solid waste facility capacity component, 14:18744
-Solid waste generation analysis, 14:18732
-Solid waste generation studies
— Additional requirements, 14:18724
— Requirements, 14:18722
—Revised SRR elements, 14:18726
— Sampling guidelines, 14:18726 Appx. 1
-Source reduction component
—Description, 14:18734.2
—Objectives, 14:18734.1
— Program alternatives, evaluation of, 14:18734.3
— Specific requirements, 14:18734
-Special waste component, 14:18737
—Descriptions, 14:18737.2
—Objectives, 14:18737.1
-Summary plan description, 14:18757.7
Stations, disposal reporting requirements,
14:18809-14:18809.11
Summary plan description
-Household hazardous waste elements, 14:18757.7
-Nondisposal facility elements, 14:18757.7
-Source reduction and recycling elements,
14:18757.7
Transformation facilities, disposal reporting
requirements, 14:18811-14:18811.11
INTEREST
Recycling market development loans, 14:17934.5
INTERNAL COMBUSTION ENGINES
Motor vehicles
See generally MOTOR VEHICLES
INTERNATIONAL TRADE
See IMPORTS
INTERNET
Environmental impact reports
-Notice of determination on negative declaration
projects, 14:15075
Fishing, prohibitions, 14:2.45
Hunting, prohibitions, 14:251.9
Waste tire haulers, reports, 14:18459.1.2
INVERTEBRATES
Fish and game provisions, 14:29.05-14:29.90
-Permits, 14:123
IRVINE COAST STATE MARINE PARK, 14:632
JACK RABBITS
Hunting, 14:309
See also RABBITS
JAGUARS
See generally WILD ANIMALS
JAMESBURG HAZARDOUS FIRE AREA
Geographic boundaries, 14:1205.1
JAMES V. FITZGERALD STATE MARINE
PARK, 14:632
JAPANESE BEETLES
See generally INSECTS
32 JUDITH ROCK STATE MARINE RESERVE
CALIFORNIA CODE OF REGULATIONS
JUDITH ROCK STATE MARINE RESERVE,
J 4:632
JULIA PFEIFFER BURNS STATE MARINE
CONSERVATION AREA, 14:632
K
KELP
Commercial harvesting operations
-Leased beds, 14:165.5
-License provisions, 14:165
-Monthly report, 14:245 Appx. A
Non-commercial use provisions, 14:30.00
KELP GREENLING
Bag and possession provisions, 14:28.29
KELSO PEAK AND OLD DAD MOUNTAINS
WILDLIFE AREA
Public use activities, 14:550
KERMAN ECOLOGICAL RESERVE, 14:630
KERN COUNTY
Hazaidous tire areas
-Kings, 14:1204.3
-Western Fresno, 14:1204.3
KERN NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
KING CLONE ECOLOGICAL RESERVE, 14:630
KINGS COUNTY
Hazaidous fire areas
-Kings, 14:1204.3
-Western Fresno, 14:1204.3
KINGS HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.3
KINSMAN FLAT WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
KITCHEN APPLIANCES
See APPLIANCES, HOUSEHOLD
KNOXVILLE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LABELING AND PACKAGING
Beverage containers, recycling requirements,
14:2200
Oil spill cleanup agents, 14:885.8
LABORATORIES
Animals, care and treatment, 14:671.3
LA GLORIA HAZARDOUS FIRE AREA
Geographic boundaries, 14:1205.2
LAGOONS
Agricultural wastes, management practices,
14:17824
Crustaceans, tidal waters
-Bag and possession provisions, 14:5.45
LAGUNA BEACH STATE MARINE PARK,
14:632
LAGUNA ECOLOGICAL RESERVE, 14:630
LAGUNA LAUREL ECOLOGICAL RESERVE,
14:630
LAGUNA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
LAGUNA WILDLIFE fKREA-conlinuecl
Public use activities, 14:550
LA JOLLA STATE MARINE CONSERVATION
AREA, 14:632
LAKE ALMANOR HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.6
LAKE BERRYESSA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LAKE COUNTY
Fishing, special methods, 14:2.11
Scenic Combining District, timber operations,
14:945-14:945.5
-Applicability of mles, 14:945
-Definitions, 14:945.2
-Emergency notices, 14:945.5
-Exemptions, 14:945.5
-Harvesting requirements, 14:945.3
-Hours of operation, 14:945.4
-Purpose, 14:945.1
LAKE DAVIS
Rotenone treatment to eradicate Northern Pike,
14:721
LAKE EARL WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LAKE MATHEWS ECOLOGICAL RESERVE,
14:630
LAKE OROVILLE STATE RECREATION AREA
Hunting
-Open areas, 14:4501
-Restrictions, 14:260.2
LAKE PANOCHE RESERVOIR WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LAKE PERRIS STATE RECREATION AREA
Hunting, open areas, 14:4501
LAKES
Aquacultural product stocking, restrictions,
14:238.5
Chaparral management program, 14:1569.2
Definition
-Fish and Game Commission, 14:1.56
Dredging
-Permit requirements, 14:228
-Restrictions, 14:228.5
Fishing
See FISHING, subheading: Inland waters
Forest improvement program, 14:1545.1
Oil spill cleanup agents, use of, 14:886.1
Protection from logging operations
-Alternative measures
— Coast Forest District, 14:916.6
— Northern Forest District, 14:936.6
— Southern Forest District, 14:956.6
-Beneficial uses of water
— Coast Forest District, 14:916.2
— Northern Forest District, 14:936.2
— Southern Forest District, 14:956.2
-Coho salmon protections
—Coast Forest District, 14:916.9.1-14:916.9.2,
14:916.11.1
Roads and landings, 14:923.9.1-14:923.9.2
— Northern Forest District, 14:936.9.1-14:936.9.2
Monitoring, 14:936.11.1
Roads and landings, 14:943.9.1-14:943.9.2
-Domestic water supply
— Coast Forest District, 14:916.10
— Northern Forest District, 14:936.10
— Southern Forest District, 14:956.10
-Erosion control
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southern Forest District, 14:956.7
-Evaluation of mitigations and practices
— Coast Forest District, 14:916.11
LAKES-<:'o«///u/e^
Protection from logging operations-co/)//«iye(^
-Evaluation of mitigations and pvactices-contimied
— Northern Forest District, 14:936.11
— Southern Forest District, 14:956.11
-Federal Clean Water Act listed watersheds
— Coast Forest District, 14:916.12
— Northern Forest District, 14:936.12
— Southern Forest District, 14:956.12
-General limitations
— Coast Forest District, 14:916.3
— Northern Forest District, 14:936.3
— Southern Forest District, 14:956.3
-In lieu practices
— Coast Forest District, 14:916.1
— Northern Forest District, 14:936.1
— Southern Forest District, 14:956.1
-Protection zone width determination
— Coast Forest District, 14:916.5
— Northern Forest District, 14:936.5
— Southern Forest District, 14:956.5
-Purpose of rules
— Coast Forest District, 14:916
— Northern Forest District, 14:936
— Southern Forest District, 14:956
-Requirements
— Coast Forest District, 14:916.4
— Northern Forest District, 14:936.4
— Southern Forest District, 14:956.4
-Sensitive watersheds
— Coast Forest District, 14:916.8
— Northern Forest District, 14:936.8
— Southern Forest District, 14:956.8
-Threatened or impaired values of watersheds
— Coast Forest District, 14:916.9, 14:923.9
— Northern Forest District, 14:936.9, 14:943.9
— Southern Forest District, 14:956.9, 14:963.9
State forests, pollution prohibited, 14:1422
LAKE SONOMA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LAKE TAHOE
Conservancy
See TAHOE CONSERVANCY
Timber harvesting plan exemptions, 14:1038
LAMPREYS
Bag and possession provisions, 14:5.40
LAND AND WATER CONSERVATION FUND
ACT, 14:4900-14:4920
LAND CONSERVATION
Agricultural land stewardship program,
14:3000-14:3015
-Definitions, 14:3000
-Easements
— Enforcement, 14:3014
— Potential impact on neighboring lands. 14:3012
—Transfer, 14:3015
-Eligibility, 14:3010
-Fee interest, temporary purchase, 14:3013
-Local government support, 14:3011
-Real estate appraisal, 14:3010
Coastal conservancy
See COASTAL CONSERVANCY
Definitions, 14:14100-14:14102
State payments
-Adjustments, 14:14118
-Application reports
— Accompanying materials, 14:14111
—County filing, 14:14110.1
—Filing, 14:14110
— Incomplete records, 14:14115
-Cancellation fee waivers, 14:14125
-Certifications, 14:14117
-Eligibility, 14:14112
—Hearings, 14:14120
— Review by Resources Secretary, 14:14116
-Enforcement actions, 14:14119
-Entitlement computation, 14:14113
— Retention, 14:14114
-Ineligibility, 14:14119
TITLE 14 INDEX
LAND USE
33
LAND DEVELOPMENT
Coastal zones
See generally COASTAL ZONES
Environmental Quality Act exemptions, 14:15304,
l4:153L'i
Off-highway motor vehicle recreation areas, devel-
opment projects, 14:4970.05
-Applications received after Jan. 1, 2006,
14:4970.55
San Francisco Bay Area
See SAN FRANCISCO BAY AND BAY AREA,
subheading: Conservation and development
Zoning
See ZONING
LANDFILLS
See also generally WASTE MANAGEMENT
Ash, nonhazardous waste disposal, 14:17378.1
Closure and postclosure
-Airports, landfills located near, 14:17258.16
-Municipal solid waste landfill units
— Airports, landfills located near. 14:17258.16
—Criteria, 14:17258.60
— Maintenance, 14:17258.61
— Recordkeeping requirements, 14:17258.29
Composting facilities, siting on, 14:17865
Contaminated soil operations and facilities, on,
14:17364.1
Financial responsibility, closure of sites
See Closure and postclosure, this heading
Loan guarantees
-Amount limitations, 14:18403
-Applications
—Board actions, 14:18409
—Fees, 14:18408
-Conditions, 14:18413
-Criteria, 14:18401
-Default claim procedures, 14:18411
-Definitions, 14:18400
-Fund audits, 14:18410
-Interest, 14:18407
-Percentage of principal balance, 14:18405
-Period, 14:18404
-Priorities, 14:18402
-Reserve ratio, 14:18406
-Terms, 14:18412
Municipal solid waste landfill units
-Air criteria, 14:17258.24
-Airports and location of landfills
—Safety standards, 14:17258.10
-Burning wastes, prohibitions, 14:17258.24
-Closure and postclosure
— Airports, landfills located near, 14:17258.16
—Criteria, 14:17258.60
— Maintenance, 14:17258.61
— Recordkeeping requirements, 14:17258.29
-Corrective action program
— Financial assurance, 14:17258.73
— Mechanisms, 14:17258.74
-Disposal requirements for cover material,
14:17258.21
-Explosive gases control, 14:17258.23
-Gas monitoring, 14:17258.23
— ^Recordkeeping requirements, 14:17258.29
-PCB wastes, 14:17258.20
-Recordkeeping requirements, 14:17258.29
-Restrictions on regulated wastes, 14:17258.20
-Standards, 14:17258.1-14:17258.74
Solid wastes
See Municipal solid waste landfill units, this head-
ing
Transfer/processing operations and facilities
-Siting, on, 14:17406.1
LANDSCAPE ARCHITECTS
Alquist-Priolo earthquake zones. Mining and Geol-
ogy Board services contracts, 14:3604-14:3614
Boating and Waterways Department services con-
tracts, 14:8100-14:8100.13
Fish and game department contracts,
14:789.0-14:789.6
Mining and Geology Board services contracts
-Alquist-Priolo earthquake zones, 14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
LANDSCAPE ARCHITECTS-conrwi/eo'
Oil. Gas, and Geothermal Resources Division, con-
tracting, 14:1690-14:1699
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process,
14:14021-14:14032
San Joaquin River Conservancy, selection process,
14:25001-14:25012
Seismic hazards mapping. Mining and Geology
Board services contracts, 14:3726-14:3736
Surface mining and reclamation. Mining and Geol-
ogy Board services contracts, 14:3920-14:3930
LANDSLIDES
Solid waste
-Emergency waiver of standards,
14:17210-14:17210.9
-Exclusion from debris disposal regulations,
14:17388.2
LAND SURVEYORS
Alquist-Priolo earthquake zones. Mining and Geol-
ogy Board services contracts, 14:3604-14:3614
Boating and Waterways Department services con-
tracts, 14:8100-14:8100.13
Coastal conservancy contracts, 14:13870-14:13893
See also COASTAL CONSERVANCY, subhead-
ing: Contracts for private services
Fish and game department contracts,
14:789.0-14:789.6
Integrated waste management board contracts,
14:17020-14:17029
Mining and Geology Board services contracts
-Alquist-Priolo earthquake zones, 14:3604-14:3614
-Seismic hazards mapping, 14:3726-14:3736
-Surface mining and reclamation, 14:3920-14:3930
Oil, Gas, and Geothermal Resources Division, con-
tracting, 14:1690-14:1699
Owls, northern spotted, habitats, 14:919.9, 14:939.9
Parks and recreation department contracts,
14:4725-14:4736
Public works
See PUBLIC WORKS, subheading: Architects,
engineers, etc., contracting with
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy, selection process,
14:14021-14:14032
San Joaquin River Conservancy, selection process,
14:25001-14:25012
Seismic hazards mapping. Mining and Geology
Board services contracts, 14:3726-14:3736
Surface mining and reclamation. Mining and Geol-
ogy Board services contracts, 14:3920-14:3930
LAND USE
See also ZONING
Agricultural land stewardship program,
14:3000-14:3015
Coastal plans
-Amendments
— Prior to Commission action, 14:13536
-Commission actions
— Additional hearings, 14:13530
— Certification, 14:13540
Effective dates, 14:13544.5
Effects, 14:13545.5
— Final actions, 14:13537
— Resubmittal if certification is refused, 14:13541
—Staff analysis, 14:13531
— Staff recommendations, 14:13532
Comments by local government, 14:13533
— Voting
Absentees, 14:13539
Procedures, 14:13538
— Withdrawals or postponements, 14:13535
Delta Protection Act, 14:20030-14:20110
-Agricultural use, 14:20060, 14:20070
— Environmental protection, 14:20040
-Air transportation, 14:20050
-Appeals from local government decisions,
14:20000-14:20013
— Commission receipt of appeal, 14:20004
—Contents, 14:20002
— Decision, 14:20011
— De novo review, 14:20006
—Effect of, 14:20005
LAND [iSE-c:ontiniied
Delta Protection Acl-continued
-Appeals from local government deci-
s'\ons-i:ontiniied
—Evidence, 14:20010
— Ex parte contacts, 14:20013
—Filing, 14:20002
—Grounds, 14:20003
—Hearings, 14:20008-14:20010
— Jurisdiction of commission/appealable issues,
hearing, 14:20008
— Merits, hearing, 14:20009
— Notification of commission action, 14:20012
—Purpose of rules, 14:20000
—Standard of review, 14:20007
—Time for, 14:20001
-Boater education and safety programs, 14:201 10
-Bridges, 14:20050
-Infrastnicture, 14:20050
-Levees, 14:20100
-Marine patrols, 14:20110
-Mosquito control. 14:20080
-Nonagricultural uses, 14:20060
-Purpose and overview, 14:20030
-Recreational facilities, 14:20090
-Roads, 14:20050
-Sewage treatment facilities, 14:20050
-Solid waste disposal, 14:20050
-Utilities, 14:20050
-Water and wastewater treatment, 14:20050
-Water quality, 14:20080
-Wildlife habitats, 14:20040
Development perinits
-Appeals to Coastal Commission prior to local pro-
gram certification
— Commission notification of final action,
14:13343
— Commission procedures, 14:13332
— De novo review, 14:13336
—Effects, 14:13334
—Evidence, 14:13341
—Filing, 14:13333
— Final local action notice, 14:13331
—Grounds, 14:13335
— Purpose of rules, 14:13330
— Qualifications to testify, 14:13340
— Remand to local government, 14:13339
— Review standard, 14:13342
— Substantial issue determination, 14:13337
—Withdrawals, 14:13338
Environmental Quality Act exemptions, 14:15305
-Forestry Department projects, 14:1662
Local coastal programs
-Administrative permits
—Amendments, 14:13328.9
—Appeals, 14:13328.8
— Applications
Copies, 14:13328.3
Notification, 14:13328.4
Qualifications, 14:13328.2
Statement, 14:13328.1
— Criteria and contents, 14:13328.5
— Purpose of rules, 14:13328
— Refusal to grant, 14:13328.6
— Report to local government, 14:13328.7
-Amendments
— Certified programs
Contents, 14:13552
Designation of minor amendment, 14:13555
Filing reviews, 14:13553
Local government resolution, 14:13551
Minor amendment defined, 14:13554
— Override procedures
Applicability, 14:13666
Commission reviews, 14:13666.3
Information requirements, 14:13666.1
Required findings, 14:13666.4
Submittals, 14:13666.2
— Prior to Commission action, 14:13536
-Areas affected
— Boundary determinations, 14:13577
—Maps, 14:13576
-Commission actions
— Certification, 14:13540
34
LAND USE
CALIFORNIA CODE OF REGULATIONS
LAND \JSE-contiiiiied
Local coastal pTOgTiims-c:oiitiinied
-Commission aci\ons.-coiilimied
— Cerlification-t:o/;///a/efl'
Effective dates, 14:13544
Effects, 14:13545
— Final actions, 14:13537
— Incomplete permit review, 14:13546
— Resubmittal if ceilification is refused, 14:13541
—Staff analysis. 14:13531
— Staff recommendation, 14:13532
Comments by local government, 14:13533
— Voting
Absentees, 14:13539
Procedures, 14:13538
— Withdrawals or postponements, 14:13535
-Definitions, 14:13502
-Emergency permits
—Applications. 14:13329.1
— Criteria for granting, 14:13329.3
—Definition, 14:13329
— Reports to local government, 14:13329.4
— Verification of emergency, 14:13329.2
-Environmental impact reports
— Review and comments, 14:13557
—Effects, 14:13558
— Submissions, 14:13559
-Implementation
— Appealable developments
Continued hearing notice, 14:13567
Hearings, 14:13566
Notices, 14:13565
— Determination of notice and hearing procedures,
14:13569
— Existing local procedures, 14:13563
— Local government actions
Effective dates, 14:13572
Exhaustion of appeals, 14:13573
Finality, 14:13570
Notices. 14:13571
— Non-appealable developments
Notice, 14:13568
— Open space easement and public access docu-
ments, 14:13574
—Purpose of rules, 14:13500, 14:13560
-Issue identification
— Commission reviews, 14:13504
—Methodology, 14:13503
-Ports
— Amendments to master plan
After certification, 14:13636
Minor amendments, 14:13637
Prior to certification, 14:13634
—Applicability, 14:13600
— Boundary maps, 14:13601
— Delineation as wetland, estuary, or recreation
area, 14:13610
— Environmental impact reports
Effects of comments, 14:13648
Non-appealable developments, 14:13647
Review and comments, 14:13645
Submissions, 14:13646
— Master plans
Appeals, 14:13640, 14:13641
Certifications, 14:13632
Completion notice, 14:13626
Contents, 14:13625
Hearings, 14:13627, 14:13630
Informal Commission reviews, 14:13629
Rejections, 14:13635
Staff reports, 14:13631
Submissions, 14:13628
Withdrawals or postponements, 14:13633
— Pre-certification permits, 14:13620
-Preparation
— Alternative methodology, 14:13514
— Commission preparation requests, 14:13507
— Methodology, 14:13511
— Public access component, 14:13512
— Separate geographic units, 14:13506
— Uses of more than local importance, 14:13513
-Public participation and agency coordination,
14:13515
-Reviews
LAND USE-i:onliiiLied
Local coastal programs-(;v7/;//ni/ec/
-Re\'\ews-con tinned
— Commission reviews, 14:13517, 14:13542
—Hearings, 14:13522. 14:13526
— Public comment distribution. 14:13525
— Staff recommendations, 14:13528
—Staff review, 14:13516
— Substantial issue determinations, 14:13529
— Summaries, 14:13523
— Written notice, 14:13524
-State or federal funding, 14:13505
-Submittals
—Contents, 14:13519
— Filing reviews, 14:13520
— Resolutions, 14:13518
Mining considerations, 14:3676
University and college long range development
plans
See UNIVERSITIES AND COLLEGES
LANGUAGE REQUIREMENTS
Electronic waste recycling
-Consumer information, 14:18660.42
Enviionmental impact reports, plain laneuage use,
14:15140
Oil spill contingency plans, 14:815.07
LARKSPUR
Boardwalk area
-Exclusion from Bay Conservation and Develop-
ment Commission jurisdiction, 14:10132
— Notice, 14:11721 Appx. A
LASSEN COUNTY
Hazardous fire areas
-Harvey, 14:1203.7
Youth fishing derby, Susan River, 14:8.10
LAW ENFORCEMENT AGENCIES
Off-highway motor vehicle recreation area grant
projects, 14:4970.08
-Applications received after Ian. 1 , 2006,
14:4970.58
Vessel requirements, 14:6590
-Blue light, 14:6591
-Sound level meter, 14:6592
LEASES
Aquaculture, State water bottoms, 14:237
Environmental Quality Act exemptions, 14:15327
Kelp beds, commercial fishing operations, 14:165.5
LEOPARD SHARK
Bag and possession provisions, 14:28.56
LEVEES
Sacramento-San Joaquin Delta land use plan,
14:20100
LICENSING
See also CERTIFICATES AND CERTIFICA-
TION
Commercial fishing operations
-Aquatic plant harvesting, 14:165
-Crayfish, 14:116
-Live freshwater bait fish, 14:200-14:200.31
Driving
-Pismo Dunes State Vehicular Recreation Area,
special provisions, 14:4610
Falconry, 14:670
Fish and game
See also PERMITS, subheading: Fishing; PER-
MITS, subheading: Hunting
-Application procedure, 14:705
-Automated license data system, 14:700.4-14:700.5
-Fees, 14:699
—Hunting, 14:702
-Issue date, 14:707
-Possession requirements, 14:700
-Revocation or suspension, 14:746
-Validation, 14:706
For-hire vessels
-Definitions, 14:7500
-Examination requirements, 14:7501
-Investigations, 14:7505
-Processing time periods, 14:7501.1
-Provisions affecting use, 14:7504
-Refusal to issue, 14:7502
LICENSING-tort///u(c^
For-hire vessds-conlinued
-Renewals, 14:7503
Fur dealers and agents, 14:696
Hunting
-Application, 14:705
-Big game
—Deer tags, 14:360-14:361
—Elk, 14:364
— Pronghom antelope, 14:363
-Bobcats, 14:478-14:479
-Date issued, 14:707
-Domesticated migratory game bird shooting areas,
14:600.4
-Duck stamp requirement. 14:510
-Fees, 14:699, 14:702
-Fur dealer and agent, 14:696
-Game bird shooting clubs, 14:600
-Guides, 14:745
-Private lands, 14:601
-Required, 14:700
-Signed and validated, 14:706
-Suspension or revocation, 14:745.5, 14:746
-Tag number, 14:707
-Trapping
—Bobcats, 14:478
— Furbearing mammals
Provisions, 14:465.5
Reporting requirements, 14:467
Logging operations
-Apphcation
— Form and content, 14:1024
— Processing, 14:1024.3
— Returned checks, 14:1024.4
-Availability, 14:1029
-Board authority delegated, 14:1020
-Change of Hcensee address, 14:1030
-Corporations and partnerships, 14:1023.1
-Definition, 14:1022
-Denials, 14:1027
—Basis, 14:1027.1
— Partnerships and corporations, 14:1027.2
-Education programs, 14:1024.1
-Erosion control, 14:1022.3
-Fees, 14:1025
-Insurance requirements, 14:1024.5
-Issuance, 14:1023
-Limited license for minor forest products,
14:1022.1
-Multiple licenses, 14:1027.3
-Qualifying experience, 14:1024.2
-Renewals, 14:1026
-Site preparation, 14:1022.2
-Timber operator responsibility, 14:1035.3,
14:1051
Marine aquaria receivers, 14:188
Meat and meat processing
See MEAT AND MEAT PROCESSING
Oil spill cleanup agents, 14:885.1-14:885.9
Registered professional foresters
See FORESTERS
Timber operators
See Logging operations, this heading
Yacht and ship brokers
-Advertising, 14:7602
-Bond or deposit, 14:7614
-Branch offices, 14:7617
-Coercive and oppressive methods, 14:7615
-Corporations and partnerships, 14:7613
-Definite place of business, 14:7616
-Definitions, 14:7601
-Examination, 14:7607
-Fees, 14:7606
-Government office assumption, 14:7621
-Identification card, 14:7618
-Investigative authority, 14:7603
-Offers to purchase vessel, 14:7623
-Processing time periods, 14:7606.1
-Property taxes, 14:7622
-Qualifications, 14:7608
-Record retention, 14:7620
-Reinstatement, 14:7609
-Renewal failure penalties, 14:7610
-Salesman relationship agreement, 14:7619
TITLE 14 INDEX
LOGGING AND SAWMILLS 35
UCENSWG-continiied
Yacht and ship hwkcvs-continued
-Shared hstings, 14:7605
-Trusl accounts, 14:7604
Yacht and ship salesmen
-Restrictions, 14:7612
-Temporary license, 14:761 1
LIGHTING
Solid waste facilities, 14:17416.2
LIGHT OIL
See generally OIL AND GAS
LILY GAP-WHITE PINES HAZARDOUS FIRE
AREA
Geographic boundaries, 14:1204.7
LIMESTONE SALAMANDER ECOLOGICAL
RESERVE, 14:630
LINGCOD
Bag and possession provisions, 14:28.27, 14:28.65
Fishing management areas, 14:150.06
LIQUID HAZARDOUS WASTES
See generally HAZARDOUS WASTES
LITIGATION
Appeals
See APPEALS
Environmental impact reports
-Conditional permits, 14:15233
-Document adequacy, 14:15231
-Hearing requests, 14:15232
-Time limits and criteria, 14:15230
LIITER
Cal-Expo rules, 14:4952
Definition
-Sueet refuse, 14:17225.71
-Waste management, 14:17225.42, 14:17225.59
Parks and recreation areas, 14:4310
Solid waste transfer/processing operations and
facilities, 14:17408.1
LITTLE BUTTE ECOLOGICAL RESERVE,
14:630
LIITLENECK CLAMS
Bag and possession provisions, 14:29.35
LITTLE RED MOUNTAIN ECOLOGICAL
RESERVE, 14:630
LIVESTOCK
Dead animals
-Definition of carcass as solid waste, 14:17225.18
Diseased animals
-Permits for sale or transfer, 14:680
Faim and ranch solid waste cleanup and abatement
grant program, 14:17990-14:17994.3
LIZARDS
Bag and possession provisions, 14:5.60
LOANS
Boating waterways
-Planning
— Application, 14:5002
— Conformity, 14:5001
—Short title, 14:5000
—Terms, 14:5003
-Small craft harbor loans
— Application, 14:5102
— Default remedies, 14:5107
— Definitions, 14:5101
— Feasibility review, 14:5103
— Priority ranking of applications, 14:5104
— Project development, 14:5106
—Short tide, 14:5100
— Terms and conditions, 14:5105
Environmental Quality Act exemptions, 14:15310
Fishing gear loan program, 14:13850-14:13868
Integrated Waste Management Board (CIWMB)
-Unreliable bon-owers, list, 14:17050-14:17062
Landfills
-Amount limitations, 14:18403
-Applications
— Board actions, 14:18409
—Fees, 14:18408
-Conditions, 14:18413
LO AHS-continued
LandHWa-con tinned
-Criteria, 14:18401
-Default claims. 14:18411
-Definitions, 14:18011, 14:18400
-File maintenance, 14:18020
-Fund audits, 14:18410
-Guai-antee period, 14:18404
-Interest, 14:18407
-Mailing and delivery of documents, 14:18012
-Percentage of principal balance, 14:18405
-Priorities, 14:18402
-Purpose of rules, 14:18010
-Reserve ratio. 14:18406
-Terms, 14:18412
Marinas, recreational, for, 14:5170-14:5176
-Applications, 14:5172
-Default remedies, 14:5176
-Feasibility review, 14:5173
-Priority ranking of applications, 14:5174
-Terms and conditions, 14:5175
Recycling market development loans,
]4:17930-]4:17936
See also RECYCLING, subheading: Loans for
market development
Solid waste cleanup program, 14:18905-14:18912
LOBSTERS
Commercial fishing operations
-Daily log, 14:245 Appx. A
-Permits, 14:122
LOBSTERS, SPINY
Bag and possession provisions, 14:29.90
Commercial fishing operations
-Closed season restrictions, 14:121
-Size verification, 14:121.5
LOCAL AGENCIES
Asbestos containing waste, enforcement agency
requirements, 14:17897.25
Boating safety and enforcement program, state aid,
14:6593-14:6593.11
Coastal development permits
See generally COASTAL ZONES
Definitions
-Environmental Quality Act, 14:15368
-Waste management, 14:17225.43
Environmental impact reports
-Final report filing with planning agency, 14:777
Integrated waste management plans
-Siting elements
— Approval of summary plan, 14:18783
— Local task force, 14:18777
-Source reduction and recycling elements
— Task force, 14:18761
Land conservation payments
-Adjustments, 14:14118
-Application reports
— Accompanying materials, 14:14111
—County filing, 14:14110.1
—Filing, 14:14110
— Incomplete records, 14:14115
-Cancellation fee waivers, 14:14125
-Certifications, 14:14117
-Definitions, 14:14100-14:14102
-Eligibility, 14:14112
—Hearings, 14:14120
— Review by Resources Secretary, 14:14116
-Enforcement actions, 14:14119
-Entidement computations, 14:14113
— Retention, 14:14114
-Ineligibility, 14:14119
Marsh development permit appeals
-Authorization, 14:11440
-Duties, 14:11442
Off-highway motor vehicle recreation grants and
cooperative agreements program,
14:4970-14:4970.21, 14:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
Recycling loans, 14:17930-14:17936
Reorganizations, Environmental Quality Act
exemptions, 14:15320
Solid waste enforcement, 14:18050-14:18084
-Asbestos containing waste, agency requirements,
14:17897.25
LOCAL AGENClES-continued
Solid waste enfoTcemeni-L:onrinued
-Cleanup assistance, 14:18900-14:18912
LOCH LOMOND VERNAL POOL ECOLOGICAL
RESERVE, 14:630
LOGGING AND SAWMILLS
Administrative penalty hearings, 14:1057-14:1059
Archeological and historical sites
-Coast forest district, 14:929-14:929.7
-Confidential archeological addendum, 14:895.1
-Northern forest district, 14:949-14:949.7
-Southern forest district, 14:969-14:969.7
-Timber harvesting plans, 14:1034, 14:1051
Cable yarding
-Coast Forest District, 14:914.3
-Northern Forest District, 14:934.3
-Southern Forest District, 14:954.3
Clearing exceptions
-Coast Forest District, 14:913.7
-Northern Forest District, 14:933.7
-Southern Forest District, 14:953.8
Confidential archeological addendum, 14:895.1
Cumulative impacts assessment
-Coast Forest District, 14:912.9
-Northern Forest District, 14:932.9
-Southern Forest District, 14:952.9
Definitions
-Coast Forest District niles, 14:895.1
-Northern Forest District rules, 14:895.1
-Southern Forest District rules, 14:895.1, 14:952
Disposal of refuse and debris
-Coast Forest District, 14:914.5
-Northern Forest District, 14:934.5
-Southern Forest District, 14:954.5
Domestic water supply
See Watercourse and lake protection, this heading
Erosion control
-Alternative practices
— Coast Forest District, 14:914.9
— Northern Forest District, 14:934.9
— Southern Forest District, 14:954.9
-Purpose of rules
— Coast Forest District, 14:914
-Soil erosion hazard rating
— Estimation procedure
Coast Forest District, 14:912.5
Northern Forest District, 14:932.5
Southern Forest District, 14:952.5
-Waterbreaks
— Coast Forest District, 14:914.6
— Northern Forest District, 14:934.6
— Southern Forest District, 14:954.6
Fees
-Timber operator licenses, 14:1025
Felling practices
-CoasT Forest District, 14:914.1
-Northern Forest District, 14:934.1
-Southern Forest District, 14:954.1
Fire protection
-Blasting and welding
— Coast Forest District, 14:918.7
— Northern Forest District, 14:938.7
— Southern Forest District, 14:958.7
-Burning permit requirements
— Coast Forest District, 14:918
— Northern Forest District, 14:938
— Southern Forest District, 14:958
-Cable block requirements
—Coast Forest District, 14:918.10
— Northern Forest District, 14:938.10
— Southern Forest District, 14:958.10
-Cooking and warming fires
— Coast Tporest District, 14:918.5
— Northern Forest District, 14:938.5
— Southern Forest District, 14:958.5
-Inspection for fire after felling cessation
— Coast Forest District, 14:918.8
— Northern Forest District, 14:938.8
— Southern Forest District, 14:958.8
-Passable roads
— Coast Forest District, 14:918.3
— Northern Forest District, 14:938.3
— Southern Forest District, 14:958.3
36
LOGGING AND SAWMILLS
CALIFORNIA CODE OF REGULATIONS
LOGGING AND SAWMILLS-cmr/««e^
Fire prorection-f6i/z///;w<?f/
-Posting safety procedures
— Coast Forest District, 14:918.6
— Noitiiem Forest District, 14:938.6
— Southern Forest District, 14:958.6
-Smoking and match restrictions
— Coast Forest District, 14:918.4
— Northern Forest District, 14:938.4
— Southern Forest District, 14:958.4
-Suppression resource inventory
— Coast Forest District. 14:918.1
— Northem Forest District, 14:938.1
— Southern Forest District, 14:958.1
Forest districts
-Definition, 14:906
-Geographic boundaries
— Coast Forest District, 14:907
— Northem Forest DisUict, 14:908
— Southern Forest District, 14:909
High Use Subdistrict, 14:909.1
Harvesting plans
-Program timber harvesting plans,
"l4: 1092-14: 1092.32
Harvesting practices and erosion control
-Purpose of rules
— Northem Forest District, 14:934
Hazard reduction
-Broadcast buming of slash
— Coast Forest District, 14:917.3
— Northem Forest District, 14:937.3
— Southem Forest District, 14:957.3
-Buming slash piles
— Coast Forest District, 14:917.5
— Northem Forest District, 14:937.5
— Southem Forest District, 14:957.5
-Notification of buming
— Coast Forest District, 14:917.6
— Northem Forest District, 14:937.6
— Southem Forest District, 14:957.6
-Performance-based
— Southem Forest District, 14:957.11
-Purpose of rules
— Coast Forest District, 14:917
— Northem Forest District, 14:937
— Southem Forest District, 14:957
-Residual tree protection
— Coast Forest District, 14:917.7
— Northem Forest District, 14:937.7
— Southem Forest District, 14:957.7
-Slash treatjnent
— Coast Forest District, 14:917.2
—High Use Subdistrict, 14:957.4
— Northem Forest District, 14:937.2
— Southem Forest District, 14:957.2,
14:957.11-14:957.12
— Southem Subdistrict, 14:917.4
Implementation of laws, 14:897
Insect and disease control
-Northem spotted owl
— Protection
Northem Forest District, 14:939.9
— Take
Northem Forest District, 14:939.10
-Prevention
—Coast Forest District, 14:917.9, 14:917.10
— Northem Forest District, 14:937.9
— Southem Forest District, 14:957.9
-Reporting requirements
— Coast Forest District, 14:917.11
— Northem Forest District, 14:937.10
— Southem Forest District, 14:957.10
Lake County Scenic Combining District,
14:945-14:945.5
Lake protection
See Watercourse and lake protection, this heading
Late succession forest stands
-Definition, 14:895.1
-Wildlife habitat protection, 14:919.16, 14:939.16,
14:959.16
Licenses
-Application
— Processing, 14:1024.2
— Returned checks, 14:1024.4
LOGGING AND SMimLLS-continued
Licenses-continued
-Insurance requirements, 14:1024.5
-Multiple licenses, 14:1027.3
-Quahfying experience, 14:1024.2
Licensing of timber operators
-Application
— Form and content, 14:1024
-Availability, 14:1029
-Board authority delegated, 14:1020
-Change of licensee address, 14:1030
-Corporations and partnerships, 14:1023.1
-Definition, 14:1022
-Denials, 14:1027
—Basis, 14:1027.1
— Partnerships and corporations, 14:1027.2
-Education programs, 14:1024.1
-Erosion control, 14:1022.3
-Fees, 14:1025
-Issuance, 14:1023
-Limited license for minor forest products,
14:1022.1
-Renewals, 14:1026
-Site preparation, 14:1022.2
Logging operations
-Sampling methods
—Stocking, 14:1070-14:1075
Maximum sustained production of high quahty tim-
ber products (MSP)
-Southem Forest District, 14:953.10, 14:953.11
Monterey County rules
-Applicability, 14:965
-Erosion control, 14:965.9
-Hauling
— Nearest pubhc road, 14:965.2
— Road provisions, 14:965.4
— Routes, 14:965.1
-Performance bonding, 14:965.8
-Road protection, 14:965.3
-Timber harvesting plans
—Big Sur Coast, 14:965.6
— Description, 14:965.10
-Water agency representative, 14:965.7
-Winter period defined, 14:965.5
Penalties, administrative, hearings,
14:1057-14:1059
Program timber harvesting plans,
14:1092-14:1092.32
-Agency review, 14:1092.18
-Amendment, 14:1092.26
-Applicability of mles, 14:1092
-Conformance, 14:1092.23
-Contents, 14:1092.09
-Disapproval, 14:1092.21
-Effective period, 14:1092.28
-Environmental impact reports
— Appeals, 14:1092.31
—Cancellation, 14:1092.30
— Change of ownership, 14:1092.29
— Director's guidance for review, 14:1092.02,
14:1092.20
—Effective period, 14:1092.28
— Interim measures for maximum sustained pro-
duction, 14:1092.32
—Relation to PTHP, 14:1092.01
-Filing date, 14:1092.08
-Filing location, 14:1092.03
-Inspection
— Preharvest, 14:1092.16
—Public, 14:1092.25
-Interim measures for maximum sustained produc-
tion, 14:1092.32
-Minor deviations, 14:1092.27
-Nonconformance, 14:1092.22
-Notice
— Commencement of operations, 14:1092.15
— Conformance. 14:1092.24
—Fifing, 14:1092.17
—Intent, 14:1092.05
-Operator, 14:1092.14
— Interaction with registered professional forester,
14:1092.13
-Professional judgment, 14:1092.10
-Public inspection, 14:1092.25
LOGGING AND SA\NM\LLS-continued
Program timber harvesting plans-continued
-Public review, 14:1092.18
-Registered professional forester, 14:1092.12
— Interaction with operator, 14:1092.13
-Requests for notification of submissions,
14:1092.06
-Review of plan, 14:1092.16
-Submittal, 14:1092.04
-Submitter responsibilities, 14:1092.11
-Time periods for review, 14:1092.19
-Water supplies, information, 14:1092.07
Purpose of rules, 14:896
-Coast Forest District, 14:911
-Northem Forest District, 14:931
-Southern Forest District, 14:951, 14:954
Regeneration
-Even-aged forest management
— Coast Forest District, 14:913.1
— Northem Forest District, 14:933.1
— Southern Forest District, 14:953.1
Relogging provisions
-Southern Forest District, 14:953.9
Riparian vegetation protection
-Southern Forest District, 14:953.7
Road management plans, 14:1093-14:1093.6
Roads and landings
-Conduct of operations
— Coast Forest District, 14:923.6
— Northem Forest District, 14:943.6
— Southem Forest District, 14:963.6
-Landing construction
— Coast Forest District, 14:923.5
— Northem Forest District, 14:943.5
— Southem Forest District, 14:963.5
-Licensed timber operator responsibility
— Coast Forest District, 14:923.7
— Northem Forest District, 14:943.7
— Southem Forest District, 14:963.7
-Maintenance
— Coast Forest District, 14:923.4
— Northem Forest District, 14:943.4
— Southem Forest District, 14:963.4
-Planned abandonment
— Coast Forest District, 14:923.8
— Northem Forest District, 14:943.8
— Southem Forest District, 14:963.8
-Planning
— Coast Forest District, 14:923.1
— Northem Forest District, 14:943.1
— Southem Forest District, 14:963.1
-Road construction
— Coast Forest District, 14:923.2
— Northem Forest District, 14:943.2
— Southem Forest District, 14:963.2
-Standards
— Coast Forest District, 14:923
— Northem Forest District, 14:943
— Southem Forest District, 14:963
-Watercourse crossings
— Coast Forest District, 14:923.3
— Northem Forest District, 14:943.3
— Southem Forest District, 14:963.3
Sensitive species classification
See Wildlife habitat protection, this heading
Sensitive watersheds
See Watercourse and lake protection, this heading
Site classification table, 14:1060
Site preparation
-Heavy equipment use
— Coast Forest District, 14:915.1
— Northem Forest District, 14:935.1
— Southem Forest District, 14:955.1
-Natural resources protection
— Coast Forest District, 14:915.3
— Northem Forest District, 14:935.3
— Southem Forest District, 14:955.3
-Purpose of mles
— Coast Forest District, 14:915
— Northem Forest District, 14:935
— Southem Forest District, 14:955
-Southem Forest District, 14:954.5
-Timber harvesting plan addenda
— Coast Forest District, 14:915.4
TITLE J 4 INDEX
LOGGING AND SAWMILLS 37
•
LOGGING AND SA\NM\LLS-i:oiitinued
Site preparation-co«////j(e^
-Timber harvesting plan addenda-continued
— Northern Forest District. 14:935.4
— Southern Forest District, 14:955.4
-Vegetation treatment
— Coast Forest District, 14:915.2
— Northern Forest District, 14:935.2
— Southern Forest District, 14:955.2
Snag retention
-Southern Forest District, 14:959.1
Southern Subdistrict county rules
-Applicability, 14:924
-Marin County
—Applicability, 14:927
— Flagging property lines, 14:927.4
—Hazard reduction, 14:927.12
— Logging practices, 14:927.11
— Log hauling, 14:927.5
— Recreation Corridor buffer zones. 14:927.13
— Registered Professional Forester advice,
14:927.16
— Road buffer zones, 14:927.6
— Silvicultural methods, 14:927.9
— Stocking requirements, 14:927.10
— Timber harvesting plans
Contents, 14:927.2
Exemptions, 14:927.8
Notice of intent and filing, 14:927.14
Review team meetings, 14:927.15
Submittals, 14:927.7
— Tractor yarding, 14:927.3
— Winter operations
Decisions by Director, 14:927.17
Period defined, 14:927.1
-San Mateo County rules
—Applicability, 14:928
— Cutting practices, 14:928.7
— Definitions, 14:928.1
— Flagging roads, 14:928.3
— Hours of work, 14:928.5
— Log hauling, 14:928.6
— Performance bonding requirements, 14:928.4
— Timber harvesting plan contents, 14:928.2
-Santa Clara County
— Applicability, 14:925
—Flagging, 14:925.6
—Hours of work, 14:925.10
— Log hauling, 14:925.7
— Performance bonding, 14:925.11
— Roads
Buffer zones, 14:925.8
Protection, 14:925.9
— Timber harvesting plans
Contents, 14:925.4
Distribution, 14:925.3
Subinittal, 14:925.2
— Tractor yarding, 14:925.5
— Winter period defined, 14:925.1
-Santa Cruz County
— Applicability, 14:926
— Erosion control, 14:926.19
— Flagging
Property lines, 14:926.11
Roads, 14:926.16
— Fuelwood harvesting, 14:926.8
—Hours of work, 14:926.9
—Log hauling, 14:926.10
— Performance bonding, 14:926.13
— Roads
Abandonment, 14:926.17
Construction, 14:926.15
— Soil deposition on property owned by others,
14:926.12
— Timber harvesting plan requirements, exemp-
tions from, 14:926.21
— Timber harvesting plans
Additional information, 14:926.5
Biotic resource identification, 14:926.14
Contents, 14:926.23
Field review, 14:926.2
Notice of intent, 14:926.3
Preharvest inspection report, 14:926.4
Public water agency representative, 14:926.6
LOGGING AND SA\NM\LLS-contnmed
Southern Subdistrict county Tules-conliniied
-Santa Cruz County-continued
— Timber harvesting plans-continued
Registered Professional Forester advice,
^ 14:926.1
Review team, 14:926.7
Special methods, 14:926.25
Submittal, 14:926.3
— Winter period defined, 14:926.18
-Timber harvesting plans
—Filing, 14:924.2
— Notice of filing, 14:924.4
— Preharvest inspection, 14:924.3
— Review, 14:924.5
— Submittal, 14:924.1
Special treatment areas
-Alternative practices
— Coast Forest District, 14:921.9
-Coastal Scenic View Corridor buffer zones
— Coast Forest District, 14:921.8
— Southern Forest District, 14:961.8
-Exemptions from timber harvesting plan require-
ments
— Coast Forest District, 14:921.2
— Southern Forest District, 14:961.2
-Hazard reduction
— Coast Forest District, 14:921.6
— Southern Forest District, 14:961.6
-Logging practices
— Coast Forest District, 14:921.5
— Southern Forest District, 14:961.5
-Purpose of rules
— Coast Forest District, 14:921
— Southern Forest District, 14:961
-Silvicultural methods
— Coast Forest District, 14:921.3
— Southern Forest District, 14:961.3
-Stocking requirements
— Coast Forest District, 14:921.4
— Southern Forest District, 14:961.4
-Timber harvesting plans
— Coast Forest District, 14:921.1
— Southern Forest District, 14:961.1
-Watercourse and lake protection
— Coast Forest District, 14:921.7
— Southern Forest District, 14:961.7
Stocking
-Alternative prescriptions
— Coast Forest District, 14:913.6
— Northern Forest District, 14:933.6
— Southern Forest District, 14:953.6
-Intermediate treatments
— Coast Forest District, 14:913.3
— Northern Forest District, 14:933.3
— Southern Forest District, 14:953.3
-Minimum standards, 14:1071
— Coast Forest District, 14:912.7
— Northern Forest District, 14:932.7
— Southern Forest District, 14:952.7
-Preliminary status report
— Coast Forest District, 14:913.5
— Northern Forest District, 14:933.5
-Progeny, clonal, or provenance exemption
— Coast Forest District, 14:912.8
-Sampling, 14:1070
— Equipment, 14:1072.3
—Exclusions, 14:1072.4
— Plots
Layout, 14:1072.2
Number required, 14:1072.1
— Procedures, 14:1072
Basal area procedure, 14:1072.5
Combination procedure, 14:1072.7
Point count procedure, 14:1072.6
—Reports, 14:1075
— Unacceptable results, 14:1073
— Waivers
Approval, 14:1074.1
Request, 14:1074
-Silvicultural objectives
— Coast Forest District, 14:913
-Silvicultural systems
— Northern Forest District, 14:933
LOGGING AND SAyNM\LLS-c:ontinued
Stockmg-continued
-Silvicultural systems-continued
— Southern Forest District, 14:953
-Special harvesting methods
— Coast Forest District, 14:913.4
—High Use Subdistrict, 14:953.5, 14:953.12
— Northern Forest District, 14:933.4
— Southern Forest District, 14:953.4
—Southern Subdistrict, 14:913.8
-Uneven-aged forest management
—Coast Forest District, 14:913.2
— Northern Forest District, 14:933.2
— Southern Forest District, 14:953.2
Substantially damaged timberlands
-Definition, 14:895.1
-Stocking requirements, 14:1080.1
— Distribution of stock, 14:1080.3
—Reports, 14:1080.4
—Time limitations, 14:1080.5
Timber hju-vesting plans
-Acreage, small holdings
— Modified timber harvesting plans,
14:1051-14:1051.2
-Adverse impacts to environment
— Alternatives and mitigation measures, 14:898
-Adverse impact to environment
— Cumulative impacts assessment
Coast Forest District, 14:912.9
Northern Forest District, 14:932.9
Southern Forest District, 14:952.9
-Amendments, 14:1039
-Appeal procedures
—Board appeals, 14:1054-14:1054.8
— Board hearings
Filing requests, 14:1054.3
Form of request, 14:1054.2
Notice, 14:1054.5
Procedures, 14:1054.7
Record, 14:1054.6
Request, 14:1054.1
Scheduling, 14:1054.4
—County appeals, 14:1055-14:1055.6
Hearings, 14:1055.1
Notice, 14:1055.3
Procedures, 14:1055
Record, 14:1055.4
Scheduling, 14:1055.2
Sequence, 14:1055.5
— Head of Agency appeals, 14:1056-14:1056.6
— Head of Agency hearings, 14:1056.1
Notice, 14:1056.3
Record, 14:1056.4
Scheduling, 14:1056.2
Sequence, 14:1056.5
— Order of Agency Board, 14:1056.6
—Order of Board, 14:1054.8
—Order of County Board, 14:1055.6
— Purpose of rules, 14:1053
— Return of plan by Director, 14:1054
-Applicability of regulations, 14:897
-Cancellation, 14:1043
-Confidential archeological addendum, 14:895.1
-Conforming plans
—Notice, 14:1037.8
—Public access, 14:1037.9
-Contents, 14:1034
— Modified timber harvesting plans, 14:1051.1
-Conversion of timberiands, 14:1106.2
-County hearings, 14:1115-14:1115.4
-Delegation of Director's authority, 14:1045
-Deviations
—Defined, 14:895.1
— Reporting, 14:1040
-Director's determination, 14:1037.4
—Conformance, 14:1037.7
— Nonconformance, 14:1037.6
-Disapproval conditions, 14:898.2
-Effective period, 14:1039.1
-Emergencies
—Conditions, 14:1052.1
— Fuel hazard reduction notice, 14:1052.4
— Insect damage, 14:1052.3
—Notice, 14:1052, 14:1052.5
38
LOGGING AND SAWMILLS
CALIFORNIA CODE OF REGULATIONS
LOGGING AND SA\NM\LLS-continued
Timber harvesting plans-continued
-Emcvgcncies-continued
— Registered professional forester substantiation,
14:1052.2
—Sustained yield plans, 14:1091.12
-Erosion control, 14:1050, 14:1051
-Exemptions, 14:1038
— Compliance requirements, 14:1038.1
—Forms, 14:1038.2
— Government agency operations, 14:1038.3
-Feasibility alternatives, 14:898
-Filing
—Date, 14:1033
— Locations, 14:1032
— Modified timber harvesting plans, 14:1051
Contents of plan, 14:1051.1
—Notice, 14:1037.1
-Insect and disease control
—Coast Forest District, 14:917.9, 14:917.10
— Northern Forest District, 14:937.9
— Southern Forest District, 14:957.9
-Lake Tahoe Basin exemptions, 14:1038
-Licensed timber operators
— Interaction with registered professional forester,
14:1035.2
— Responsibility, 14:1035.3
Modified timber harvesting plans, 14:1051
-Limitations, 14:1041
— Modified timber harvesting plans, 14:1051
-Marbled murrelet, 14:919.11
-Maximum sustained production
— High quality timber products,
14:913.10-14:913.11
-Maximum sustained production of high quality
timber products (MSP)
—Northern Forest District, 14:933.10, 14:933.11
-Mitigation of wildlife impacts
— Northern Forest District, 14:939.15
-Modified timber harvesting plans,
14:1051-14:1051.2
— Contents of plan, 14:1051.1
— Preharvest inspection and review, 14:1051.2
-Murrelet protection, 14:1036.1
-Notice of intent
— Distribution by Director, 14:1032.8
—Plan submittal, 14:1032.7
—Public access, 14:1032.9
-Operation commencement notification, 14:1035.4
-Ownership changes, 14:1042
-Preharvest inspection, 14:1037
-Registered professional foresters
— Interaction with timber operator, 14:1035.2
— Judgment, 14:1034.2
— Responsibility, 14:1035.1
-Review of plans, 14:898.1
-Review period waiver, 14:1037.10
—Notice, 14:1037.11
-Review procedures
— Agency and public review, 14:1037.3
Modified timber harvesting plans, 14:1051.2
—Board action, 14:902.1
— Decision delay, 14:901
— Director's notice to Board, 14:902
— Hearings
Board action, 14:903.2
Discussion content and prejudice of appeal,
14:903.1
Notice content, 14:902.2
Notice distribution, 14:902.3
Order of procedure, 14:903
—Intent, 14:900
— Team establishment, 14:1037.5
-Submitter responsibility, 14:1035
— Acreage, small holdings, 14:1051
— Modified timber harvesting plans,
14:1051-14:1051.2
Contents of plan, 14:1051.1
-Substantially damaged timberlands, 14:1080.2
-Sustained yield plan
—Contents, 14:1091.4
—Relation to, 14:1091.1-14:1091.14, 14:1091.2
—Submittal, 14:1091.14
-Watercourse and lake protection
LOGGING AND SA\NM\LLS-continiied
Timber harvesting phns-continiied
-Watercourse and lake protection-<;o/i////t/e(y
— Domestic water supply, 14:1032.10, 14:1051
Timberland conversion
-Activities prohibited, 14:1103.1
-Definitions, 14:1100
-Delegation of Director's authority, 14:1102
-Permits, 14:1103
— Application, 14:1105
Additional information, 14:1105.4
Conversion plan, 14:1105.3
— Cancellation by permittee, 14:1107
— Coastal zones, 14:1108
— Contents, 14:1106.1
—Denial, 14:1106.4, 14:1106.5
— Director's determination, 14:1105.2
—Exemptions, 14:1104.1. 14:1104.2
—Fees, 14:1104.3, 14:1105.1
— Issuance, 14:1106
—Public record, 14:1103.2
--Requirements, 14:1104
— Submittal to County Recorder, 14:1106.3
— Suspension and revocation, 14:1106.5
-Purpose of rules, 14:1 101
-Rezoning, 14:1109
— Adverse effect determination, 14:1 109.3
— Exemptions, 14:1110
— Other growing use determination, 14:1 109.5
— Public interest, 14:1109.2
— Suitability of soils, slopes, and watersheds,
14:1109.4
— Supplemental data and opinions, 14:1109.6
— Tentative approval, city or county, 14:1 109.1
Timber sales, 14:1511
-Bid solicitation, 14:1515
-Harvesting and management, 14:1510
-Non-substitution agreement, 14:1516
-Records, 14:1519
-Removal notice, 14:1517
-Transfer requirement, 14:1518
-Violation notice and review, 14:1521
Tractors
-Coast Forest District, 14:914.2
-Northern Forest District, 14:934.2
-Road water crossings
— Coast Forest District, 14:914.8
— Northern Forest District, 14:934.8
— Southern Forest District, 14:954.8
-Southern Forest District, 14:954.2
Violations of forestry rules prior to changes
-Coast Forest District, 14:920
-Northern Forest District, 14:940
-Southern Forest District, 14:960
Watercourse and lake protection
-Alternative measures
— Coast Forest District, 14:916.6
— Northern Forest District, 14:936.6
— Southern Forest District, 14:956.6
-Beneficial uses of water
— Coast Forest District, 14:916.2
— Northern Forest District, 14:936.2
— Southern Forest District, 14:956.2
-Coho salmon protections
—Coast Forest District, 14:916.9.1-14:916.9.2,
14:916.11.1
Roads and landings, 14:923.9.1-14:923.9.2
—Northern Forest District, 14:936.9.1-14:936.9.2
Monitoring, 14:936.11.1
Roads and landings, 14:943.9.1-14:943.9.2
-Domestic water supply
— Coast Forest District, 14:916.10
— Northern Forest District, 14:936.10
— Southern Forest District, 14:956.10
— Timber harvesting plans, 14:1032.10, 14:1051
-Erosion control
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southern Forest District, 14:956.7
-Evaluation of mitigations and practices
— Coast Forest District, 14:916.11
— Northern Forest District, 14:936.11
— Southern Forest District, 14:956.11
-Federal Clean Water Act listed watersheds
LOGGING AND SA\NM\LLS-<:onlinued
Watercourse and lake proteclion-continued
-Federal Clean Water Act listed waler-
shcds-conlinued
— Coast Forest District, 14:916.12
— Northern Forest District, 14:936.12
— Southern Forest District, 14:956.12
-General limitations
— Coast Forest District, 14:916.3
— Northern Forest District, 14:936.3
— Southern Forest District, 14:956.3
-In lieu practices
— Coast Forest District, 14:916.1
— Northern Forest District, 14:936.1
— Southern Forest District, 14:956.1
-Protection zone width determination
— Coast Forest District, 14:916.5
— Northern Forest District, 14:936.5
— Southern Forest District, 14:956.5
-Purpose of rules
— Coast Forest District, 14:916
— Northern Forest District, 14:936
— Southern Forest District, 14:956
-Requirements
— Coast Forest District, 14:916.4
— Northern Forest District, 14:936.4
— Southern Forest District, 14:956.4
-Sensitive watersheds
— Coast Forest District, 14:916.8
— Northern Forest District, 14:936.8
— Southern Forest District, 14:956.8
-Threatened or impaired values of watersheds
—Coast Forest District, 14:916.9, 14:923.9
—Northern Forest District, 14:936.9, 14:943.9
—Southern Forest District, 14:956.9, 14:963.9
-Tractor road crossings
— Coast Forest District, 14:914.8
— Northern Forest District, 14:934.8
— Southern Forest District, 14:954.8
Wildlife habitat protection
-Applicability of regulations
— Coast Forest District, 14:919
— Northern Forest District, 14:939
— Southern Forest District, 14:959
-Clearcutting of meadows and wetlands
— Northern Forest District, 14:939.15
-Coast Forest District, 14:919-14:919.16
-Late succession forest stands, 14:919.16,
14:939.16, 14:959.16
-Marbled murrelet
— Coast Forest District, 14:919.11
-Murrelet
— Timber harvesting plans, 14:1036.1
-Nest sites
— Alternatives
Coast Forest District, 14:919.5
Northern Forest District, 14:939.5
Southern Forest District, 14:959.5
— Sensitive species
Coast Forest District, 14:919.2
Northern Forest District, 14:939.2
Southern Forest District, 14:959.2
— Specific requirements
Coast Forest District, 14:919.3
Northern Forest District, 14:939.3
Southern Forest District, 14:959.3
-Non-listed species
— Coast Forest District, 14:919.4
— Northern Forest District, 14:939.4
— Southern Forest District, 14:959.4
-Northern Forest District, 14:939-14:939.15
-Northern spotted owl
— Coast Forest District, 14:919.9
— Take
Coast Forest District, 14:919.10
-Sensitive species classification, 14:919.12
— Northern Forest District, 14:939.12
— Southern Forest District, 14:959.12
-Snag retention
— Coast Forest District, 14:919.1
— Northern Forest District, 14:939.1
— Southern Forest District, 14:959.1
-Southern Forest District, 14:959-14:959.16
Winter restrictions
TITLE 14 INDEX
MARSHES 39
LOGGING AND S/\\NmLLS^:ontinued
Winier restncnons-continued
-Coast Forest District, 14:914.7
-Noithem Forest District, 14:934.7
-Southern Forest District, 14:954.7
LOKERN ECOLOGICAL RESERVE, 14:630
LONG BEACH HARBOR
Oil spills, harbor safety committees, 14:800-14:802
Tank vessels
-Escort requirements, 14:851.20-14:851.32
-Vessel traffic information service,
14:852.20-14:852.30
LONGNOSE SKATES
Bag and possession provisions, 14:28.52
LOS ANGELES COUNTY
Construction aggregate resources
-Devils Gate, 14:3550.5
-Eaton Wash, 14:3550.5
-Palos Verdes, 14:3550.5
-San Gabriel River, 14:3550.5
-Tujunga and Pacoima Wash, 14:3550.1
Rabbits, hunting, gun use prohibited. 14:311.7
White croaker take prohibitions, 14:104
LOS ANGELES HARBOR
Oil spills, harbor safety conuTiittees, 14:800-14:802
Tank vessels
-E.scort requirements, 14:851.20-14:851.32
-Vessel traffic information service,
14:852.20-14:852.30
LOS BANGS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LOS PADRES BOUNDARY HAZARDOUS FIRE
AREA
Geographic boundaries, 14:1205.6
LOVER'S COVE STATE MARINE CONSERVA-
TION AREA, 14:632
LOWER SHERMAN ISLAND WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
LOW-INCOME HOUSING
Environmental impact report exemptions,
14:15191-14:15192, 14:15194-14:15196
Environmental Quality Act exemptions, 14:15280
LUMBER
See also LOGGING AND SAWMILLS
Wood debris chipping and grinding operations,
14:17380-14:17386
M
MacKERRICHER STATE MARINE CONSERVA-
TION AREA, 14:632
MACKLIN CREEK ECOLOGICAL RESERVE,
14:630
MAD RIVER SLOUGH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
MAGNESIA SPRING ECOLOGICAL RESERVE,
14:630
MANCHESTER AND ARENA ROCK STATE
MARINE CONSERVATION AREA, 14:632
MANUFACTURERS
Electronic Waste Recycling Act of 2003
-Consumer information, 14:18660.42
-Registration, 14:18660.35
-Reporting requirements, 14:18660.41
Newsprint, recycled-content, 14:17962
-Certification requirements, 14:17956
MAPS
Bay Conservation and Development Commission
jurisdiction, 14:10133
Fire hazai'd severity zones, 14:1280
Fire protection
-Firebreaks, 14:1252.1
-State responsibility areas. 14:1220
Local coastal development permit progiams
-Areas affected, 14:13307, 14:13576 "
-Port boundaries, 14:13601
Owls, northern spotted, habitat, 14:919.9, 14:939.9
San Francisco Bay Plan, 14:11900
Seismic hazard zones, 14:3720-14:3725
MARBLED MURRELET
Protection from logging operations
-Coast forest district, 14:919.11
MARBLE MOUNTAINS WILDLIFE AREA
Hunting, firearms, and archer)' equipment use,
14:551
Public use activities, 14:550
MARINAS
Loans for recreational facilities, 14:5170-14:5176
-Applications, 14:5172
-Default remedies, 14:5176
-Definitions, 14:5171
-Feasibility review, 14:5173
-Priority ranking of applications, 14:5174
-Short title, 14:5170
-Terms and conditions, 14:5175
MARIN COUNTY
Greenbrae Boardwalk
-Exclusion from Bay Conservation and Develop-
ment Commission jurisdiction, 14:10132
—Notice, 14:11721 Appx. B
Logging operations
-Applicability of rules, 14:927
-Flagging property lines, 14:927.4
-Hazard reduction, 14:927.12
-Log hauling, 14:927.5
-Practices, 14.927.11
-Recreation Corridor buffer zones, 14:927.13
-Registered Professional Forester advice, 14:927.16
-Road buffer zones, 14:927.6
-Silvicultural methods, 14:927.9
-Stocking requirements, 14:927.10
-Timber harvesting plans
—Contents, 14:927.2
— ^Exemptions, 14:927.8
— Notice of intent and filing, 14:927.14
— Review team meetings, 14:927.15
— Submittals, 14:927.7
-Tractor yarding, 14:927.3
-Winter operations
— Decision by Director, 14:927.17
—Period defined, 14:927.1
MARINE AQUARIA RECEIVERS
Licenses, 14:188
MARINE FIN FISH
Bag and possession provisions for lagoons and
tidal waters, 14:5.45
MARINE PROPULSION ENGINES
Spark-ignition, two-stroke engines, prohibitions on
certain lakes, 14:6595
MARINE RESOURCES
Protected areas, 14:632
MARIN ISLANDS ECOLOGICAL RESERVE,
14:630
MARIN ISLANDS STATE MARINE PARK, 14:632
MARKET SQUID FISHERY MANAGEMENT
PLANS, 14:53.00-14:53.03
MARLIN
Bag and possession provisions, 14:28.50
MARSHES
Development permits
-Appeals
— Determination to consider, 14:11450
— Duties of local government, 14:11442
— Effects, 14:11441
MAftSHES-continued
Development peTmlis-continued
-Appeah-continued
—Form, 14:11721 Appx. L
—Hearings, 14:11451
— Local government authorizations, 14:1 1440
— Notification of action, 14:11452
-Applicability, 14:11400
-Applications, 14:1 141 1
-Authorizations
—Contents, 14:11420
—Finality, 14:11421
—Notice, 14:11430-14:11432
-Notice, 14:11412-14:11414
-Order of permits, 14:11410
Forest improvement program, 14:1545.2
Protection from logging operations
-Alternative measures
— Coast Forest District, 14:916.6
— Northern Forest District, 14:936.6
— Southern Forest District, 14:956.6
-Beneficial uses of water
— Coast Forest District, 14:916.2
— Northern Forest District, 14:936.2
— Southern Forest District, 14:956.2
-Domestic water supply
— Coast Forest District, 14:916.10
— Northern Forest District, 14:936.10
— Southern Forest District, 14:956.10
-Erosion control
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southern Forest District, 14:956.7
-Evaluation of mitigations and practices
— Coast Forest District, 14:916.11
— Northern Forest District, 14:936.11
— Southern Forest District, 14:956.11
-Federal Clean Water Act listed watersheds
— Coast Forest District, 14:916.12
— Northern Forest District, 14:936.12
— Southern Forest District, 14:956.12
-General limitations
— Coast Forest District, 14:916.3
— Northern Forest District, 14:936.3
— Southern Forest District, 14:956.3
-In lieu practices
— Coast Forest District, 14:916.1
— Northern Forest District, 14:936.1
— Southern Forest District, 14:956.1
-Protection zone width determination
— Coast Forest District, 14:916.5
— Northern Forest District, 14:936.5
— Southern Forest District, 14:956.5
-Purpose of rules
— Coast Forest District, 14:916
— Northern Forest District, 14:936
— Southern Forest District, 14:956
-Requirements
— Coast Forest District, 14:916.4
— Northern Forest District, 14:936.4
— Southern Forest District, 14:956.4
-Sensitive watersheds
— Coast Forest District, 14:916.8
— Northern Forest District, 14:936.8
— Southern Forest District, 14:956.8
-Threatened or impaired values of watersheds
—Coast Forest District, 14:916.9, 14:923.9
—Northern Forest District, 14:936.9, 14:943.9
—Southern Forest District, 14:956.9, 14:963.9
Suisun Marsh Local Protection Program
-Agency requirements, 14:11200
-Amendments
— Frequency, 14:11215
— Minor amendments
Definition, 14:11213
Designation, 14:11214
— Processing, 14:11212
—Submittals, 14:11210, 14:11211
-Certification
—Notice, 14:11208
—Resolution, 14:11206
-County endorsement, 14:11201, 14:11202
-Hearings, 14:11204
-Non-certification resolution, 14:11207
40 MARSHES
CALIFORNIA CODE OF REGULATIONS
MARSHES-coiitiniied
Suisun Marsh Local Protection Progrnm-conlinued
-Permit exemptions, 14:11721 Appx. C
-Recommendation, 14:11205
-Summary, 14:11203
MARTENS
Hunting prohibition, 14:460
MASS TRANSIT
Environmental Quality Act exemptions, 14:15275
-Public transit reductions, 14:15285
MATTOLE RIVER ECOLOGICAL RESERVE,
14:630
McATEER-PETRIS ACT
See generally SAN FRANCISCO BAY AND
BAY AREA, subheading: Conservation and
development
McGINTY MOUNTAIN ECOLOGICAL RESERVE,
14:630
MEAT AND MEAT PROCESSING
Dead animals
See DEAD ANIMALS
Deer meat, permits, 14:676
Inspections of deer farms, 14:676
Waste regulations, exemption from integrated
waste management board, 14:17402.5
MEDICAL WASTES
Infectious wastes, definition, 14:17225.36
MENDOCINO COUNTY
State forests, areas closed to hunting, 14:1435
MENDOTA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
MERCED COUNTY
Hazardous fire areas
-Pacheco, 14:1205.3
MERCED NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
MERGANSERS
Hunting provisions, 14:502
METHANE
Explosion control
-Municipal solid waste landfill units, 14:17258.23
Hazards reduction assistance, 14:1790-14:1798
-Application and award procedure, 14:1793
— Final application requirements, 14:1796
— Preapplications
Criteria, 14:1794
Review, 14:1795
-Definitions, 14:1791
-Fiscal requirements, 14:1797
-Grant amount available, 14:1792
-Purpose of rules, 14:1790
-Submission of documents, 14:1798
MEXICO
Barracuda imports, inspection clearance, 14:109
Giant sea bass from Mexican waters, bag and pos-
session provisions, 14:28.10
Yellowtail imports, inspection clearance, 14:109
MIA J. TEGNER STATE MARINE CONSERVA-
TION AREA, 14:632
MICE
See generally RODENTS
MIGRATORY GAME BIRDS
See HUNTING
MILITARY BASE CLOSURE
Reuse
-Environmental impact reports, baseline analysis,
14:15229
MINERALS
Extraction, dredging, 14:228-14:228.5
Management policies
-CEQA lead agency responsibilities, 14:3676
-Definitions, 14:3675
MINES AND MINING
Administrative penalty petitions, 14:3900-14:3911
See also MINING AND GEOLOGY BOARD
Annual report form. 14:3699
Appeals
-Surface mines
— Designation appeal procedures, 14:3625-14:3634
— Surface Mining and Reclamation Act compli-
ance orders, 14:3940-14:3948
Closure of surface openings, 14:3713
Construction aggregate resources
-Anoyo Trabuco, 14:3550.4
-Claremont-Upland region, 14:3550.7
-Devils Gate. 14:3550T5
-Eaton Wash, 14:3550.5
-Fresno region, 14:3550.13
-Monterey Bay region, 14:3550.12
-North San Francisco Bay region, 14:3550.11
-Palmdale region, 14:3550.9
-Palm Springs region, 14:3550,15
-Palos Verdes area, 14:3550.5
-Sagus-Newhall region, 14:3550.9
-San Bernardino region, 14:3550.8
-San Gabriel River, 14:3550.5
-San Juan Creek, 14:3550.4
-Santa Ana River, 14:3550.4
-Santa Clara River Valley, 14:3550.2
-Santiago Creek, 14:3550.4
-Simi Valley, 14:3550.3
-South San Francisco Bay region, 14:3550.10
-Stockton-Lodi region, 14:3550.14
-Temescal Valley,''l4:3550.4
-Tujunga and Pacoima Wash areas, 14:3550.1
-Western San Diego County region, 14:3550.6
Definitions
-Mineral resource management policies, 14:3675
-Surface mines, 14:3501
— Financial assurance for reclamation, 14:3802
Dredging
-Permit requirements, 14:228
-Restrictions, 14:228.5
Fees for surface mines, 14:3695-14:3699
Forms
-Low-gross exemption fee request, 14:3699
-Mining operation annual report, 14:3699
-Multiple-site single fee request, 14:3699
Low-gross exemption fee request form, 14:3699
Mining operation annual report form, 14:3699
Multiple-site single fee request form, 14:3699
Petitions, administrative penalties, 14:3900-14:3911
See also MINING AND GEOLOGY BOARD,
subheading: Administrative penalty petitions
Reclamation standards, 14:3700-14:3713
See also RECLAMATION
Suction dredging, 14:228-14:228.5
Surface mines
-CEQA lead agency responsibilities, 14:3504
-Definitions, 14:3501
-Designation appeal procedures, 14:3625-14:3634
— Administrative record, 14:3628
— Filing of intent, 14:3626
— Hearings
Delegation of authority, 14:3630
Determinations, 14:3634
Notice, 14:3631
Record, 14:3632
Scheduling, 14:3629
Sequence, 14:3633
— Jurisdiction determination, 14:3627
— Purpose of rules, 14:3625
-Exemptions, 14:3505
-Fee schedule, 14:3695-14:3699
— Board administration fees, 14:3696.5
—Calculation of fee, 14:3698
— Definitions, 14:3695
—Due dates, 14:3697
— Exemption, 14:3699
— Forms, 14:3699
— Late fees, penalty, 14:3697
— Operations subject to fees, 14:3696
-Inspections, 14:3504.5
-Minimum acceptable practices, 14:3503
-Professional services, selection of firms by Min-
ing and Geology Board, 14:3920-14:3930
MINES AND mU\NG-continued
Surface imncs-continiied
-Purpose of rules. 14:3500
-Reclamation, financial assurance for,
14:3800-14:3806.5
—Appeals, 14:.3680- 14:3690
—Authority, 14:3801
—Budget set aside, 14:3803, 14:3806, 14:3806.2
—Calculation of, 14:3804
— Conservation Department, review of, 14:3805
—Definitions, 14:3802
— Government-owned operations, 14:3806
Budget set aside. 14:3806, 14:3806.2
Pledges of revenue, 14:3806-14:3806.1
— Irrevocable letters of credit, 14:3803
—Pledges of revenue, 14:3803, 14:3806, 14:3806.1
— Purpose of regulations, 14:3800
— Review, Departmental, 14:3805
— Statutory authority, 14:3801
—Surety bonds, 14:3803
— Tnist funds, 14:3803
-Reclamation, financial assurances for
— Acceptance of Hability, 14:3806.3
— Government-owned operations, 14:3806.5
-Reclamation standards, 14:3700-14:3713
-Vested rights, 14:3505
Tailings, 14:3712
Underground mines, closure of openings, 14:3713
VacuuTn dredging, 14:228-14:228.5
Waste disposal, 14:3712
MINING AND GEOLOGY BOARD
Administrative penalty petitions, 14:3900-14:3911
-Administrative record, 14:3903
-Determination of jurisdiction, 14:3902
-Filing, 14:3901
-Hearings
— Delegation of authority, 14:3905
— Determination by Board, 14:3910
—Informal, 14:3909
—Notice, 14:3906
—Record, 14:3907
—Recording, 14:3908
—Scheduling, 14:3904
—Transcript, 14:3908
-Notice of defense, 14:3901
—Form, 14:3911
-Purpose of regulations, 14:3900
Alquist-Priolo earthquake fault zones,
14:3600-14:3603
-Definitions, 14:3601
-Map review, 14:3602
-Professional services, contracting,
14:3604-14:3614
— Amendments, 14:3611
— Bids, soliciting, 14:3613
— Contract negotiation, 14:3610
— Definitions, 14:3605
— Estimate of value of services, 14:3607
— Evaluation of qualifications and performance
data, 14:3609
— Excluded services, 14:3614
— Project performed in phases, 14:3612
— Publication of announcement, 14:3608
— Request for proposals, 14:3608
— Selection criteria, 14:3606
— Selection of firms, 14:3604
-Purpose of rules, 14:3600
-Specific criteria, 14:3603
Appeals
-Financial assurances for reclamation,
14:3680-14:3690
— Administrative record, 14:3684
— Determination of jurisdiction, 14:3682
—Filing of intent, 14:3681
— Hearing procedures, 14:3685-14:3690
— Limit on number of filings, 14:3683
Hearings
-Reclamation, forfeiture of financial assurances,
14:3811-14:3813, 14:3816-14:3817
Reclamation, financial assurances for,
14:3800-14:3806.5
-Acceptance of liability, 14:3806.3
-Appeals, 14:3680-14:3690
-Authority, 14:3801
TITLE 14 INDEX
NATURAL RESOURCES
4J
•
MINING AND GEOLOGY BOARD-to/;//m/e^
Reclamation, financial assurances for-eonlinued
-Budget set aside. 14:3803, 14:3806, 14:3806.2
-Calculation of, 14:3804
-Conservation Department, review by, 14:3805
-Definitions, 14:3802
-Forfeiture, 14:3810-14:3817
— Administrative record, 14:3814
— Financial capability criteria, 14:3815
—Hearings, 14:3811-14:3813, 14:3816-14:3817
— Purpose of rules, 14:3810
-Government-owned operations, 14:3806,
14:3806.5
—Budget set aside, 14:3806, 14:3806.2
—Pledges of revenue, 14:3806-14:3806.1
-Irrevocable letters of credit, 14:3803
-Modifications. 14:3805.5
-Pledges of revenue, 14:3803. 14:3806-14:3806.1
-Purpose of regulations, 14:3800
-Release of, 14:3805.5
-Review, Departmental, 14:3805
-Statutory authority, 14:3801
-Surety bonds, 14:3803
-Trust funds, 14:3803
Seismic hazards mapping, 14:3720-14:3725
-Professional service firms, selection,
14:3726-14:3736
Surface mining and reclamation, professional ser-
vices contracting, 14:3920-14:3930
-Amendments, 14:3927
-Bids, soliciting, 14:3929
-Contract negotiation, 14:3926
-Definitions, 14:3921
-Estimate of value of services, 14:3923
-Evaluation of qualifications and performance data,
14:3925
-Excluded services, 14:3930
-Project performed in phases, 14:3928
-Requests for proposals, 14:3924
-Selection criteria, 14:3922
-Selection of firms, 14:3920
MINK
Hunting provisions, 14:462
MINORITY-OWNED BUSINESSES
Architects and engineers
-Parks and recreation department contracts,
14:4730
MINOR SLOUGH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
MOKELUMNE HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.8
MOLLUSKS
See also FISH AND GAME
Bag and possession provisions
-Abalone, 14:29.15
-Chiones, 14:29.35
-Clams, 14:29.20
-Cockles, 14:29.35
-Freshwater clams, 14:5.20
-Gaper clams, 1 4:29.25
-Geoduck clams, 14:29.30
-Lagoons and tidal waters, 14:5.45
-Littleneck clams, 14:29.35
-Moon snails, 14:29.71
-Mussels, 14:29.55
-Northern quahogs, 14:29.35
-Pismo clams, 14:29.40
-Razor clams, 14:29.45
-Rock scallops, 14:29.60
-Soft-shell clams, 14:29.35
-Speckled scallops (bay), 14:29.65
-Squid, 14:29.70
-Washington clams, 14:29.25
MONITORING
Coho salmon, forest management
-Coast forest district, 14:916.11.1
-Northern forest district, 14:936.11.1
Oil transfer operations, 14:845-14:845.2
MONKEYS
See generally WILD ANIMALS
MONO COUNTY
Brine shrimp trawling. 14:120.5
MONTEREY BAY REGION
Construction aggregate resources. 14:3550.12
MONTEREY COUNTY
Hazardous fire areas
-Jamesbiirg, 14:1205.1
-La Gloria, 14:1205.2
Night hunting prohibition, 14:263
MOORHENS, COMMON
Hunting
-Nontoxic shot requirement, 14:507.1
-Provisions, 14:502
MORO COJO ECOLOGICAL RESERVE, 14:630
MORRO BAY WILDLIFE AREA
Hunting, firearms, and archei7 equipment use,
14:551
Public use activities, 14:550
MORRO BEACH STATE MARINE CONSERVA-
TION AREA, 14:632
MORRO DUNES ECOLOGICAL RESERVE,
14:630
MORRO ROCK ECOLOGICAL RESERVE,
14:630
MOSQUITOS
See generally INSECTS
MOSS LANDING WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
MOTHS
See generally INSECTS
MOTION PICTURE PRODUCTION
Parks and recreation areas, 14:4316
MOTOR CARRIERS
Scrap metal
-Recyclers and dealers, exceptions from integrated
waste management regulation, 14:17402.5
MOTORCYCLES
Off-highway, recreation grants,
14:4970-14.4970.21 , 14.4970.49-14:4970.72
See also OFF-ROAD VEHICLES
MOTOR OIL
Recycling, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
MOTOR VEHICLE MANUFACTURERS
Coatings, application
-Environmental Quality Act exemptions, 14:15278
MOTOR VEHICLES
Abandoned vehicles, definition
-Waste management, 14:17225.1
Cal-Expo rules
-Operation, 14:4961
-Speed limits, 14:4960
Dismantlers, exceptions from integrated waste
management regulation, 14:17402.5
Hunters using
-Handicapped hunters, motor vehicle permit,
14:251
-Permits, 14:251.2
-Prohibition, 14:251
Mobility disabled persons motor vehicle permit for
hunting purposes, 14:251
Off-road vehicles
See OFF-ROAD VEHICLES
Park and recreation area restrictions, 14:4354
-Operation, 14:4355
-Operators, 14:4357
-Parking, 14:4358
-Removal of vehicles, 14:4356
-Speed limits, 14:4353
Snowmobiles
-Park and recreation area restrictions, 14:4352
Solid waste management
-Collection and transportation equipment
— Construction, 14:17341
MOTOR MEHlCLES-continued
Solid waste management-C(?»//HHe^
-Collection and transportation equip-
m(int-<:ontinued
— Inspections, 14:17345
— Operator identification, 14:17344
—Parking, 14:17343
—Safety," 14: 17342
State forest restrictions, 14:1430-14:1433
Wildlife areas, in, 14:550
MOUNTAIN LIONS
Dogs used in hunting of, 14:265
Permits
-Hunting, 14:402
-Sales or possession, 14:251.4
MOUNT SAN JACINTO STATE WILDERNESS
Recreation provisions, 14:4608
MOURNING DOVES
Hunting provisions, 14:300
MOUTH OF COTTONWOOD CREEK WILDLIFE
AREA
Huntine. firearms, and archery equipment use,
14:551
Public use activities, 14:550
MUD LAKE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
MUDSUCKERS, LONGJAW
Baited trap restrictions, 14:28.75
MULCH
Wood debris chipping and grinding operations,
14:17383.3
MULES
See LIVESTOCK
MUNICIPALITIES
See CITIES; LOCAL AGENCIES
MUSEUMS
State railroad museum, parks and recreation,
14:4613
MUSKRATS
Hunting provisions, 14:462
MUSSELS
Bag and possession provisions, 14:29.55
Commercial fishing operations, 14:115
Importation, transportation and possession restric-
tions, 14:671
N
NAPA-SONOMA MARSHES WILDLIFE AREA
Hunting, firearms, and archei7 equipment use,
14:551
Public use activities, 14:550
NATIONAL ENVIRONMENTAL POLICY ACT
(NEPA)
Compliance, 14:15220-14:15229
NATIONAL WILDLIFE REFUGES
Hunting, 14:551, 14:552
NATURAL GAS
See METHANE; OIL AND GAS
NATURAL PRESERVES
See generally PARKS AND RECREATION
NATURAL RESOURCES
Annual report on status of fish and wildlife
resources, 14:660.1
Chaparral management program,
14:1569-14:1569.6
Conservation
See LAND CONSERVATION
Forest improvement program, 14:1545-14:1545.9
Forestry Board, issues referred by Director,
14:1655
42
NATURAL RESOURCES
CALIFORNIA CODE OF REGULATIONS
NATURAL RESOURCES^Y;/;/;/;;/ed'
Logging operations
-Site preparation
— Coast Forest District, ]4:9L'i.3
— Northern Forest District, 14:935.3
— Southern Forest District, 14:955.3
Protection
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
NAVIGATION
See also BOATS AND BOATING
Waterway marking system, 14:7000-14:7007
NESTS, BIRD
See BIRDS
NETS
Commercial fishing operations
-Drag nets
— Restrictions, 14:172
-Gill nets
— Central California closures, 14:104.1
— Experimental gear loan program,
14:13850-^14:13868
— Fishing log, 14:245 Appx. A
— Log, 14:245 Appx. A
— Permit requirements, 14:174
— Shark and swordfish lake with drift nets, 14:106
— Swordfish permittee restrictions, 14:107.1
— White seabass restrictions, 14:155.10
-Purse seine nets
— White seabass taking, 14:155.05
-Roundhaul nets
— White seabass taking, 14:155.05
-Trammel nets
— Central California closures, 14:104.1
— Experimental gear loan program,
14:13850-^14:13868
— Fishing log, 14:245 Appx. A
— Permit requirements, 14:174
-Trawl nets
— Gear restrictions, 14:176
— Prawn or shrimp, 14:120-14:120.5
— Restrictions, 14:172
— Trip log, 14:245 Appx. A
— Use inside Golden Gate Bridge, 14:119
Definitions
-Dip nets, 14:1.42
-Gill nets, 14:1.48
-Trammel nets, 14:1.85
Fishing use restrictions
-Beach nets, 14:28.85
-Dip nets, 14:28.80
-Throw nets, hawaiian-type, 14:28.80
NEWSPAPERS
Recycled paper content, 14:17950-14:17974
-Applicability of regulations, 14:17954
-Auditing, 14:17970
-Certification requirements, 14:17956
-Definitions, 14:17952
-Dehvery, 14:17968
-Failure to meet goals, 14:17972
-Manufacturers, 14:17962
— Certification requirements, 14:17956
-Percentage of recycled contents, by year: table,
14:17958
-Pricing, 14:17966
-Printers and pubhshers, 14:17958
— Certification requirements, 14:17956
— Failure to meet goals, 14:17972
—Violations, 14:17972
-Purpose of regulations, 14:17952
-Quahty standards, 14:17964
-Suppliers, 14:17960
— Certification requirements, 14:17956
—Delivery, 14:17968
-Testing of newsprint, 14:17964
-Violations, 14:17972
— Penalties, 14:17974
NIGUEL STATE MARINE PARK, 14:632
NOISE CONTROL
Camping
-Parks and recreation areas, 14:4320
NOISE COmBOL-conlinued
Camping-continued
-State forests, 14:1412
Environmental impact reports
-Projects near airports, 14:15154
Solid waste transfer/processing operations and
facilities, 14:17408.3
NONPROFIT ORGANIZATIONS
Recycling loans, 14:17930-14:17936
NORTH CENTRAL DISTRICT
Bait fish use restrictions, 14:4.25
Geographic definition, 14:6.32
NORTH COAST DISTRICT
Bait fish use restrictions, 14:4.30
Geographic definition, 14:6.31
NORTHERN FOREST DISTRICT
Archeological and historical sites, 14:949-14:949.7
Cable yarding, 14:934.3
Clearing exceptions, 14:933.7
Cumulative impacts assessment, 14:932.9
Definitions, 14:895.1
Disposal of refuse and debris, 14:934.5
Erosion control
-Alternative practices, 14:934.9
-Purpose of rules, 14:934
-Soil erosion hazard rating
— Estimation procedure, 14:932.5
-Waterbreaks, 14:934.6
Felling practices, 14:934.1
Fire protection
-Blasting and welding, 14:938.7
-Burning permit requirements, 14:938
-Cable block requirements, 14:938.10
-Cooking and warming fires, 14:938.5
-Inspection for fire after felling cessation, 14:938.8
-Passable roads, 14:938.3
-Posting safety procedures, 14:938.6
-Smoking and match restrictions, 14:938.4
-Suppression resource inventory, 14:938.1
Geographic boundaries, 14:908
Hazard reduction
-Purpose of rules, 14:937
-Residual tree protection, 14:937.7
-Slash control
— Broadcast burning, 14:937.3
— Burning notification, 14:937.6
— Pile burning, 14:937.5
— Treatment, 14:937.2
Insect and disease control
-Northern spotted owls
— Protection, 14:939.9
—Take, 14:939.10
-Prevention, 14:937.9
-Reporting requirements, 14:937.10
Lake County Scenic Combining District,
14:945-14:945.5
Maximum sustained production of high quality tim-
ber products (MSP), 14:933.10, 14:933.11
Purpose of rules, 14:931
Revegetation
-Even-aged stand management, 14:933.1
Sensitive species classification
-Wildlife habitat protection, 14:939.12
Sensitive watersheds
See Watercourse and lake protection, this heading
Site preparation
-Heavy equipment use, 14:935.1
-Natural resources protection, 14:935.3
-Purpose of rules, 14:935
-Timber harvesting plan addendum, 14:935.4
-Vegetation treatment, 14:935.2
Snag retention
-Wildlife habitat protection, 14:939.1
Stocking
-Alternative prescriptions, 14:933.6
-Intermediate treatments, 14:933.3
-Minimum standards, 14:932.7
-Preliminary status report, 14:933.5
-Silvicultural systems, 14:933
-Special harvesting methods, 14:933.4
-Uneven-aged stand management, 14:933.2
Timber harvesting plans
See LOGGING AND SAWMILLS
NORTHERN FOREST D\STR\CT-conliniied
Tractor operations, 14:934.2
Tractor road water crossings, 14:934.8
Watercourse and lake protection
-Alternative measures, 14:936.6
-Beneficial uses of water, 14:936.2
-Coho salmon protections, 14:936.9.1-14:936.9.2
— Monitoring, 14:936.11.1
— Roads and landings, 14:943.9.1-14:943.9.2
-Domestic water supply, 14:936.10
-Erosion control, 14:936.7
-Evaluation of mitigations and practices, 14:936.11
-Federal Clean Water Act listed watersheds,
14:936.12
-General limitations, 14:936.3
-In lieu practices, 14:936.1
-Protection zone width determination, 14:936.5
-Purpose of rules, 14:936
-Requirements, 14:936.4
-Sensitive watersheds, 14:936.8
-Threatened or impaired values of watersheds,
14:936.9, 14:943.9
Wildlife habitat protection, 14:939-14:939.15
-Applicability of regulations, 14:939
-Clearcutting of meadows and wetlands, 14:939.15
-Nest sites
— Alternatives, 14:939.5
— Sensitive species, 14:939.2
— Specific requirements, 14:939.3
-Non-listed species, 14:939.4
-Sensitive species classification, 14:939.12
-Snag retenrion, 14:939.1
Winter restrictions, 14:934.7
NORTHERN PIKE
Bag and possession provisions, 14:5.51
Grizzly Valley Dam, temporary reduction of flows,
for eradication of, 14:721
NORTHERN SPOTTED OWLS
See OWLS, NORTHERN SPOTTED
NORTH GRASSLANDS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
NORTH TABLE MOUNTAIN ECOLOGICAL
RESERVE, 14:630
NOTICE
Beverage container recycling centers, requirements,
14:2505
Coastal commission hearings
-Cease and desist orders, 14:13182
-Restoration orders, 14:13192
Endangered species, incidental take permits,
14:783.5
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Fish and game
-Revocation or suspension of license or permit,
14:746
Fish and game department
-Environmental certified regulatory programs
—Decision, 14:777.9
— Proposed regulations, 14:777.7
Forest road management plans, filing, 14:1093.6
Forestry and Fire Protection Board, administrative
penalty hearings
-Notice of defense/request for hearing, 14:1057.1
—Form, 14:1057.5
-Pubhc notice, 14:1058
Mining and Geology Board
-Administrative penalty petitions
— Notice of defense, 14:3901
— Notice of hearing, 14:3906
Oil spill prevention and response
-Administrative compliance actions
— Notice of defense, 14:874.2
— Notice to comply, 14:873.4
-Contingency plan grants, award or denial,
14:852.61.9
-Financial responsibility, material change, 14:797
San Francisco Bay Conservation And Development
Commission
-Ex parte communications, 14:10286
TITLE 14 INDEX
OIL AND GAS
43
N01\CE-coiitimied
San Francisco Bay Conservation And Developmenl
Commission-continued
-Party response to, 14:10287
San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy projects, 14:14023
San Joaquin River Conservancy projects, 14:25003
Solid waste facilities, violation notices and penal-
ties
-Intent to list facility on inventory of facilities vio-
lating minimum standards, 14:18362
— Rescission, 14:18363
Threatened species, incidental take permits,
14:783.5
Timber operations
-Commencement of operations, 14:1092.15
-Emergencies, 14:1052, 14:1052.5
-Program timber harvesting plans
—Conformance, 14:1092.24
—Filing, 14:1092.17
—Intent, 14:1092.05
NUDITY
Parks and recreation areas, 14:4322
NUISANCES
Definitions
-Waste disposal, 14:17225.45, 14:17402
Odors
See ODORS
Solid waste transfer/processing operations and
facilities, 14:17408.5
o
OASIS SPRINGS ECOLOGICAL RESERVE,
14:630
OCEAN AND SAN FRANCISCO BAY DISTRICT
Geographic definition, 14:27.00
OCEANS
See WATER POLLUTION AND CONTROL
Fishing
See FISHING, subheading: Ocean waters
OCTOPUS, 14:29.10
ODORS
Agricultural wastes as cause of
-Definitions, 14:17810.5
Solid waste as cause of
-Putrescible wastes, defined as, 14:17225.52
OFFICE BUILDINGS
Commercial solid wastes, defined, 14:17225.12
OFF-ROAD VEHICLES
Definitions, 14:4970.00
-Applications received after Jan. 1, 2006,
14:4970.50
Park and recreation area restrictions, 14:4352
Pismo Dunes State Vehicular Recreation Area, spe-
cial provisions, 14:4610
Recreation grants, 14:4970-14:4970.21
-Accounting requirements, 14:4970.21
-Acquisition projects, 14:4970.04
-Annual program review meeting, 14:4970.02
-Applicability of rules, 14:4970
-Applications, 14:4970.03
—Approval, 14:4970.20
—Evaluation, 14:4970.19
-Applications received after Jan. 1, 2006,
14:4970.49-14:4970.72
— Accounting requirements, 14:4970.70
— Acquisition projects, 14:4970.54
— Annual program review meeting, 14:4970.52
— Applications, 14:4970.53
Approval, 14:4970.68
Evaluation, 14:4970.67
—Audits, 14:4970.71, 14:4970.72
— CEQA compliance, 14:4970.63
— Conservation projects, 14:4970.55
—Definitions, 14:4970.50
OFF-ROAD VEHICLES-ro/;//>;we6f
Recreation grants-continued
-Applications received after Jan. 1, 2006-continued
— Development projects, 14:4970.56
— Facilities operation and maintenance projects,
14:4970.57
— Habitat management program. 14:4970.64
— Inspections by Division, 14:4970.71
— Law enforcement projects, 14:4970.58
— Match requirements for funding, 14:4970.66
— Performance review, 14:4970.71
— Planning projects, 14:4970.60
— Project agreements, 14:4970.69
— Purpose of program, 14:4970.51
— Restoration projects, 14:4970.61
— Safety education projects, 14:4970.59
— Soil conservation program, 14:4970.65
— Trail maintenance, 14:4970.62
— Wildlife habitation protection program,
14:4970.64
-CEQA compliance, 14:4970.15
-Definitions, 14:4970.00
-Development projects, 14:4970.05
-Equipment projects, 14:4970.06
-Facilities operation and maintenance projects,
14:4970.07
-Funding
—Allocation, 14:4970.20
— Match requirements, 14:4970.18
-Habitat management, 14:4970.16
-Inspections by Division, 14:4970.21
-Law enforcement projects, 14:4970.08
-Performance review, 14:4970.21
-Planning projects. 14:4970.10
-Purpose of, 14:4970.01
-Resource management projects, 14:4970.11
-Restoration projects, 14:4970.12
-Safety education projects, 14:4970.09
-Scientific research projects, 14:4970.13
-Soil conservation, 14:4970.17
-Studies, 14:4970.13
-Trail maintenance, conservation, and rerouting
projects, 14:4970.14
-Wildlife habitation protection, 14:4970.16
OIL, GAS, AND GEOTHERMAL RESOURCES
DIVISION
Environmental Quality Act, responsibilities
-Decision making body defined, 14:1681.1
-Delegation of responsibilities, 14:1683.6
-Discretionary projects, 14:1683.2
-Environmental impact reports
— Consultation, 14:1683.1
— Evaluation, 14:1685
— Federal projects coordination, 14:1683
-Exempt projects, 14:1684-14:1684.2
-Geothermal exploration, 14:1681.4
— Application, 14:1682
— Delegation of lead agency responsibilities,
14:1683.7
— Lead agency time limits, 14:1682.1
-Responsible agency time limits, 14:1683.5
-Scope of rules, 14:1681
Professional services firms, contracting,
14:1690-14:1699
-Amendments, 14:1696
-Bids, soliciting, 14:1698
-Contract negotiation, 14:1695
-Definitions, 14:1690.1
-Estimate of value of services, 14:1692
-Evaluation of qualifications and performance data,
14:1694
-Excluded services, 14:1699
-Project performed in phases, 14:1697
-Publication of announcement, 14:1693
-Selection criteria, 14:1691
-Selection of firms, 14:1690
OIL AND GAS
Cleanup agents, 14:884.5-14:886.6
Definitions
-Abandonment date, 14:1996.8
-Cessation of drilling date, 14:1996.7
-Environmental protection rules, 14:1760
-Experimental log and test, 14:1996.3
OIL AND GAS-continued
Defin\Uons-i:ontinued
-Extenuating circumstances, 14:1996.9
-Interpretative data, 14:1996.4
-Methane hazards reduction assistance programs,
14:1791
-Offshore well, 14:1741, 14:1996.5
-Onshore well, 14:1720
-Records, 14:1996.1
-Tank vessels, 14:790
— Escort requirements
Humboldt Bay, 14:851.81
Los Angeles/Long Beach Harbor, 14:851.21
Port Hueneme Harbor, 14:851.51
San Diego Harbor, 14:852.1
San Francisco Bay Region, 14:851.3
— Transfer operations, 14:841
— Vessel traffic information service, 14:852.22
-Wells, 14:1996.6
District boundaries, map, 14:1998.2
Environmental protection
-Channel use to transport waste water prohibitions,
14:1771
-Definitions, 14:1760
-Facilities and equipment maintenance, 14:1774
-Hazard enclosure requirements, 14:1778
-Oilfield sumps, 14:1770
-Purpose of rules, 14:1750
-Restoration of well site, 14:1776
-Special requirements, 14:1779
-Tank settings, 14:1773
-Waste and refuse disposal, 14:1775
Industrial oil, recycling, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
Landfills
-Explosive gases, control of, 14:17258.23
Lubricating oil, recycling, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
Map of district boundaries, 14:1998.2
Methane hazards reduction assistance
-Application and award procedures,
14:1792-14:1798
-Definitions, 14:1791
-Fiscal requirements for grants, 14:1797
-Grant amount available, 14:1792
-Purpose of rules, 14:1790
-Submission of documents, 14:1798
Offshore facilities
-Blowout prevention, 14:1744.5
-Casing, 14:1744.1
—Cementing, 14:1744.3
— Pressure tesring, 14:1744.4
— String description, 14:1744.2
-Definitions, 14:1741
-Drilling, 14:1744
—Fluids, 14:1744.6
-Identification, 14:1742
-Incorporation by reference, 14:1740.4
-Injection wells
— Apphcability, 14:1748
— Approval required, 14:1748.2
— Data requirements, 14:1748.3
— Waste disposal requirements, 14:1748.1
-Operations approval required, 14:1740.5
-Plugging and abandonment, 14:1745
— Annular space, 14:1745.4
—Casing stubs, 14:1745.3
— Clearance of location, 14:1745.8
—Junk in hole, 14:1745.2
—Mud filling, 14:1745.7
— Permanent, 14:1745.1
— Surface plugs, 14:1745.5
— Temporary, 14:1745.9
— Testing of plugs, 14:1745.6
— Witnessing of operations, 14:1745.10
-Poficy, 14:1740.1
-Purpose of rules, 14:1740
-Records, 14:1746
—Filing, 14:1746.1
— Wellsite records, 14:1746.2
-Requirements, 14:1743
-Revision of rules, 14:1740.3
-Safety and pollution control, 14:1747
— Contamination containment, 14:1747.3
44 OIL AND GAS
CALIFORNIA CODE OF REGULATIONS
OIL AND GAS~coiitimied
Offshore facilities-(.(7/7///u/f'^/
-Safety and pollution control-(;oH//'«i/<?^
— Electrical equipment installation, 14:1747.9
— Emergency power supply, 14:1747.4
— Equipment requirements, 14:1747.1
— Fire protection, 14:1747.5
— Gas detection system, 14:1747.6
Diagram, 14:1747.8
Installation application, 14:1747.7
— Safety devices. 14:1747.2
— Testing and inspection, 14:1747.10
-Scope ol' rules, 14:1740.2
Oil spills
See OIL SPILL PREVENTION AND
RESPONSE
Oil sumps hazardous to wildlife, 14:740
Onshore wells
-Definitions, 14:1720
-Equipment requirements
— Critical well safety devices, 14:1724.3
Testing and inspection, 14:1724.4
— Maintenance, 14:1724.2
-Idle wells, testing, 14:1723.9
-Injection wells
— Approval required, 14:1724.6
— Data requirements, 14:1724.7
— Filing, notification, operating and testing require-
ments, 14:1724.10
— Gas storage, 14:1724.9
— Steam-enhanced recovery, 14:1724.8
-Operation requirements, 14:1722
— Acquisition, 14:1722.1
— Approval required, 14:1714
— Blowout prevention, 14:1722.5
—Casings, 14:1722.2-14:1722.4
— Directional surveys, 14:1722.7
—Drilling fluids, 14:1722.6
—Identification, 14:1722.1.1
— Plugging and abandonment, 14:1723, 14:1723.8
Casing recovery, 14:1723.6
Casing shoes, 14:1723.3
Ground water protection, 14:1723.2
Inspections, 14:1723.7
Special zone requirements, 14:1723.1
Surface plugging, 14:1723.5
— Recordkeepin'g, 14:1724, 14:1724.1
—Testing of idle wells, 14:1723.9
-Scope of regulations, 14:1712
-Spacing plans
— Exceptions, 14:1721.7
— Petition for alternate plan, 14:1721.3
Actions, 14:1721.3.1
Judicial review, 14:1721.5
New operations prohibited pending outcome,
14:1721.4
— Pooling agreement requirement, 14:1721.8
— Producing interval limitations, 14:1721.1
— Purpose of rules, 14:1721
— Revision, 14:1721.6
— Supervisor proposal, 14:1721.2
—Well surveys, 14:1721.9
Pipelines
-Environmental Quality Act exemptions, 14:15284
Pollution control
See Environmental protection, this heading
Public records
-Confidential status
—Extension, 14:1997.2
—Request, 14:1997.1
-Definitions, 14:1996
— Abandonment date, 14:1996.8
—Applicant, 14:1996.10
— Cessation of drilling date, 14:1996.7
— Experimental log and test, 14:1996.3
— Extenuating circumstances, 14:1996.9
— Interpretative data, 14:1996.4
—Offshore well, 14:1996.5
— Records, 14:1996.1
—Well, 14:1996.6
-Disclosure guidelines, 14:1998.2
-Experimental log or test classification, 14:1997.3
-Interpretive data classification, 14:1997.4
-Policy, 14:1995.1
OIL AND GAS-conlinued
Public Tccords-conliinied
-Purpose of rules, 14:1995
-Scope of rales, 14:1995.2
-Status determination, 14:1997
—Appeal, 14:1997.5
Recycling
See USED OIL RECYCLING PROGRAMS
Reporting requirements
-Marine facility and vessel transfer operations,
14:844.2
—Small facilities, 14:844.5
Spill prevention
See OIL SPILL PREVENTION AND
RESPONSE
Sumps
See SUMPS
Tank vessels
-Draining oil, 14:843.5
-Escort requirements
—Humboldt Bay, 14:851.80-14:851.86
Definitions, 14:851.81
Escort tug requirements, 14:851.82-14:851.85
Purpose and scope, 14:851.80
Remedies, 14:851.86
--Los Angeles/Long Beach Harbor,
14:851.21-14:851.29
Applicability, 14:851.22
Bollard pull testing and certification, 14:851.23
Braking force of tugs, 14:851.27.1
Compliance monitoring and notification,
14:851.31
Crew members, 14:851.23
Definitions, 14:851.21
Equipment, 14:851.23, 14:851.27.1
Force selection matrix, 14:851.27, 14:851.29
Pre -escort conferences, 14:851.24
Purpose and scope, 14:851.20
Remedies, 14:851.32
Reporting of violations, 14:851.30
Speed limits for tank vessels, 14:851.25
Stationing requirements, 14:851.27.1
Tanker and tug matching criteria, 14:851.27,
14:851.27.1, 14:851.29
Tankers, general requirements, 14:851.26,
14:851.28
Violations, 14:851.30, 14:851.32
—Port Hueneme Harbor, 14:851.50-14:851.54
Definitions, 14:851.51
Escort tug requirements, 14:851.51.1-14:851.53
Purpose and scope, 14:851.50
Remedies, 14:851.54
—San Diego Harbor, 14:852-14:852.6
Definitions, 14:852.1
Escort tug requirements, 14:852.2-14:852.5
Purpose and scope, 14:852
Remedies, 14:852.6
Testing of tugs, 14:852.3
— San Francisco Bay Region, 14:851.1-14:851.10.1
Applicability, 14:851.4
Barge and tug matching criteria, 14:851.9.1
Barge crew and equipment, 14:851.9.1
Clearing house responsibilities, 14:851.6
Communications, 14:851.7
Definitions, 14:851.3
Effective date, 14:851.1
Penalties, 14:851.10
—Plans, 14:851.5.1
Purpose, 14:851.2
Reporting requirements, 14:851.7
Requests for redeterrhination, 14:851.10.1
Scope, 14:851.2
Tanker and tug matching criteria, 14:851.9
Tugs; braking force, crew, equipment, and sta-
tioning, 14:851.8
Zones, 14:851.5
-Oil spills, financial responsibihty, 14:791-14:797
-Speed limits
— Los Angeles/Long Beach Harbor, 14:851.25
-Vessel traffic information service, Los Ange-
les/Long Beach Harbor, 14:852.20-14:852.30
Unit operations
-Disagreement on price, 14:1882
-Hearings
OIL AND GAS-coininued
Unit operaUons,-i:o)itiniied
-Heai'ings-conliiiued
—Notice, 14:1864
— Procedures, 14:1865
— Time and place, 14:1863
-Intent to purchase, 14:1881.5
-Offers to sell, notice, 14:1881
-Petitions
— Action requests, 14:1850
— Additional information requested, 14:1858
--Approval requests
Additions to unit area, 14:1855
Modifications of unit agreement, 14:1854
Unit agreement, 14:1853
—Costs, 14:1831
— Disagreement resolution, 14:1856
— Failure to pay, 14:1832
—Fees, 14:1830
— Inability to meet financial obligations, 14:1857
-Purpose of rales, 14:1810
-Standards, 14:1821
Used oil recycling
See USED OIL RECYCLING PROGRAMS
Wells
See Offshore facilities, this heading; Onshore
wells, this heading
OIL RECYCLING
See USED OIL RECYCLING PROGRAMS
OIL SPILL PREVENTION AND RESPONSE
Abbreviations, 14:790
-Cleanup agents, 14:884.5
Administrative compUance actions,
14:873-14:874.6
-Applicable statutes, regulations, permits, and
orders, 14:873.2
-Classification of violations, 14:873.3
-Complaints, 14:874.1
-Definitions, 14:873.1
-Discharge of oil, 14:873.7
-Hearings
—Complaint, 14:874.1
— Order setting penalty, 14:874.5
— Penalty statutes incorporated by reference,
14:874.4
— Procedures, 14:874.3
— Purpose and scope, 14:874
— Request for, 14:874.2
— Review of decision, 14:874.6
-Notice of defense, 14:874.2
-Notice to comply, 14:873.4
-Penalties, 14:873.3
— Allocation of funds collected, 14:873.2
— Discharge of oil, additional, 14:873.7
—Order, 14:874.5
— Statutes incorporated by reference, 14:874.4
-Public Resources Code violations, 14:873.6
-Purpose, 14:873
-Scope, 14:873
-Section 8670.67 violations, 14:873.5
-Separate actions, 14:873.2
-Separate violations each day or partial day,
14:873.2
Barges, financial responsibihty, 14:791-14:797
Cleanup agents
-Abbreviations, 14:884.5
-Changes in formulation, notice, 14:885.4
-Definitions, 14:884.5
-Exemptions
—Appeals, 14:885.2
— Applications, 14:885.2
-Labeling, 14:885.8
-License, 14:885.1-14:885.9
—Appeals, 14:885.2
— AppUcability, 14:885.1
— Applications, 14:885.2
Accuracy of information, 14:885.4
Changes in formulation, notice, 14:885.4
— Efficacy and toxicity criteria, 14:885.6
— Exemptions, 14:885.1
—Fees, 14:885.2
—Issuance, 14:885.7
— Legal responsibilities, 14:885.9
TITLE 14 INDEX
OIL SPILL PREVENTION AND RESPONSE 45
OIL SPILL PREVENTION AND
RESPOtiSE-contimied
Cleanup agents-continued
-License-continued
— Not endorsement, 14:886.6
— Revocation, 14:885.3
— Term and renewal, 14:885.2
—Testing, 14:885.5
-Penalties, 14:886.4
-Purpose of rules, 14:884
-Scope of niles, 14:884
-Testing, 14:885.5
-Use of, 14:886.1
— Prior to licensing, 14:886.2
Complaints, compliance violations, 14:874.1
Compliance violations
-Administrative compliance actions,
14:873-14:874.6
-Hearings, 14:874-14:874.6
Contingency plan grants, 14:852.60.1-14:852.62.3
-Administrator, oil spill response
— Duties and responsibilities, 14:852.60.4
-A,greement, 14:852.61.10
— Terms and conditions, 14:852.61.11
-Amount of, 14:852.61.5
-Applications, 14:852.61.1-14:852.62.3
— Applicability of provisions, 14:852.61.1
—Contents, 14:852.61.6
—Eligibility, 14:852.61.3
— Evaluation and selection, 14:852.61.8
— Notice of award or denial, 14:852.61.9
—Process, 14:852.61.2
—Review, 14:852.61.7
— Scope of provisions, 14:852.61.1
-Citation of regulations, 14:852.60.1
-Definitions, 14:852.60.2
-Funds, payment of, 14:852.61.12
-Objectives, 14:852.60.3
-Plan elements
—Format of, 14:852.62.1
— Minimum planning requirements, 14:852.62.2
— Submittal and approval of, 14:852.62.3
Contingency plans
-Authority of Coastal Commission, 14:815.07
-Compliance requirements, 14:815.07, 14:816.06
-Definitions, 14:815.05
-Format, 14:816.02
-General requirements, 14:815.07
-Implementation and use, 14:816.04
-Initial notification of spill, 14:815.07
-Liuiguage requirements, 14:815.07
-Marine facilities
—Applicability, 14:817.01
— Exemptions, 14:817.01
—Plan content, 14:817.02
— Small marine fueling facilities, plan content,
14:817.03
-Nontank vessels, 14:825.01-14:827.02
-Notice requirements, 14:815.07
-Oil spill response organization (OSRO) ratings,
14:819.01-14:819.07
—Appeals, 14:819.07
—Applicability, 14:819.01
— Applications
Content, 14:819.02
Review, 14:819.03
Verification and drills, 14:819.03
—Denial, 14:819.06
— Notice of reduction in response resources,
14:819.05
—Purpose, 14:819.01
— Rating procedure, 14:819.04
—Reconsideration, 14:819.06, 14:819.07
—Renewals, 14:819.04
— Suspension or revocation, 14:819.06
—Updates, 14:819.04
-Outline of provisions, 14:815.02
-Penalties, 14:816.06
-Purpose and scope, 14:815.03
-Review and approval, 14:816.03
-Submittal, 14:816.01
-Tank vessels
—Applicability, 14:818.01
—Exemptions, 14:818.01
OIL SPILL PREVENTION AND
RESPOHSE-continued
Contingency plans-continued
-Tank vesse\s-i:ontinued
—Plan content, 14:818.02
-Updates, 14:816.05
-Vessels
— Carrying oil as secondary cargo, plan content,
14:818.03
Definitions, 14:790
-Administrative compliance actions, 14:873.1
-Certificates of financial responsibility, 14:791
-Cleanup agents, 14:884.5
-Contingency plans, 14:815.05
— Nontank vessels, 14:825.05
-Harbor safety committees and safety plans,
14:800
Discharge of oil, civil penalties, 14:873.7
Financial responsibility
-Barges, 14:791-14:797
-Certificates of
— Application procedures, 14:791.7
— Definitions, 14:791
— Revocation, 14:796
— Schedule of compliance, 14:791.5
— Suspension, 14:797
-Evidence of financial responsibility, 14:795
-Guaranty, 14:795
-Insurance, 14:795
-Letter of credit, 14:795
-Marine facilities, 14:793
-Mobile transfer units, 14:793
-Multiple vessels/facilities, 14:794
-Nontank vessels, 14:792
-Notice of material change, 14:797
-Oil Spill Prevention and Administration Fund Fee
— Definitions, 14:870.15
— Determination of, 14:870.19
— Payment of, 14:870.17
— Pipeline-transported products, 14:870.17
—Usage of, 14:870.21
— Vessel-transported products, 14:870.17
-Owners of oil, 14:792
-Requirements, 14:792-14:794
-Self-insurance, 14:795
-Small barges, 14:793
-Surety bond, 14:795
-Tankers, 14:791-14:797
-Vessel operators or owners, 14:792, 14:793
Harbor safety, 14:800-14:802
-Committees, 14:800.5
— Membership, 14:800.6
-Definitions, 14:800
-Plans
— Content requirements, 14:802
— General requirements, approval, 14:801
Local contingency plan grants,
14:852.60.1-14:852.62.3
Marine facilities
-Contingency plans, 14:817.01-14:817.03
-Financial responsibility, 14:793
Nontank vessels
-Contingency plans, 14:825.01-14:827.02
— Appeal of denial or revocation of plan,
14:826.03
— Applicability of regulations, 14:827.01
— Authority of Coastal Commission, 14:825.07
— Compliance requirements. 14:825.07, 14:826.06
— Content of plan, 14:827.02
—Definitions, 14:825.05
— Format of plan, 14:826.02
— General requirements, 14:825.07
— Implementation and use of plan, 14:826.04
— Language requirements, 14:825.07
— Notice requirements, 14:825.07
— Penalties for noncompliance, 14:826.06
—Purpose, 14:825.03
— Resubmission of plan, 14:826.05
—Scope, 14:825.03
—Submittal of plan, 14:826.01
— Transfer operations, conditions, 14:825.07
— Updates of plan, 14:826.05
-Defined, 14:790, 14:791
Nontank vessels, financial responsibiUty, 14:792
OIL SPILL PREVENTION AND
nESPONSE-continued
Notice
-Administrative compliance actions
— Notice of defense, 14:874.2
— Notice to comply, 14:873.4
Oil recovered, 14:877-14:880
-Debris, 14:879
-Definitions, 14:877.2
-Exceptions, 14:877.1
-Liquid petroleum hydrocarbons, 14:877.3
— Calculation for total recovery, 14:880
— Methods for determining amounts recovered,
14:879
— Sampling analysis and calculation, 14:878
-Purpose of provisions, 14:877
-Scope of provisions, 14:877
-Sorbents, 14:879
Oil spill response organization (OSRO) ratings,
14:819.01-14:819.07
Penalties for comphance violations, 14:873.3
-Allocation of funds collected, 14:873.2
-Discharge of oil, additional, 14:873.7
-Order, 14:874.5
-Statutes incorporated by reference, 14:874.4
Picking up disabled wildlife, prohibition, 14:679
Recovery of petroleum hydrocarbons,
14:877-14:880
Tank vessels
-Contingency plans, 14:818.01-14:818.03
-Escort requirements
—Humboldt Bay, 14:851.80-14:851.86
—Long Beach Harbor, 14:851.20-14:851.32
—Los Angeles Harbor, 14:851.20-14:851.32
—Port Hueneme, 14:851.50-14:851.54
—San Diego Harbor, 14:852-14:852.6
—San Francisco Bay Region, 14:851.1-14:851.10.1
-Financial responsibility, 14:791-14:797
-Oil Spill Prevention and Administration Fund Fee,
14:870.17
Transfer operations, 14:840-14:845.2
-Administration, 14:840.2
-Applicability, 14:840.1
-Code of Federal Regulations provisions incorpo-
rated by reference, 14:842
-Communications, 14:843.7
-Containment and response equipment, 14:844
— Small marine fueling facilities, 14:844.3
-Definitions, 14:841
-Emergency shutdown, 14:843.6
-Exemptions, requests for, 14:843
-Inspections, 14:845-14:845.2
-Lightering operations, 14:844.6-14:844.7
-Oil discharge cleanup, 14:844.1
— Small marine fueling facilities, 14:844.4
-Person in charge, 14:843.1
-Personnel, work limitations, 14:843.9
-Pre-transfer requirements, 14:843.8
-Procedures, 14:843.2-14:843.4
-Reporting requirements, 14:844.2
— Small marine fueling facilities, 14:844.5
-Short title, 14:840
Vessels
-Defined for purposes of harbor safety committees
and safety plans, 14:800
Vessel traffic information service, Los Ange-
les/Long Beach Harbor, 14:852.20-14:852.30
-Administrator's duties, 14:852.26
-Apphcability of regulations, 14:852.23
-Definitions, 14:852.22
-Effective date of regulations, 14:852.20
-Fees, 14:852.27-14:852.29
-Marine exchange duties, 14:852.26
-Penalties, 14:852.30
-Purpose of regulations, 14:852.21
-Reporting area, 14:852.24
-Reporting requirements, 14:852.25
Violations
-Administrative compUance actions,
14:873-14:874.6
Wildlife, prohibition against picking up disabled,
14:679
46
OLYMPIC GAMES
CALIFORNIA CODE OF REGULATIONS
OLYMPIC GAMES
Environmental Quality Act of California, exemp-
tion, 14:15272
OMBUDSPERSON
Coastal commission, 14:13034
O'NEIL FOREBAY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:351
Public use activities, 14:550
OPEN BURNING
Definition
-Waste management, 14:17402
Logging operations
-Site preparation
— Coast Forest District, 14:915.2
-Slash
— Broadcast burning
Coast Forest District, 14:917.3
Northern Forest District, 14:937.3
Southern Forest District, 14:957.3
— Notification
Coast Forest District, 14:917.6
Northern Forest District, 14:937.6
Southern Forest District, 14:957.6
— Piles and concentrations
Coast Forest District, 14:917.5
Northern Forest District, 14:937.5
Southern Forest District, 14:957.5
— Residual tree protection
Coast Forest District, 14:917.7
Northern Forest District, 14:937.7
Southern Forest District, 14:957.7
Smoke management
-Chaparral management program, 14:1569.6
OPEN RECORDS
See ACCESS TO INFORMATION
OPEN SPACE PRESERVATION
Environmental Quality Act exemptions, 14:15317,
14:15325
Land conservation contracts, cancellation fee waiv-
ers, 14:14125
ORANGE COUNTY
Construction aggregate resources, 14:3550.4
ORGANIC WASTE
See SOLID WASTE
OROVILLE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
OSCA (OIL SPILL CLEANUP AGENTS)
See OIL SPILL PREVENTION AND
RESPONSE
OSPREYS
Nest site protection, logging operations
-Coast forest district, 14:919.3
OTAY MOUNTAIN ECOLOGICAL RESERVE,
14:630
OTTERS, RIVER
Hunting prohibition, 14:460
OUTER CONTINENTAL SHELF
See CONTINENTAL SHELF
OWLS
Endangered species, 14:670.5
OWLS, NORTHERN SPOTTED
Habitat
-Maps showing sites, when required, 14:919.9,
14:939.9
-Surveys of sites, discussion required, 14:919.9,
14:939.9
Protection, logging operations
-Coast Forest District, 14:919.9
-Northern Forest District, 14:939.9
-Procedures, 14:919.9, 14:939.9
Take
-Finding of, 14:919.10, 14:939.10
-Incidental taking permit, 14:919.9, 14:939.9
-Logging activity resulting in, 14:919.9, 14:939.9
-Logging operations
OWLS, NORTHERN SPOUEQ-continued
Take-coritinuec!
-Logging opcrmons-continued
— Coast Forest District, 14:919.10
— Northern Forest District, 14:939.10
Timber harvesting plans, 14:898.2
PACHECO HAZARDOUS FIRE AREA
Geographic boundaries, 14:1205.3
PACIFIC COD
Bag and possession provisions, 14:28.57
PACIFIC GROVE STATE MARINE CONSERVA-
TION AREA, 14:632
PACIFIC SANDDAB
Bag and possession provisions, 14:28.48
PACIFIC WHITING
Bag and possession provisions, 14:28.57
PACKAGING
See LABELING AND PACKAGING
PACOIMA WASH
Construction aggregate resources, 14:3550.1
PAINTED CAVE STATE MARINE CONSERVA-
TION AREA, 14:632
PALMDALE REGION
Construction aggregate resources, 14:3550.9
PALM SPRINGS REGION
Construction aggregate resources, 14:3550.15
PALOS VERDES
Construction aggregate resources, 14:3550.5
PANOCHE HILLS ECOLOGICAL RESERVE,
14:630
PANTHERS
See generally WILD ANIMALS
PAPER
Newsprint, recycled paper content
See NEWSPAPERS, subheading: Recycled paper
content
Solid waste category
-Defined as rubbish, 14:17225.59
PARKING
Solid waste management collection and transporta-
tion equipment, 14:17343
Solid waste transfer/processing operations and
facilities, 14:17409.6
State forests
-Recreational use, parking time limits, 14:1430
PARKS AND RECREATION
Aircraft restrictions, 14:4304
Archaeological feature defacement, 14:4308
Assembly restrictions, 14:4321
Authority, 14:4300
Bicycles, 14:4360
Boating
-Inspections of vessels, 14:4662
-Launching areas, 14:4657
-Nighttime operation, 14:4659
-Speed limits, 14:4658
-Vessel limitations, 14:4660
-Waste disposal, 14:4661
Campfires, 14:431 1
Camps
See CAMPS AND CAMPING
Classification of unit, general plan, 14:4332
Concession contract awards, 14:4400
Curfews, 14:4317
Definitions, 14:4301
-Camping, 14:4451
-Exposition and State Fair rules, 14:4950
-Land and water conservation grant programs,
14:4900
-Special Events, 14:4301
PARKS AND nECREAT\ON-<:ontiniied
Depaitment
See PARKS AND RECREATION DEPART-
MENT
Driftwood, removal restrictions, 14:4306
Environmental Quality Act exemptions. 14:15316
Equipment and occupancy, 14:4323
-Food storage, 14:4323
Exposition and State Fair
-Alcoholic beverages, 14:4958
-Assembly, 14:4956
-Closed hours, 14:4957
-Definitions, 14:4950
-Facilities use. payments, 14:4951
-Fires, 14:4953
-Litter, 14:4952
-Pets, 14:4954
-Soliciting, 14:4959
-Vehicles
— Operation, 14:4961
—Speed limit, 14:4960
-Weapons, 14:4955
Fees for use, 14:4302, 14:4453
-Exceptions, 14:4302
Filming, commercial, 14:4316
Fire safety
-Fireworks, 14:4314
-Smoking, 14:4311
-Stove fires, 14:4311
Games and recreational activities, 14:4319
-Limitations of, 14:4319
-Safety, 14:4319
-Special events permits, 14:4319
Geological feature defacement, 14:4307
Glass container prohibitions, 14:4333
Horseback riding, 14:4359
Hunting
-Auburn State recreation area, 14:4501
-Lake Oroville State Recreation Area, 14:4501
-Lake Ferris State Recrearion Area, 14:4501
-Picacho State Recreation Area, 14:4501
-Providence Mountains State Recreation Area,
14:4501
-San Luis Reservoir State Recreation Area,
14:260.3, 14:4501
-Weapon and trap restrictions, 14:4313
Land and water conservation grants
-Allocation of funds, 14:4902
-Applications
—Format, 14:4910
— Submission, 14:4911
-Authority, 14:4901
-Availabihty and disbursement of funds, 14:4920
-Definitions, 14:4900
-Priorities among projects, 14:4904
-Project criteria, 14:4903
Littering, 14:4310
Local coastal development permit programs
-Delinearion of ports, 14:13610
Motion picture production, 14:4316
Natural preserves, 14:4759
Noise control, 14:4320
Nudity, 14:4322
Off-road vehicles, grants, 14:4970-14:4970.21,
14:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
Peeping Toms, 14:4318
Pesticide use restrictions, 14:4330
Pet restricrions, 14:4312
Posted notices, 14:4326
Roberti-Z'berg Urban Open-Space and Recreation
Program
-Applications, 14:4930-14:4933
— CEQA compliance, 14:4933
— Certification by legal counsel, 14:4932
— Form and content, 14:4930
— Governing body resolution, 14:4931
-Grants
— Matching contributions, 14:4935
— Reports to State, 14:4934
Rockhounding, 14:4611
Sacramento-San Joaquin Delta land use plan,
14:20090
Sanitation, 14:4324
TITLE 14 INDEX
PERMITS 47
•
•
PARKS AND r\ECREAJ\Ofi-continued
Smoking, 14:4311
Soliciting prohibitions, 14:4331
Special collecting permits, 14:4309
Specific unit provisions
-Angel Island Stale Park, 14:4603
-GuTizo Impact Area, 14:4604
-Ci-ystal Cove Historic District. 14:4612
-Hearst San Simeon State Historical Monument,
14:4600
-Mount San Jacinto State Wilderness, 14:4608
-Penasquitos Marsh Natural Preserve. 14:4601
-Pismo Dunes State Vehicular Recreation Area,
14:4609
-Point Lobos State Reserve, 14:4601
-Rockhounding, 14:4611
-Torrey Pines State Reserve, 14:4601
State railroad museum, 14:4613
Surfing, 14:4654
Swimming
-Boat use in designated swimming areas prohib-
ited, 14:4651
-Diving, 14:4656
-False drowning alarm prohibited. 14:4653
-Floating devices in open zones prohibited,
14:4652
-Prohibited area designations, 14:4650
Transportation rules
-Bicycles and operator-propelled devices, 14:4360
-Horses and riding or pack animals, 14:4359
-Off-road vehicles and snowmobiles, 14:4352
-Speed limits, 14:4353
-Vehicle code reference, 14:4350
-Vehicles
— Operation, 14:4355
— Operators, 14:4357
—Parking, 14:4358
— Reinoval of, 14:4356
— Restrictions, 14:4354
-Vessels, removal of, 14:4356
-Wilderness and natural preserves, 14:4351
Underwater activities, restrictions, 14:4664
Unit classification
-Cultural preserves, 14:4760
-Historical units, 14:4754
-State parks, list, 14:4751
-State recreation units, list, 14:4753
-State reserves, list, 14:4752
-State wildernesses, list, 14:4755
Vegetation, removal or disturbance restrictions,
14:4306
Vehicles
See Transportation rules, this heading
Violation of posted orders, 14:4326
Wildhfe disturbance and feeding restrictions,
14:4305
Winter sports
-Designated areas, 14:4701
-Runaway skis, 14:4700
PARKS AND RECREATION DEPARTMENT
Architects or engineers, selection of,
14:4725-14:4736
See also PUBLIC WORKS
Off-highway vehicles recreation area grant pro-
gram, 14:4970-14:4970.21,
14:4970.49-14:4970.72
See also OFF-ROAD VEHICLES
Register of historical resources, 14:4850-14.4858
Relocation assistance, 14:4971
PARTRIDGES
Release into wild, permits, 14:671.6
PARTRIDGES, HUNGARIAN
Hunting provisions, licensed shooting clubs, 14:600
PARTRIDGES, RED-LEGGED
Hunting provisions, 14:300
-Permits, 14:313
PCBs
Land disposal restrictions
-Municipal solid waste landfill units, 14:17258.20
PENALTIES
Coastal commission permits, 14:13172
PEtifiiLJ\ES-<:ontiiwed
Commercial fishing operations
-Herring permittees, 14:163.5
-Salmon perinittees, 14:167
Logging and sawmills, administrative penalty hear-
ings^ 14:1057-14:1059
Mining
-Administrative penalty petitions. Mining and
Geology Board, 14:3900-14:3911
Newsprint recycling certification violations,
14:17974
Oil spills
-Cleanup agents, 14:886.4
-Nontank vessel contingency plan violations,
14:826.06
San Francisco Bay Conservation and Development
Commission
-Appeals, 14:11385
-Complaint contents, 14:11380
-Complaint form, 14:11721 Appx. H
-Contents of order, 14:11383
-Defense statement form, 14:11721 Appx. I
-Fines, 14:11386
-Hearings, 14:11381
-Modification, 14:11384
-Review of complaint, 14:11382
Tires
-Waste tire facilities, financial assurance,
14:18499.6-14:18499.7
-Waste tire hauler registration, civil penalties,
14:18463-14:18466
Trapping of furbearing maminals, 14:465.5
PENASQUITOS MARSH NATURAL PRESERVE
Special Parks and Recreation provisions, 14:4601
PERFORMANCE BONDS
See BONDS, SECURITY
PERMIT REFORM ACT APPEALS
Environmental Affairs Secretary
-Contents, 14:19021
-Deadlines, 14:19022
-Required application information, 14:19020
-Reviews, 14:19023
-Violations
— Failure to notify if application is complete,
14:19024
—Filing fee refunds, 14:19025
PERMITS
Animals, restricted species, 14:671.1
Aquaculture
-Anadromous fish, Davenport Landing Creek,
14:235.2
-Aquarium or pet store sales, 14:227
-Broodstock provisions, 14:243
-Importation of live aquatic plants and animals,
14:236
-Registration requirements, 14:235
Burning
-Forests
— Cable block requirements
Coast Forest District, 14:918.10
Northern Forest District, 14:938.10
Southern Forest District, 14:958.10
— Fire protection
Coast Forest District, 14:918
Northern Forest District, 14:938
Southern Forest District, 14:958
Campfires, 14:1402
Coastal development
See also Local coastal development programs, this
heading
-Acknowledgment of receipt, 14:13158
-Administrative permits
— Amendments, 14:13165
— Applications
Commission level, 14:13152
Copies, 14:13148
Notice, 14:13149
Not thought to be administrative, 14:13147
Statement, 14:13146
— Criteria and contents, 14:13150
— Denial notice, 14:13151
— Reports to Commission, 14:13153
PERMnS-continiied
Coastal dc\/t\opment-<:ontinued
-Adininistrative pernuts-conlinued
— Scope of rules, 14:13145
-Amendments
— Applications, 14:13164
—Fees, 14:13168
-Appeals prior to local program certification
— Commission notification of final action,
14:13343
— Commission procedures, 14:13332
— De novo review, 14:13336
—Effect, 14:13334
— Evidence, 14:13341
—Filing, 14:13333
—Grounds, 14:13335
— Notice of final local action, 14:13331
— Purpose of rules, 14:13330
— Qualifications to testify, 14:13340
— Remand to local government, 14:13339
— Review standard, 14:13342
— Substantial issue determination, 14:13337
—Withdrawals, 14:13338
-Contents, 14:13156
—Disputes, 14:13163
-Distribution of copies, 14:13161
-Emergency work
— Amendments, 14:13166
— Applications
Information requirements, 14:13139
Method, 14:13138
— Criteria for granting, 14:13142
— Immediate action required, 14:13137
— Report to Commission, 14:13143
— Scope of rules, 14:13136
— Verification of emergency, 14:13140
—Waivers, 14:13144
-Enforcement of Coastal Act, 14:13173
-Exclusions
— Categorical exclusions, 14:13240
Commission actions, 14:13243
^Effects, 14:13247
Granting order, 14:13244
Hearings, 14:13242
Interpretation, amendment, or termination,
14:13245
Notification of approvals, 14:13248
Requests, 14:13241
Termination, 14:13249
— De minimis development
Applications, 14:13238.1
Report to Commission, 14:13238.2
Scope of rules, 14:13238
— Parcels added to Coastal Zone on Jan. I, 1980
Acknowledgment hearings, 14:13214.5
Claim forms, 14:13214.2
Effects, 14:13214.7
Initial determination, 14:13214.3
Local government notification, 14:13214.8
Notice of determination, 14:13214.4
Obligation to file, 14:13214.1
Scope of rules, 14:13214
— Urban land
Amendments to granting order, 14:13225
Applicability, 14:13215
Commission action, 14:13221
Commission review, 14:13220
—Denial, 14:13223
Effective date, 14:13222
—Effects, 14:13230
Filing requests, 14:13219
Final request termination, 14:13224
Interi)retation, 14:13231
Local coastal program applicability, 14:13235
Local government request, 14:13216
Preliminary review, 14:13218
Supporting material, 14:13217
Termination, 14:13234
— Vested rights
Acknowledgment hearings, 14:13205
—Claim forms, 14:13202
Effects, 14:13207
Initial determination, 14:13203
Local government notification, 14:13208
48
PERMITS
CALIFORNIA CODE OF REGULATIONS
PERMVTS-continuecl
Coastal development-(.o/77/>u/ec^
-E\c\usionfi-con tinned
— Vested nghls-<:onfinued
Notice of determination, 14:13204
Obligation to file, 14:13201
Scope of rules, 14:13200
-Existing structure improvements, 14:13253
— Single-family residences, 14:13250
-Extensions, 14:13169, 14:13213
-Notice, 14:13162
-Regular permits
— A mend ments, 1 4 : 1 3 1 66
— Appeals
ComjTiission procedures, 14:13110
De novo reviews, 14:13114
—Effects, 14:13112
Evidence, 14:13118
Filing, 14:13111
Final action notifications, 14:13120
—Grounds, 14:13113
Qualifications to testify, 14:13117
Review standards, 14:131 19
Substantial issue determination, 14:13115
Withdrawals. 14:13116
— Applications, 14:13053.4
Amendment of form, 14:13053.6
Amendments, 14:13072
Fees, 14:13055
Filing, 14:13056
Form and information requirements,
14:13053.5
Notice to interested persons, 14:13054
Withdrawals, 14:13071
— Consent calendar, 14:13100
Hearings, 14:13103
Procedures, 14:13101
Removal of items to regular calendar,
14:13102
—Field trips, 14:13069
— Hearings
Conduct, 14:13064
Continued hearings, 14:13070
Evidence rules, 14:13065
Notice, 14:13063
Order of proceedings, 14:13066
Scheduling, 14:13062
Speaker's presentations, 14:13067
— Jurisdiction over portions not within coastal
zone, 14:13050.5
— Local applications
Exemptions, 14:13053
Requirements, 14:13052
— Reapplication, 14:13056.1
— Recommendations
Applicant's postponement, 14:13073
Rescheduling, 14:13074
— Reconsideration
Grounds, 14:13109.4
—Hearings, 14:13109.5
Proceedings initiation, 14:13109.2
—Scope of rules, 14:13109.1
— Revocation
Grounds, 14:13105
—Hearings, 14:13108
Proceedings initiation, 14:13106
—Scope of rules, 14:13104
Suspension, 14:13107
—Scope of rules, 14:13050
— Staff reports
Consolidation, 14:13058
Contents, 14:13057
Distribution, 14:13059
— Voting
Absentees, 14:13095
After recommendation, 14:13090
Commission findings, 14:13096
Effects, 14:13092
Procedures, 14:13094
— Written comments
Distribution, 14:13060
-Repair and maintenance activities, 14:13252
-Sewage treatment works
— Applications
PERMnS-coiitiriued
Coastal development-C(3/7l//it/e(j(
-Sewage treatment works-continued
— Applications-cY57;//7/wef/
Completeness, 14:13652
Filing and hearing procedures, 14:13653
Heai-ings, 14:13655
Preliminary approval waivers, 14:13654
Voting by Commission, 14:13657
— Government funding requested
Applicability, 14:13650
Staff involvement, 14:13651
-Transfer of, 14:13170
-Violations, 14:13172
Collecting in parks and recreational areas, 14:4309
Composting facilities, 14:17854, 14:17855.3
-Pre-existing, 14:17855.4
Conditional permits
-Issued during lawsuit challenging EIR, 14:15233
Continental shelf development
See CONTINENTAL SHELF
Deer farming, 14:676
Endangered species, incidental take permits.
14:783.2-14:783.8
Failure to process
-Appeals to Environmental Affairs Secretary
— Contents, 14:19021
—Deadlines, 14:19022
—Reviews, 14:19023
— Violations
Failure to notify when application complete,
14:19024
Filing fee refunds, 14:19025
Fallow deer farming, 14:676
Field collecting
-Beavers and bears taken from refuge, 14:656
-Scientific or educational use
— Commercial operations
Amphibians and reptiles, 14:651
Bullfrogs, 14:658
— Endangered and threatened animals, 14:670.7
— Exhibition purposes
Possession of protected species, 14:654
— General provisions, 14:650
Fish and game
-Fees, 14:699
-Issuance, CEQA exemption, 14:757
-Issue date, 14:707
-Revocation or suspension, 14:746
Fishing
-Commercial operations
--Anchovies, 14:147
— Brine shrimp, trawling in Mono Lake, 14:120.5
— Broadbill swordfish, 14:107
—Crayfish, 14:116
— Freshwater fish, 14:226.7
— Gill or trammel nets, 14:174
--Herring
Eggs, 14:164
Harvesting, 14:163
Penalties, 14:163.5
Transfers, 14:163.1
— Landing California-caught fish outside Califor-
nia, 14:105.1
— Lobsters, 14:122
— Nearshore fishery permits, 14:150, 14:150.01
Bycatch permits, 14:150.05
— Prawns
Trawling, 14:120, 14:120.3, 14:120.4
— Rock crab, 14:125
— Salmon
Vessel requirements, 14:183
Violation penalties, 14:167
— Sea urchins, 14:120.7
— Sharks, drift gill net use, 14:106
— Shrimp
Powered equipment restrictions, 14:120.6
Trawling, 14:120, 14:120.01
— Squid, experimental vessel permits, 14:149.3
— Swordfish, drift gill net use, 14:106
— Tanner Crab, 14:126
— Tidal invertebrates, 14:123
— Trap use, 14:180
— Trawl net use inside Golden Gate Bridge,
14:119
PEFimiS-continiied
F]sh\ng--<::ontinued
-Destruction of harmful species in private waters,
14:226.5
-Ocean waters, declaration for multi-day trip,
14:27.15
-Sportfishing
— Exchange permits. 14:231
— Suspension or revocation, 14:745.5, 14:746
Hunting
-Deer
— Cooperative hunting areas, 14:554
— Depredation hunts, 14:400, 14:401
-Depredation hunts
--Bears, 14:401
--Beavers, 14:401
—Deer, 14:400, 14:401
—Elk, 14:401
— Gray squirrels, 14:401
— Mountain lions, 14:402
—Wild pigs, 14:401
-Diseased birds or mammals, propagation, sale,
transport or release prohibitions, 14:680
-Dog training and field trials, 14:677
-Fees, 14:699
-Game birds
— Possession, transportation and importation,
14:251.5, 14:251.7
— Shooting clubs, 14:600
— Transportation off Indian reservations, 14:251.8
-Government-owned land, 14:551
-Possession of game birds and mammals, furb-
earers and nongame animals, 14:251.5
-Pursuit of game from moving vehicles, 14:251.2
— Handicapped persons motor vehicle permit,
14:251
-Raptor breeding, 14:678
-Resident small game birds
— Ptarmigans, 14:300
— Sage grouse, 14:300
-Transportation of game animals off Indian reser-
vations, 14:251.8
-Upland game birds, 14:313
-Wildlife areas, 14:550
Local coastal development programs
-Administrative permits
— Amendments, 14:13328.9
—Appeals, 14:13328.8
— Applicant's statement, 14:13328.1
— Copies of application, 14:13328.3
— Criteria and contents, 14:13328.5
— Notice of appHcation, 14:13328.4
—Purpose of rules, 14:13328
— Qualifying applications, 14:13328.2
—Refusal to grant, 14:13328.6
— Reports to local government, 14:13328.7
-Appeals
— Consideration by Commission, 14:13321
— Denied applications, 14:13319
—Effects, 14:13320
— Issuance of permit, 14:13318
— Notification of Commission action, 14:13325
-Applicability, 14:13300, 14:13301
-Contents of plan, 14:13302
-Emergency permits
— Criteria for granting, 14:13329.3
-Emergency work
— Applications, 14:13329.1
— Definition of emergency, 14:13329
— Report to local government, 14:13329.4
— Verification of emergency, 14:13329.2
-Fees, 14:13306
-Implementation alternatives, 14:13303
-Incomplete review, 14:13546
-Issuance
— Notice by local government, 14:13315
— Notification by Executive Director, 14:13317
— Receipt of notification by Executive Director,
14:13316
-Map of affected jurisdiction, 14:13307
-Notice of intent, 14:13304
-Ports, pre-certification permits, 14:13620
-Public works plans
— Amendments
TITLE 14 INDEX
POLICE
49
PERMnS-confinued
Local coastal development pTograms-<:onliiniecl
-Public works plans-conlinued
— Amcndmtnts-coiilimied
Acceptance of minor change applications,
14:13368
Acceptance of regular change applications,
14:13369
Applications, 14:1336,')
—Hearings, 14:13366
— -Notice, 14:13370
Rejection, 14:13367
Review procedure, 14:13371
—Applicability, 14:13351
— Applications
Environmental information, 14:13355
—Filing, 14:13354
—Hearings, 14:13353.5
Information requirements, 14:13353
Preliminary approval waivers, 14:13352
— Plan review
After local plan certification, 14:13357
Prior to local program certification, 14:13356
— Project review, 14:13359
— Purpose of rules, 14:13350
—Review of plan, 14:13358
Logging operations
-Timberland conversion
— Activities prohibited, 14:1103.1
— Application, 14:1103
—Application for, 14:1104.3-14:1105.4
— Cancellation by permittee, 14:1107
—Exemptions, 14:1104.1, 14:1104.2
—Fees, 14:1104.3, 14:1105.1
—Issuance, 14:1106-14:1106.5
—Public record, 14:1103.2
— Requirements, 14:1104
Mcirsh development
-Appeals
— Determination to consider, 14:11450
— Duties of affected local government, 14:11442
—Effects, 14:11441
—Form, 14:11721 Appx. L
—Hearings, 14:11451
— Local government authorizations, 14:11440
— Notification of Commission action, 14:11452
-Applicability, 14:11400
-Applications, 14:11411
—Notice, 14:11412-14:11414
-Authorizations
—Contents, 14:11420
—Finality, 14:11421
—Notice, 14:11430-14:11432
-Exemptions, 14:11721 Appx. C
-Order of permits, 14:11410
Mobility disabled persons motor vehicle permit,
14:251
Mountain lions
-Sales or possession, 14:251.4
Processing time period adoption, 14:19020
San Francisco Bay area conservation and develop-
ment
See SAN FRANCISCO BAY AND BAY AREA
Sardines, 14:158
Solid waste facilities
See generally SOLID WASTE
Threatened species, incidental take permits,
14:783.2-14:783.8
Triploid grass carp, stocking, 14:238.6
Urban forestry program, 14:1552.3
Waste tire facilities, 14:18420-14:18499
See also SOLID WASTE, subheading: Tires
Wild animals
-Aquatic animals, 14:671.7
-Desert tortoises, 14:674
-Release into wild, 14:671.6
Wilderness areas
-Mount San Jacinto State Wilderness, special pro-
visions, 14:4608
PERRIS RESERVOIR STATE RECREATION
AREA
Prohibition against taking other than waterfowl and
resident game birds, 14:260.4
PERSONAL FLOTATION DEVICES
See BOATS AND BOATING, subheading:
Equipment requirements
PEST CONTROL
Solid waste transfer/processing operations and
facilities, 14:17410.4
Wild animals, 14:671.2
PESTICIDES
Parks and recreation areas, 14:4330
PETALUMA MARSHES WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
PETRALE SOLE
Bag and possession provisions, 14:28.49
PETROLEUM
See OIL AND GAS
PETS
Cal-Expo rules, 14:4954
Captive big game
See also WILD ANIMALS
-Tagging requirements, 14:251.6
Dogs
See DOGS
Hearst San Simeon State Historical Monument,
14:4600
Parks and recreation areas, 14:4312
State forest restrictions, 14:1423, 14:1424
Wild animals as
See WILD ANIMALS
PEYTONIA SLOUGH STATE MARINE PARK,
14:632
PHEASANTS
Hunting provisions, 14:300
-Licensed shooting clubs, 14:600
-Permits, 14:313
PHOENIX FIELD ECOLOGICAL RESERVE,
14:630
PHOTOGRAPHERS AND PHOTO FINISHERS
Hearst San Simeon State Historical Monument
-Flash and tripod use prohibited, 14:4600
PICACHO STATE RECREATION AREA
Hunting, open areas, 14:4501
Prohibition against taking other than migratory
game birds and quail, 14:260
PIGEONS, BAND-TAILED
Hunting provisions, 14:300
-Permits, 14:313
PIGS, WILD
Dogs used in hunting, 14:265
Hunting provisions, 14:368
-Depredation permits, 14:401
-License tags, 14:708
-Methods authorized, 14:353
PILOTS
Boats
See BOATS AND BOATING
PINE CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
PINE HILL ECOLOGICAL RESERVE, 14:630
PINK BOLLWORMS
See generally INSECTS
PIPELINES
Agricultural wastes, management practices,
14:17824
Environmental Quality Act exemptions, 14:15284
Oil Spill Prevention and Administration Fund Fee,
14:870.17
PISMO CLAMS
Bag and possession provisions, 14:29.40
Commercial importation, 14:110
PISMO DUNES STATE VEHICULAR RECRE-
ATION AREA, 14:4609
PISMO LAKE ECOLOGICAL RESERVE, 14:630
PISMO-OCEANO BEACH STATE MARINE CON-
SERVATION AREA, 14:632
PIUTE CREEK ECOLOGICAL RESERVE, 14:630
PLAISTED CREEK ECOLOGICAL RESERVE,
14:630
PLANNING AND RESEARCH OFFICE
Environmental Quality Act
-Authority, 14:16000
-Dispute submissions
—Definitions, 14:16012
-Lead agency disputes
— Ad inini strati ve record, 14:16040
—Definitions, 14:16010
— Designations, 14:16020
Findings, 14:16021
Form, 14:16022
— Final decision, 14:16041
— Hearings
AppHcability, 14:16030
Findings, 14:16035
Presentations, 14:16033
Presiding officer, 14:16031
Proceedings, 14:16032
Summaries, 14:16034
— Public agency consultation, 14:16013
—Resolution, 14:15053
— Statement of contentions, 14:16015
Distribution, 14:16016
— Submissions, 14:16011
Designation requests, 14:16014
-Policy, 14:16002
-Purpose of rules, 14:16001
-Responsibilities, 14:15023
PLANTS
See also VEGETATION
Endangered and threatened species, 14:670.2
Habitat restoration, CEQA exemption of small
projects, 14:15333
Parks and recreation areas
-Defacement, 14:4306
-Removal, 14:4306
PLANTS, INDUSTRIAL
Waste, definitions, 14:17225.35
PLASTIC BAGS
At-store recycling, 14:17987-14:17987.5
PLASTICS
Recycling processors, reports, 14:2425
Rigid plastic packaging container program
See RECYCLING, subheading: Rigid plastic
packaging container program
PLAYGROUNDS
See generally PARKS AND RECREATION
PLEASANT VALLEY ECOLOGICAL RESERVE,
14:630
PLUMAS COUNTY
Hazardous fire areas
-Collins Almanor Forest-Diamond International,
14:1203.2
-Lake Almanor, 14:1203.6
-Quincy Watershed, 14:1203.8
POINT CABRILLO STATE MARINE CONSER-
VATION AREA, 14:632
POINT EDITH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
POINT LOBOS ECOLOGICAL RESERVE, 14:630
POINT LOBOS STATE RESERVE
Special Parks and Recreation provisions, 14:4601
POINT REYES HEADLANDS STATE MARINE
CONSERVATION AREA, 14:632
POLICE
See LAW ENFORCEMENT AGENCIES
50
POLLUTION
CALIFORNIA CODE OF REGULATIONS
POLLUTION
See generally ENVIRONMENTAL QUALITY
ACT OF CALIFORNIA
Ab pollution
See AIR POLLUTION 'AND CONTROL
Solid waste
See INTEGRATED WASTE MANAGEMENT
PLANS; SOLID WASTE
Water pollution
See WATER POLLUTION AND CONTROL
PONDOSA HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.4
PORT HUENEME HARBOR
Oil spills, harbor safety committees, 14:800-14:802
PORTS
Local development programs
-Applicability, 14:13600
-Boundary maps, 14:13601
-Delineation as wetland, estuary, or recreation area,
14:13610
-Environmental impact reports
— Effects of comments, 14:13646
— Non-appealable developments, 14:13647
— Review and comments, 14:13645
— Submissions, 14:13646
-Master plans
— Amendments
After certification, 14:13636
Minor amendments, 14:13637
Prior to certification, 14:13634
— Appeals
After certification, 14:13641
Notifications, 14:13640
—Certifications, 14:13632
— Completion notice, 14:13626
— Contents, 14:13625
—Hearings, 14:13627, 14:13630
— Informal Commission review, 14:13629
— Rejection, 14:13635
—Staff reports, 14:13631
— Submissions, 14:13628
— Withdrawals or postponements, 14:13633
-Pre-certification permits, 14:13620
Master plans
See Local development programs, this heading
Pilots
See BOATS AND BOATING
San Francisco Bay area seaport plan amendments,
14:11945
Tank vessel escort requirements
See OIL AND GAS, subheading: Tank vessels
POWER PLANT SITING
San Francisco Bay conservation and development
plan, 14:11021
PRAWNS
Restricted access trap fishery, 14:180.3
Trawling
-Log, form, 14:245 Appx. A
-Restrictions, 14:120
PRAWNS, GOLDEN
Trawling restrictions, 14:120.3, 14:120.4
PRAWNS, RIDGEBACK
Trawling restrictions, 14:120.3, 14:120.4
PRAWNS, SPOT
Traps, 14:180.1
Trawling restrictions, 14:120.3, 14:120.4
PRESERVES, NATURAL
See generally PARKS AND RECREATION
PRIMATES
See generally WILD ANIMALS
PRINTING
Newsprint, recycled content
See NEWSPAPERS, subheading: Recycled paper
content
PRISONS
Waste disposal, definitions, 14:17225.37
PROCUREMENT, STATE
See generally CONSTRUCTION PROJECT
MANAGEMENT; PUBLIC WORKS
PROFESSIONAL ENGINEERS
See generally ENGINEERS
PROPAGATION OF CAPTIVE ANIMALS
See BREEDING
PROPERTY TAX
Yacht and ship broker negotiations, 14:7622
PROVIDENCE MOUNTAINS STATE RECRE-
ATION AREA
Hunting
-Open aieas, 14:4501
-Season restrictions, 14:260.1
PTARMIGANS
Hunting provisions, 14:300
-PermiTs, 14:313
PUBLICATIONS
"EIR Monitor," 14:15240
-Dispute designations, 14:16022
PUBLIC HEALTH
Agricultural waste
-Correction of adverse conditions, 14:17822
-Definitions
—Confined animals, 14:17810.2
— Enforcement agency inspection, 14:17810.3
— Excessive odor, dust, and feathers, 14:17810.5
— Excessive vectors, 14:17810.4
—Manure, 14:17810.1
-Health/well-being hazard, 14:17820
-Inspections, 14:17821
-Management practices, 14:17823
—Dead animals, 14:17823.5
—Hair, dust, and feathers, 14:17823.4
—Manure, 14:17823.1
— Vegetable or fruit crops
—Field residues, 14:17823.2
Processing wastes, 14:17823.3
— Waste ponds, lagoons, ditches, and pipelines,
14:17824
Solid waste management
-Collection and transportation equipment
— Construction, 14:17341
— Inspections, 14:17345
—Safety, 14:17342
-Health-related standards (H designation),
14:17205
-Vectors, definition, 14:17225.73
PUBLIC LANDS
See FEDERALLY OWNED LANDS;
STATE-OWNED LANDS
PUBLIC RECORDS
See generally ACCESS TO INFORMATION;
RECORDKEEPING REQUIREMENTS
PUBLIC WORKS
See also SEWAGE TREATMENT WORKS
Architects, engineers, etc., contracting with
-Integrated waste management board,
14:17020-14:17029
— Contracting in phases, 14:17026
—Contracts, 14:17025
—Definitions, 14:17020
— Emergency contracts, 14:17027
— Negotiation of contract, 14:17024
— Publication of request for qualifications,
14:17021
— Selection criteria, 14:17022
—Selection of firms, 14:17023
— Small business participation, 14:17028
— Unlawful activities, 14:17029
-Parks and recreation department, 14:4725-14:4736
— Amendments, 14:4732
— Announcement, publication, 14:4727
—Bids, use of, 14:4734
— Conflicts of interest, 14:4736
—Definitions, 14:4725
— Estimate of value of services, 14:4729
— Minority-, women-, disabled veteran-owned
businesses, 14:4730
— Negotiation, 14:4731
— Phased work, contracting for, 14:4733
—Selection, 14:4728
— Selection criteria, 14:4726
PUBLIC WORKS-con/mHeJ
Architects, engineers, etc., contracting
vj\{\\-continued
-Parks and recreation department-to«r//iMefl'
— Unlawful activity, contract provision against,
14:4735
Construction project management
See CONSTRUCTION PROJECT MANAGE-
MENT
Definitions
-Coastal Commission, 14:13012
ElRs
See ENVIRONMENTAL IMPACT REPORTS
Engineers, contracting with
See Architects, engineers, etc., contracting with,
this heading
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Environmental services, contracting with
See Architects, engineers, etc., contracting with,
this heading
Land surveying services, contracting with
See Architects, engineers, etc., contracting with,
this heading
Local coastal development permit programs
-Amendments
— Acceptance of applications
Minor changes, 14:13368
Regulai- changes, 14:13369
— Applications, 14:13365
— Hearings, 14:13366
—Notice, 14:13370
— Override procedures
Applicability, 14:13666
Commission reviews, 14:13666.3
Information requirements, 14:13666.1
Required findings, 14:13666.4
Submittals, 14:13666.2
—Rejection, 14:13367
— Review procedure, 14:13371
-Applicability, 14:13351
-Applications
— Environmental information, 14:13355
—Filing, 14:13354
—Hearings, 14:13353.5
— Information requirements, 14:13353
— Preliminary approval waivers, 14:13352
-Permit reviews, 14:13358
-Plan review procedures
— After local program certification, 14:13357
— Prior to local program certification, 14:13356
-Project reviews, 14:13359
-Purpose of rules, 14:13350
PUNTA GORDA STATE MARINE RESERVE,
14:632
PUTAH CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
Q
QUAHOGS, NORTHERN
Bag and possession provisions, 14:29.35
QUAIL
Hunting provisions, 14:300
-Licensed shooting clubs, 14:600
-Permits, 14:313
Release into wild, permits, 14:671.6
QUAIL HOLLOW ECOLOGICAL RESERVE,
14:630
QUAIL RIDGE ECOLOGICAL RESERVE, 14:630
QUARRIES
See generally MINES AND MINING
TITLE 14 INDEX
RECYCLING
51
•
QUIEN SABE-LOS MUERTOS HAZARDOUS
FIRE AREA
Geographic boundaries, 14:1205
QUINCY WATERSHED HAZARDOUS FIRE
AREA
Geographic boundaries, 14:1203.8
R
RABBITS
Crop damage by, 14:308.5
Hunting provisions
-Los Angeles County, gun use prohibited, 14:311.7
RABBITS, BRUSH
Hunting provisions, 14:308
RABBITS, COTTONTAIL
Hunting provisions, 14:308
RABBITS, JACK
Hunting provisions, 14:309
RABBITS, PIGMY
Hunting provisions, 14:308
RACCOONS
Dogs used in hunting of, 14:265
Hunting provisions, 14:464
RAILROAD MUSEUM
Parks and recreation, 14:4613
RAILROADS
Rights-of-way, fire protection, 14:1290-14:1295
RANCHERS AND RANCHES
See also LIVESTOCK
Incidental take of endangered or threatened species,
14:786.0-14:786.8
RANCHO JAMUL ECOLOGICAL RESERVE,
14:630
RANGES
See generally APPLIANCES, HOUSEHOLD
RAPTORS
See FALCONRY
RATFISH
Bag and possession provisions, 14:28.53
RATS
See generally RODENTS
RATTAILS
Bag and possession provisions, 14:28.53
RAZOR CLAMS
Bag and possession provisions, 14:29.45
RECLAMATION, 14:3700-14:3713
Agricultural lands, 14:3707-14:3708
Appeal procedures
-Reclamation plans
— Administrative record, 14:3652
— Filing of intent, 14:3650
—Hearings, 14:3654-14:3659
Delegation of authority, 14:3655
Determinations, 14:3659
Notice, 14:3656
Record, 14:3657
Scheduling, 14:3654
Sequence, 14:3658
— Jurisdiction determination, 14:3651
— Technical review of plan, 14:3653
-Surface Mining and Reclamation Act compliance
orders, 14:3940-14:3948
— Administrative record, 14:3942
— Determination, 14:3948
—Hearings, 14:3943-14:3948
— Jurisdiction determination, 14:3941
— Notice of hearing, 14:3948
— Purpose of rules, 14:3940
Applicability of regulations, 14:3700
Backfilling, regrading, etc., 14:3704
-Performance standards, 14:3704.1
RECLAMATION-co//7//u/e^
Buildine. structure, and equipment removal,
14:3^709
CEQA lead agency responsibilities, 14:3504
Closure of surface openings, 14:3713
Definitions, 14:3701
Exemptions, 14:3505
Financial assurance for, 14:3800-14:3806.5
-Acceptance of liability, 14:3806.3
-Appeals, 14:3680-14:3690
— Administrative record, 14:3684
— Determination of jurisdiction, 14:3682
— Filing of intent, 14:3681
— Hearing procedures, 14:3685-14:3690
— Limit on number of fihngs, 14:3683
-Authority. 14:3801
-Budget set aside, 14:3803, 14:3806, 14:3806.2
-Calculation of. 14:3804
-Conservation Department, review of, 14:3805
-Definitions, 14:3802
-Forfeiture, 14:3810-14:3817
— Administrative record, 14:3814
— Financial capability criteria, 14:3815
—Hearings, 14:3811-14:3813, 14:3816-14:3817
— Purpose of rules, 14:3810
-Government-owned operations, 14:3806,
14:3806.5
—Budget set aside, 14:3806, 14:3806.2
—Pledges of revenue, 14:3806-14:3806.1
-Irrevocable letters of credit, 14:3803
-Modifications, 14:3805.5
-Pledges of revenue, 14:3803, 14:3806, 14:3806.1
-Purpose of regulations, 14:3800
-Release of, 14:3805.5
-Review, Departmental, 14:3805
-Statutory authority, 14:3801
-Surety bonds, 14:3803
-Trust funds, 14:3803
Financial assurances, 14:3702
Minimum acceptable practices, 14:3503
Professional services, selection of firms by Mining
and Geology Board, 14:3920-14:3930
Reclamation plans, 14:3502
-Appeals, 14:3650-14:3659
Revegetation, 14:3705
-Topsoil salvage, 14:3711
Vested rights, 14:3505
Waste disposal, 14:3712
Water protection, 14:3710
Wildlife protection, 14:3703
RECORDKEEPING REQUIREMENTS
Access
See ACCESS TO INFORMATION
Ash, nonhazardous waste operations and facilities,
14:17379.0
Beverage manufacturers
-Recycling operations, 14:2235
Cold storage, frozen food plants
-Game birds or mammals, 14:711
Composting facifities, 14:17869
Construction and demolition debris disposal,
14:17389
Disclosure
See ACCESS TO INFORMATION
Electronic waste recycling, 14:18660.8
-Manufacturers, 14:18660.36
Field collecting
-Scientific or educational use, 14:650
Fishing
-Commercial operations
— Activity records, 14:190
— Aquatic plant harvesting, 14:165
— Kelp harvesters, 14:245 Appx. A
— Pismo clams, importation, 14:110
--Sardines
Importation, 14:157
Live bait taking, 14:158
— Trawl fishing activity records, 14:176
-Declaration for multi-day ocean trips, 14:27.15
-Logs, sample forms, 14:245 Appx. A
Forestry and Fire Protection Board administrative
penalty hearings, 14:1057.4
-Electronic recording and transcription, 14:1058.1
Geothermal wells, 14:1937.1
RECORDKEEPING REQUIREMENTS-to/j/mHerf
Hunting
-Domesticated migratory game bird shooting areas
—Birds taken, 14:600.4
-Guides, 14:745
-Licensed game bird clubs, 14:600
Inspection
See ACCESS TO INFORMATION
Oil and gas operations
-Offshore wells, 14:1746
—Filing, 14:1746.1
— Wellsite requirements, 14:1746.2
-Onshore wells, 14:1724, 14:1724.1
Oil recycling
See USED^OIL RECYCLING PROGRAMS
Public records, access
See ACCESS TO INFORMATION
Recycling operations, 14:2085
-Beverage manufacturers, 14:2235
-Centers and nonprofit dropoff programs, 14:2525
-Container manufacturers, 14:2220, 14:2225
-Distributors, 14:2305
-Plastic bags, at-store program, 14:17987.3
-Processors^ 14:2420
-Trash bags, recycled content, 14:17983.5
San Francisco Bay Conservation and Development
Commission meetings, 14:10244, 14:10245
Solid waste transfer/processing operations and
facilities, 14:17414-14:17414.1
Taxidermists, 14:695
Timber sales, 14:1519
Tire storage and disposal facilities
See SOLID WASTE, subheading: Tires
Used oil recycling programs
See USED OIL RECYCLING PROGRAMS
Waste disposal
-Agencies, 14:18812.4
-Districts. 14:18814.4
-Haulers, 14:18808.4
-Jurisdictions, 14:18813.4
-Landfills, 14:18810.4
-Stations, 14:18809.4
-Transformation facilities, 14:18811.4
Yacht and ship brokers, 14:7620
RECREATION AREAS
See generally PARKS AND RECREATION
RECTOR RESERVOIR WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
RECYCLING, 14:2000-14:2997
Beverage containers
See BEVERAGE CONTAINERS
Definitions
-Loans for market development, 14:17931
-Plastic bags, at-store program, 14:17987.2
-Rigid plastic packaging container program,
14:17943
Dropoff programs
See BEVERAGE CONTAINERS
Electronic waste, 14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
Forms
-Loans for market development, application,
14:18831 Appx. A
-Plastic market development payments, application
and claim form, 14:2880
-Trash bags, recycled content, 14:18831 Appx. A
Glass
-Waste glass used in manufacture of glass contain-
ers, 14:2000 Appx. A
Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Loans for market development, 14:17930-14:17936
-Agreement terms and conditions, 14:17935.2
-Amount of loans, 14:17934
-Applications for, 14:17935
—Approval, 14:17935.6
— Board review, 14:17935.4
— Contents, 14:17935.1
—Form, 14:18831 Appx. A
52 RECYCLING
CALIFORNIA CODE OF REGULATIONS
RECYCLING-co/7r//?t/f?^/
Loans for market development-cYw/Z/u/f;^/
-Applications {or-continued
— Loan committee review, 14:17935.55
— Preliminary review, 14:17935.3
-Approval, 14:17935.6
-Audits of expenditures, 14:17936
-Definitions, 14:17931
— Leveraging revolving loan fund, 14:17939.2
-Eligibility, 14:17932 ^
— Tire recycling projects. 14:17932.1
-Fees, 14:17934.3
-Interest rate, 14:17934.5
-Leveraging revolving loan fund,
14^17939.1-14:17939.5
-Loan committee, 14:17935.5
— Review process, 14:17935.55
-Priority projects, 14:17933
-Purpose, 14:17930
-Review procedures, 14:17935.3-14:17935.55
-Sale of loans, 14:17939.5
-Terms and conditions of agreement, 14:17935.2
-Tire recycling projects, 14:17932.1
-Uses of funds, 14:17934.1
Market development zones, 14:17900-14:17915
See also Loans for market development, this
heading
-Applicability of regulations, 14:17900
-Applications
—Deadlines, 14:17903-14:17904
— Redesignation, 14:17914
Review, 14:17914.5
— Requirements, 14:17905
—Review, 14:17906
-Dates, 14:17902
-Definitions, 14:17901
-Designation, 14:17910-14:17912
— Termination, 14:17913.5
-Development plans, 14:17907
—Review, 14:17908
-Notice of selection, 14:17910
-Objectives, 14:17909
-Redesignation, 14:17914
—Review, 14:17914.5
-Reports, 14:17913
-Termination of designation, 14:17913.5
Motor oil, used, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
Newsprint, recycled paper content
See NEWSPAPERS, subheading: Recycled paper
content
Oil, used, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
Plastic bags, at-store program,
14:17987-14:17987.5
-Annual reports, 14:17987.4-14:17987.5
-Applicability of rules, 14:17987.1
-Confidential, proprietary or trade secret informa-
tion, submission of data, 14:17987.5
-Definitions, 14:17987.2
-Records, 14:17987.3
-Scope of rules, 14:17987
Plastics
-Market development payments, 14:2880
-Rigid plastic packaging container program,
14:17942-14:17949
-Trash bags, recycled content, 14:17975-14:17985
Records
See RECORDKEEPING REQUIREMENTS
Reporting requirements, 14:2505
-Pla.stic bags, at-store program, annual report,
14:17987.4-14:17987.5
-Rigid plastic packaging container program,
14:17946-14:17948
Rigid plastic packaging container program,
14:17942-14:17949
-Definitions, 14:17943
-Effective date of regulations, 14:17942
-Manufacturing requirements, 14:17944
—Audits, 14:17947
—Certification, 14:17946-14:17946.5
Audits, 14:17947
Penalties for violations, 14:17949
— Compliance, 14:17945
f^ECYCUNG-continued
Rigid plastic packaging container pro-
gram-iion tinned
-Manufacturing requirements-co/7;//;i/<?<'7
— CompYiance-continued
Certification, 14:17946
Documentation, 14:17946.5
Penalties for violations, 14:17949
— Exemptions, 14:17944.5
—Penalties, 14:17949
— Proprietary information, 14:17948
—Reports, 14:17948
--Violations, 14:17949
—Waivers, 14:17944.2
-Purpose, 14:17943
Tire recycling projects
-Loans for market development, 14:17932.1
Trash bags, recycled content, 14:17975-14:17985
-Applicability, 14:17977
-Certification standards. 14:17978
—Auditing, 14:17984
— Penalties for noncompliance, 14:17985
-Definitions, 14:17976
-Forms, 14:18831 Appx. A
-Manufacturers
—Certification, 14:17978
— Compliance, 14:17977
— Failure to meet RPPCM requirements,
14:17980.5, 14:17981
— Requirements, 14:17979
-Material unusable for compliance, 14:17979.1
-Penalties for noncompliance, 14:17985
-QuaUty standards, 14:17982
-Recordkeeping requirements, 14:17983.5
-Shipping standards, 14:17983
-Suppliers
—Certification, 14:17978
— Compliance, 14:17977
— Requirements, 14:17980
-Wholesalers
—Certification, 14:17978
— Compliance, 14:17977
— Requirements, 14:17979.5
Used oil, 14:18600-14:18659.5
See also USED OIL RECYCLING PROGRAMS
RED LAKE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
REDWOOD SHORES ECOLOGICAL RESERVE,
14:630
REDWOOD SHORES STATE MARINE PARK,
14:632
REFUGIO STATE MARINE CONSERVATION
AREA, 14:632
REFUSE
See WASTE DISPOSAL
REGISTER OF HISTORIC SITES
See HISTORIC SITES
REGISTRATION
Beverage container recycling curbside programs,
14:2650
Boats and boating
See BOATS AND BOATING
Electronic waste recycling
-Manufacturers, 14:18660.35
REINDEER
Meat importation and sale permits, 14:675
RELOCATION ASSISTANCE
Parks and Recreation Department, 14:4971
REMEDIATION
Solid waste cleanup program, 14:18928-14:18932
RENDERERS
See MEAT AND MEAT PROCESSING
RENTALS
See LEASES
REPORTING REQUIREMENTS
Aquaculture, broodstock collecting, 14:243
Ash, nonhazardous waste disposal site information,
14:18226
REPORTING REQUIREMENTS-fon;//7He^/
Beverage manufacturers recycling operations,
14:2240
Boating accidents and casualties, 14:6501-14:6505
Coastal coinmission
-Cease and desist orders, 14:13187
Composting facilities, 14:17863
-Odor impact ininimization plan, 14:17863.4
-Site information. 14:18227
Electronic waste recycling
-Manufacturer reports, 14:18660.41
-Net cost report, 14:18660.10
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Fish and game commission
-Annual report on status of fish and wildlife
resources, 14:660.1
Fishing
-Sportfishing, vessel owner requirements, 14:195
Forest improvement program
-Project completion, 14:1536
Kelp harvesters, 14:245 Appx. A
Local coastal management improvement grants
-Progress reports, 14:19008
Logging operations
-Insect and disease control
— Coast Forest District, 14:917.11
— Northern Forest District, 14:937.10
— Southern Forest District, 14:957.10
-Preharvest inspections
— Santa Cruz County, 14:926.4
-Stocking
— Samphng, 14:1075
— Status reports
Coast Forest District, 14:913.5
Northern Forest District, 14:933.5
— Substantially damaged timberlands, 14:1080.4
-Timber harvesting plans
—Santa Cruz County, 14:926.4, 14:926.21
Oil and gas
-Marine facility and vessel transfer operations,
14:844.2
—Small facilities, 14:844.5
-Tank vessel traffic information service, 14:852.25
Recycling operations
-Beverage manufacturers, 14:2240
-Centers and nonprofit dropoff programs, 14:2530
-Consolidated shipping reports, 14:2090
-Disclosure exemptions, 14:2080
-Distributors, 14:2310
-Functional applicability, 14:2070
-Plastic bags, at-store program, annual report,
14:17987.4-14:17987.5
-Processors, 14:2425
-Submissions to Division, 14:2090
San Francisco Bay conservation and development
-Special area plans, 14:11103
Solid waste management
-Complaints of alleged violations, 14:18302
-Composting sites, 14:18227
-Disposal sites
— Contaminated soil information, 14:18224
— Nonhazardous ash disposal sites, 14:18226
-Transfer/processing facilities, 14:17403.9
—Facility plans, 14:18221.5
Tank vessel escorts
-Los Angeles/Long Beach Harbor
— Reporting of violations, 14:851.30
Tire haulers, electronic reports, 14:18459.1.2
Trapping of furbearing mammals, 14:467
Tugboats
-San Francisco Bay Region, tank vessel escort
tugs, 14:851.7
Urban open-space and recreation grants, 14:4934
Waste disposal
See INTEGRATED WASTE MANAGEMENT
PLANS, subheading: Disposal reporting
requirements
Waste tire haulers, electronic reports, 14:18459.1.2,
14:18459.2.1
REPTILES
Bag and possession provisions, 14:5.60
Cages, requirements, 14:671.3
Commercial operations
TITLE 14 INDEX
RULEMAKING 53
REPTILES-co/(///mtY/
Commercial operations-con tinned
-Field collecting for scientific or educational use,
14:651
Desert tortoises
-Permits to possess, 14:674
Endangered species, 14:670.5
Importation, transportation, and possession restric-
tions, 14:671
Native reptiles, 14:40
-Captive propagation and commercialization, 14:43
-Defined, 14:1.67
Threatened species, 14:670.5
RESEARCH AND DEVELOPMENT
Composting operations, 14:17862
Off-highway vehicle recreation grants, scientific
research projects, 14:4970.13
RESERVES
See generally PARKS AND RECREATION
RESERVOIRS
Fishing
See FISHING, subheading: Inland waters
Fishways, prohibition of taking fish, 14:2.35
RESIDENT SMALL GAME
See HUNTING
RESOURCE CONSERVATION AND RECOVERY
ACT
Implementation
-Agencies, 14:17032
-Regional boundaries, 14:17031
RESOURCE RECOVERY
Definition, 14:17225.58
Market development zones
See RECYCLING
RESOURCES AGENCY
Conflict of interest code, 14:15411
Environmental Quality Act of California guide-
lines, 14:15000-14:15387
Publications
-EIR Monitor, 14:15240
RETAIL STORES
Commercial solid wastes, defined, 14:17225.12
Plastic bag recycling program,
14:17987-14:17987.5
REVEGETATION
Forest improvement program, 14:1545.6, 14:1545.7
Logging operations
-Alternative prescriptions
— Coast Forest District, 14:913.6
— Northern Forest District, 14:933.6
— Southern Forest District, 14:953.6
-Even-aged forest management
— Coast Forest District, 14:913.1
— Northern Forest District, 14:933.1
— Southern Forest District, 14:953.1
-Even-aged management, 14:895.1
-Intermediate treatments
— Coast Forest District, 14:913.3
— Northern Forest District, 14:933.3
— Southern Forest District, 14:953.3
-Progeny, clonal, or provenance testing exempdon
— Coast Forest District, 14:912.8
-Regeneration methods, 14:895.1
-Sampling methods, 14:1070-14:1075
-Special harvesting methods
— Northern Forest District, 14:933.4
— Southern Forest District, 14:953.4
-Stocking
— Marin County rules, 14:927.10
— Minimum standards
Coast Forest District, 14:912.7
Northern Forest District, 14:932.7
Southern Forest District, 14:952.7
— Preliminary status report
Coast Forest District, 14:913.5
Northern Forest District, 14:933.5
— Silvicultural objectives
Coast Forest District, 14:913
— Silvicultural systems
Northern Forest District, 14:933
REVEGETATION-(w;///«/(?f/
Logging operations-6w;/mH6Y/
-Stocking-continued
— Silvicultural systems-continued
Southern Forest District, 14:953
— Special harvesting methods
Coast Forest District, 14:913.4
High Use Subdistrict, 14:953.5, 14:953.12
Southern Subdistrict, 14:913.8
— Special treatment areas
Coast Forest District, 14:921.4
Southern Forest District, 14:961.4
-Substantially damaged timbedands,
14:1080.1-14:1080.5
-Uneven-aged management, 14:895.1
-Uneven-age forest management
— Coast Forest District, 14:913.2
— Northern Forest District, 14:933.2
— Southern Forest District, 14:953.2
Mining and reclamarion, 14:3705
-Minimum acceptable practices, 14:3503
-Topsoil salvage, 14:3711
REX SOLE
Bag and possession provisions, 14:28.48
RHODE ISLAND WILDLIFE AREA
Hunline, firearms, and archery equipment use,
14:551
Public use activities, 14:550
RICHARDSON ROCK STATE MARINE
RESERVE, 14.632
RIVERS AND STREAMS
Artificial barriers, 14:225.5
Chaparral management program, 14:1569.2
Definition
-Fish and Game Commission, 14:1.72
Dredging
-Permit requirements, 14:228
-Restrictions, 14:228.5
Fish and Game Department interests
-Construction plan submission requirement, 14:720
-Dredging, 14:228-14:228.5
Fishing
See FISHING, subheading: Inland waters
Forest improvement program, 14:1545.1
Oil spill cleanup agents, use of, 14:886.1
Protection from logging operations
-Alternative measures
— Coast Forest District, 14:916.6
— Northern Forest District, 14:936.6
— Southern Forest District, 14:956.6
-Beneficial uses of water
— Coast Forest District, 14:916.2
— Northern Forest District, 14:936.2
— Southern Forest Di.strict, 14:956.2
-Coho salmon protections
—Coast Forest District, 14:916.9.1-14:916.9.2,
14:916.11.1
Roads and landings, 14:923.9.1-14:923.9.2
—Northern Forest District, 14:936.9.1-14:936.9.2
Monitoring, 14:936.11.1
Roads and landings, 14:943.9.1-14:943.9.2
-Domestic water supply
— Coast Forest District, 14:916.10
— Northern Forest District, 14:936.10
— Southern Forest District, 14:956.10
-Erosion control
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southern Forest District, 14:956.7
-Evaluation of mitigations and practices
— Coast Forest District, 14:916.1 1
— Northern Forest District, 14:936.11
— Southern Forest District, 14:956.11
-Federal Clean Water Act listed watersheds
— Coast Forest District, 14:916.12
— Northern Forest District, 14:936.12
— Southern Forest District, 14:956.12
-General limitations
— Coast Forest District, 14:916.3
— Northern Forest District, 14:936.3
— Southern Forest District, 14:956.3
-In Ueu practices
RIVERS AND STREf<MS-continued
Protection from logging operations-continued
-In lieu practices-ixmtinued
— Coast Forest District, 14:916.1
— Northern Forest District, 14:936.1
— Southern Forest District, 14:956.1
-Protection zone width determination
— Coast Forest District, 14:916.5
— Northern Forest District, 14:936.5
— Southern Forest District, 14:956.5
-Purpose of rules
— Coast Forest District. 14:916
— Northern Forest District, 14:936
— Southern Forest District, 14:956
-Requirements
— Coast Forest District, 14:916.4
— Northem Forest District, 14:936.4
— Southern Forest District, 14:956.4
-Sensitive watersheds
— Coast Forest District, 14:916.8
— Northern Forest District, 14:936.8
— Southern Forest District, 14:956.8
-Special treatment areas
— Coast Forest District, 14:921.7
— Southern Forest District, 14:961.7
-Threatened or impaired values of watersheds
— Coast Forest District, 14:916.9, 14:923.9
— Northem Forest District, 14:936.9, 14:943.9
— Southern Forest District, 14:956.9, 14:963.9
State forests
-Pollution prohibited, 14:1422
Timberland conversions
-Suitability, 14:1109.4
RIVERSIDE COUNTY
Construction aggregate resources, 14:3550.4
Hazardous fire areas
-DeLuz-Tenaja, 14:1206
RIVER SPRINGS LAKES ECOLOGICAL
RESERVE, 14:630
ROADS
See HIGHWAYS AND ROADS
ROBERT E. BADHAM STATE MARINE PARK,
14:632
ROBERTI-Z'BERG URBAN OPEN SPACE AND
RECREATION PROGRAM
See PARKS AND RECREATION
ROBERT W. CROWN STATE MARINE CON-
SERVATION AREA, 14:632
ROCK COLLECTING
Parks and recreation areas, 14:4611
ROCK CRAB
Commercial fishing operations, 14:125
ROCKFISH
Bag and possession provisions, 14:28.55, 14:28.65
Federal management plan species, 14:1.91
Fishing management areas, 14:150.06
-California Rockfish Conservation Area (CRCA),
14:27.51, 14:27.83
Groundfish management areas
See GROUNDFISH
Shallow nearshore rockfish, defined, 14:1.90
ROCK GREENLING
Bag and possession provisions, 14:28.29
ROCK SOLE
Bag and possession provisions, 14:28.48
RODENTS
Solid waste transfer/processing operations and
facilities, 14:17410.4
Vector, definition, 14:17225.73
ROYALTIES
Kelp harvested from leased beds, 14:165.5
RUBBISH
See WASTE DISPOSAL
RULEMAKING
Environmental impact reports, effect,
14:15187-14:15190
Fish and Game Department
-Environmental certified regulatory programs,
14:777.5-14:777.9
54 RUSSIAN GULCH STATE MARINE CONSERVATION AREA
CALIFORNIA CODE OF REGULATIONS
RUSSIAN GULCH STATE MARINE CONSERVA-
TION AREA, 14:632
SABLEFISH
Bag and possession provisions, 14:28.57
Daily trap log, 14:243 Appx. A
SACRAMENTO BYPASS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SACRAMENTO NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
SACRAMENTO RIVER
Fishing restrictions
-Bay-Delta Sport Fishing Enhancement Stamp,
14:1.18
-Chinook salmon, 14:749
Wildlife area
-Hunting, firearms, and archery equipment use,
14:551
-Public use activities, 14:550
SACRAMENTO-SAN JOAQUIN DELTA
Closure to recreational boating,
14:6698.1-14:6698.2
Defined, 14:1.71
Fishing, Bay-Delta Sport Fishing Enhancement
Stamp, 14:1.18
SAFETY
Boating
-Education course, 14:8000
-Safety and enforcement program, state aid for
local agencies, 14:6593-14:6593.11
Fire
See FIRE PREVENTION
Hunting training equivalency, 14:710
Off-highway vehicle recreation grants, safety edu-
cation projects, 14:4970.09
-Applications received after Jan. 1, 2006,
14:4970.59
Solid waste transfer/processing operations and
facilities, 14:17408.7
-Protection of users, 14:17408.8
SAFETY ENGINEERS
See generally ENGINEERS
SAGUS-NEWHALL REGION
Construction aggregate resources, 14:3550.9
SALAMANDERS
Bag and possession provisions, 14:5.05
SALESPERSONS
Ships
-Licenses, 14:7612
-Temporary licenses, 14:7611
SALINE VALLEY ECOLOGICAL RESERVE,
14:630
SALMON
Chinook salmon
-Sacramento River spring-run chinook, taking,
14:749
Coho salmon, incidental take during threat-
ened/endangered species candidacv period,
14:749.1
-Distribution north of San Francisco, 14:749.1
Exh. A
Commercial fishing operations
-Importation and sale, 14:166
-Permit violation penalties, 14:167
-Restrictions, 14:182, 14:182.1
-Vessel permit requirement, 14:183
-Weight conversion factors for computing landing
tax, 14:187
Definition, 14:1.73
Endangered species, 14:670.5
SMMOU-continued
Importation from Idaho prohibited, 14:241
Inland fishing
-Bag and possession provisions, 14:7.00, 14:7.50
-Low-flow restrictions, 14:8.00
-Open seasons, 14:7.00, 14:7.50
Ocean fishing
-Bag and possession provisions, 14:27.80
-Closures, 14:27.75
Punch card requirement, 14:1.74
Spawning areas, take or possession prohibited dur-
ing closed season, 14:1.75
SALMON FALLS ECOLOGICAL RESERVE,
14:630
SALTON SEA
Corvina, bag and possession provisions, 14:5.25
Gulf Croaker, bag and possession provisions,
14:5.26
Sargo, bag and possession provisions, 14:5.26
Sonny Bono Salton Sea National Wildlife Refuge
-Hunting provisions, 14:551, 14:552
SALT POINT STATE MARINE CONSERVATION
AREA, 14:632
SAMPLING METHODS
Commercial fishing operations, 14:146
SAN BENITO COUNTY
Hazardous fire areas
-Quien Sabe-Los Muertos, 14:1205
Night hunting prohibition, 14:263
SAN BERNARDINO COUNTY
Construction aggregate resources, 14:3550.4
SAN BERNARDINO REGION
Construction aggregate resources, 14:3550.8
SAN BRUNO MOUNTAIN ECOLOGICAL
RESERVE, 14:630
SAN DIEGO COUNTY
Hazardous fire areas
-DeLuz-Tenaja, 14:1206
SAN DIEGO HARBOR
Oil spills, harbor safety committees, 14:800-14:802
Oil tanker escort requirements, 14:852-14:852.6
SAN DIEGO-LA JOLLA ECOLOGICAL
RESERVE, 14:630
SAN DIEGO RIVER CONSERVANCY
Conflict of interest code, 14:25201
SAN DIEGO-SCRIPPS STATE MARINE CON-
SERVATION AREA, 14:632
SAN DIEGUITO LAGOON ECOLOGICAL
RESERVE, 14:630
SAND SOLE
Bag and possession provisions, 14:28.48
SAN ELIJO LAGOON ECOLOGICAL RESERVE,
14:630
SAN FELIPE CREEK ECOLOGICAL RESERVE,
14:630
SAN FELIPE VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SAN FRANCISCO BAY AND BAY AREA
Bay plan amendments, 14:11900
Commercial fishing operations
-Trawling restrictions, 14:1 19
Conservation and development
-Abbreviated regionwide permits
— Application form, 14:11721 Appx. N
— Notice of intent
Approval or disapproval, 14:11719
Determination of completeness, 14:11718
Filing, 14:11717
— Project sponsor acknowledgment, 14:11720
— Reapplication, 14:11721
-Administrative permits
—Actions, 14:10621
— Applications, 14:10610
Amendments, 14:10612
SAN FRANCISCO BAY AND BAY
MKEt^-contimied
Con,servation and development-con/mwe^y
-Administrative ^Qxmiys-continued
— Applications-c6i«7//7Her/
Director's determination to file, 14:10611
Listing of applications for action, 14:10620
— Approval criteria, 14:10622
—Contents, 14:10622
—Definition, 14:10600
— Denials
Filing with Commission, 14:10624
Notice, 14:10623
— Material amendments
Applications, 14:10811
Criteria and procedures, 14:10812
— Nonmaterial amendments
Applications, 14:10810
-Canti levering, 14:10711
-Definitions
— Administrative permits, 14:10600
— Areas excluded from Commission jurisdiction,
14:10123
— Coastal Management Program for San Francisco
Bay, 14:10124
— Commission members, 14:10126
—Emergency, 14:10120
—Historic ship, 14:10703
—Houseboat, 14:10127
—Live-aboard boat, 14:10128
—Major permits, 14:10300
— Minor repairs or improvements, 14:10601
— Pre-existing residential structure, 14:10705
— San Francisco Bay, 14:10121
—Slough, 14:10122
—Small dredgers, 14:10727
— Special area plans, 14:11100
— Substantial change in use, 14:10125
—Violations, 14:11310
-Dredging and disposal projects,
14:10720-14:10729
— Administrative permits, 14:10602
— Commission rulemaking procedure, 14:10720
— Fees
Disposal of dredged materials, 14:10522
— In-bay disposal sites, 14:10713.5
— Individual disposal allocations
Reimplementation of, 14:10729
Termination of, 14:10728
—Small dredgers, 14:10726, 14:10727
— Target volumes, 14:10721
-Emergency permits
— Applications
Method, 14:10640
Necessary information, 14:10641
— Approval
Consultation with Chair, 14:10651
Criteria, 14:10652
Documentation requirements, 14:10653
Report to Commission, 14:10654
Verification of emergency, 14:10650
— Public services maintenance, 14:10660
-Expansion of existing uses, filing deadline,
14:10900
-Explanation of references, 14:10111
-Fees
—Dredging and filling, 14:10522
-Historic structures, 14:10704
-Jurisdiction, 14:10123, 14:10131
— Continuance after alterations, 14:10710
—Exclusions, 14:10132
Extraction of materials for sampling, 14:10130
Greenbrae Boardwalk notice, 14:11721 Appx.
B
Larkspur Boardwalk notice, 14:11721 Appx. A
-Major permits
— Amendments
Decision procedure, 14:10821
Determination of materiality or non-materiality,
14:10800
Material amendments, 14:10371, 14:10824
Nonmaterial amendments, 14:10370, 14:10820,
14:10822, 14:10823
— Applications
TITLE 14 INDEX
SAN FRANCISCO BAY AND BAY AREA 55
SAIM FRANCISCO BAY AND BAY
A R EA-contin iiecl
Conservation and development-cowZmwecf
-Major permits-co/j/Z/u/e^
— Applications-tw;/mue6f
Design Review Board materials, 14:10315
Distnbution, 14:10360
Engineering Criteria Review Board materials,
14:10316
Postponements, 14:10312
Prerequisites, 14:10310
Waivers, 14:10311
Withdrawals, 14:10421
—Approvals, 14:10501
— Comments and questions, 14:10505
—Definitions, 14:10300
—Denials, 14:10502
Notification, 14:10530
— Environmental documentation, 14:10516
— Eees
Amendment fees, 14:11721 Appx. M
Appeals, 14:11721 Appx. M
Commission permit application fees, 14:11721
Appx. JVJ
Enforcement investigation response, 14:11721
Appx. M
Payment time, 14:11721 Appx. M
Projects involving more than one category,
" 14:11721 Appx. M
—Refunds, 14:11721 Appx. M
Special circumstances, 14:11721 Appx. M
Total project cost, 14:11721 Appx. M
— Filing
Appeal of determination not to file, 14:10353
Method, 14:10351
Notification of decision, 14:10352
Time period, 14:10350
— Hearings
Continued hearings, 14:10420
Field trips, 14:10412
Materially amended applications, 14:10423
Notice, 14:10401
Order of hearing, 14:10410
Post-hearing questions and statements,
14:10411
Po.stponements, 14:10402
Scheduling, 14:10400
— Issuance
Acknowledgment of receipt, 14:10525
Contents, 14:10520
Disputes over contents, 14:10526
Distribution of copies, 14:10523
Mailing, 14:10521
—Notice, 14:10524
— Project completion notice, 14:10540
— Public comments
Distribution, 14:10430
Similar communication treatment, 14:10431
— Staff recommendations, 14:10500
Presentation to Commission, 14:10504
— Summaries
Content, 14:10380
Distribution, 14:10381
— Terms and conditions, 14:10503
— Voting by Commission
Absentee votes, 14:10513
Findings, 14:10514
Procedure, 14:10512
Specific action, 14:10515
Straw votes, 14:10511
—Time, 14:10510
-Minor permits
See also Administrative permits, this subheading
— Environmental documentation, 14:10625
-Non-water oriented fills
— Historic structure preservation, 14:10704
— Pre-existing residential structure, defined,
14:10705
— Public access improvement, 14:10701
— Shoreline appearance improvement, 14:10700
— Use of Bay as design asset, 14:10702
-Permits
— Abbreviated regionwide permits
Application form, 14:11721 Appx. N
SAN FRANCISCO BAY AND BAY
MVEA-contlmied
Conservation and development-cw;/;/j«f;rf
-Permi ts-co;? tinned
— Abbreviated regionwide permits-conY/m/^(^
Project sponsor acknowledgment, 14:11720
Reapplication, 14:11721
— Applications
Exhibit requirements, 14:11721 Appx. F
Form, 14:11721 Appx. D
Notice, 14:11721 Appx. E
—Definition, 14:10300
— Emergency permits
Public services maintenance, 14:10660
--Environmental fees
Basic fees. 14:11540
Consultant fees, 14:11542
Exceptions, 14:11543
Payment time, 14:1 1544
Preparation fees, 14:11541
— Exemption claims
Abandonment, 14:10921
Approval, 14:10918
Denial, 14:10919
Determinations and findings, 14:10917
Distribution, 14:10912
Filing, 14:10915
Filing deadline, 14:10911
Form, 14:10910, 14:11721 Appx. J, 14:11721
Appx. K
Illustrating exhibits, 14:10913
Procedures, 14:10916
Substantiated evidence, 14:10914
Transfer of property, 14:10920
— Fees
Disposal of dredged materials, 14:10522
— Major permits
Approvals, 14:10501
Comments and questions, 14:10505
Denials, 14:10502
Environmental documentation, 14:10516
Project completion notice, 14:10540
Staff recommendation, 14:10500
Terms and conditions, 14:10503
— Minor permits
Environmental documentation, 14:10625
— Subdivision requirements, 14:10134
— Voting time limits, 14:10713
-Plan amendments
— Application form, 14:11007 Appx. G
— Approval, 14:11006
— Determination to consider, 14:11002
—Fees, 14:11008
—Hearings, 14:11004
— Notice of adoption, 14:11007
— Staff planning recommendation, 14:11005
— Staff planning report, 14:11003
-Planning matters, 14:11020
-Power plant siting, 14:1 1021
-Purpose of rules, 14:10110
-Regionwide permits, 14:11700
— Al)breviated, 14:11717-14:11721
— Abbreviations, 14:11700.1
— Notice of intent
Approval, 14:11713
Completeness determination, 14:11712
Contents, 14:11711
Decision notification, 14:11714
Filing requirements, 14:11710
— Project sponsor acknowledgment, 14:11715
— Reapplication, 14:11716
-Shoreline and map boundaries, 14:10133
-Solano county local protection program, amend-
ment, 14:11990
-Special area planning
— Definition and effect, 14:11100
— Procedures, 14:11101
— Reporting, 14:11103
— Resolution contents, 14:11102
-Subdivisions
— Permit terms and conditions, 14:10712
-Suisun Marsh Local Protection Program
— Agency requirements, 14:11200
— Amendments
SAN FRANCISCO BAY AND BAY
ABEA-vontimied
Conservation and development-coA;r/>/(/erf
-Suisun Marsh Local Protection Pro-
graxw-continued
— kmcnAm&nis-contimied
Designation as minor, 14:11214
Frequency, 14:11215
Minor amendment defined, 14:1 1213
Processing, 14:11212
Submittal/^: 11210, 14:11211
— Certification
Notice, 14:11208
Resolution, 14:11206
— County endorsement, 14:11201, 14:11202
—Hearings, 14:11204
— Non-certification resolution, 14:1 1207
— Recommendation, 14:11205
— Summai-y, 14:11203
-Violations
— Cease and desist orders
Appeals, 14:11343
Contents, 14:11340
Grounds for issuance, 14:11300
Issuance, 14:11361
Modifications by Executive Director, 14:11341,
14:11342
Preparation and execution, 14:11360
Service of copies, 14:11362
— Civil penalties
Complaint form, 14:11721 Appx. H
Defense statement form, 14:11721 Appx. 1
Fines. 14:11386
Grounds for imposition, 14:11302
— Civil penalty orders
Appeals, 14:11385
Complaint contents, 14:11380
Contents, 14:11383
—Hearings, 14:11381
Modifications, 14:11384
Reviews, 14:11382
— Commencement of enforcement proceedings,
14:11321
— Commission actions, 14:11332
Hearing procedure, 14:11333
Voting, 14:11334
—Definitions, 14:11310
— Distribution of records, 14:11324
— Enforcement record, 14:11370
— Evidence
Acceptance, 14:11328
Admissibility, 14:11329
— Hearing procedures, 14:11327
— Investigation and discovery, 14:11320
— Permit revocation orders
Appeal, 14:11352
Contents, 14:11350
Issuance, 14:11361
Modification, 14:11351
Preparation and execution, 14:11360
Service of copies, 14:11362
— Permit revocations
Grounds for action, 14:11301
— Reconrimended decisions
Adoption, 14:11330
Contents, 14:11326
Referral to Commission, 14:11331
— Referral to Attorney General for violations,
14:11303
— Respondent's response, 14:11322
-Waterfront special area plan amendment,
14:11960
-White Slough specific area plan, 14:11961
Conservation and development commission
See SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
Construction aggregate resources
-Northern region, 14:3550.11
-Southern region, 14:3550.10
Fishing, Bay-Delta Sport Fishing Enhancement
Stamp, 14:1.18
Marsh development permits
-Appeals
— Determination to consider, 14:1 1450
56 SAN FRANCISCO BAY AND BAY AREA
CALIFORNIA CODE OF REGULATIONS
SAN FRANCISCO BAY AND BAY
AREfii-coiiriinied
Marsh development pcnruts-con liinted
-Appea\s-coniiniie(l
— Duties of local government, 14:11442
—Effects, 14:11441
—Form, 14:11721 Appx. L
—Heatings, 14:11451
— Local government authorization, 14:11440
— Notification of Commission action, 14:1 1452
-Applicability, 14:11400
-Applications, 14:1 141 1
—Notice, 14:11412-14:11414
-Authorizations
—Contents, 14:11420
—Finality, 14:11421
—Notices. 14:11430-14:11432
-Exemptions, 14:11721 Appx. C
-Order, 14:11410
Oil spills, harbor safety comjiiittees, 14:800-14:802
Seaport plan amendments, 14:11945
Solano county local protection program, amend-
ment, 14:11990
Tanker vessel escort requirements,
14:851.1-14:851.10.1
Waterfront special area plan amendment, 14:11960
White Slough specific area plan, 14:11961
SAN FRANCISCO BAY CONSERVATION AND
DEVELOPMENT COMMISSION
Acting executive director, 14:10262
Advisory boards
-Design Review Board, 14:10270
-Engineering criteria review board, 14:10271
Bay plan amendments, 14:11900
CEQA compliance
-Environmental document review and comment,
14:11560
—Effect, 14:11561
-Environmental impact reports
— Adverse impact determination, 14:1 151 1
— Appeals
Determination, 14:11553
Grounds, 14:11550
Hearings, 14:11552
Time limits, 14:11551
— Consultant use
Fees, 14:11532
Materials prepared, 14:11534
Notification of applicant, 14:11530
Relationship with Commission, 14:11533
Selection, 14:11531
— Contents, 14:11521
— Federal impact statement use, 14:11520
— Initial preparation, 14:11510
— Notification of need to prepare, 14:11512
-Exemptions
— Categorical, 14:11501
— Statutory, 14:11500
-Major permits
— Environmental documentation required,
14:10516
-Minor permits
— Environmental documentation required,
14:10625
-Permit fees
— Basic fees, 14:11540
— Consultant fees, 14:11542
— Exceptions, 14:11543
— Payment time, 14:1 1544
— Preparation fees, 14:11541
Conflict of interest code, 14:1 1600
Consultants, 14:11810-14:11890
-Contract negotiation, 14:11 890
-Financial interest, prohibition on, 14:11810
-Kickbacks, prohibition on, 14:11810
-Prohibition on unlawful practices, 14:11810
-Qualifications, statement of, 14:11830,
14:11850-14:11860
— Evaluation by executive director, 14:11880
-Rebates, prohibition on, 14:11810
-Selection criteria, 14:11840, 14:11870
-Small businesses
— Qualifications, statement of, 14:11830
SAN FRANCISCO BAY CONSERVATION AND
DEVELOPMENT COMMISSION-co/;/;/(Hef/
Definitions
-Ex parte communications, 14:10281-14:10282
Execufive director
-Appointment and term, 14:10260
-Duties and delegation, 14:10261
Ex parte communications, 14:10280-14:10289
-Applicability of policy. 14:10285
-Definitions, 14:10281-14:10282
-Disclosure. 14:10283
-Field trips, 14:10289
-Following close of public hearing or deadline for
written communications, 14:10288
-Notification of impermissible communications,
14:10286
-Party response to, 14:10287
-Permissible communications, 14:10284
-Prohibitions, 14:10283
-Purpose of rules, 14:10280
-Quasi -judicial and quasi-legislative proceedings,
defined, 14:10282
Fees
-Amending commission plans, 14:11008
Field trips of members, ex parte communications,
14:10289
Meetings
-Agenda, 14:10243
-Date and time, 14:10210-14:10214
—Changes, 14:10211
Notice, 14:10212
—Notice, 14:10213
Recipients, 14:10214
-Emergency meetings, 14:10230-14:10232
—Notice, 14:10231
— Prerequisites for action, 14:10232
— Time and reason, 14:10230
-Minutes, 14:10245
-Procedures
—Quorum, 14:10240
—Robert's Rules of Order. 14:10242
— Voting, number required, 14:10241
-Pubhc comment period, 14:10246
-Records, 14:10244
-Special meetings
—Notice, 14:10221
—Time, 14:10220
Notices
-Ex parte communications, 14:10286
Officers' duties
-Acting Chair, 14:10252
-Chair, 14:10250
-Vice Chair, 14:10251
Permit fees
-Dredging and filling, 14:10522
-Major permits, 14:10522
Seaport plan amendments, 14:11945
Solano county local protection program, amend-
ment, 14:11990
Waterfront special area plan amendment, 14:11960
White Slough specific area plan, 14:11961
SAN FRANCISCO BAY DISTRICT
Geographic definition, 14:27.00
SAN FRANCISCO BAY PLAN
Amendments
-Application form, 14:11007 Appx. G
-Approval, 14:11006
-Determination to consider, 14:11002
-Draft plan
—Contents, 14:11001
— Descriptive notice, adoption of, 14:11002
— Descriptive notice, notification, 14:11002
-Fees, 14:11008
-Hearings, 14:11004
-Information required to consider, 14:11000
-Notice of adoption, 14:11007
-Staff planning recoimnendation, 14:1 1005
-Staff planning report, 14:11003
SAN FRANCISCO PENINSULA WATERSHED
HAZARDOUS FIRE AREA
Geographic boundaries, 14:1205.4
SAN GABRIEL AND LOWER LOS ANGELES
RIVERS AND MOUNTAINS CONSERVANCY
Conflict of interest, 14:14020
Selection process for private consultant firms,
14:14021-14:14032
-Announcement of project. 14:14023
-Competitive bidding, 14:14030
-Contract amendments, 14:14028
-Contracting in phases, 14:14029
-Criteria, 14:14022
-Definitions, 14:14021
-Estimate of value of services, 14:14025
-Negotiation. 14:14027
-Prohibited relationships, 14:14032
-Selection of qualified firms, 14:14024
-Statewide participation goals, 14:14026
-Unlawful consideration, 14:14031
SAN GABRIEL RIVER
Construction aggregate resources, 14:3550.5
SANITATION
Boating facilities
-Floating rest rooms, grants, 14:5160-14:5163
Parks and recreation areas, 14:4324
SAN JACINTO WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SAN JOAQUIN RIVER
Ecological reserve, 14:630
Sacramento-San Joaquin Delta
See SACRAMENTO-SAN JOAQUIN DELTA
SAN JOAQUIN RIVER CONSERVANCY
Selection process for private consultant firms,
14:25001-14:25012
-Announcement of project, 14:25003
-Competitive bidding, 14:25010
-Contract amendments, 14:25008
-Contracting in phases, 14:25009
-Criteria, 14:25002
-Definitions, 14:25001
-Estimate of value of services, 14:25005
-Negotiation, 14:25007
-Prohibited relationships, 14:25012
-Selection of qualified firms, 14:25004
-Statewide participation goals, 14:25006
-Unlawful consideration, 14:25011
SAN JUAN CREEK
Construction aggregate resources, 14:3550.4
SAN LUIS NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552
SAN LUIS OBISPO WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SAN LUIS RESERVOIR STATE RECREATION
AREA
Hunting, open areas, 14:4501
Prohibition against taking other than migratory
game birds, 14:260.3
SAN LUIS RESERVOIR WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SAN MATEO COUNTY
Hazardous fire areas
-San Francisco Peninsula Watershed, 14:1205.4
-San Mateo, Santa Cruz, and Santa Clara Counties,
14:1205.5
Logging operations
-Applicability of rules, 14:928
-Cutting practices, 14:928.7
-Definitions, 14:928.1
-Flagging roads, 14:928.3
-Hours of work, 14:928.5
-Log hauling, 14:928.6
-Performance bonding requirements, 14:928.4
-Timber harvesting plan contents, 14:928.2
SAN MIGUEL ISLAND
Ecological reserve, 14:630
TITLE 14 INDEX
SHIPS 57
SAN MIGUEL \SLAND-continiied
Marine reserves, 14:632
SAN PABLO BAY
Fishing, Bay-Delta Sport Fishing Enhancement
Stamp, 14:1.18
Oil spills, harbor safety committees, 14:800-14:802
SAN PABLO BAY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SANTA ANA RIVER
Construction aggregate resources, 14:3550.4
SANTA BARBARA COUNTY
Tank vessel escort requirements
-Humboldt Bay, 14:851.80-14:851.86
-Port Hueneme, 14:851.50-14:851.54
-San Diego Harbor, 14:852-14:852.6
SANTA BARBARA ISLAND ECOLOGICAL
RESERVE, 14:630
SANTA BARBARA ISLAND STATE MARINE
RESERVE, 14:632
SANTA CLARA COUNTY
Hazardous fire areas
-Pacheco, 14:1205.3
-San Mateo, Santa Cruz, and Santa Clara Counties,
14:1205.5
Logging operations
-Applicability of rules, 14:925
-nagging, 14:925.6
-Hours of work, 14:925.10
-Log hauling, 14:925.7
-Performance bonding, 14:925.11
-Roads
—Buffer zones, 14:925.8
—Protection, 14:925.9
-Timber harvesting plans
—Contents, 14:925.4
— Distribution, 14:925.3
—Submittal, 14:925.2
-Tractor yarding, 14:925.5
-Winter period defined, 14:925.1
SANTA CLARA RIVER VALLEY
Construction aggregate resources, 14:3550.2
SANTA CRUZ COUNTY
Aquaculture permits for anadromous fish on Dav-
enport Landing Creek, 14:235.2
Hazardous fire areas
-San Mateo, Santa Cruz, and Santa Clara Counties,
14:1205.5
Logging operations
-Applicability of rules, 14:926
-Erosion control, 14:926.19
-Flagging
— Property lines, 14:926.11
—Roads, 14:926.16
-Fuelwood harvesting, 14:926.8
-Hours of work, 14:926.9
-Log hauling, 14:926.10
-Performance bonding, 14:926.13
-Roads
— Abandonment, 14:926.17
— Construction, 14:926.15
-Soil deposition on property owned by others,
14:926.12
-Timber harvesting plans
— Additional information, 14:926.5
— Biotic resource identification, 14:926.14
—Contents, 14:926.23
— Exemptions from requirements, 14:926.21
— Field reviews, 14:926.2
— Nofice of intent, 14:926.3
— Preharvest inspections, 14:926.4
— Registered Professional Forester advice,
14:926.1
— Review teams, 14:926.7
— Special methods, 14:926.25
—Submittals, 14:926.3
— Water agency representative, 14:926.6
-Winter period defined, 14:926.18
SANTA CRUZ ISLAND
Marine reserves, 14:632
SANTA CRUZ LONG-TOED SALAMANDER
ECOLOGICAL RESERVE, 14:630
SANTA MONICA MOUNTAINS CONSERVANCY
Conflict of interest code, 14:13950
-Employee designations. 14:13950 Appx.
Project plan contents, 14:13905
SANTA ROSA ISLAND
Marine reserves, 14:632
SANTA ROSA PLATEAU ECOLOGICAL
RESERVE, 14:630
SANTA ROSA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SANTIAGO CREEK
Construction aggregate resources, 14:3550.4
SARDINES
Importation requirements, 14:157
Live bait taking, 14:158
Permits, 14:158
SARGO
Salton Sea bag and possession provisions, 14:5.26
SAWMILLS
See LOGGING AND SAWMILLS
SCALLOPS, ROCK
Bag and possession provisions, 14:29.60
SCALLOPS, SPECKLED (BAY)
Bag and possession prohibitions, 14:29.65
SCAVENGING
Definitions, 14:17225.63
SCHOOLS AND SCHOOL DISTRICTS
Environmental Quality Act exemptions, 14:15314
Facilities and equipment, environmental impact
reports, 14:15186
Waste disposal, definitions, 14:17225.37
SCORPIONFISH
Bag and possession provisions, 14:28.54
Groundfish management areas
See GROUNDFISH
Management area closure periods, 14:150.06
SCORPION STATE MARINE RESERVE, 14:632
SCRAP METAL
Recyclers and dealers, exceptions from integrated
waste management regulation, 14:17402.5
SCULPIN (CALIFORNIA SCORPIONFISH)
Bag and possession provisions, 14:28.54
SCULPIN, PACIFIC STAGHORN
Baited trap restrictions, 14:28.75
SEABASS, WHITE
See WHITE SEABASS
SEA PALM
Cutting or disturbing prohibitions, 14:30.10
SEA URCHINS
Commercial fishing operations, 14:120.7
Fishing log, 14:245 Appx. A
SEAWEED
See KELP
SECURITY
Solid waste facilities, site security, 14:17418.1
SECURITY BONDS
See BONDS, SECURITY
SEISMIC HAZARDS MAPPING, 14:3720-14:3725
Criteria for project approval, 14:3724
-Waiver of geotechnical report requirements,
14:3725
Definitions, 14:3721
Requirements for mapping, 14:3722
Review of preliminary maps, 14:3723
SELF-INSURANCE
Tire storage and disposal facilities, 14:18492
SENSITIVE SPECIES
Logging, habitat protection
See LOGGING AND SAWMILLS, subheading:
Wildlife habitat protection
SEVENGILL SHARK
Bag and possession limits, 14:28.41
SEWAGE TREATMENT WORKS
See also SEWERS AND SEWAGE SYSTEMS
Coastal development permits
-Applications
— Completeness, 14:13652
— Filing and hearing procedures, 14:13653
—Healings, 14:13655
— Preliminary approval waivers, 14:13654
— Voting by Comjnission, 14:13657
-Government funding requested
—Applicability, 14:13650
— Staff involvement, 1 4: 1 365 1
SEWERS AND SEWAGE SYSTEMS
See also SEWAGE TREATMENT WORKS
Sacramenio-San Joaquin Delta land use plan,
14:20050
Septic tank pumpings, definition, 14:17225.64
Sewage sludge, definition, 14:17225.65
SHAD
Commercial fishing operations
-Importation, 14:135
SHAD, AMERICAN
Bag and possession provisions, 14:5.65
SHARKS
Bag and possession provisions
-Blue Shark, 14:28.42
-Leopard shark, 14:28.56
-Shortfin Mako Shark, 14:2842
-Sixgill and Sevengill Shark, 14:28.41
-Soupfin Shark, 14:28.51
-Thresher Shark, 14:28.42
-White sharks, 14:28.06
Commercial fishing operations
-Log, 14:245 Appx. A
Groundfish management areas
See GROUNDFISH
Permits to use drift gill nets, 14:106
SHARKS, ANGEL
Commercial fishing operations
-Weight conversion factors for computing landing
tax, 14:187
SHARKS, BONITO
Commercial fishing operations
-Weight conversion factors for computing landing
tax, 14:187
SHARKS, THRESHER
Commercial fishing operations
-Weight conversion factors for computing landing
tax, 14:187
SHARKS, WHITE
Bag and possession prohibitions, 14:28.06
SHASTA COUNTY
Fishing, special methods, 14:2.12
Hazardous fire areas
-Anderson Woodlands, 14:1203.3
-Big Valley, 14:1203.5
-Diamond International No. 1, 14:1203
-Viola, 14:1203.9
State forests, areas closed to hunting, 14:1436
SHASTA VALLEY WILDLIFE AREA
Hunting, firearms, and aichery equipment use,
14:551
Public use activities, 14:550
SHEEPHEAD, CALIFORNIA
Bag and possession provisions, 14:28.26
Management area closure periods, 14:150.06
Nearshore fishery management plans, 14:52.10
SHIPS
See also BOATS AND BOATING; VESSELS
Barges
See BARGES
Commercial fishing operations
58
SHIPS
CALIFORNIA CODE OF REGULATIONS
SH\PS-coiitiiuied
Conunercial fishing opeiations-c'o/i//;n/(^^/
-Recordkeeping requirements, 14:190
-Salmon permii requiremenl, 14:183
Distress signals, 14:6692
-Prohibited use, 14:6692.1
Equipment requirements
-Life preservers and lifesaving equipment
— Passengers-1'or-hire vessels, 14:6566
Historic ships, definition, 14:10703
Licenses
-Brokers
— Advertising, 14:7602
— Bond or deposit, 14:7614
— Branch offices, 14:7617
— Coercive and oppressive methods, 14:7615
— Corporations and partnerships, 14:7613
— Definite place of business, 14:7616
— Definitions, 14:7601
— Examination, 14:7607
—Fees, 14:7606
— Government office assumption, 14:7621
— Identification card, 14:7618
— Investigative authority, 14:7603
— Offers to purchase vessel, 14:7623
— Processing time periods, 14:7606.1
— Property taxes, 14:7622
— Qualifications, 14:7608
— Record retention, 14:7620
— Reinstatement, 14:7609
— Renewal failure penalties, 14:7610
— Salesman relationship agreement, 14:7619
— Shared listings, 14:7605
— Trust accounts, 14:7604
-For-hire vessels
—Definitions, 14:7500
— Examination requirements, 14:7501
— Investigations, 14:7505
— Processing time periods, 14:7501.1
— Provisions affecting use, 14:7504
— Refusal to issue, 14:7502
—Renewals, 14:7503
-Salespersons
— Restrictions, 14:7612
— Temporary licenses, 14:7611
Oil tankers
See OIL AND GAS, subheading: Tank vessels
Pilot rules
-Incorporation by reference, 14:6600.1
-Invalidity, 14:6601
-Negligent operation, prima facie evidence,
14:6697
Searchlights and other blinding lights, 14:6695
Sportfishing vessels
-Declaration requirement for multi-day fishing
trips, 14:27.15
-Filleting requirements, 14:27.65
-Forms and fees, 14:701
-Log, 14:245 Appx. A
-Reporting requirements, 14:195
-Sport-caught fish exchange permits, 14:231
SHOOTING AREAS
See generally HUNTING
SHORELINES
See generally COASTAL ZONES; SAN FRAN-
CISCO BAY AND BAY AREA
SHORTFIN MAKO SHARK
Bag and possession limits, 14:28.42
SHRIMP
Commercial fishing operations
-Bay shrimp log, form, 14:245 Appx. A
-Powered equipment restrictions, 14:120.6
-Trawling restrictions, 14:120
—Pink shrimp, 14:120.01
-Trawl log, form, 14:245 Appx. A
Endangered species, 14:670.5
SHRIMP, BAY
Bag and possession provisions, 14:29.86
Fishing log, 14:245 Appx. A
SHRIMP, BLUE MUD
Bag and possession provisions, 14:29.87
SHRIMP, BRINE
Commercial fishing operations
-Trawling in Mono Lake, 14:120.5
SHRIMP, COONSTRIPE
Bag and possession provisions, 14:29.88
Commercial fishing operations, 14:180.15
SHRIMP, GHOST
Bag and possession provisions, 14:29.87
SHRIMP, GRASS
Bag and possession provisions, 14:29.86
SIERRA DISTRICT
Bait fish use restrictions, 14:4.30
Geographic definition, 14:6.35
SIERRA NEVADA CONSERVANCY
Conflict of interest code, 14:25231
SIGNS
Asbestos containing waste, disposal facilities,
14:17897.19
Recycling operations, 14:2500
Solid waste transfer/processing operations and
facilities, 14:17409.4
Slate forest restrictions, 14:1420
SILVER CREEK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SILVER FORK HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.9
SILVICULTURE
See FORESTRY
SIMI VALLEY
Construction aggregate resources, 14:3550.3
SISKIYOU COUNTY
Hazardous fire areas
-Pondosa, 14:1203.4
SIXGILL SHARK
Bag and possession limits, 14:28.41
SKATES
Bag and possession provisions, 14:28.52
Groundfish management areas
See GROUNDFISH
SKUNK POINT STATE MARINE RESERVE,
14:632
SLY PARK-ALDER CREEK HAZARDOUS FIRE
AREA
Geographic boundaries, 14:1204.10
SMALL BUSINESSES
Architects or engineers
-Parks and recreation department contracts,
14:4725-14:4736
Coastal conservancy contracts, participation,
14:13880
Fish and game department contracts
See FISH AND GAME DEPARTMENT
Forestry contracts, 14:1663-14:1663.9
See also FORESTRY, subheading: Environmental
Quality Act
San Francisco Bay Conservation and Development
Commission contracts, 14:11820-14:11830
SMALL GAME
See HUNTING
SMELTS, SURF
Bag and possession provisions, 14:28.45
SMOKE MANAGEMENT
Open burning
-Chaparral management program, 14:1569.6
SMOKING
Hearst San Simeon State Historical Monument,
14:4600
Logging operation restrictions
-Coast Forest District, 14:918.4
-Northern Forest District, 14:938.4
-Southern Forest District, 14:958.4
Parks and recreation areas, 14:4311
State forest restrictions, 14:1426
SNAILS, MOON
Bag and possession provisions, 14:29.71
SNAKES
See also REPTILES
Bag and possession provisions, 14:5.60
Endangered species, 14:670.5
SNIPE
Hunting permits, 14:313
SNOWMOBILES
Parks and recreation areas
-Off-highway vehicles recreation area grants,
1 4:4970- 1 4:4970.2 1 , 1 4:4970.49- 1 4:4970.72
Sec also OFF-ROAD VEHICLES
-Restrictions, 14:4352
SOFT-SHELL CLAMS
Bag and possession provisions, 14:29.35
SOIL
See also EROSION CONTROL
Contaminated soil operations and facilities,
14:17360-14:17366
See also SOLID WASTE
Logging operations
-Dumping on property owned by others
— Santa Cruz County rules, 14:926.12
Mining and reclamation, topsoil salvage, 14:3711
Timberland conversions, suitability, 14:1109.4
SOLANO COUNTY
Suisun Marsh protection
-Local program
— Agency requirements, 14:11200
— Amendments
Certification of, 14:11990
Frequency, 14:11215
Minor amendment defined, 14:11213
Minor amendment designation, 14:11214
Processing, 14:11212
Subminals, 14:11210, 14:11211
— Certification notice, 14:11208
— Certification resolution, 14:11206
— County endorsement, 14:11201
Distribution, 14:11202
— Hearings, 14:11204
— Non-certification resolution, 14:11207
— Staff recommendation, 14:11205
— Staff summary, 14:1 1203
-Permit exemptions, 14:11721 Appx. C
-Plan amendments
— Adoption notice, 14:11007
— Application form, 14:11007 Appx. G
— Approval, 14:11006
— Determination to consider, 14:11002
—Fees, 14:11008
— Hearings, 14:11004
— Staff planning recommendation, 14:11005
— Staff planning report, 14:11003
SOLE
Bag and possession provisions, 14:28.48-14:28.49
SOLICITING
Cal-Expo rules, 14:4959
Parks and recreation areas, 14:4331
SOLID HAZARDOUS WASTES
See generally HAZARDOUS WASTES
SOLID WASTE
See also WASTE DISPOSAL; WASTE MAN-
AGEMENT
Asbestos containing waste, 14:17897-14:17897.25
-Applicability of rules, 14:17897
-Closure and postclosure, 14:17897.24
-Compliance schedules, 14:17897.15
-Contingency plans, 14:17897.19
-Definitions, 14:17897.10
-Excavation requirements, 14:17897.21
-Facilities, 14:17897.16
— Design and operating requirements, 14:17897.18,
14:17897.19
-Identification number, 14:17897.19
-Inspection requirements, 14:17897.20
-Local enforcement agencies, requirements,
14:17897.25
TITLE 14 INDEX
SOLID WASTE
59
•
SOLID VifASTE-i^'oniinued
Asbestos containing wastc-coniiniied
-Purpose of rules, 14:17897
-Scope of rules, 14:17897
-Security, 14:17897.19
-Training, 14:17897.19
-Warning signs, 14:17897.19
Ash, nonhazardous, 14:17375-14:17379.1
-Applicability of provisions, 14:17375
-Authority, 14:17375
-Definitions, 14:17376
-Disposal/monofill facilities
— Design requirements, 14:17378.2
— Exclusions, 14:17377.1
— Operating standards, 14:17378.3
— Recordkeeping requirements, 14:17379.0
— Regulatory tiers, 14:17377.3
— Site restoration, 14:17379.1
-Landfills, siting on, 14:17378.1
-Minimum standards for operations and facilities,
14:17378.0-14:17378.3
-Permit reporting requirements, 14:18226
-Regulatory tiers for operations and facilities,
14:17377.0-14:17377.3
-Reporting requirements
— Permits, disposal site information, 14:18226
-Scope of provisions, 14:17375
-Storage containers, 14:17378.2
-Transfer/processing operations
— Design requirements, 14:17378.2
—Exclusions, 14:17377.1
— Operating standards, 14:17378.3
— Recordkeeping requirements, 14:17379.0
— Regulatory tiers, 14:17377.2
— Site restoration, 14:17379.1
Auto parts, defined as "bulky waste," 14:17225.8
Bonds, surety
-Tire haulers, 14:18456.1, 14:18831 Appx. A
-Tire storage and disposal facilities, closure,
14:18475
City management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Cleanup program, 14:18900-14:18932
-Board managed remediations, 14:18928-14:18932
—Approval of Board, 14:18932
— Cost recovery, 14:18929
—Funding eligibility, 14:18931
— Identification of responsible parties, 14:18930
—Purpose, 14:18928
-Definitions, 14:18901
-Grants to abate illegal disposal sites,
14:18913-14:18919
—Agreement, 14:18919
—Applications, 14:18916-14:18918
—Eligibility, 14:18914
—Purpose, 14:18913
— Requirements, 14:18915
-Loans to local governments, 14:18905-14:18912
— Agreement, 14:18911
—Applications, 14:18908-14:18910
—Eligibility, 14:18906
— Financial condition notification, 14:18912
—Purpose, 14:18905
— Requirements, 14:18907
-Matching grants, 14:18920-14:18927
— Agreement, 14:18926
—Applications, 14:1 8923- 1 4: 1 8925
—Eligibility, 14:18921
— Financial condition notification, 14:18927
—Purpose, 14:18920
— Requirements, 14:18922
-Remedial actions, eligibility, 14:18904
-Scope, 14:18900
-Sites
—Eligibility, 14:18902
— Prioritization, 14:18903
Closure and postclosure maintenance
-Disposal sites
See Disposal sites, this heading
-Waste tire faciUties, 14:18440-14:18441
— Financial assurance requirements,
14:18470-14:18482
— Monofills, 14:17347-14:17348
SOLID \NASJE-continued
Composting
See COMPOSTING
Construction and demolition debris
-Definitions, 14:17225.15, 14:17381
-Disposal requirements, 14:17387-14:17390
—Definitions, 14:17388
—Excluded activities, 14:17388.2
— Inert debris engineered fill operations,
14:17388.3
— Inert debris Type A disposal facilities,
14:17388.4
— Operation plan, 14:17390
— Purpose of regulations, 14:17387.5
— Recordkeeping requirements, 14:17389
— Regulatory tiers placement for operations and
facilities, 14:17388.1
— Scope of regulations. 14:17387
— Statutory authority, 14:17387
— Waste disposal facilities, 14:17388.5
-Transfer and processing requirements,
14:17380-14:17386
— Cleanup plan, CIWMB Form 643, 14:18831
Appx. A
— Definitions, 14:17381
— Emergency operations, 14:17383.9
—Excluded activities, 14:17381.1-14:17382
— Final site cleanup, 14:17384.1
— Large volume facilities, 14:17383.6
Reports, 14:18223.5
— Medium volume facilities, 14:17383.5
Facility plans, 14:18223
— Operation plans, 14:17386
— Pre-existing permits, 14:17385
— Purpose, 14:17380.1
— Recycling centers, 14:17381.1
— Regulatory tiers placement, 14:17381.2
—Scope, 14:17380
— Small volume operations, 14:17383.4
— State minimum standards, 14:17383
— Statutory authority, 14:17380
— Storage time limit alternatives, 14:17384
Contaminated soil operations and facilities,
14:17360-14:17366
-Definitions, 14:17361
-Design requirements, 14:17364.2
-Disposal facilities, 14:17362.3
-Excluded operations, 14:17362.1
-Minimum standards, 14:17364.0-14:17364.3
-Operating standards, 14:17364.3
-Permits, 14:17363
-Recordkeeping requirements, 14:17365
-Regulatory tiers, 14:17362.0
-Scope, 14:17360
-Site restoration, 14:17366
-Siting on landfills, 14:17364.1
-Statutory authority, 14:17360
-Transfer/processing operations, 14:17362.2
Corporate guarantees
See Financial responsibility, this heading
Corrective actions
-Waste tire monofills, 14:17348
County management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Definitions
-Abandoned vehicles, 14:17225.1
-Agricultural solid wastes, 14:17225.3
-Approval agency, 14:17225.4
-Asbestos containing waste, 14:17897.10
-Ashes, 14:17225.5
— Nonhazardous, 14:17376
—Rubbish, as, 14:17225.59
-Baling, 14:17225.6
-Bulky waste, 14:17225.8
-Cleanup program, 14:18901
-Collection, 14:17225.10
-Collection vehicle or equipment, 14:17225.13
-Combustible refuse, 14:17225.11
-Commercial solid wastes, 14:17225.12
-Composting, 14:17225.14
-Confined animals, 14:17810.2
-Construction and demolition debris, 14:17225.15
— Transfer and processing requirements, 14:17381
SOLID VJfKSTE-contiiuiecl
Defimuons-coiitiinied
-Contaminated soil operations and facilities,
14:17361
-Dead animals. 14:17225.18
-Disposal area, 14:17225.21
-Emergency waiver of standards, 14: 17210.1
-Enforcement agency inspection, 14:17810.3
-Excessive odor, dust, and feathers, 14:17810.5
-Excessive vectors, 14:17810.4
-Farm and ranch solid waste cleanup and abate-
ment, grant program, 14:17991
-Flue, 14:17225.29 "
-Garbage, 14:17225.30
-Hazardous wastes, 14:17225.32
-Incinerator, 14:17225.33
-Incinerator residue, 14:17225.34
-Industrial wastes, 14:17225.35
-Inert debris
— Recycling centers, 14:17381.1
— Regulatory tiers, 14:17381.2
— State minimum standards, 14:17383
— Transfer and processing requirements, 14:17381
-Infectious wastes, 14:17225.36
-Institutional solid wastes, 14:17225.37
-Integrated waste management plans, 14:18720
-Inventory of facilities violating minimum stan-
dard's, 14:18361
-Liquid wastes, 14:17225.41
-Litter, 14:17225.42
—Rubbish, as, 14:17225.59
-Loan guarantees, 14:18011, 14:18400
-Local government, 14:17225.43
-Manure, 14:17810.1
-Noncombustible refuse, 14:17225.44
-Nuisance, 14:17225.45
-Open burning, 14:17402
-Premises, 14:17225.50
-Putrescible wastes, 14:17225.52
-Refuse, 14:17225.53
-Region, 14:17117
-Regional issues, 14:17118
-Regulatory tier permitting requirements, 14:18101
-Removal, 14:17225.55
-Removal frequency, 14:17225.56
-Residential refuse, 14:17225.57
-Resource recovery, 14:17225.58
-Rubbish, 14:17225.59
-Salvaging, 14:17225.61
-Scavenging, 14:17225.63
-Septic tank pumpings, 14:17225.64
-Sewage sludge, 14:17225.65
-Shredding, 14:17225.66
-Sludge, 14:17225.67
-Small volume transfer station, 14:17225.68
-Solid waste management, 14:17225.70
-Special waste program grants, 1 4: 1 8502
-Street refuse, 14:17225.71
-Temporary waiver of permit terms, 14:17211.1
-Tire storage and disposal facilities
—Monofills, 14:17346.1
-Tire storage and disposal facilities, financial
responsibility for liability claims, 14:18486
-Transfer/processing operations and facilities,
14:17402
— Exempt activities, 14:17402.5
-Vector, 14:17225.73
-Waste tires
— Facilities, financial assurances, 14:18499.2
—Haulers, 14:18450
—Monofills, 14:17346.1
Demolition debris
See Construction and demolition debris, this head-
ing
Disposal sites
-Ash, nonhazardous, 14:17375-14:17379.1
-Closure and postclosure
— Asbestos containing waste, 14:17897.24
— Local enforcement agency
Powers and duties, 14:18082
-Contaminated soil, siting on landfills, 14:17364.1
-Inspection
— Local enforcement agency, 14:18082
-Violations
60
SOLID WASTE
CALIFORNIA CODE OF REGULATIONS
SOLID \NASlE-contmued
Disposal sites-continued
-V\o\iiuons-contiinied
— Local enforcement agency powers and duties,
14:18084
Electronic waste, recycling,
14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
Emergency waiver of standards,
14:17210-14:17210.9
See also Minimum standards, this heading
Enforcement
-Board actions, 14:18350
— Assumption of enforcement agency duties,
14:18351
— Local enforcement agency (LEA), over,
14:18085-14:18088
-Complaints of violations, 14:18302
-Definitions, 14:18011
-Directory of enforcement agencies and hearing
panels, 14:18078
-Emergency actions, 14:18306
-File maintenance, 14:18020
-Hearing panel appointments, 14:18060
-Hearing panel directory, 14:18078
-Investigations, 14:18303
-Local enforcement agencies
See Local enforcement agencies (LEAs), this
heading
-Mailing and delivery of documents, 14:18012
-Mandated actions, 14:18304.3
-Notices and orders, 14:18304, 14:18304.5
— Compliance status, 14:18304.4
—Final orders, 14:18304.2
— Regulatory tier requirements, 14:18103
—Types, 14:18304.1
-Permit suspension or revocation, 14:18307
-Purpose of rules, 14:18010
-Reports, LEA grant recipients, 14:18093.0
-Scope of rules, 14:18301
Environmental liability fund
See Financial responsibility, this heading
Farm and ranch solid waste cleanup and abatement
grant program, 14:17990-14:17994.3
-Amount of grants, 14:17993.2
-Appeals by property owners, 14:17994.3
-Applications
— Farm or ranch application to local agency,
14:17994.1-14:17994.3
— Local agency application to Integrated Waste
Management Board, 14:17993.1-14:17993.5
-Cleanup, local agency agreement, 14:17993.6
-Criteria for grants, 14:17993.5
-Definitions, 14:17991
-Eligibility, 14:17992.1-14:17992.4
-Forms, 14:18831 Appx. A
-Local agency grant agreement, 14:17993.6,
14:17993.7
-Purpose of grants, 14:17992.1
-Reimbursements, grant agreement, 14:17993.7
-Remedial actions that are eligible, 14:17992.4
-Restrictions on use of funds, 14:17992.2
-Review of applications, 14:17993.4
-Scope, 14:17990
-Site eligibility, 14:17992.3
Federal law implementation
-Agencies, 14:17032
-Regional boundaries, 14:17031
Financial responsibility
-Forms, 14:18831 Appx. A
-Waste tire facilities
—Closure of facility, 14:18470-14:18482
—Liability claims, 14:18485-14:18499
— Monofills, 14:17349
Forms, 14:18831 Appx. A
Generation studies
-Integrated waste management plans, 14:18722,
14:18724
— Adjusted base-year tonnage calculation,
14:18797.0-14:18797.4
-Revised source reduction and recycling elements,
14:18726
-Sampling guidelines, 14:18726 Appx. 1
SOLID WASTE-conlinued
Government securities
Sec Financial responsibility, this heading
Grants, LEAs, 14:18090.0-14:18094.0
Hazardous wastes
See generally HAZARDOUS WASTES
Health-related standards (H designation), 14:17205
Inert debris
-Transfer and processing requirements,
14:17380-14:17386
— Authority, 14:17380
—Cleanup plan, CIWMB Form 643. 14:18831
Appx. A
—Definitions, 14:17381
— Emergency operations, 14:17383.9
— Final site cleanup, 14:17384.1
— Large volume facilities, 14:17383.6
Reports, 14:18223.5
— Medium volume facilities, 14:17383.5
Facihty plans, 14:18223
— Operation plans, 14:17386
— Pre-existing permits, 14:17385
--Purpose, 14:17380
— Scope, 14:17380
— Small volume operations, 14:17383.4
— Storage time limit alternatives, 14:17384
—Type A and Type B facilities, 14:17383.8
— Type A operations, 14:17383.7
-Type A disposal facility plan, 14:18223.6
-Type A facilities
— Disposal facilities, 14:17388.4
— Transfer and processing requirements,
14:17383.7, 14:17383.8
Inspection
-Asbestos containing waste, disposal facilities,
14:17897.20
-Local enforcement agency, 14:18083
Insurance
See Financial responsibility, this heading
Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Inventory of facilities violating minimum stan-
dards, 14:18360-14:18368^
-Authority, 14:18360
-Compliance schedule, 14:18365
-Definitions, 14:18361
-Inclusion of facility, 14:18364
-Notice of intent to list facility, 14:18362
— Rescission, 14:18363
-Penalties, 14:18368
-Publication, 14:18367
-Removal of facility, 14:18366
-Scope, 14:18360
Landfills
See Disposal sites, this heading
LEAs
See Local enforcement agencies (LEAs), this
heading
Liability
See Financial responsibility, this heading
Loan guarantees
-Amount limitations, 14:18403
-Applications
—Board actions, 14:18409
—Fees, 14:18408
-Conditions, 14:18413
-Criteria, 14:18401
-Default claim procedures, 14:18411
-Definitions, 14:18011, 14:18400
-File maintenance, 14:18020
-Fund audits, 14:18410
-Interest, 14:18407
-Mailing and delivery of documents, 14:18012
-Percentage of principal balance, 14: 1 8405
-Period, 14:18404
-Priorities, 14:18402
-Purpose of rules, 14:18010
-Reserve ratio, 14:18406
-Terms, 14:18412
Local enforcement agencies (LEAs)
-Asbestos containing waste, requirements,
14:17897.25
-Board actions over, 14:18085-14:1!
SOLID VJASTE-conliniied
Local enforcement agencies (LEAs)-continiied
-Board actions over-continued
— Board powers as enforcement agency, 14:18088
—Hearing, 14:18087
— Notice of hearins, 14:18087
—Process, 14:18087
—Purpose of rules, 14:18085
—Types of actions, 14:18086
-Budget resources, 14:18074
-Certification, 14:18070-14:18078
—Requests, 14:18076
—Review, 14:18076
— Scope of regulations, 14:18070
—Types, 14:18071
-Designation
—Form, 14:18831 Appx. A
—Procedure, 14:18051
—Reviews, 14:18054
—Withdrawals, 14:18056
-Directory, 14:18078
-Enforcement duties, 14:18084
-Enforcement program plan (EPP), 14:18077
-Grants, 14:18090.0-14:18094.0
—Agreement, 14:18093.0
—Applications, 14:18091.1
—Audits, 14:18094.0
—Awards, 14:18090.2
— Compliance with laws and regulations,
14:18093.0
—Eligible LEAs, 14:18090.1
—Payment of funds, 14:18093.1
—Purpose, 14:18090.0
— Report by recipient, 14:18093.0
— Review of apphcation, 14:18092.0
—Scope, 14:18090.0
—Use of funds, 14:18090.3
-Hearing panel appointment, 14:18060
-Inspection, 14:18083
-Performance standards, 14:18080-14:18084
— Evaluation criteria, 14:18081
— Scope of regulations, 14:18080
-Powers and duties, 14:18082-14:18084
-Purpose of rules, 14:18050
-Staff resources
—Adequacy, 14:18073
— TechJiical expertise, 14:18072
-Training of personnel, 14:18075
Minimum standards
-Contaminated soil operations and facilities,
14:17364.0-14:17364.3
-Definitions
— Abandoned vehicles, 14:17225.1
— Agricultural soUd waste, 14:17225.3
— Approval agency, 14:17225.4
—Ashes, 14:17225.5
—Baling, 14:17225.6
—Bulky waste, 14:17225.8
—Collection, 14:17225.10
— Collection vehicle or equipment, 14:17225.13
— Combustible waste, 14:17225.11
— Commercial solid waste, 14:17225.12
— Composting, 14:17225.14
— Construction and demolition wastes,
14:17225.15
—Dead animals, 14:17225.18
— Disposal area, 14:17225.21
—Flue, 14:17225.29
—Garbage, 14:17225.30
— Hazardous wastes, 14:17225.32
—Incinerator, 14:17225.33
— Incinerator residue, 14:17225.34
— Industrial wastes, 14:17225.35
— Infectious wastes, 14:17225.36
— Institutional solid wastes, 14:17225.37
— Liquid wastes, 14:17225.41
—Litter, 14:17225.42
— Local government, 14:17225.43
— Non-combustible refuse, 14:17225.44
—Nuisance, 14:17225.45
—Premises, 14:17225.50
— Putrescible wastes, 14:17225.52
—Refuse, 14:17225.53
—Removal, 14:17225.55
•
TITLE 14 INDEX
SOLID WASTE
61
SOLID W/KSTE-continued
Minimum standards-t.o////'/7w<'^
-De fi 11 i t lons-coiitimied
— Removal frequency, 14:17225.56
—Residential refuse, 14:17225.57
— Resource recovery, 14:17225.58
—Rubbish, 14:17225.59
—Salvaging, 14:17225.61
—Scavenging, 14:17225.63
— Septic tank pumpings, 14:17225.64
— Sewage sludge, 14:17225.65
— Shreddins, 14:17225.66
—Sludge, 14:17225.67
— Small volume transfer station, 14:17225.68
— Solid waste management, 14:17225.70
—Street refuse, 14:17225.71
—Vector, 14:17225.73
-Emergency waivers, 14:17210-14:17210.9
-Intent, 14:17204
-Transfer/processing operations, applicability,
14:17405.0
-Violations, inventory of facilities,
14:18360-14:18368
-Waivers, emergency, 14:17210-14:17210.9
Nonhazardous, nonputrescible waste disposal by
hazardous waste facilities,
14:17367-14:17370.2, 14:18225
Notice
-Construction and demolition debris processing
— Operation plans, 14:17386
— Regulatory tiers, 14:17381.2
— Small volume operations, 14:17383.4
-Inert debris processing
— Operation plans, 14:17386
— Regulatory tiers, 14:17381.2
— Small volume operations, 14:17383.4
— Type A operations, 14:17383.7
-Wood debris chipping and grinding operation
plans, 14:17386
Notice of intent to list on inventory of facilities in
violation, 14:18362
-Rescission, 14:18363
Penalties
-Waste tire generation, transportation or disposal
— Administrative penalty schedule, 14:18464
—Civil penalties, 14:18463-14:18466
— Storage and disposal facilities
Financial assurance for violations,
14:18499.6-14:18499.7
Permits, schedule, 14:18429
Permits
-Applications
— Registration permit forms, 14:18105.11,
14:18831 Appx. A
—Scope of rules, 14:18200
-Ash, nonhazardous
— Disposal site information, 14:18226
-Construction and demolition debris processing
facilities, 14: 1 7383.5-14: 1 7383.6
— Pre-existing permits, 14:17385
-Contaminated soil operations and facilities,
14:17363
— Reporting requirements
Disposal site information, 14:18224
-Definitions, 14:18011, 14:18200.1
— Regulatory tier requirements, 14:18101
-Denials, 14:18209
-File maintenance, 14:18020
-Inert debris processing facilities,
14:17383.5-14:17383.6
— Pre-existing permits, 14:17385
—Type A and Type B facilities, 14:17383.8
-Issuance, 14:18208
-Mailing and delivery of documents, 14:18012
-Purpose of rules, 14:18010
-Registration permit, 14:18104-14:18104.9
— Construction and demolition debris processing
facilities, 14:17383.5
Pre-existing permits, 14:17385
— Inert debris processing facilities, 14:17383.5
Pre-existing permits, 14:17385
-Regulatory tier requirements,
14:18100-14:18105.11
—Definitions, 14:18101
SOLID \NASlE-c-onlinued
Pe rmi [s-coii tinned
-Regulatory tier requ'iremants-coniinued
— Exemptions. 14:18102
— Filing requirements, 14:18103.1
--Notices and orders. 14:18103,
14:18104.5-14:18104.7,
14:18105.7-14:18105.8
--Recordkeeping requirements, 14:18103.2
Registration permit, 14:18104.3
Standardized permit, 14:18105.3
— Registration permit, 14:18104-14:18104.9
Appeals, 14:18104.4
Filing requirements, 14:18103.1, 14:18104.1
Processing, 14:18104.2
Recordkeeping requirements, 14:18104.3
Reviews, 14:18104.7
Revocation, 14:18104.8
Suspension, 14:18104.8
Voidance, 14:18104.9
— Scope of regulations, 14:18100
— Standardized permit, 14:18105-14:18105.11
Appeals, 14:18105.4, 14:18105.6
Filing requirements, 14:18105.1
Processing, 14:18105.2, 14:18105.5
Recordkeeping requirements, 14:18105.3
Reviews, 14:18105.9
Revocation, 14:18105.10
Suspension, 14:18105.10
Voidance, 14:18105.11
-Reporting requirements
— Disposal site inforination
Ash, nonhazardous, 14:18226
Composting sites, 14:18227
Contaminated soil facilities, 14:18224
— Facility plans, 14:18221.5
— Regulatory tier requirements,
14:18103-14:18103.3
Registration permit, 14:18104.3
Standardized permit, 14:18105.3
-Revisions, applications, 14:18211
-Standardized permit, 14:18105-14:18105.11
-Termination of operations, 14:18103.3
Recordkeeping requirements
-Permits
— Regulatory tier requirements, 14:18103.2
Registration permit, 14:18104.3
Standardized permit, 14:18105.3
-Tires
— Monofill facilities, 14:17346.4
-Tire storage and disposal facilities
— Certification of records, 14:18448
— Closure, financial assurance, 14:18481
— Retention, 14:18447
-Transfer/processing operations and facilities,
14:17414-14:17414.1
Removal and collection
-Applicability, 14:17301
-Conformance with management plan, 14:17302
-Equipment
— Construction, 14:17341
— Inspections, 14:17345
— Operator identification, 14:17344
—Parking, 14:17343
—Safety, 14:17342
-Frequency of removal, 14:17331
-Operators
— Qualifications, 14:17333
— Regulation, 14:17332
-Ownership of waste materials, 14:17334
Reporting requirements
-Construction and demolition debris facilities,
14:18223.5
-Inert debris facilities, 14:18223.5
-Local enforcement agency (LEA) grants,
14:18093.0
-Temporary waiver of permit terms
--Enforcement agencies, 14:1721 1.7
— Facility operators, 14:17211.6
-Tire storage and disposal facilities
— Financial assurance for closure, 14:18481
— Financial responsibility for liability claims,
14:18498
— Monofill facilities, 14:17346.4
SOLID V\lfKSTE-conriinied
Reporting requijements-(:YW///7w^c/
-Transfer/processing reports, 14:17403.9.
14:18221.6
-Wood debris chipping and grinding facilities,
14:18223.5
-Written complaints of alleged violations,
14:18302
Self-insurance
See Financial responsibility, this heading
Soil, contaminated, 14:17360-14:17366
See also Contaminated soil operations and facili-
ties, this heading
Source reduction and recycling elements
See INTEGRATED WASTE MANAGEMENT
PLANS
Special waste grants
-Applicability, 14:18504
-Applications, 14:18506
-Definitions, 14:18502
-Discretionary grants, 14:18530-14:18536.1
— Agreements, 14:18536
—Amounts, 14:18532
— Applications
Contents, 14:18533
Period, 14:18531
Reviews, 14:18534
—Eligibility, 14:18530
—Payments, 14:18535
— Recipient selection, 14:18534.1
— Terms and conditions, 14:18536.1
-Eligibility, 14:18505
-Purpose of rules, 14:18500
Storage, 14:17311-14:17317
-Applicability, 14:17301
-Collection operator responsibilities, 14:17314
-Conformance with management plan, 14:17302
-Facility design, 14:17313
-Garbage containers, 14:17315
— Identification, 14:17316
—Use, 14:17317
-Responsibility, 14:17311
SWM designation, 14:17205
Temporary waiver of permit terms,
14:17211-14:17211.9
Tires
-Adininistrative penalty schedule, 14:18464
-Applicability of rules, 14:18451
-Civil penalties, 14:18463-14:18466
-Definitions, 14:17225.710-14:17225.820
— Waste tire hauler, 14:18450
-Electronic data transfer of reports, 14:18459.1.2,
14:18459.2.1
-Hauler registration
— Alternate vehicles, temporary registration,
14:18456.4
—Applicability, 14:18451
—Applications for, 14:18456-14:18456.3
Change in information provided, 14:18456.3
Review by CIWMB, 14:18456.2
Surety bond, 14:18456.1, 14:18831 Appx. A
Vehicles, 14:18456.3
—Changes, 14:18456.3
—Civil penalties, 14:18463-14:18466
Amounts, 14:18464
Assessment criteria, 14:18465
Procedure, 14:18466
Violations, 14:18463
— Compliance requirements, 14:18451
—Definitions, 14:18450
—Denial, 14:18457
— Exempfions, 14:18453-14:18453.2
—Forms, 14:18831 Appx. A
— Hearing on denial, suspension or revocation,
14:18458
— Initial registration, 14:18454
— Renewal requirements, 14:18455
— Revocation, 14:18457
— Scope of rules, 14:18449
—Surety bond, 14:18456.1, 14:18831 Appx. A
— Suspension, 14:18457
— Temporary registration for alternate vehicles,
14:18456.4
—Violations, 14:18463
62 SOLID WASTE
CALIFORNIA CODE OF REGULATIONS
SOLID \NASJE-con tinned
Twts-coniimied
-Manifest system, 14:18459
— Agricultural uses exemption, 14:18460.1
— Common earner exemption, 14:18460.1.1
— Dealers/generators, requirements, 14:18462
—Definitions, 14:18450
— Destination sites, requirements. 14:18461
— Electronic data transfer, 14:18459.1.2,
14:18459.2.1
— End-use facilities, requirements, 14:18461
—Forms, 14:18459, 14:18831 Appx. A
— Haulers, requirements, 14:18460.2
— Maintenance of forms, 14:18459.3
— Retreaders, requirements, 14:18460.2.1
—Scope of rules, 14:18449
—Submittal of forms to Board, 14:18459.2.1
— Tire program identification number, 14:18459.1
—Web-based data entry, 14:18459.1.2
-Monofills. 14:17346-14:17349
— Applicability of state standards, 14:17346.3
—Authority, 14:17346
— Closure and postclosure maintenance,
14:17347-14:17348
— Corrective actions, 14:17348
—Definitions, 14:17346.1
— Design and construction, 14:17346.6
— Financial assurances, 14:17349
—Records, 14:17346.4
— Regulatory tier, 14:17346.2
—Reports, 14:17346.5
—Scope, 14:17346
—Siting, 14:17346.7
-Retreaders
—Definition, 14:18450
—Manifests, 14:18460.2.1
—Self-certification, 14:18456.2.1
Form, 14:18831 Appx. A
—Trip log, 14:18831 Appx. A
Maintenance of, 14:18459.3
Submission to Board, 14:18459.2.1
-Storage and disposal facilities, 14:17350-14:17356
— Access road, 14:17352
— Applicability of regulations, 14:17350
— Bankruptcy of operator or financial assurance
provider, 14:18480
—Closure, 14:18440-14:18441
Forms, 14:18831 Appx. A
— Disposal at solid waste facilities, 14:17355
— Emergency response plan, 14:18433, 14:18831
Appx. A
— Environmental information, 14:18831 Appx. A
— Environmental liability agreement, 14:18831
Appx. A
— Financial assurance for closure
Alternative mechanisms, 14:18478.5
Applicability of regulations, 14:18470
Bankruptcy of operator or provider of,
14:18480
Bonds, surety, 14:18475, 14:18831 Appx. A
Cost estimate adjustments, 14:18472
Definitions, 14:18471
Enterprise fund, 14:18478
Forms, 14:18831 Appx. A
Government securities, 14:18477
Letter of credit, 14:18476, 14:18831 Appx. A
Recordkeeping requirements, 14:18481
Release from requirements after closure,
14:18482
Reports, 14:18481
Substitution, 14:18479
Trust funds, 14:18474, 14:18831 Appx. A
—Types, 14:18473
— ^Financial assurance for violations,
14:18499.1-14:18499.9
—Appeals, 14:18499.8
Applicability, 14:18499.1
Cleanup and abatement order, 14:18499.4
Compliance options, 14:18499.5
Continued or recurring violations, 14:18499.9
Definitions, 14:18499.2
Notice of violation, 14:18499.3
Penalties, 14:18499.6-14:18499.7
—Scope, 14:18499.1
SOLID \^f<SlE-connmied
Tires-continued
-Storage and disposal faciWues-continued
— Financial responsibility for liability claims,
14:18485-14:18499
Alternative mechanisms, 14:18494.5
Amount of coverage, 14:18487
Apphcability of regularions, 14:18485
Bankruptcy of operator or provider, 14:18497
Cancellation or nonrenewal by provider,
14:18496
Corporate guarantees, 14:18494, 14:18831
Appx. A
Definitions, 14:18486
Financial means test, 14:18493, 14:18831
Appx. A
Forms, 14:18831 Appx. A
Government securities, 14:18490
Insurance, 14:18491, 14:18831 Appx. A
Recordkeeping and reporting, 14:18498
Release from responsibility, 14:18499
-—Reports, 14:18498
Self-insurance and risk management, 14:18492,
14:18831 Appx. A
Substitutions, 14:18495
Trust funds, 14:18489, 14:18831 Appx. A
Types of coverage, 14:18488
— Fire prevention, 14:17351
—Forms, 14:18831 Appx. A
— Indoor storage, 14:17356
— Insect control, 14:17353
— Inspections, 14:18443
—Operation plan, 14:18432, 14:18831 Appx. A
—Permits, 14:18420-14:18499
Amendment of application, 14:18424
Apphcability of regulations, 14:18420
Applications, 14:18423, 14:18831 Appx. A
Contents of applications, 14:18431
Issuance, 14:18425
Penalty schedule, 14:18429
Renewal, 14:18426
Revisions, 14:18427
— Recordkeeping requirements, 14:18447,
14:18448
Financial assurance for closure, 14:18481
Financial responsibility for liability claims,
14:18498
— Reduction/elimination plan, 14:18434
— Security measures, 14:17352
— Storage of tires, 14:17354
— Storage of tires at solid waste facilities,
14:17355
— Vector control, 14:17353
-Trip logs
—Form, 14:18831 Appx. A
— Maintenance, 14:18459.3
—Submission, 14:18459.2.1
-Web-based data entry of reports, 14:18459.1.2
Transfer/processing operations and facilities
-Animal control, 14:17410.4
-Applicability of rules
— Minimum standards, 14:17405.0
-Authority of rules, 14:17400
-Burning wastes, 14:17407.1
-Cleaning, 14:17407.2
-Communications equipment, 14:17415.1
-Definitions, 14:17402
— Exempt activities, 14:17402.5
-Design requirements, 14:17406.2
-Direct transfer facilities, 14:17403.4
—Facility plans, 14:18221.5
-Drainage control, 14:17407.3
-Dust control, 14:17407.4
-Emergency operations, 14:17403.5
-Enforcement agency documentation, 14:17414.1
-Equipment, 14:17416.3
-Excluded operations, 14:17403.1
-Exempt activities, 14:17402.5
-Fire fighting equipment, 14:17415.2
-Flies, 14:17410.4
-Hazardous wastes, 14:17407.5
-Health and safety, 14:17408.7
-Housekeeping, 14:17416.1
-Landfills, siting on, 14:17406.1
SOLID \NASTE-continued
Transfer/processing operations and facili-
ties-continued
-Laige volume facilities. 14:17403.7
— Transfer/processing report, 14:18221.6
-Lighring, 14:17416.2
-Limited volume transfer operations, 14:17403.3
-Liquid wastes, 14:17407.5
-Litter control, 14:17408.1
-Loadchecking, 14:17409.5
-Maintenance program, 14:17408.6
-Medical wastes, 14:17408.2
-Medium volume facilities, 14:17403.6
—Facility plan. 14:17403.8
— Facility plans, 14:18221.5
-Noise control, 14:17408.3
-Non-salvageable items. 14:17408.4
-Nuisance control, 14:17408.5
-Parking, 14:17409.6
-Protection of users, 14:17408.8
-Recordkeeping requirements,
14:17414-14:17414.1
-Regulatory tiers, 14:17403.0
-Removal of solid waste, 14:17410.1
-Reports, 14:17403.9
-Roads, 14:17409.1
-Rodents, 14:17410.4
-Salvaging, 14:17409.3
-Sanitary facilities, 14:17409.2
-Scavenging, 14:17409.3
-Scope of rules, 14:17400
-Sealed containers, 14:17403.2
-Signs, 14:17409.4
-Site attendant, 14:17418.2
-Site security, 14:17418.1
-Supervision, 14:17410.2
-Traffic control, 14:17418.3
-Training, 14:17410.3
-Vectors, 14:17410.4
-Visual screening, 14:17419.1
-Water supply, 14:17419.2
Transfer/processing stations
-Ash, nonhazardous, 14:17375-14:17379.1
-Contaminated soil, 14:17362.2
—Definitions, 14:17361
— Excluded operations, 14:17362.1
— Recordkeeping requirements, 14:17365
— Regulatory tiers, 14:17362.0
-Small volume stations, definition, 14:17225.68
Trust funds
See Financial responsibility, this heading
Violations
-Inventory of facilities, 14:18360-14:18368
-Local enforcement agencies, powers and duties,
14:18084
-Written complaints, 14:18302
Waiver of standards
See Minimum standards, this heading
Waivers
-Emergency waiver of standards,
14:17210-14:17210.9
—Applicability, 14:17210
— Authority of enforcement agency, 14:17210.8
—Definitions, 14:17210.1
— Executive Director, powers and duties,
14:17210.9
— Granring, 14:17210.4
— Limitations, 14:17210.2
—Purpose, 14:17210.2
— Reporting requirements
Enforcement agency, 14:17210.6
Operator, 14:17210.5
—Requests for, 14:17210.3
— Scope, 14:17210
— Selection of facility for emergency disposal,
14:17210.7
-Temporary waiver of permit terms,
14:17211-14:17211.9
— Apphcability, 14:17211
—Definitions, 14:17211.1
— Enforcement agencies
Approval, cancellation or revocation of stipu-
lated agreements, 14:17211.8
Reporting requirements, 14:17211.7
TITLE 14 INDEX
STATUTE OF LIMITATIONS 63
SOLID VJASTE-cnniiniied
Wai vcrs-conliinied
-Temporary waiver of perinil terms-continued
— Operator reporting requirements, 14:1721 1.6
—Scope of" rules, 14:17211
— Stipulated agreements
Authority of enforcement agencies, 14:17211.8
Board review, 14:17211.9
Contents, 14:17211.5
Issuance. 14:17211.4
Limitations, 14:17211.2
Purpose, 14:17211.2
Requests for, 14:17211..!
Wood debris chipping and grinding operations
-Authority, 14:17380
-Cleanup plan, CIWiVlB Form 643, 14:18831
Appx. A
-Definitions, 14:17381
-Excluded activities, 14:17382
-Facility reports, 14:18223.5
-Final site cleanup, 14:17384.1
-Mulch production and storage, 14:17383.3
-Multiple streams, 14:17383.1
-Operation plans, 14:17386
-Operations and facilities, 14:17383.3
-Permit and notification requirements, 14:17383.2
-Purpose, 14:17380.1
-Regulatory tiers, 14:17381.2
-Scope, 14:17380
-Slate minimum standards, 14:17383
-Storage time limit alternatives, 14:17384
Z'Berg-Kapiloff Solid Waste Control Act
See Z'SERG-KAPfLOFF SOLID WASTE CON-
TROL ACT
SOLID WASTE MANAGEMENT BOARD, STATE
Planning and implementation authority, 14:17032
Resolution of regional issues, 14:17032
SONNY BONO SALTON SEA NATIONAL WILD-
LIFE REFUGE
Hunting provisions, 14:551, 14:552
SONOMA COAST STATE MARINE CONSERVA-
TION AREA, 14:632
SOUPFIN SHARK
Bag and possession provisions, 14:28.51
SOURCE REDUCTION
See INTEGRATED WASTE MANAGEMENT
PLANS; RECYCLING
SOUTH CENTRAL DISTRICT
Bait fish use restrictions, 14:4.20
Geographic definition, 14:6.33
SOUTHERN DISTRICT
Bait fish use restrictions, 14:4.10
Geographic definition, 14:6.34
SOUTHERN FOREST DISTRICT
Aicheological and historical sites, 14:969-14:969.7
Cable yarding, 14:954.3
Clearing exceptions, 14:953.8
Cumulative impacts assessment, 14:952.9
Definitions, 14:895.1, 14:952
Disposal of refuse and debris, 14:954.5
Erosion control
-Alternative practices, 14:954.9
-Purpose of rules, 14:954
-Soil erosion hazard rating
— Estimation procedure, 14:952.5
-Waterbreaks, 14:954.6
Felling practices, 14:954.1
Fire protection
-Blasting and welding, 14:958.7
-Burning permit requirements, 14:958
-Cable block requirements, 14:958.10
-Cooking and warming fires, 14:958.5
-Inspection for fire after felling cessation, 14:958.8
-Passable roads, 14:958.3
-Posting safety procedures, 14:958.6
-Smoking and match restrictions, 14:958.4
-Suppression resource inventory, 14:958.1
Geographic boundaries, 14:909
Hazard reduction
-Performance-based, 14:957.11
-Purpose of rules, 14:957
SOUTHERN FOREST DISTRICT^ o/;7//7Me^
Hazard reducuon-cuntinued
-Residual tree protection, 14:957.7
-Slash control
— Broadcast burning, 14.957.3
— Burning notification. 14:957.6
—Pile burning, 14:957.5
—Treatment, 1 4:957.2, 1 4:957. 1 1 - 1 4:957. 1 2
High Use Subdistrict
-Geographic boundaries, 14:909.1
-Slash treatment, 14:957.4
-Stocking
— Special harvesting methods. 14:953.5, 14:953.12
Insect and disease control
-Prevention, 14:957.9
-Reporting requirements, 14:957.10
Maximum sustained production of high quality tim-
ber products (MSP), 14:953.10, 14:953.11
Monterey County rules
-Applicability, 14:965
-Erosion control, 14:965.9
-Hauling
— Nearest public road, 14:965.2
— Road provisions, 14:965.4
—Routes, 14:965.1
-Performance bonding, 14:965.8
-Public water agency representative, 14:965.7
-Roads
— Protection from logging operations, 14:965.3
-Timber harvesting plans
—Big Sur Coast, 14:965.6
— Description, 14:965.10
-Winter period defined, 14:965.5
Purpose of rules, 14:951
Relogging provisions, 14:953,9
Revegetation
-Even-aged stand management. 14:953.1
Riparian vegetation protection, 14:953.7
Sensitive species classification
-Wildlife habitat protection, 14:959.12
Sensitive watersheds
See Watercourse and lake protection, this heading
Site preparation, 14:954.4
-Heavy equipment use, 14:955.1
-Natural resources protection, 14:955.3
-Purpose of rules, 14:955
-Timber harvesting plan addendum, 14:955.4
-Vegetation treatment, 14:955.2
Snag retention
-Wildlife habitat protection, 14:959.1
Stocking
-Alternative prescriptions, 14:953.6
-Intermediate treatments, 14:953.3
-Minimum standards, 14:952.7
-Silvicultural systems, 14:953
-Special harvesting methods, 14:953.4
-Uneven-aged stand management, 14:953.2
Timber harvesting plans
See LOGGING AND SAWMILLS
Tractor operations, 14:954.2
Tractor road water crossings, 14:954.8
Watercourse and lake protection,
14:956.1-14:956.12
-Alternative measures, 14:956.6
-Beneficial uses of water, 14:956.2
-Domestic water supply, 14:956.10
-Erosion control, 14:956.7
-Evaluation of mitigations and practices, 14:956.1 1
-Federal Clean Water Act listed watersheds,
14:956.12
-General limitations, 14:956.3
-In fieu practices, 14:956.1
-Protection zone width determination, 14:956.5
-Purpose of rules, 14:956
-Requirements, 14:956.4
-Sensitive watersheds, 14:956.8
-Threatened or impaired values of watersheds,
14:956.9, 14:963.9
Wildlife habitat protection, 14:959-14:959.16
-Applicability of regulations, 14:959
-Nest sites
— Alternatives, 14:959.5
— Sensitive species, 14:959.2
— Specific requirements, 14:959.3
SOUTHERN FOREST D\STB\CT-€onlinued
Wildlife habitat protection-(it»«///u/er/
-Sensitive species classification, 14:959.12
-Snag retention, 14:959.1
Winter restrictions, 14:954.7
SOUTH FORK WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SOUTH LAGUNA BEACH STATE MARINE
PARK, 14:632
SOUTH POINT STATE MARINE RESERVE,
14:632
SOUTH SPIT WILDLIFE AREA
Pubfic use activities, 14:550
SPANISH LANGUAGE
Electronic waste recycling
-Consumer information, 14:18660.42
SPANNUS GULCH WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SPECIMEN COLLECTING
Fish and game
See FISH AND GAME, subheading: Field col-
lecting
SPECKLEBELLY GEESE
Hunting provisions, 14:502
SPENCEVILLE WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SPILLS, OIL
See OIL SPILL PREVENTION AND
RESPONSE
SPILLS OF HAZARDOUS SUBSTANCES
Picking up disabled wildlife, prohibition, 14:679
SPINY DOGFISH
Bag and possession provisions, 14:28.51
SPOTTED OWLS
See OWLS, NORTHERN SPOTTED
SPRINGVILLE ECOLOGICAL RESERVE, 14:630
SQUID
Bag and possession provisions, 14:29.70
Commercial fishing operations, 14:149
-Experimental vessel permits, 14:149.3
-Restricted access, 14:149.1
Market squid
-Fishery management plans, 14:53.00-14:53.03
-Vessel logbook, 14:245 Appx. A
SQUIRRELS
See also generally RODENTS
Hunting provisions
-Gray squirrels, permits, 14:401
-Tree squirrels, 14:307
STARRY FLOUNDER
Bag and possession provisions, 14:28.49
STATE FAIR
See PARKS AND RECREATION, subheading:
Exposition and State Fair
STATE FORESTS
See FORESTRY
STATE-OWNED LANDS
Firearms, archery, and hunting permit require-
ments, 14:551
Public use activities, 14:550
Wildlife areas
See WILDLIFE AREAS
STATE PARKS
See generally PARKS AND RECREATION
STATE RAILROAD MUSEUM
Parks and recreation, 14:4613
STATUTE OF LIMITATIONS
Environmental Quality Act, 14:15112
64
STEELHEAD TROUT
CALIFORNIA CODE OF REGULATIONS
STEELHEAD TROUT
See TROUT, STEELHEAD
STOCKTON-LODI REGION
Construction aggregate resources, 14:3550.14
STONE CORRAL ECOLOGICAL RESERVE,
14:630
STONE LAKES NATIONAL WILDLIFE REFUGE
Hunting, firearms, and archery equipment use,
14:551
STORAGE
Ash, nonhazardous, waste containers, 14:17378.2
STREAMS
See RIVERS AND STREAMS
STURGEON
Bag and possession, 14:5.80, 14:5.81, 14:27.90
-Closures, 14:27.95
Importation and commercial fishing operations,
14:135
Transport, possession, and sale for aquacultural
purposes, 14:240
SUBSIDENCE
Geothermal operations
-Oil, Gas, and Geothermal Resources Division
responsibility, 14:1970
Imperial Valley rules, 14:1971
SUISUN
Oil spills, harbor safety committees, 14:800-14:802
SUISUN BAY
Closure to recreational boating,
14:6698.1-14:6698.2
SUISUN MARSH
See also generally SAN FRANCISCO BAY AND
BAY AREA
Local protection program
-Agency requirements, 14:11200
-Amendments
—Certification of, 14:11990
— Frequency, 14:11215
— Minor amendments
Definition, 14:11213
Designation, 14:11214
— Processing, 14:11212
—Submittal, 14:11210, 14:11211
-Certification
—Notice, 14:11208
— Resolution, 14:11206
-County endorsement, 14:11201, 14:11202
-Hearings, 14:11204
-Non-certification resolution, 14:11207
-Staff recommendation, 1 4: 1 1 205
-Staff summaiy, 14: 1 1203
Protection plan
-Amendments
— Application form, 14:11007 Appx. G
— Approval, 14:11006
— Determination to consider, 14:11002
—Fees, 14:11008
—Hearings, 14:11004
— Notice of adoption, 14:11007
— Staff planning recommendation, 14:11005
— Staff planning report, 14:11003
-Permit exemptions, 14:11721 Appx. C
SUMPS
Oil and gas operations
-Environmental protection, 14:1770
-Hazards to wildlife, 14:740
SUNFISH
Bag and possession provisions, 14:5.82
Definition, 14:1.77
SURETY BONDS
See BONDS, SECURITY
SURFACE MINING
See MINES AND MINING
SURFACE MINING AND RECLAMATION ACT
Appeals of orders, 14:3940-14:3948
SURF GRASS
Cutting or disturbing prohibitions, 14:30.10
SURFPERCH
Bag and possession provisions, 14:28.59
ComjTiercial fishing operations, 14:112
SURFPERCH, SHINER
Baited trap restrictions, 14:28.75
SURPRISE VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
PubUc use activities, 14:550
SURVEYORS AND SURVEYING
See LAND SURVEYORS
SUSAN RIVER
Youth derby, Lassen County, 14:8.10
SUTTER BYPASS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
SUTTER NATIONAL WILDLIFE REFUGE
Hunting provisions, 14:551, 14:552, 14:625
SWIMMING
Parks and recreation areas
-Boat use in designated areas prohibited, 14:4651
-Diving, 14:4656
-False drowning alarm prohibited, 14:4653
-Floating devices in open areas prohibited, 14:4652
-Prohibited area designations, 14:4650
-Surf-riding, 14:4654^
SWINE
Wild
See PIGS, WILD; WILD ANIMALS
SWORDFISH
Coimiiercial fishing operations
-Gill nets, possession prohibited, 14:107.1
-Harpoon log, form, 14:245 Appx. A
-Log, 14:245 Appx. A
-Permits to use drift gill nets, 14:106
-Weight conversion factors for computing landing
tax, 14:187
SWORDFISH, BROADBILL
Bag and possession provisions, 14:28.40
Conrmiercial fishing operations, 14:107
SYCAMORE CANYON ECOLOGICAL
RESERVE, 14:630
SYCUAN PEAK ECOLOGICAL RESERVE,
14:630
TABLE BLOUGH ECOLOGICAL RESERVE,
14:630
TAHOE CONSERVANCY
Conflict of interest, 14:12120
-Employee designations, 14:12120 Appx.
Definitions, Executive Officer, 14:12052
Environmental Quality Act
-Exemptions, 14:12102
— Easements, 14:12102.17
— Existing facilities, 14:12102.1
— Information collection, 14:12102.6
— Inspections, 14:12102.9
— Land alterations, 14:12102.4
—Land use, 14:12102.5
— New construction, 14:12102.3
— Open space preservation, 14:12102.25
— Recreational areas, 14:12102.16
— Replacement or reconstruction, 14:12102.2
— Wildlife conservation, 14:12102.13
-Purpose and authority. 14:12100
-State guidelines incorporation, 14:12101
Meetings
-Consent calendar, 14:12063
-Notification, 14:12060
Service on the Agency, 14:12080
TANKERS
See OIL AND GAS, subheading: Tank vessels
TANNER CRAB
Commercial fishing operations, 14:126
-Weight conversion factors for computing landing
Tax. 14:187
TAXATION
Commercial fishing operations
-Weight conversion factors, 14:187
TAXIDERMISTS
Fish and game provisions, 14:695
TAXOL
Pharmaceutical research, 14:912.10
TEHAMA COUNTY
Hazardous fire areas
-Collins Almanor Forest-Diamond International,
14:1203.2
-Diamond International Area No. 1, 14:1203
-Diamond International Area No. 2, 14:1203.1
-Viola, 14:1203.9
TEHAMA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
TELEVISION
Recycling of electronic waste,
14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
TEMESCAL VALLEY
Construction aggregate resources, 14:3550.4
TESTING
Foresters, 14:1640-14:1647
Geothermal wells, 14:1954
Oil and gas operations
-Idle wells, 14:1723.9
-Safety and pollution control equipment
—Offshore wells, 14:1747.10
— Onshore wells, 14:1724.4
-Well pressure, 14:1744.4
Oil spill cleanup agents, 14:885.5
Small engines, fire ignition suppression, 14:1241.1,
14:1242
Tugboats, San Diego Harbor, 14:852.3
Yacht and ship brokers, 14:7607
THEILLER SEBASTOPOL MEADOWFOAM
ECOLOGICAL RESERVE, 14:630
THOMES CREEK ECOLOGICAL RESERVE,
14:630
THORNYHEADS
Bag and possession provisions, 14:28.57
THREATENED SPECIES
Animals
-Importation, transportation, and possession,
14:671
— Humane care and treatment, 14:671.2
—Permits, 14:671.1
— Transport of animals for exhibition, 14:671.4
-List, 14:670.5
-Permits to take for scientific purposes, 14:670.7
Birds, 14:670.5
Definitions
-Take incidental to agricultural activities, 14:786.1
Fish
-Coho salmon, during candidacy period, 14:749.1
-List, 14:670.5
Forest improvement protection program, 14:1545
Importing and exporting, prohibitions, 14:783.1
Incidental take, 14:783.0-14:786.8
-Agricultural activities, 14:786.0-14:786.8
— Construction with other statutes, 14:786.8
— Definitions, 14:786.1
— Purpose of regulations, 14:786.0
— Reports to legislature, 14:786.7
— Take authorization, 14:786.6
— Voluntary local programs, 14:786.2-14:786.5
-CEQA compliance, 14:783.3, 14:783.5
-Coho salmon, during candidacy period, 14:749.1
TITLE 14 INDEX
TUGBOATS
65
THREATENED SPECIES-coz/Y/V/Hca'
Incidental lake-continued
-Permits
—Alteration, 14:783.6
— Amendment, 14:783.6
—Appeals. 14:783.8
—Applications, 14:783.2-14:783.5
— Approval/denial of application, 14:783.5
— Assignment or transfer, 14:783.6
—Display of, 14:783.6
— Initial review, 14:783.4
—Issuance, 14:783.4-14:783.5
—Process. 14:783.5
—Public notice, 14:783.5
— Reconsideration of denial, suspension, or revoca-
tion, 14:783.8
—Renewal, 14:783.6
—Review of application, 14:783.3-14:783.5
—Surrender, 14:783.6
— Suspension and revocation, 14:783.7
— Terms and conditions, 14:783.4
-Purpose of regulations, 14:783.0
-Scope of regulations, 14:783.0
Listing procedure, 14:670.1
Plants, list. 14:670.2
Prohibitions, 14:783.1
THRESHER SHARK
Bag and possession limits, 14:28.42
TILAPIA
Bag and possession provisions, 14:5.82
Use as live bait in ocean waters prohibited,
14:27.10
TIMBER AND TIMBERLANDS
Birds, endangered species in timber areas
See BIRDS
Logging
See LOGGING AND SAWMILLS
Nonindustrial timber management plan
-Abbreviation, 14:1090
-Agency review, 14:1090.17
-Amendments, 14:1090.24
-Cancellation of plans, 14:1090.27
-Change of ownership, 14:1090.26
-Conformance, 14:1090.21
-Contents, 14:1090.5
-Deviations, 14:1090.14
-Director
—Determination, 14:1090.18
—Filing, 14:1090.16
-Filing, 14:1090.1
-Harvesting
—Deviations, 14:1090.14
— Notice of preparation, 14:1090.2
Distribution, 14:1090.3
Posting, 14:1090.3
— Plan submission, 14:1090.2
-Licensed timber operators
— Interaction with registered professional forester,
14:1090.11
— Responsibilities, 14:1090.12
-Minor deviations, 14:1090.25
-Nonconformance, 14:1090.20
-Notice of commencement, 14:1090.13
-Notice of conformance, 14:1090.22
-Notice of preparation, 14:1090.2
—Distribution, 14:1090.3
—Posting, 14:1090.3
-Notice of timber operations
— Commencement, 14:1090.13
—Content, 14:1090.6, 14:1090.7
—Filing, 14:1090.1
— Licensed timber operator interaction, 14:1090.11
— Registered professional forester, 14:1090.11
—Submission, 14:1090.4
-Plan submission, 14:1090.2
-Professional judgment, 14:1090.8
-Public inspection, 14:1090.23
-Public review, 14:1090.17
-Registered professional forester
— Interaction with licensed timber operator,
14:1090.11
—Responsibilities, 14:1090.10
-Review teams, 14:1090.19
TIMBER AND TMBERLANDS-continued
Nonindustrial timber management p\ixn-conlinued
-Rule application. 14:1090
-Submission, 14:1090.4
-Submitter, 14:1090.9
— Responsibility, 14:1090.9
Program timber harvestins plans,
"14:1092-14:1092.32
See also LOGGING AND SAWMILLS
Road management plans, 14:1093-14:1093.6
Sales
See LOGGING AND SAWMILLS, subheading:
Timber sales
Sawmills
See LOGGING AND SAWMILLS
Sustained yield plan, 14:1091.1-14:1091.14
-Amendments, 14:1091.13
-Appeals, 14:1091.11
-Applicability and intent of rules, 14:1091.1
-Approval procedures, 14:1091.10
—Appeals, 14:1091.11
-Compliance, 14:1091.8
-Contents, 14:1091.4
-Definitions, 14:1091.3
-Deviations, 14:1091.13
— Emergencies, 14:1091.13
-Effective period, 14:1091.9
-Emergencies, 14:1091.12
-Evaluation procedmes, 14:1091.8
-Fish and wildlife assessment, 14:1091.5
-Production assessment, 14:1091.45
-Reporting requirements
— Limitations, 14:1091.7
— Progress evaluations, 14:1091.8
-Submittal
— Timber harvesting plans, in conjunction with,
14:1091.14
-Timber harvesting plans, relation to, 14:1091.2
—Submittal, 14:1091.14
-Watershed assessment, 14:1091.6
Timber harvesting plans
See LOGGING AND SAWMILLS
Timberland production zones
See LOGGING AND SAWMILLS
TIN CANS OR CONTAINERS
Defined as rubbish, 14:17225.59
TIRES
Waste disposal
See SOLID WASTE
TOADS
Bag and possession provisions, 14:5.05
TOILET FACILITIES
Boating, grants for floating rest rooms,
14:5160-14:5163
TOMALES BAY ECOLOGICAL RESERVE,
14:630
TOMALES BAY STATE MARINE CONSERVA-
TION AREA, 14:632
TORREY PINES STATE RESERVE
Recreation provisions, 14:4601
TORTOISES, DESERT
Permits to possess, 14:674
TOXICS
See HAZARDOUS SUBSTANCES; HAZARD-
OUS WASTES
TRACTOR OPERATIONS
Logging and sawmills
See LOGGING AND SAWMILLS
TRADE SECRETS
Electronic waste recycling and recovery, protection,
14:18660.43
Environmental impact reports, disclosure, 14:15120
Plastic bag recycling program, submission of infor-
mation, 14:17987.5
TRAFFIC CONTROL
Solid waste facilities, 14:17418.3
TRAINING
Composting operations and facilities, 14:17867.5
TRAINING-co/;//«H^^
Environmental Quality Act exemptions, 14:15322
Foresters, licensing, 14:1621-14:1622.2
Hunter safety, 14:710
Integrated waste management plans, 14:18740
-Household hazardous waste elements, 14:18751.7
Solid waste transfer/processing operations and
facilities, 14:17410.3
Timber operators, licensing requirements,
14:1024.1
Tugboats
-Los Angeles/Long Beach Haibor, 14:851.23
-San Francisco Bay Region, 14:851.8
Waste disposal reporting requirements
-Agencies, 14:18812.3
-Districts, 14:18814.3
-Haulers, 14:18808.3
-Jurisdictions, 14:18813.3
-Landfills, 14:18810.3
-Stations, 14:18809.3
-Transformation facilities, 14:18811.3
TRANSPORTATION
See also MOTOR VEHICLES
Congestion management programs. Environmental
Quality Act exemptions, 14:15276
Improvement programs. Environmental Quality Act
exemptions, 14:15276
TRAPPING
Bobcats, 14:478
Commercial fishing operations
-Buoy identification, 14:180.5
-Coonstripe shrimp, 14:180.15
-Permit requirements, 14:180
-Prawns, restricted access trap fishery, 14:180.3
-Shrimp/prawn trawl log, form, 14:245 Appx. A
-Spot prawns, 14:180.1
-Trap destruction devices, 14:180.2
Furbearing mammals, 14:465
-Geographical prohibitions, 14:465.5
-Provisions, 14:465.5
-Reporting requirements, 14:467
Parks and recreation areas, 14:4313
State forests, areas closed, 14:1435
TRASH
See SOLID WASTE; WASTE DISPOSAL
TRAWLING
Coinmercial fishing operations
-Prawns or shrimp, 14:120-14:120.5
TREES
Bird nests in, protection
See BIRDS
Logging and sawmills
See LOGGING AND SAWMILLS
Trimming, maintenance, or removal
-Defined as "bulky waste," 14:17225.8
-Stumps, defined as "bulky waste," 14:17225.8
TRIPLOID GRASS CARP
Stocking permit, 14:238.6
TROUT
Definition, 14:1.86
Importation from Idaho prohibited, 14:241
Inland fishing
-Bag and possession provisions, 14:7.00, 14:7.50
-Low-flow restrictions, 14:8.00
-Open seasons, 14:7.00, 14:7.50
Ocean waters
-Bag and possession provisions, 14:27.70
TROUT STEELHEAD
Commercial fishing operations
-Importation, 14:135
Ocean fishing, prohibition, 14.27.70
Report card requirements, 14:1.74
Transport, possession, and sale for aquacultural
purposes, 14:240
TRUCKEE RIVER WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
TUGBOATS
Tank vessel escort requirements
66
TUGBOATS
CALIFORNIA CODE OF REGULATIONS
TUGBOATS-c'o/i//ni(tY/
Tank vessel escort requ'iKments-conlinued
-Definition of escort tug, 14:790
-Humboldt Bay, 14:85^80-14:851.86
-Los Angeles/Long Beach Harbor,
14:851. 2M4T851. 29
-Port Hueneme Harbor, 14:851.50-14:851.54
-San Diego Harbor, 14:852-14:852.6
-San Franci-sco Bay Region, 14:851.1-14:851.10.1
TUJUNGA WASH
Construction aggregate resources, 14:3550.1
TULARE COUNTY
Hazardous lire areas
-Eastern Tulare, 14:1204.4
State forests, areas closed to hunting, 14:1435
TUOLUMNE COUNTY
Hazardous fire areas
-Lily Gap-White Pines, 14:1204.7
TURKEYS, WILD
Hunting provisions, 14:300
-Licensed shooting clubs, 14:600
-Permits, 14:313
Release into wild, 14:671.6
TURTLEDOVES, RINGED
Hunting provisions, 14:300
-Permits, 14:313
TURTLES
Bag and possession provisions, 14:5.60
u
UNDERGROUND INJECTION WELLS
See INJECTION WELLS
UNITED STATES
Fish and wildlife service
-Incidental take permit for northern spotted owls,
14:919.9
Land and Water Conservation Fund Act,
14:4900-14:4920
Lands
See FEDERALLY OWNED LANDS
NOAA Fisheries, groundfish management areas,
14:27.20-14:27.50
UNIVERSITIES AND COLLEGES
Long range development plans
-Amendments
— Certified plans
Contents, 14:13552
Designation of minor amendment, 14:13555
Filing reviews, 14:13553
Local government resolutions, 14:13551
Minor amendment defined, 14:13554
— Prior to Commission action, 14:13536
-Commission actions
— Additional hearings, 14:13530
—Certification, 14:13540
Effective dates, 14:13547
Effects, 14:13548
— Final actions, 14:13537
—Project reviews, 14:13517, 14:13550
— Resubmittal if certification is refused, 14:13541
—Staff analysis, 14:13531
— Staff recommendations, 14:13532
Comments by local government, 14:13533
— Voting
Absentees, 14:13539
Procedures, 14:13538
— Withdrawals or postponements, 14:13535
-Definitions, 14:13502
-Environmental impact reports
— Comments and review, 14:13557
Effects, 14:13558
— Submissions, 14:13559
-Impending development notices, 14:13549
-Implementation, 14:13500
-Issue identification
UNIVERSITIES AND COLLEGES-continued
Long range development plans-continued
-Issue identification-co/z//H»er/
— Commission review, 14:13504
--Methodology, 14:13503
-Preparation
— Ahemative methodology, 14:13514
—Methodology, 14:13511
— Public access component, 14:13512
— Separate or combined plans, 14:13510
— Uses of more than local importance, 14:13513
-Public participation and agency coordination,
14:13515
-Reviews
—Hearings, 14:13522, 14:13526
— Public comment distribution, 14:13525
—Staff review, 14:13516
— Summaries, 14:13523
— Written notice, 14:13524
-Submittals
— Contents, 14:13519
— Filing reviews, 14:13520
— Resolutions, 14:13518
Restricted species research, 14:671.1
UPPER BUTTE BASIN WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
UPPER NEWPORT BAY ECOLOGICAL
RESERVE, 14:630
UPPER OTAY LAKE, SAN DIEGO COUNTY
Fishing, special methods and bag limits, 14:2.08
URBAN FORESTRY PROGRAM
See FORESTRY
USED OIL RECYCLING PROGRAMS,
14:18600-14:18659.5
Applicability of regulations
-Collection centers, 14:18650.0
-Grants, 14:18658.0
-Haulers, 14:18630
-Incentives, claiming
— Registration requirements, 14:18653.0
-Oil manufacturers, 14:18620
-Recordkeeping requirements, 14:18610
-Recycling facilities certification, 14:18640
Authority, 14:18600
Certification
-Collection centers, 14:18650.0-14:18651.9
-Recycling facilities, 14:18640-14:18643.7
Collection centers
-Advertisement in local media, 14:18651.4
-Applicability of regulations, 14:18650.0
-Applications for certification,
14:18650.2-14:18650.6
-Ceasing operations, 14:18650.61
-Certification
—Certificate, 14:18650.7
—Certification, 14:1 8650.0- 1 4: 1 865 1 .9
—Display of, 14:18651.0, 14:18651.1
— Expiration, 14:18650.8
— Transferrability, 14:18650.9
-Contaminated oil
— Determining, 14:18651.5
—Disposal, 14:18651.6-14:18651.8
— Prevention of acceptance, written procedures,
14:18651.9
-Eligibility for certification, 14:18650.1
-Incentive, calculation, 14:18651.3
-Operational procedures, 14:18651.2
-Scope of regulations, 14:18650.0
Contaminated oil, disposal, 14:18651.5-14:18651.9
Curbside collection programs
-Registration requirements for incentive claims,
14:18653.0-14:18653.6
Definitions, 14:18601
-Date of sale, 14:18623
Electric utilities
-Registration requirements for incentive claims,
14:18653.0-14:18653.6
Examination of books and records, 14:18611
-Incentives, claiming, 14:18619.2
Exemptions
USED OIL RECYCLING PROGRAMS-conlinued
Exemptions-continued
-Certificates, 14:18626, 14:18831 Appx. A
-Refund of lubricating oil payment, 14:18627
Fees for manufacturers, 14:18620-14:18625
Grants, 14:18658.0-14:18659.5
See also Local block grants, this heading
-Local government block grants,
14:18659.0-14:18659.5
Haulers, 14:18630-14:18634
-Information provided to recipient facilities,
14:18633
-Manifests, 14:18631, 14:18632
-Recordkeeping requirements, 14:18631, 14:18632
-Reporting requirements, 14:18634
-Scope and applicability of regulations, 14:18630
Incentives
-Applicability of regulations, 14:18619.1
-Calculation of incentive by collection centers,
14:18651.3
-Disclosure, 14:18619.4
-Examination of books and records, 14:18619.2
-Location of records, notice, 14:18619.3
-Multiple operations, single claim for, 14:18655.51
-Payments, 14:18619.1-14:18619.5
—Applications for, 14:18653.2-14:18653.6
—Eligibility, 14:18655.1
—Used oil eligible, 14:18655.2
-Processing of claims, time, 14:18656.0
-Quarteriy reports, 14:18655.5
-Recordkeeping requirements, 14:18655.8
-Registration requirements, 14:18653.0-14:18653.6
— Applicability of regulations, 14:18653.0
—Applications, 14:18653.2-14:18653.6
—Purpose, 14:18653.1
— Scope of regulations, 14:18653.0
-Rejection of claim, 14:18655.9
-Retention of records, 14:18619.3
-Scope of regulations, 14:18619.1
-Submission of claim, 14:18655.3-14:18655.7
-Violations, 14:18619.5
Industrial generators
-Registration requirements for incentive claims,
14:18653.0-14:18653.6
Introduction, 14:18600
List of certified facilities, 14:18643.7
Local block grants, 14:18658.0-14:18659.5
-Amount of grant, 14:18659.0
-Applicability of regulations, 14:18658.0
-Applications, 14:18658.2, 14:18658.3
— Contents, 14:18659.1
—Review of, 14:18659.2
-Eligibility of programs, 14:18658.1
-Payment of funds, 14:18659.4
-Scope of regulations, 14:18658.0
-Terms and conditions of agreement, 14:18659.3
Location of records, 14:18613
Manifests, 14:18631, 14:18632
Manufacturers, 14:18620-14:18625
-Applicability of regulations, 14:18620
-Date of sale, defined, 14:18623
-Exemption certificates, 14:18626, 14:18831 Appx.
A
-Payment of fees, 14:18624
— Notification to purchasers, 14:18625
-Recordkeeping requirements, 14:18621
-Reporting requirements, 14:18622
Recordkeeping requirements
-Applicability, 14:18610
-Entities claiming incentives, 14:18655.8
-Haulers, 14:18631, 14:18632
-Incentives, claiming, 14:18619.1-14:18619.5
-Inspections, 14:18611, 14:18619.1-14:18619.5
-Location, notice of, 14:18613
-Location of records, notice
— Entities claiming incentives, 14:18619.3
-Manufacturers, 14:18621
-Recycling facilities, 14:18641
-Retention, 14:18613
— Entities claiming incentives, 14:18619.3
Recycling facilities
-Applicability of regulations, 14:18640
-Approval process for certification, 14:18643.3
-Certification, 1 4: 1 8640-14: 1 8643 .7
TITLE 14 INDEX
WASTE MANAGEMENT 67
USED OIL RECYCLING PBOGRMJ\S-c:ontinued
Recycling facilities-t.o/vf/««e^/
-Certi(ication-t(9/?/m«e^
—Certificate, 14:18643.4
—Eligibility, 14:18643.0
— Initiation of certification process, 14:18643.2
—Time valid, 14:18643.5
— lYansferrability, 14:18643.6
-Information provided by haulers, 14:18633
-List of certified facilities, 14:18643.7
-Purpose of certification. 14:18643.1
-Recordkeeping requirements, 14:18641
-Reporting requirements, 14:18641
-Scope of regulations, 14:18640
Registration requirements for entities claiming
incentives, 14:18653.0-14:18653.6
Reporting requirements
-Date of submissions, determining. 14:18616
-Disclosure, 14: 1861 2
— Entities claiming incentives, 14:18619.4
-Due dates, 14:18615
-Entities clainung incentives
— Quarterly reports, 14:18655.5
-Haulers, 14:18634
-Manufacturers, 14:18622
-Noncompliance, rejection, 14:18614.1
-Recycling facilities, 14:18641
-Submission requirements, 14:18614
Retention of records, 14:18613
Violations, 14:18619.5
VALLEY DISTRICT
Bait fish use restrictions, 14:4.20
Geographic definition, 14:6.36
VAN DAMME STATE MARINE CONSERVATION
AREA, 14:632
VANDENBERG STATE MARINE RESERVE,
14:632
VECTOR CONTROL
See INSECTS; RODENTS
VEGETATION
See also PLANTS
Defacement prohibited
-Parks and recreation areas, 14:4306
-State forests, 14:1416, 14:1418
Logging operations
-Riparian vegetation protection
— Southern Forest District, 14:953.7
-Site preparation treatment
— Coast Forest District, 14:915.2
— Northern Forest Distiict, 14:935.2
— Southern Forest District, 14:955.2
Parks and recreation areas
-Defacement, 14:4306
-Removal, 14:4306
Protection
-Chaparral management program, 14:1569.1
-Forest improvement program, 14:1545
VEHICLES
See MOTOR VEHICLES
VENTILATION
Boating requirements, 14:6575
-Applicability, 14:6575.2
-Definitions, 14:6575.3
-Incorporation by reference, 14:6575.4
-Natural systems, 14:6575.6, 14:6575.7
-Operator responsibility, 14:6575.1
-Powered systems, 14:6575.5
VENTURA COUNTY
Construction aggregate resources
-S:inta Clara River Valley, 14:3550.2
-Simi Valley, 14:3550.3
VESSELS
See also BOATS AND BOATING; SHIPS
VESSELS-co/)///!»e^
Barges
See BARGES
Nontank vessels
-Oil spill contingency plans, 14:825.01-14:827.02
-Oil spill prevention certification requirements,
14:792
Tank vessel escort requirements
-Definition of escort tug, 14:790
-Humboldt Bay, 14:851.80-14:851.86
-Port Hueneme. 14:851. 50-14:851. 54
-San Diego Harbor, 14:852-14:852.6
-San Francisco Bay Region, 14:851.1-14:851.10.1
VETERAN-OWNED BUSINESSES
Architects, engineers
-Parks and recreation department contracts,
14:4730
Coastal conservancy contracts
-Disabled veteran business enterprise participation
goals, 14:13890-14:13893
Disabled veteran business enterprise participation
goals
-Coastal conservancy contracts, 14:13890-14:13893
-San Gabriel & Lower Los Angeles Rivers and
Mountains Conservancy projects, 14:14026
-San Joaquin River Conservancy projects,
14:25006
VIOLA HAZARDOUS FIRE AREA
Geographic boundaries, 14:1203.9
VIOLATIONS
See generally PENALTIES
VOLTA WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
w
WAIVERS
Coastal development emergency permits, 14:13144
Exemptions
See specific topic of regulation
Solid waste facilities
-Emergency waiver of standards,
14:17210-14:17210.9
-Temporary waiver of permit terms,
14:17211-14:17211.9
WALKER CANYON ECOLOGICAL RESERVE,
14:630
WALKER RIVER WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
WARNER VALLEY WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
WASHINGTON CLAMS
Bag and possession provisions, 14:29.25
WASTE DISPOSAL
See also SOLID WASTE; WASTE MANAGE-
MENT
Agricultural wastes
See AGRICULTURAL WASTES
Asbestos containing waste, handling and disposal,
14:17897-14:17897.25
See also SOLID WASTE
Boats, parks and recreation provisions, 14:4661
Construction and demolition debris,
14:17387-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolition debris
Contaminated soil operations and facilities,
14:17360-14:17366
See also SOLID WASTE
Federal law implementation
WASTE DiSPOS AL-tonfm lied
Federal law implementation-t-o/y/mwcJ
-Agencies, 14:17032
-Regional boundaries, 14:17031
Forest products
-Coast Forest District, 14:914.5
-Fire safety, 14:1300-14:1302
-Northern Forest District, 14:934.5
-Southern Forest District, 14:954.5
Garbage
-Definitions, 14:17225.30
-Putrescible wastes, defined as, 14:17225.52
-Residential refuse, defined, 14:17225.57
Garbage cans and containers, 14:17315
-Identification, 14:17316
-Use, 14:17317
Hazardous wastes
See HAZARDOUS WASTES
Infectious wastes
See INFECTIOUS WASTES
Landfills
See LANDFILLS
Municipal wastes, burning
-Environmental impact reports, statutory require-
ments, 14:15081.5
Oil and gas operations, 14:1775
Oil spills
See OIL SPILL PREVENTION AND
RESPONSE
Putrescible wastes, defined, 14:17402
Sacramento-San Joaquin Delta land use plan,
14:20050
Sewers
See SEWERS AND SEWAGE SYSTEMS
Soil, contaminated
See also SOLID WASTE
-Operations and facilities, 14:17360-14:17366
Solid waste
See SOLID WASTE
Tires
See SOLID WASTE
Used oil
See USED OIL RECYCLING PROGRAMS
WASTE MANAGEMENT
See also SOLID WASTE; WASTE DISPOSAL
Ash, nonhazardous, 14:17375-14:17379.1
Construction and demolition debris,
14:17380-14:17390
See also SOLID WASTE, subheading: Construc-
tion and demolition debris
Diversion requirements, 14:18775
-Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
-Reduction, 14:18775
-Sludge, 14:18775.2
Environmental firms, contract agreements
-Emergency regulations, 14:17025
Farm and ranch solid waste cleanup and abatement
grant program, 14:17990-14:17994.3
Hazardous waste
See HAZARDOUS WASTES
Integrated waste management plans
See INTEGRATED WASTE MANAGEMENT
PLANS
Landfills
See LANDFILLS
Municipal solid waste landfill units
See LANDFILLS
Nonhazardous ash, 14:17375-14:17379.1
Oil spills
See OIL SPILL PREVENTION AND
RESPONSE
Population density
-Diversion requirements, 14:18775
Public contracts
See also generally PUBLIC WORKS
-Accessibility, 1 4: 1 7041 - 1 4: 1 7046
-Architectural, engineering, etc.,
14:17020-14:17029
-Confidentiality, 14:17045
-Trade secrets, 14:17044, 14:17046
-Unreliable contractors, grantees, or borrowers,
14:17050-14:17062
WASTE MANAGEMENT
CALIFORNIA CODE OF REGULATIONS
WASTE MfiiNJKGEMENT-<:ontimied
Recycling
See RECYCLING
Solid waste
See SOLID WASTE
Source reduction
See SOLID WASTE
Unreliable contractors, grantees, or borrowers,
14:17050-14:17062
WASTES
Disposal
See WASTE DISPOSAL
Electronic, recycling, 14:18660.5-14:18660.43
See also ELECTRONIC WASTE RECYCLING
ACT OF 2003
Hazardous
See HAZARDOUS WASTES
Solid waste
See SOLID WASTE; WASTE MANAGEMENT
Tires
See SOLID WASTE
WASTEWATER AND WASTEWATER TREAT-
MENT
Sacramento-San Joaquin Delta land use plan,
14:20050
WATER
Fishing
See FISHING
Ground water
See GROUND WATER
Pollution
See WATER POLLUTION AND CONTROL
Rivers and streams
See RIVERS AND STREAMS
Sacramento-San Joaquin Delta land use plan,
14:20080
-Treatment facilities, 14:20050
Solid waste facilities, water supply, 14:17419.2
Water-contact sports areas
See PARKS AND RECREATION
WATERCOURSES
See RIVERS AND STREAMS
WATERCRAFT
See BOATS AND BOATING
WATERFOWL
See HUNTING
WATER POLLUTION AND CONTROL
Ground water
See GROUND WATER
Mining and reclamation, 14:3710
Ocean oil and gas wells, 14:1747, 14:1747.1,
14:1747.3
Oil spills
See OIL SPILL PREVENTION AND
RESPONSE
WATER QUALITY
See generally WATER POLLUTION AND CON-
TROL
WATERSKIING
Ski flag rules, 14:7009
WATERWAYS
Boating facilities
-Floating rest room grants
— Application, 14:5162
— Conformity. 14:5161
— Construction and operation agreement, 14:5163
—Short title, 14:5160
-Launching facility grants
— Application, 14:5152
— Confonnity, 14:5151
— Construction and operation agreement, 14:5154
—Short title, 14:5150
-Marinas, recreational, loans for, 14:5170-14:5176
-Planning loans
— Application, 14:5002
—Conformity, 14:5001
—Short title, 14:5000
—Terms, 14:5003
-Small craft harbor loans, 14:5100-14:5107
— Application, 14:5102
\N/KJEn\NA\S-contimied
Boating {aci\k\es-conlinued
-Small craft harbor \oans-continued
— Default remedies. 14:5107
— Definitions, 14:5101
--Feasibility review, 14:5103
— Priority ranking of applications, 14:5104
--Project development, 14:5106
— Short title, 14:5100
— Terms and conditions. 14:5105
Marking system, 14:7000-14:7008
-Authority to place markers, 14:7003
-Definitions, 14:7001
-Display, 14:7005
-Divers flag, 14:7008
-Maintenance, 14:7004
-Other devices. 14:7007
-Scope, 14:7000
-Ski flag, 14:7009
-Special markers, 14:7002.1
-Specifications, 14:7006
-State waters, 14:7002
Sacramento-San .Toaquin Delta
-Closure to recreational vessels,
14:6698.1-14:6698.2
WATSONVILLE SLOUGH ECOLOGICAL
RESERVE, 14:630
WAUKELL CREEK WILDLIFE AREA
Hunting, firearms, and aichery equipment use,
14:551
Public use activities, 14:550
WEAPONS
See also CROSSBOWS; GUNS
Cal-Expo rules, 14:4955
WEIGHTS AND MEASURES
Waste disposal reporting requirements
-Districts, 14:18814.2
-Landfifls, 14:18810.2
-Stations, 14:18809.2
-Transformation facihties, 14:18811.2
WELDING
Logging operations, fire protection
-Coast Forest District, 14:918.7
-Northern Forest District, 14:938.7
-Southern Forest District, 14:958.7
WELL LOGGING
Experimental log
-Classification, 14:1997.3
-Defined, 14:1996.3
Geothermal well requirements, 14:1936
WELLS
Casing and sealing
See CASING AND SEALING
Injection wells
See INJECTION WELLS
Oil and gas
See OIL AND GAS
WESTERN FRESNO HAZARDOUS FIRE AREA
Geographic boundaries, 14:1204.3
WEST HILMAR WILDLIFE AREA
Hunting, firearms, and aichery equipment use,
14:551
Public use acfivities, 14:550
WEST MOJAVE DESERT ECOLOGICAL
RESERVE, 14:630
WEST WALKER RIVER WILDLIFE AREA
Pubhc use acfivifies, 14:550
WETLANDS
Ballona wetlands ecological reserve, 14:630
Chaparral management program, 14:1569.3
Forest improvement program, 14:1545.2
Local coastal development permit programs
-Delineation of ports, 14:13610
Ports, delineation as, 14:13610
Protection from logging operations
-Alternative measures
— Coast Forest District, 14:916.6
— Northern Forest District, 14:936.6
— Southern Forest District, 14:956.6
WETLANDS-co«/mj/efl'
Protection from logging opemtions-continued
-Beneficial uses of water
— Coast Forest District, 14:916.2
— Northern Forest District, 14:936.2
— Southern Forest District, 14:956.2
-Coho salmon protections
— Coast Forest District, 14:916.9.1-14:916.9.2,
14:916.11.1
Roads and landings, 14:923.9.1-14:923.9.2
—Northern Forest District, 14:936.9.1-14:936.9.2
Monitoring, 14:936.11.1
Roads and landings. 14:943.9.1-14:943.9.2
-Domestic water supply
— Coast Forest District, 14:916.10
— Northern Forest District, 14:936.10
— Southem Forest District, 14:956.10
-Erosion control
— Coast Forest District, 14:916.7
— Northern Forest District, 14:936.7
— Southem Forest District, 14:956.7
-Evaluation of mitigations and practices
— Coast Forest District, 14:916.11
— Northern Forest District, 14:936.11
— Southem Forest District, 14:956.11
-Federal Clean Water Act listed watersheds
— Coast Forest District, 14:916.12
— Northern Forest District, 14:936.12
— Southem Forest District, 14:956.12
-General Umitations
— Coast Forest District, 14:916.3
— Northern Forest District, 14:936.3
— Southem Forest District, 14:956.3
-In lieu practices
— Coast Forest District, 14:916.1
— Northern Forest District, 14:936.1
— Southem Forest District, 14:956.1
-Protection zone width determination
— Coast Forest District, 14:916.5
— Northern Forest District, 14:936.5
— Southem Forest District, 14:956.5
-Purpose of rules
— Coast Forest District, 14:916
— Northern Forest District, 14:936
— Southem Forest District, 14:956
-Requirements
— Coast Forest District, 14:916.4
— Northern Forest District, 14:936.4
— Southem Forest District, 14:956.4
-Sensitive watersheds
— Coast Forest District, 14:916.8
— Northern Forest District, 14:936.8
— Southem Forest District, 14:956.8
-Threatened or impaired values of watersheds
— Coast Forest District, 14:916.9, 14:923.9
— Northern Forest District, 14:936.9, 14:943.9
— Southem Forest District, 14:956.9, 14:963.9
WHARVES
Fishing
-PubUc piers, defined, 14:1.88
WHITE CROAKERS
Closure of fishing waters, 14:104
Commercial fishing operations
-Closure of fishing waters, 14:104
-Restricted areas, 14:104
WHITEFISH, MOUNTAIN
Bag and possession provisions, 14:5.50
WHITEFISH, OCEAN
Bag and possession provisions, 14:28.58
WHITE SEABASS
Bag and possession provisions, 14:28.35
Commercial fishing operations, 14:155
-Gill net mesh size, 14:155.10
-Purse seine and roundhaul nets, use of, 14:155.05
-Size limit, 14:155.01
Fishery management plan, 14:51.00-14:51.05
-Allocation of harvest, 14:51.04
-Definitions, 14:51.01
-Harvest control rules, 14:51.05
-Process and timing, 14:51.02
-Purpose, 14:51.00
-Scope, 14:51.00
TITLE 14 INDEX
ZOOS
69
WHITE SLOUGH SPECIFIC AREA PLAN,
14:11961
WHITE SLOUGH WILDLIFE AREA
Hunting, firearms, and aichery equipment use,
14:551
Public use activities, 14:550
WHITE STURGEON
Bag and possession provisions. 14:5.80, 14:27.90
WHITMORE-PANTHER CREEK HAZARDOUS
FIRE AREA
Geographic boundaries, 14:1204.5
WILD ANIMALS
Confmemenl and caging, 14:671.3
See also Housing, this heading
-Rehabilitation facilities, temporary, 14:679
Desert tortoises, 14:674
Disturbing prohibited. 14:4305
Exhibition
-Humane care and treatment, 14:671.2
-Permits, 14:671.1
-Transportation, 14:671.4
Habitat protection
-Logging operations
—Coast Forest District, 14:919-14:919.16
— Late succession forest stands, 14:919.16,
14:939.16, 14:959.16
—Northern Forest District, 14:939-14:939.15
—Southern Forest District, 14:959-14:959.16
-Mining and reclamation, 14:3703
— Minimum acceptable practices, 14:3503
Housing
-Permanent facilities, 14:671.3
-Rehabilitation facilities, temporary, 14:679
-Transport of animals for exhibition, 14:671.4
Humane care and treatment, 14:671.2
Importation, transportation, and possession,
14:671-14:671.7
-Humane care and treatment, 14:671.2
-Permits
— Aquacuiture, 14:671.7
—Fees, 14:671.1
— Restricted species, 14:671.1
-Possession violations, 14:671.5
-Prohibitions, 14:679
-Restrictions, 14:671
-Transportation standards for exhibition of animals,
14:671.4
-Transport of animals for exhibition, 14:671.4
Laboratory animals, care of, 14:671.3
Oil sump hazards, 14:740
Permits
-Importation, transportation, and possession of
restricted species, 14:671.1
-Restricted species, 14:671.1
Pest control, 14:671.2
Possession violations, 14:671.5
Protection
-Chaparral management program, 14:1569.1
-Forest improvement program, 14:1545
Release into wild, 14:671.6
Transportation
See Importation, transportation, and possession,
this heading
Watering places, camping near or occupying,
14:730
WILDERNESS AREAS
Environmental Quality Act exemptions, 14:15318
List, 14:4755
Mount San Jacinto State Wilderness, special provi-
sions, 14:4608
Transportation restrictions, 14:4351
WILDLIFE
See BIRDS; FISH AND GAME; WILD ANL
MALS
WILDLIFE AREAS
Environmental Quahty Act exemptions, 14:15313
-Small habitat restoration projects, 14:15333
Hunting
-Archery, 14:551
-Firearms use, 14:551
-Heenan Lake, 14:553
WILDLIFE AREAS-i:ontinued
Huntmg-continued
-National wildlife refuges, 14:551
-Permit requirements, 14:551
-Private Wildlife Management Area, 14:601
Public use activities, 14:550
Sacramento-San Joaquin Delta land use plan,
14:20040
WILD PIGS
See PIGS, WILD
WILLOW CREEK WILDLIFE AREA
Hunting, firearms, and archei^ equipment use,
14:551
Public use activities, 14:550
WINCHES, POWER-DRIVEN
Fishing use restrictions, 14:28.70
WINTER SPORTS
Parks and recreation areas, 14:4701
Skiing
-Parks and recreation areas, 14:4700
WOMEN-OWNED BUSINESSES
Architects and engineers
-Parks and recreation department contracts,
14:4730
WOOD
Debris chipping and grinding activities,
14:17380-14:17386
See also SOLID WASTE
YARDS
Clippings, defined as rubbish, 14:17225.59
YAUDANCHI ECOLOGICAL RESERVE, 14:630
YELLOWTAIL
Bag and possession provisions, 14:28.37
Commercial fishing operations
-Imports from Mexico, inspection clearance,
14:109
YOLO BYPASS WILDLIFE AREA
Hunting, firearms, and archery equipment use,
14:551
Public use activities, 14:550
YORKVILLE ECOLOGICAL RESERVE, 14:630
YUROK TRIBE
Salmon possession limits, special provisions,
14:5.86
Z'BERG-KAPILOFF SOLID WASTE CONTROL
ACT
Enforcement, 14:18301
-Board actions, 14:18350
— Assumption of enforcement agency duties,
14:18351
-Emergency actions, 14:18306
-Investigations, 14:18303
-Mandated actions, 14:18304.3
-Notices and orders, 14:18304, 14:18304.5
— Compliance status, 14:18304.4
— Final orders, 14:18304.2
—Types, 14:18304.1
-Permit suspension or revocation, 14:18307
-Written complaints of alleged violations,
14:18302
Loan guarantees
-Amount limitations, 14:18403
-Applications
— Board actions, 14:18409
Z'BERG-KAPILOFF SOLID WASTE CONTROL
AC7-coiiti?iiied
Loan guarantees-<.o/7////He^
-Applicauons-continued
—Fees, 14:18408
-Conditions, 14:18413
-Criteria, 14:18401
-Default claims. 14:18411
-Definitions, 14:18400
-Fund audits, 14:18410
-Interest, 14:18407
-Percentage of principal balance, 14:18405
-Period, 14:18404
-Priorities, 14:18402
-Reserve ratio, 14:18406
-Terms, 14:18412
Permits
-Applications
—Denials, 14:18209
—Issuance, 14:18208
—Revisions, 14:18211
—Scope of mles, 14:18200
-Reporting requirements
— Disposal site information
Ash, nonhazardous, 14:18226
Contaminated soil facilities, 14:18224
—Facihty plans, 14:18221.5
— Transfer/processing reports, 14:18221.6
ZEBRA MUSSELS
Importation, transportation, and possession restric-
tions, 14:671
ZONING
Coastal zones
See generally COASTAL ZONES
Environmental impact reports
-Projects consistent with local zoning require-
ments, 14:15183
Timberland conversion, 14:1109-14:1110
ZOOS
Confinement of wild animals, 14:671.3
Permits
-Protected species, possession, 14:654
-Restricted species, 14:671.1
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