HomeMy WebLinkAbout03/06/1997 BAKERSFIELD
Special Joint Meeting
CITY/COUNTY INTERGOVERNMENTAL RELATIONS COMMITTEE
City Host
Thursday, March 6, 1997
12:15 p.m.
Convention Center - Grape Room
AGENDA
1. ROLL CALL
2. PRESENTATIONS
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Environmental Health Cooperative Efforts - Update (Price)
B. Convention Center Expansion (Arena)lCentennial Plaza Update (Tandy)
C. Universal Refuse Collection Update (Heinrichs)
5. NEW BUSINESS
A. Joint City/County CALEPA SB 1299 Permit Consolidation Zone
Application (Price)
B. Proposition 218 Implementation (Price)
6. ADJOURNMENT
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cc: Honorable Mayor and City Council
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RESOURCE MANAGEMENT AGENCY
County of Kern
Permit Consolidation Zone
SB 1299
State designation of Kern County as a Permit Consolidation Zone will
improve the coordination of State and local permits.
New or expanding businesses may volunteer to develop a
Facility Compliance Plan (FCP) as a substitute for individual
equipment permits
~ Businesses may submit the FCP to the designated Zone
Administrator which will be responsible for distributing the FCP
to the appropriate permitting authorities
Permitting authorities will be responsible for finding the FCP to
be "complete and adequate"
State designation as a Permit Consolidation Zone will enhance
our ability to retain existing businesses and improve our oppommities
for attracting new businesses
Businesses will have one point of contact, one invoice and one
permit (FCP)
>' A Permit Consolidation Zone will reduce the regulatory burden
that businesses currently face
Kern County will have a more business-friendly environment than
our competition
PROPOSED REGULATION ORDER
PURSUANT TO SB 1299
TITLE 27 ENVIRONMENTAL PROTECTION
DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES
SUBDMSION 1. PERMITTING
CHAPTEK 4 PERMIT CONSOLIDATION ZONE PILOT PROGRAM
Note: The following is new text to be added to Title 27 of the
California Code of Kegulations
Adopt Title 27, Division 1, Chapter 4, Section 10400 through 10419
et. seq. of the California Code of Regulations:
AKTICLE 1. SCOPE AND APPLICABILITY
10400 PURPOSE
(a) These regulations establish the implementation framework for
a pilot program intended to offer a step toward reforming
California's environmental permitting system to make it more
responsive,, efficient, and timely, while preserving California's
commitment to a safe and health.rial environment.
This pilot program, will allow the creation of up to twenty
Permit Consolidation Zones among California's cities and counties.
Within these zones, the current system of individually issued
environmental permits will be augmented with a voluntary option
allowing facilities to substitute a facility compliance plan in
lieu of' existing environmental permits for new or expanding
facilities. The use of facility compliance plans is anticipated to
expedite environmental permitting in the designated Permit
Consolidation Zones and the pilot will provide an opportunity to
test the facility compliance plan concept as a possible new model
for environmental regulation.
The facility compliance plan represents a new regulatory
approach and should be seen by those using these regulations as a
new permit concept separate and distinct from existing
environmental permits. The facility compliance plan constitutes a
replacement for existing environmental permits. Since Section 1
of Chapter 5 (commencing with Section 71035) of Division 34 of the
Public Resources Code) establishes separate and distinct
timeframes for the processing of facility compliance plans, the
existing procedural provisions that apply to individual
environmental permits cannot apply to facility compliance plans.
However, the facility compliance plan must contain all the
information required by existing permits and, in addition,
represents an opportunity for the compilation of a comprehensive,
multimedia statement of environmental operations and management at
a facility.
These regulations implement this program. Elements of the
regulations include the application and competitive selection
process for those communities who wish to join the pilot, a
procedure for facilities to opt into a facility compliance plan,
and a process to institute coordinated inspection and enforcement
activities for facilities authorized by a facility compliance
plan.
Note: Aut.h6fity cited: Sections 71035.1, 71035.2 Public
Resources Code; Reference: Sections 71035.1 through 71035.11
inclusive, Public Resources Code
ARTICLE 2. DEFINITIONS
10401 DEFINITI~ONS
(a) The definitiocs contained in this section shall apply
only to these regulations.
(1) "Complete gnd adequate" means a determination by a
permitting authority that a facility compliance plan contains all
the information required by Sections 71035.5Co) and 71035.6(b) of
Chapter 5 of Division 34 of the Public Resources Code. A finding
that a facility compliance plan is complete and adequate,
incorporating all additional conditions as required by the
permitting authority, shall result in the ,pproval of the plan for
the portion of the plan addressed by the permitting authority.
(2) "CUPA" means a certified unified program agency as
designated under Chapter 6.11 of Division 20 of the Health and
Safety Code.
(3) "Day" means for the purpose of these regulations,
calendar days.
(4) "Environmental permit" means any environmental permit
issued by an environmental agency or a certified unified program
agency.
(5) "Excluded Facility" means any facility involved in the
following operations or activities:
(A) The incineration of'wastes.
(B) The storage, treatment, transportation, or
disposal of radioactive materials.
(C) Other activities that the Secretary for
Environmental Protection determines, based on risks to the
environment and to the public health and safety, to be
appropriately regulated through individual permits.
(D) Other activities excluded as requested by a city
or county in its Permit Consolidation Zone application.
(6) "Expanding Facility" means any facility, located
within a Permit Consolidation Zone which:
(A) Is physically in existence at the time the
facility compliance plan is submitted;
(B) Is in Compliance with all applicable regulations
prior to the date of submittal of a facility compliance plan to
the Permit Consolidation Zone Administrator; and
(C) Requires a new or amended environmental permit
to conduct a new or modified actMty.
(7) *Facility' means the site presently engaged in or at
which an activity is planned that is required to obtain
authorization from a permitting authority for that activity.
(8) "Facility Compliance Plan" means a document that
incorporates all of the following:
(A) Contains information and data for all emissions
and discharges from the facility and the management of solid waste
and hazardous waste, including all information relevant to
individual environmental permits that would otherwise be required
for the facility.
(B) Specifies measures, including, but not limited
to, monitoring, reporting, emissions limits, materials handling,
and throughputs, to be taken by the project applicant to ensure
compliance with all environmental permits that would otherwise be
required.
(C) Meets the requirements of all indMdual
environmental permits that would otherwise be required.
(D) Ensures compliance with all applicable
environmental laws, regulations, and ordinances.
(9) ~New Facility" means any facility, located within a
Permit Consolidation Zone, which was not physically in existence
prior to the date of submittal of a facility compliance plan to
the Permit Consolidation Zone Administrator.
(10) "Permitting Authority~ means those governmental
entities identified by subdivisions (a) to (g), inclusive of
Section 71011 of the Public Resources Code, specifically
including:
(A) The Department of Toxic Substances Control
(B) The Department of Pesticide Regulation
(C) The State Air Resources Board
(D) The State Water Resources Control Board
(E) The California Integrated Waste Management Board
iF) The Office of Environmental Health Hazard
Assessment
(G) The Regional Water Quality Control Boards
(H) Air Quality Management D'~stricts and Air
Pollution Control Di~ricts as defined in Section 39025 of the
Health and Safety Code.
(I) An enforcement agency, as defined in Section
40130 of the Public Resources Code (Local Enforcement Agencies
operating under the authority of the Integrated Waste Management
Act).
county agricultural commissioner with respect
to his or her administration of Divisions 6 (commencing with
Section 11401) and 7 (commencing with Section 12501) of the Food
and Agriculture Code.
(K) The local agency responsible for administering
Chapter 6.7 (commencing with Section 25280) of the Health and
safety Code concerning underground storage tanks and any
underground storage tank ordinance adopted by a city or county.
(L) The local agency responsible for the
administration of the requirements imposed pursuant to Section
13370.5 of the Water Code (pretreatment to Publicly Owned
Treatment Work (POTW) programs).
0VI) Certified Unified Program Agencies (CUPAs)
(lq) Any other environmental or related permitting
authority that elects to become a participating agency within the
Permit Consolidation Zone.
(11) "Permit Consolidation Zone" means a geographical area,
contiguous or non-contiguous, designated by and within the
jurisdiction of a city or cities or a county or counties or both,
and approved by the Review Panel, within which a facility
compliance plan may be substituted for all environmental permits
otherwise required. A Permit Consolidation Zone specifies the
types of facilities that are eligible to operate under the
authority of a facility compliance plan.
(12) "Plan Applicant," means the facility owner and/or
operator responsible for the preparation of a facility compliance
plan.
(13) "Review Panel," means the panel composed of the
Secretary for Environmental Protection and the Secretary for Trade
and Commerce. The Review Panel is empowered to review
applications for and designate Permit Consolidation Zones.
(14) "Zone Administrator," means the individual or agency
designated by the Zone Applicant to be responsible for the
administration of the zone. The zone applicant may designate any
person within any organization it deems appropriate to peri'om
these duties, including but not limited to a Cai/EPA Permit
Assistance Center or a Certified Unified Program Agency.
(15) "Zone Applicant" means a California city or county,
individually or together, seeking to be designated as a Permit
Consolidation Zone.
(16) NZone Applicant Governing Authority" means the duly
constituted governing board for a city or county within the State
of California usually a city council in the case of a city or the
board of supervisors in the case of a county.
Note: Authority cited: Sections 71035.1, 71035.2, PubLic
Resources Code; Reference: Sections 71035.3, 71035.4, 71035.5,
71035.6, 71035.11 71035.10 Public Resources Code
ARTICLE 3. PERMIT CONSOLIDATION ZONE APPLICATION PROCESS
10402 ELIGIBILITY FOR DESIGNATION AS A pERMIT CONSOLIDATION ZONE
(a) Cities or counties with a population greater than
5,000, based upon the 1990 census, are eligible to apply for a
Permit Consolidation Zone which may constitute all or part of
their jurisdiction.
(b) Cities and counties, individually or together, may
apply for a Permit Consolidation Zone.
(c) Not more than 20 Permit Consolidation Zones may be
designated. Applications approved shall represent a diverse range
of urban and rural counties and small and large cities.
Note: Authority cited: Sections 71035.1, 71035.2 Public
Resources Code; Reference: Sections 71035.3 Public Resources Code
10403 PROCEDURES FOR SUBMITTAL OF A ZONE APPLICATION
(a) Any qualifying city and/or county may submit an
application for a Permit Consolidation Zone after the effective
date of these regulations.
Co) An application for a Permit Consolidation Zone shall
be submitted to the Review Panel not later than December 31, 1997.
(c) The city and/or county preparing the application for a
Permit Consolidation Zone is responsible for obtaining all the
necessary agreements required in Section 10404 (a)(14) with
participating permitting authorities.
(d) A Zone Applicant is required to provide notice to the
public and all interested parties of its submittal of an
application for designation of a Permit Consolidation Zone by
conducting a public hearing 30 days prior to submittal of the
application.
Note: Authority cited: Sections 71035.1, 71035.2 Public
Resources Code; Reference: Sections 71035.3 Public Resources
Code
10404 INFORMATIONAL REQUIREMENTS FOR AN APPLICATION FOR A PERMIT
CONSOLIDATION ZONE
(a) The zone application shall:
(1) Identify an indMdual or agency who shall
perform the duties of the Zone Administrator.
(2) Designate one primary point of contact for each
participating permitting authority within a zone including title,
address, phone number, and, if available, the facsimile number and
e-mall address of the contact.
(3) Identify the area which is being designated as a
Permit Consolidation Zone. This shall include a description of
the area and a listing of the types of facilities specifically
included within the zone, a map showing the zone boundaries, the
boundaries of the applicant's jurisdiction, and the boundaries of
adjacent jurisdictions.
(4) Identify the population of the city or.county
based on the 1990 census.
(5) Identify the environmental permits to be
substituted by the facility compliance plan.
(6) Identify the types of facilities which the zone
applicant will prohibit from inclusion within the Permit
Consolidation Zone.
(7) A copy of the resolution adopted by the zone
applicant's governing authority that approves the creation of a
Permit Consolidation Zone.
(8) Identify any efforts to reform or expedite
permit procedures or requirements that constitute permit
streamlining that have been implemented by the Zone Applicant's
jurisdiction(s) or the environmental agencies participating in the
proposed Permit Consolidation Zone.
(9) Identify if there is a single CUPA within the
boundaries of the proposed Permit Consolidation Zone.
(10) Identify the public notice requirements that
currently exist for the individual environmental permits that will
be substituted by a facility compliance plan.
(11) Identify the public notice, heating, comment,
participation, administrative appeal, and judicial review
provisions that apply to a Plan Applicant within the proposed
Permit Consolidation Zone.
(12) Identify the steps taken, in addition to the
public notice requirement in Section 10402 (d), to inform the
public and businesses located within a proposed zone of the zone
applicant's intent to ~pply for a Permit Consolidation Zone.
(13) Identify the permitting authorities which have
agreed to participate in the Permit Consolidation Zone.
(14) Identify the agreements or agreements in
process, between the zone applicant and other local, state,
federal, and regional permitting agencies with jurisdiction within
the boundaries of the proposed Permit Consolidation Zone. These
agreements shall represent and describe the commitment of the
permitting authority to participate in a Permit Consolidation
Zone. The Zone Applicant shall submit all approved agreements
with the application package. The approved agreements must:
(A) Be binding on the parties executing the
agreement;
(B) Clearly identify the permits to be
substituted by a facility compliance plan; and
(C) Identify the appeal process to be used in
the event a facility wishes to appeal a determination of
incompleteness md/or inadequacy.
(15) Identify any and all military bases or military
reservations being converted to private use within the boundaries
of the proposed Permit Consolidation Zone.
(16) Identify how permitting authorities will
cooperate on facility compliance inspections, consolidation of
permit fees, and review and submittal of environmental monitoring
reports.
(17) Identify the process for conversion of a
facility compliance plan to individual environmental permits, in
the event of termination of the Permit Consolidation Zone.or upon
the request of a facility who has received a facility compliance
plan.
(18) Identify how the California Environmental
Quality Act (CEQA) will be complied with and implememed within
the proposed Permit Consolidation Zone and who will be
responsible.
(19) ?rovide information that shows the proposed
Permit Consolidation Zone is in conformance with all planning and
zoning restrictions applicable to the permits to be subs
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
ii SENATE.:'BILL:.. 1299:
PERMIT cONS:OLIDATION ZONEs
1995
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SUMMARY
· Senate Bill 1299 (SB) requires the Secretary for Environmental Protection, by
January 1, 1997, to adopt regulations for a pilot program for facility permitting that replaces
individual environmental permits with a single, comprehensive compliance assurance plan.
· It requires those regulations to be developed by the Secretary in coordination with other
specified state agencies and in consultation with representatives of cities, counties, local
environmental agencies, and certified uniform program agencies.
· SB 1299 will be implemented through a pilot program in 20 communities throughout
California.
· The Secretary for Environmental Protection and the Secretary for Trade and Commerce are
required to prepare and submit an annual report to the Governor and the Legislature by
January 31 of each year, and to submit recommendations for additional legislation to
implement the pilot program.
BACKGROUND
Most industrial facilities now require environmental permits from a broad range of agencies.
Each agency has its own requirements, which differ considerably in terms of monitoring, permit
term, financial requirements, fees, etc. SB 1185 (Bergeson, Chapter 419, 1993) provides a
means of coordinating these permit approvals, but is only a first step in developing a true facility
permit where all regulatory requirements would be specified and balanced in a more coherent
document. New Jersey currently is in the third year of a pilot program that collapses their
permits into a facility permit. USEPA is currently considering similar efforts.
permit Consolidation Zon
~--~ SB 1299 I County/City , Application
Cal/EPA~TCAI
Review Panel
Permit
Consolidation
Zones
New/
Fxpandin§
Busine$~
Facility Coordinated Regulatory
Compliance ~ Assistance Through Governor's C EQA---~
Plan Permit Assistance Centers
~" I or EIR
(Equals Permits) (Optional)
STATE I
IILOCALI
Coordinated Inspection and Enforcement Activities
Senate Bill 1299:
· Shifts permitting programs away from up-front approval therefore, eliminating
unnecessary and duplicative permit requirements;
· Makes regulations more concise. Facilities built to regulations, with after-the-fact
audits completed through existing inspection and enforcement procedures, would
provide the same, if not greater, environmental protection than current ways;
· Provides possible cost savings to agencies participating in pilot program by reducing
permit development costs;
· Provides for coordinated regulatory assistance through the Governor's Permit
Assistance Centers;
· Does not abrogate CEQA; and
· Allows regulatory agencies to shift emphasis from permitting to inspection and
enforcement, producing cost savings, and increasing compliance monitoring.
· For additional information regarding Senate Bill 1299 and Permit Consolidation Zones,
please contact Cai/EPA at (916) 44.5-3846.
FACT Sm~'T 2 OCTOB~ 1995