HomeMy WebLinkAbout1620 e brundage _envirotech report 6.22.20_23-24California Environmental Protection Agency
Bill of Rights for Environmental Permit Applicants
California Environmental Protection Agency (Cal/EPA) recognizes that many complex
issues must be addressed when pursuing reforms of environmental permits and that
significant challenges remain. We have initiated reforms and intend to continue the
effort to make environmental permitting more efficient, less costly, and to ensure that
those seeking permits receive timely responses from the boards and departments of the
Cal/EPA. To further this goal, Cal/EPA endorses the following precepts that form the
basis of a permit applicant's "Bill of Rights."
1. Permit applicants have the right to assistance in understanding regulatory and
permit requirements. All Cal/EPA programs maintain an Ombudsman to work
directly with applicants. Permit Assistance Centers located throughout California
have permit specialists from all the State, regional, and local agencies to identify
permit requirements and assist in permit processing.
2. Permit applicants have the right to know the projected fees for review of
applications, how any costs will be determined and billed, and procedures for
resolving any disputes over fee billings.
3. Permit applicants have the right of access to complete and clearly written guidance
documents that explain the regulatory requirements. Agencies must publish a list of
all information required in a permit application and of criteria used to determine
whether the submitted information is adequate.
4. Permit applicants have the right of timely completeness determinations for their
applications. In general, agencies notify the applicant within 30 days of any
deficiencies or determine that the application is complete. California Environmental
Quality Act (CEQA) and public hearing requests may require additional information.
5. Permit applicants have the right to know exactly how their applications are deficient
and what further information is needed to make their applications complete.
Pursuant to California Government code Section 65944, after an application is
accepted as complete, an agency may not request any new or additional information
that was not specified in the original application.
6. Permit applicants have the right of a timely decision on their permit application. The
agencies are required to establish time limits for permit reviews.
7. Permit applicants have the right to appeal permit review time limits by statute or
administratively that have been violated without good cause. For state environmental
agencies, appeals are made directly to the Cal/EPA Secretary or to a specific board.
For local environmental agencies, appeals are generally made to the local governing
board or, under certain circumstances, to Cal/EPA. Through this appeal, applicants
may obtain a set date for a decision on their permit and, in some cases, a refund of
all application fees (ask boards and departments for details).
8. Permit applicants have the right to work with a single lead agency where multiple
environmental approvals are needed. For multiple permits, all agency actions can be
consolidated under a lead agency. For site remediation, all applicable laws can be
administered through a single agency.
9. Permit applicants have the right to know who will be reviewing their application and
the time required to complete the full review process.