NARRATIVE DESCRIPTION OF CALIFORNIA’S RESEARCH DEVELOPMENT AND
DEMONSTRATION PROGRAM

February 21, 2007

I.	Scope of RD&D Permit Program and Background

In 1993, the U.S. Environmental Protection Agency (EPA) approved the
State of California’s municipal solid waste landfill (MSWLF) permit
program pursuant to Subtitle D of the federal Resource Conservation and
Recovery Act (RCRA).  With this application, dated March 28, 2006, and
revised on February 21, 2007, the State of California is seeking EPA
approval for a modification to the State’s existing MSWLF permit
program to incorporate research, development and demonstration (RD&D)
permits.

On March 22, 2004, EPA issued a final rule amending the municipal solid
waste landfill criteria at 40 CFR 258.4 to allow for RD&D permits. (69
FR 13242).  This rule allows for variances from specified criteria for a
limited period of time.  Specifically, the rule allows the Director of
an approved State to issue a time-limited RD&D permit for a new MSWLF
unit, existing MSWLF unit, or lateral expansion, for which the owner or
operator proposes to use innovative and new methods which vary from
either or both of the following:  1) the run-on control systems at 40
CFR 258.26, and/or 2) the liquids restrictions at 40 CFR 258.28(a),
provided that the MSWLF unit has a leachate collection system designed
and constructed to maintain less than a 30-cm depth of leachate on
liner.  The rule also allows the Director of an approved State to issue
a time-limited RD&D permit for which the owner or operator proposes to
use innovative and new methods that vary from the final cover criteria
at 40 CFR 258.60(a) (1) and (2), and (b) (1), provided that the owner or
operator demonstrates that the alternative cover system will not
contaminate groundwater or surface water, or cause leachate depth on the
liner to exceed 30 cm.

RD&D permits are only available in states with approved MSWLF permit
programs that have been modified to incorporate the RD&D permit
authority.  Although a state is not required to seek approval for the
RD&D permit provision, a state must obtain EPA approval before it may
issue such a permit to allow the owner or operator to implement the
requested variances.

California has lawfully promulgated and fully enacted regulations for
the RD&D permit program.  The regulations conform to the federal
requirements at 40 CFR 258.4 and are consistent with California’s high
standards for all aspects of environmental performance.  Upon EPA
approval, and consistent with the federal RD&D provisions, California
will be able to issue variances for run-on control systems, liquid
restrictions, and final cover criteria to allow for innovative and new
methods, such as bioreactor landfills.  In conformance with the federal
regulations, and in addition to California-specific requirements, an
owner or operator is required to maintain less than a 30-cm depth of
leachate on liner and demonstrate that operations under an RD&D permit
will be at least as protective as those under a standard MSWLF permit.

II.	Explanation of Jurisdiction and Responsibility of All Implementing
Agencies:

Jurisdiction over the disposal of solid waste in California extends over
several state and local agencies.  Four state agencies play a regulatory
role with respect to solid waste:  1) the California Integrated Waste
Management Board (CIWMB); 2) the State Water Resources Control Board
(State Water Board); 3) the Air Resources Board (ARB); and 4) the
Department of Toxic Substances Control (DTSC).  All of these agencies
fall under the umbrella of the California Environmental Protection
Agency (Cal/EPA).  These agencies share concurrent authority over some
aspects of solid waste disposal.  The statutes and regulations for solid
waste management and disposal set forth a clear division of authority
between these state agencies.  The California Legislature has designated
the CIWMB as the lead agency for the RCRA Subtitle D MSWLF permit
program.

A.	California Environmental Protection Agency (Cal/EPA):

Cal/EPA was established by Executive Order GRP (Governor’s
Reorganization Plan) #1, 1991, and adopted by the Legislature on July
17, 1991.  Cal/EPA replaces the former Secretary of Environmental
Affairs.  Cal/EPA oversees the CIWMB, the State Water Board, the ARB,
and the DTSC.  It provides an interface with the Governor’s Office and
establishes and coordinates policies, regulations, legislation, and
general supervision of its subsidiary agencies.  The DTSC reports
directly to Cal/EPA as a subordinate agency.  The three boards and
Cal/EPA are joined by an August 1990, Memorandum of Understanding.
(Attachment 1).

B.	California Integrated Waste Management Board (CIWMB):

The California Integrated Waste Management Board (CIWMB) is the State
agency designated to oversee, manage, and track solid waste generated
each year in California. It operates under the authority of the Public
Resources Code (PRC) and was established by the Integrated Waste
Management Act of 1989 (AB 939).  The CIWMB promotes a sustainable
environment where these resources are not wasted but can be reused or
recycled in partnership with all California. In addition to many
innovative programs and incentives, the CIWMB evaluates the use of new
technologies to divert California’s resources away from landfills. To
ensure the safe handling, processing, and disposal of solid waste, the
CIWMB adopts and enforces stringent operating standards, and certifies
local enforcement agencies to permit and inspect facilities and take
appropriate enforcement actions.

The CIWMB is overseen by a Board comprised of six members.  Four members
are appointed by the Governor, two of whom represent the public. The
remaining two members, one of whom is appointed by the Senate Committee
on Rules and the other by the Speaker of the Assembly, represent
industry and the environment, respectively. 

The CIWMB provides grants and loans to help California cities, counties,
businesses, and organizations meet the State’s waste reduction, reuse,
and recycling goals. It also provides funds to clean up solid waste
disposal sites and co-disposal sites (those accepting both hazardous
waste substances and nonhazardous waste).  These funds are available
where responsible parties cannot be identified or are unable or
unwilling to pay for a timely remediation, and where cleanup is needed
to protect public health and safety or the environment (orphan sites). 

The CIWMB also develops and promotes alternatives to the illegal
disposal of used oil, develops technical standards and permit
requirements for waste tire facilities, promotes reuse and recycling of
electronic devices, and encourages purchasing of environmentally
preferable devices. 

Solid waste facility and landfill permitting and enforcement programs
under CIWMB jurisdiction are primarily carried out through local
enforcement agencies (LEA).  LEAs are designated by the governing body
of a county or city and, upon certification by the CIWMB, are empowered
to implement delegated CIWMB programs and locally designated activities.
 In the absence of a designated LEA, the CIWMB directly implements these
programs as the Enforcement Agency (EA).

A proposed solid waste facility permit submitted by an LEA  is analyzed
by the Permitting and Enforcement (P&E) Division of the CIWMB to assure
it meets CIWMB statutes, regulations, and policies.  State law (PRC
Sections 44001 et seq.) and CIWMB regulations require every operator of
a solid waste facility to obtain a Solid Waste Facilities Permit.  The
CIWMB and its LEAs have the final approval authority for Solid Waste
Facilities Permits. However, a LEA cannot issue a permit without
CIWMB’s concurrence.  (PRC Section 44009).  

Division 2 of Title 27 of the California Code of Regulations (27 CCR)
contains the regulations for state minimum standards and permitting for
all solid waste landfills, including any landfill proposing to operate
under an RD&D permit.  Regulations specific to the RD&D permit program
are combined CIWMB/State Water Board regulations for use by both
agencies and are incorporated in 27 CCR §§20070, 21595, 21805, and
21835.  Additional implementing regulations are contained in 14 CCR,
which includes regulations governing enforcement of solid waste
facilities, regulations for state minimum standards and permitting of
solid waste facilities and operations other than landfills, and
regulations governing CIWMB cleanup programs.  Implementing regulations
are also contained in State Water Board Resolution No. 93-62 (discussed
in Section II.C., below).  

The P&E Division of the CIWMB is responsible for certifying, inspecting,
and overseeing LEA programs to ensure the effective implementation of
the State’s solid waste program by the LEA.  The Division also reviews
solid waste permit and closure/postclosure documents, ensures compliance
with applicable financial assurance requirements, and enforces State
standards and permit conditions in addition to, or in lieu of, the LEA. 
Other responsibilities of the Division include administering clean up
programs at orphaned, illegal, or abandoned sites.

C.     State Water Resources Control Board (State Water Board):

The State Water Board and its nine California Regional Water Quality
Control Boards (Regional Water Boards) are the state’s lead agencies
for the control of water quality under the Porter-Cologne Water Quality
Control Act (codified as Division 7, commencing with §13000, of the
California Water Code (CWC) .

The State Water Board is responsible for statewide water quality control
and the state’s water rights program, and consists of five
Governor-appointed full-time members with statutorily specified
qualifications.  The five members are as follows:  an attorney admitted
to practice law in California, qualified in the fields of water supply
and water rights; a California-registered civil engineer, qualified in
the fields of water supply and water rights; and two
California-registered professional engineers experienced in sanitary
engineering, one qualified in the field of water quality and the other
in the field of water quality.  The last  member is not required to have
specialized experience (CWC §175).  In addition to having the specified
qualifications, above, one of the members also must be qualified in the
field of water supply and water quality relating to irrigated
agriculture.  

Under CWC §13172, the State Water Board is required to classify wastes
according to risk to impairment of water quality and to classify the
types of disposal sites according to the level of protection provided
for water quality.  The State Water Board is also required to adopt
standards and regulations (27 CCR) for waste disposal sites and related
closure activities of waste disposal facilities.  The Regional Water
Boards are responsible for classifying and regulating active, proposed,
closed, and inactive disposal sites within the boundaries of their
Region in accordance with the standards and regulations adopted by the
State Water Board.

The nine Regional Water Boards, each consisting of nine part-time
members appointed by the Governor, are directly responsible for
regulating water within their respective watershed regions (CWC §13200,
et seq.). The Regional Water Boards adopt regional Water Quality Control
Plans that are consistent with the State Water Board’s regulations and
policies, and that take effect following approval by the State Water
Board (CWC §13240, et seq.).  The Regional Water Quality Control Plans
(Basin Plans) set out beneficial uses of groundwater and surface water
within the region and establish water quality objectives needed to
maintain these beneficial uses.  The Basin Plans must conform to State
Policies for Water Quality Control adopted by the State Water Board and
protect all beneficial uses.  

Regional Water Boards issue waste discharge requirements (WDRs) for
individual discharges of waste that could affect the waters of the
state, including discharges of solid waste to land (CWC §13260, et
seq.).  The Regional Water Boards consider adoption of WDRs at a public
hearing where the discharger and public have a chance to comment on the
proposed discharge.  The State Water Board may review actions of the
Regional Water Boards, including the issuance of WDRs, either at the
request of aggrieved persons or at its own discretion (CWC §13320).

Regional Water Board staff prepare the WDRs for Board consideration,
conduct periodic inspections of facilities at which discharges occur,
review self-monitoring reports, prepare enforcement orders in the event
of violations, review closure and post-closure maintenance plans for
solid waste landfills, and require corrective action when discharges
pollute (or threaten to pollute) waters of the state.  Regional and
State Water Board staff also review landfill design reports for seismic
and slope stability.  

Division 2 of Title 27 of the California Code of Regulations (27 CCR)
contains the regulations implemented by Regional Water Boards for state
minimum standards and WDRs for permitting of solid waste landfills. 
Incorporated in 27 CCR regulations are references to State Water Board
Policy 93-62 for Regulation of Discharges of Municipal Solid Wastes, a
promulgated policy with regulatory effect (State Policy for Water
Quality Control, pursuant to CWC §§13140 – 13147), which was
approved by U.S. EPA in 1993 as part of California’s original RCRA
Subtitle D Program application.  State Water Board Policy 93-62 was
amended July 21, 2005, to specifically include RD&D permits and criteria
and became effective upon approval by the Office of Administrative Law
on August 24, 2005.  The provisions of the Policy pertaining to RD& D
permits will not be implemented until EPA approves the State’s RD&D
permit program.   The RD&D permit program submitted for U.S. EPA
approval includes the combined State Water Board/CIWMB 27 CCR
regulations .

and amended Policy 93-62. 

D.     Air Resources Board (ARB):

The ARB is the state agency responsible for protecting public health and
the environment from the harmful effects of air pollution.  ARB has 11
Governor-appointed board members.  ARB oversees all air pollution
control efforts in California, including the activities of 35
independent local air districts.  State law vests ARB with direct
authority to regulate pollution from motor vehicles, fuels, and consumer
products.  Primary responsibility for controlling pollution from
business and industry, including solid waste landfills, lies with the
local air districts.  Local districts adopt regulations (District Rules)
equivalent or more stringent than applicable state and federal
standards.  ARB works in cooperation with the districts and the U.S.
Environmental Protection Agency (U.S. EPA) on strategies to attain State
and federal ambient air quality standards and reduce air toxics
emissions.

The primary function of the local air districts concerning landfills is
the issuance of permits for gas control facilities and enforcement of
District Rules which are in accordance with federal NSPS/EG and Title V
permitting requirements.  Any solid waste landfill changing operations
under RD&D permits will continue to be required to comply with local
district permitting and enforcement requirements as with any other
change in operation.  Therefore, the proposed RD&D permit program would
not significantly impact the ARB and local districts.

E.     Department of Toxic Substances Control (DTSC)   

The Department of Toxic Substances Control (DTSC) has jurisdiction over
toxic or hazardous materials that may appear at solid waste disposal
sites.  The Department’s statutory authority appears in Divisions 1
and 20 of the California Health and Safety Code.  Its regulations are
contained in Division 4 of Title 22 of the California Code of
Regulations. DTSC permits and controls household hazardous waste
collection programs and facilities which are usually associated with
solid waste landfills.  There is no impact to the DTSC from the proposed
RD&D permit program.

III.	Lead State Agency

Under Public Resources Code (PRC) section 40508, the Legislature has
identified the CIWMB as the lead state solid waste management agency for
all purposes stated in the federal RCRA and any other federal act
heretofore or hereafter enacted affecting solid waste.  

The statutes and regulations for solid waste management set forth a
clear division of authority between the CIWMB and other state agencies. 
The State Water Board’s authority is established for protection of
water quality, the ARB’s for protection of air quality, and the
DTSC’s for protection from hazardous waste.  The CIWMB’s authority
is established for protection of public health and safety and the
environment, which encompasses the responsibility for all other aspects
of solid waste disposal not within the purview of the other entities.  

The CIWMB and the State Water Board completed a parallel rulemaking
addressing the division of authority as a result of Assembly Bill 1220
(Chapter 656, Statutes of 1993).  Assembly Bill 1220 required
clarification of the roles and responsibilities of the two boards, the
Regional Water Quality Control Boards, and the CIWMB's local enforcement
agencies in regulating solid waste disposal sites. The approved Title 27
regulations, effective July 18, 1997, combined prior disposal
site/landfill regulations of the CIWMB and State Water Board that were
maintained in Title 14 CCR and Chapter 15 of Title 23 CCR, respectively.
 As required by the U.S. EPA, the CIWMB and State Water Board certified
the 27 CCR regulations as consistent with Title 40, Code of Federal
Regulations (40 CFR) Part 258 (promulgated under RCRA Subtitle D).

Under its broad authority for protection of public health and safety,
the CIWMB may take appropriate enforcement action, and implement the
solid waste regulations of other state agencies if those agencies fail
to act.  The CIWMB may order an immediate termination of the RD&D Permit
at any time CIWMB determines that the overall goals of the project are
not being attained, including the protection of public health and safety
and the environment.   

IV.	Coordination and Communication Responsibilities of Lead State Agency

As the lead state solid waste agency, the CIWMB is responsible for
coordination and communication on all aspects of solid waste with U.S.
EPA, including the RCRA Subtitle D Program and RD&D permits.  The
primary point of contact for CIWMB and California implementing agencies
is the Deputy Director of the Permitting and Enforcement (P&E) Division.
 

CIWMB also coordinates notification to U.S. EPA of any potential
significant statutory or regulatory changes to the State’s Subtitle D
RCRA Program.  Summary of non-significant changes to the State’s
Subtitle D Program will be provided to U.S. EPA on an annual basis. 
CIWMB will notify U.S. EPA of significant changes as soon as
practicable, or within a time frame agreed to by the CIWMB and EPA. 
CIWMB will also collaborate with U.S. EPA on appropriate initiatives and
partnerships involving the RCRA Subtitle D Program.  

CIWMB regularly meets with state implementing agencies to discuss and
resolve issues on all aspects of solid waste management, including the
RCRA Subtitle D Program.  In 2000 the implementing state agencies were
moved to the same headquarters building located in Sacramento, greatly
enhancing communication amongst agencies.  

CIWMB and State Water Board emphasize close working relationships with
Local Enforcement Agencies (LEAs) and Regional Water Boards,
respectively.  Continual direct contact and periodic roundtable
discussions are conducted to facilitate communication and resolve
issues.  The CIWMB also coordinates an annual partnership conference
with Local Enforcement Agencies (LEAs) with presentations, working
sessions, and open discussions on various solid waste management topics,
including coordination with and the role of other state  agencies whose
authorities impact solid waste management.  Water Board and CIWMB staff
each participated in the other’s public workshops and discussions
related to adoption of the RD&D regulations and Policy.  Both agencies
regularly attend meetings where water quality and solid waste management
may be an issue..   

V.	Permit Process for RD&D Permits

The RD&D permit process coincides with the existing solid waste landfill
permit processes under 27 CCR regulations overseen by the CIWMB and
State Water Board.  Specifically, 27 CCR 20070 defines the RD&D permit
as the Solid Waste Facilities Permit (SWFP) and WDRs, or if applicable,
the approved final closure and postclosure maintenance plans.  An RD&D
permit is valid only if both the SWFP and the WDR have been issued for
the project, and an RD&D project proponent (operator/discharger) is
required to obtain both.  

An RD&D project proponent must submit a combined permit application to
both the LEA and Regional Water Board that describes the proposed
project and delineates how the applicable statutes and regulations will
be met.  The application requires the submittal of a joint technical
document (JTD), or an amendment to an existing JTD, that includes all
information needed by the Regional Water Board and LEA/CIWMB to issue
the WDR/Permit for the RD&D project.  If the RD&D project will occur
after the facility ceases operation, the application for an RD&D permit
must also include a final closure and postclosure maintenance plan, to
be incorporated by reference in the SWFP.  JTD requirements specific to
RD&D permits are contained in 27 CCR §21595.  Final closure and
postclosure maintenance plan requirements specific to RD&D permits are
contained in 27 CCR §21805 and §21835.

The SWFP and WDRs permit processes for an RD&D permit are parallel. 
Each agency reviews those portions of the JTD that are under its
respective jurisdictions.  Upon determination of a complete and correct
application, the LEA then prepares a SWFP, while the Regional Water
Board prepares the WDR both of which incorporate the RD&D criteria.  For
the SWFP, the LEA forwards the proposed SWFP to the CIWMB for review and
concurrence.  If the CIWMB does not object to the proposed permit, the
LEA may issue the permit.  For the WDR, the Regional Water Board either
adopts or rejects the proposed WDR prepared by the Regional Water Board
staff.  Both the SWFP and WDRs need to be approved and concurred by each
respective Board before the RD&D project could commence operations.  

In accordance with U.S. EPA requirements, an RD&D permit shall not
exceed three years and each renewal of an RD&D permit shall not exceed
three years.  The owner or operator is required to reapply for each
permit renewal and the total term for an RD&D project shall not exceed
twelve years [see 27 CCR §20070(c & f)].  

VI.	Compliance Monitoring and Enforcement

The LEAs (and CIWMB when there is no LEA) and the Regional Water Boards
are the primary agencies for the compliance monitoring and enforcement
requirements of solid waste landfills operating under RD&D permits.  The
CIWMB reviews LEA Programs on an ongoing basis for compliance with all
applicable laws and regulations.  The CIWMB can remove LEAs and take
over as EA if LEAs are inadequate, including LEAs which fail to take
appropriate enforcement action. Subsequent to the original RCRA Subtitle
D Program approval in 1993, the CIWMB has established additional and
more robust enforcement tools in regulation (14 CCR 18350) that enable
the CIWMB to take direct enforcement action without taking over as an
EA.

LEAs are required to inspect solid waste landfills at least monthly. 
CIWMB staff inspect landfills at least once every 18 months in
conjunction with the LEA.  Regional Water Boards inspect landfills at
least annually and more frequently depending upon the threat and
complexity of the landfill.  Both the LEA and Regional Water Board
receive periodic monitoring reports that are required to be submitted by
the respective permits.  For RD&D permits, the owner or operator is
required pursuant to 27 CCR 20700(c)(4) to submit an annual report to
the LEA, CIWMB and Regional Water Board showing whether and to what
extent the site is progressing in attaining project goals.  The report
requires a summary of all monitoring and testing results, as well as any
other operating information specified in the permit and its supporting
documents. 

The EA, CIWMB, or the Regional Water Board may order an immediate
termination of all operations at the facility allowed under the RD&D
permit or impose other corrective measures at any time the EA, CIWMB, or
the Regional Water Board determine that the overall goals of the project
are not being attained, including protection of public health and safety
or the environment (27 CCR, Division 7 of Title 14, and Division 30 of
the Public Resources Code).

The CIWMB, LEA, and Regional Water Board have various progressive
enforcement options specified within their respective statutes and
regulations including administrative orders, administrative penalties,
and judicial remedies if an operator/discharger is not complying with
any solid waste landfill permit standards or criteria.  

VII.     Staff Resources:

California regulates a vast infrastructure of solid waste landfills and
transfer, processing, and composting operations and facilities.  Based
on current estimates, California generates over 88 million tons of solid
waste, disposing about 42 million and diverting over 46 million tons. 
There are 282 solid waste landfills that operated on or after January 1,
1988, and are therefore subject to full 27 CCR closure and postclosure
maintenance plan and financial assurances requirements.  Approximately
150 solid waste landfills are currently active.  There are an additional
527 active transfer/processing facilities and operations and 285 active
composting facilities and operations.

As the designated lead agency for RCRA Subtitle D, the CIWMB currently
has a total of 454 staff dedicated to oversight of solid waste
management in California, including approximately 95 staff assigned to
the Permitting and Enforcement Division which oversees regulation of
solid waste landfills and facilities.  There are approximately 200 staff
at 55 LEA jurisdictions and approximately 70 staff at the State and
Regional Water Boards for the Land Disposal program.

VIII.	Public Participation Procedures

The California Environmental Protection Agency (Cal/EPA) and its Boards,
Departments, and Office (BDOs) accord the highest respect and value to
every individual and community, by developing and conducting public
health and environmental protection programs, policies, and activities
in a manner that promotes equity and affords fair treatment,
accessibility, and protection for all Californians, regardless of race,
age, culture, income, or geographic location (  HYPERLINK
"http://www.calepa.ca.gov/EnvJustice/" 
http://www.calepa.ca.gov/EnvJustice/ ).  Public participation procedures
are summarized in the following web site link:   HYPERLINK
"http://www.calepa.ca.gov/EnvJustice/ActionPlan/PhaseI/February2005/PP_I
nventory.pdf" 
http://www.calepa.ca.gov/EnvJustice/ActionPlan/PhaseI/February2005/PP_In
ventory.pdf . (Attachment 2).

The primary public participation process is the California Environmental
Quality Act (CEQA).  CEQA requires a proponent of significant changes in
landfill operations that would occur as a result of an RD&D permit to
assess, and mitigate or address all environmental effects associated
with the proposed “project” (PRC) Sections 21000 et seq.).  A single
public agency (often a city or county planning department) acts as lead
agency under CEQA, and is responsible for the preparation of all
necessary environmental documents. “Responsible” agencies work with
the lead agency in evaluating and permitting a project.  All CEQA
documents, including Notices of Exemption, Negative Declarations, and
environmental Impact Statements or reports, must be filed with the State
Clearing House (SCH). The SCH distributes copies of the environmental
documents to all affected responsible agencies, all reviewing agencies,
and all interested parties. At the end of the evaluation and review
process, the lead agency files a Notice of Determination (NOD) with the
SCH.  The NOD addresses all significant environmental effects,
mitigation measures, overriding considerations, and findings about a
project.

The Brown Act, (Government Code Sections 54950 et seq.) and the
Bagley-Keene open Meeting Act (government Code Sections 11120 et seq.)
insure public participation in all permitting, compliance monitoring,
corrective actions, and enforcement aspects of solid waste landfills at
local and state levels.

CIWMB considers whether to concur or object to a SWFP at a regularly
scheduled public meeting with opportunity for public comment.  All oral
and written comments from the public are considered before CIWMB issues
a final determination on a permit application.  An agenda is prepared
and notices transmitted prior to the meeting in compliance with state
open meeting statutes.  The draft permit and accompanying staff report
is posted on the CIWMB web site.  Notification of the availability of
the permit/staff report is sent to all interested parties.  File
information is made available for the public to review if requested.  

Similarly, the Regional Water Board considers whether to adopt a WDR at
a regularly scheduled public meeting.  An agenda is prepared prior to
the meeting in compliance with state open meeting statutes.  The draft
WDR and accompanying staff report are posted on the Regional Water Board
web site and transmitted to interested parties in written form if
requested.  All oral and written comments from the public are considered
prior to the Regional Water Board’s final determination on the WDR. 
The State Water Board also reviews actions of the Regional Water Boards
either at the request of aggrieved persons or at its own discretion [CWC
§13320].

Recent legislation has enhanced the public participation process for the
CIWMB and LEAs.  On January 1, 2004 Assembly Bill 1497 (Montanez),
Chapter 823, became effective.  The bill made several changes, including
amendments to Public Resources Code (PRC) 44004. The bill requires an
enforcement agency to submit for public comment its proposed
determination regarding whether a change to the solid waste facility
will be approved.  It also requires at least one public hearing on the
proposed determination, in accordance with specified notice
requirements.  The enforcement agency must provide notice of an
operator's appeal of the enforcement agency's approval of change in the
same manner as notice is provided for the public hearing.  The
enforcement agency must also provide notice, as specified, of the
hearing.  Implementing regulations for Assembly Bill 1497 were
promulgated by CIWMB in 2006 and the applicable public meeting
requirements are contained in 27 CCR 21660.  

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CALIFORNIA’S RESEARCH DEVELOPMENT AND DEMONSTRATION PROGRAM

