2013 California Health and Safety Code 57053 – (a) Any responsible party may request the office to…
Current as of: 2013 | Check for updates
|
Other versions
(a) Any responsible party may request the office to
designate a consolidated permit agency for a repair or maintenance
project to administer the processing and issuance of a consolidated
permit for the repair or maintenance project subject to this
division. The office is not authorized to act pursuant to this
chapter in the absence of a request by a responsible party. The
office shall designate a consolidated permit agency within 30 days
from the date that the request was received.
(b) A responsible party that requests the designation of a
consolidated permit agency shall provide the office with a
description of the repair or maintenance project, a preliminary list
of the repair or maintenance project permits that the repair or
maintenance project may require, the identity of any public agency
that has been designated the lead agency for the repair or
maintenance project pursuant to Chapter 4.5 (commencing with Section
65920) of Division 1 of Title 7 of the Government Code or Division 13
(commencing with Section 21000) of the Public Resources Code, and
the identity of the participating permit agencies. The office may
request any information from the responsible party that is necessary
to make the designation under subdivision (a), and may convene a
scoping meeting of the likely consolidated permit agency and
participating permit agencies to make that designation.
(c) In those cases where a public agency is the lead agency for
purposes of Chapter 4.5 (commencing with Section 65920) of Division 1
of Title 7 of the Government Code or Division 13 (commencing with
Section 21000) of the Public Resources Code, that agency shall be the
consolidated permit agency. In other cases, the following factors
shall be considered in determining which public agency has the
greatest overall jurisdiction over the repair or maintenance project:
(1) The type of facility or structure that is the subject of the
proposed repair or maintenance project.
(2) The nature of the threat that a failure to repair and maintain
the structure or facility poses to public health or safety or to the
environment, including the environmental medium that may be affected
by a failure to repair and maintain the structure or facility.
(3) The environmental and human health and safety concerns that
should be considered in properly carrying out the repair or
maintenance project.
(4) The statutory and regulatory standards applicable to the
repair or maintenance project.
(d) The consolidated permit agency shall serve as the main point
of contact for the responsible party with regard to the processing of
the consolidated permit for the repair or maintenance project and
shall coordinate the procedural aspects of the processing consistent
with existing laws governing the consolidated permit agency and
participating permit agencies, and with the procedures agreed to by
those agencies in accordance with Section 57053.1. In carrying out
those responsibilities, the consolidated permit agency shall ensure
that consolidated permit applicant has all of the information needed
to apply for all of the component repair or maintenance project
permits that are incorporated in the consolidated permit, coordinate
the review of those repair or maintenance project permits by the
respective participating permit agencies, ensure that timely permit
decisions are made by the participating permit agencies, and assist
in resolving any conflict or inconsistency among the repair or
maintenance project permit requirements and conditions that are to be
imposed by the participating permit agencies with regard to the
repair or maintenance project.
(e) This division shall not be construed to limit or abridge the
authority or responsibilities of any participating permit agency
pursuant to the law that authorizes or requires the agency to issue a
permit for a repair or maintenance project or to grant any agency
any new powers independent of those granted by other laws. Each
participating permit agency shall retain its authority to make all
decisions on all nonprocedural matters with regard to the respective
component repair or maintenance project permit that is within the
scope of its authority or responsibility, including, but not limited
to, the determination of permit application completeness, permit
approval or approval with conditions, or permit denial. The
consolidated permit agency may not substitute its judgment for that
of a participating permit agency on any such nonprocedural matters.