Section 25198.4 Of Article 8.6. Development Of Hazardous Waste Management Facilities On Indian Country From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.6.
25198.4
. (a) A tribe shall be eligible for technical assistance to
the extent feasible, from the agencies specified in subdivision (b)
of Section 25198.3, for the design, establishment, and implementation
of a permit system, cooperative monitoring programs, a tribal
enforcement system, and implementation of any other regulatory
requirement.
(b) Each cooperative agreement shall provide for reasonable
compensation to relevant state agencies for costs and expenses
incurred by the state in connection with technical assistance
provided to the tribe for the regulatory activities provided in this
article, including, but not limited to, monitoring, enforcement,
permitting, review, and other activities described in this article,
and the reviews required by Section 25198.3, on a nondiscriminatory
basis when compared with similar services to similar projects outside
of Indian country.
(c) Each cooperative agreement shall provide for the sharing of
appropriate data and other information between any tribal regulatory
body, any federal agency, the owner or operator, and applicable state
agencies, including, but not limited to, all monitoring data
collected respecting the hazardous waste facility. The agreement
shall provide for confidentiality of privileged, proprietary, or
trade secret information.
(d) Each cooperative agreement shall include a dispute resolution
mechanism for addressing issues of contract interpretation arising
out of the cooperative agreement.
(e) The parties to a cooperative agreement executed pursuant to
this article may mutually agree to modifications of time periods for
actions which are required by this article, except the time periods
provided for public notice, review, and comment shall not be
eliminated or reduced.
(f) Each cooperative agreement shall require the relevant state
agencies to provide detailed comments regarding completeness within
30 days after receiving copies of applications filed for tribal and
applicable federal permits with respect to the deficiencies, if any,
of the application with respect to the state standards identified in
Section 25198.3. The failure of any of these state agencies to
provide those comments within that period shall be deemed a finding
of completeness of the respective applications.
(g) Each cooperative agreement shall provide for reasonable access
by state agency personnel to Indian country governed by a tribe
which has executed a cooperative agreement pursuant to this article
for purposes of assistance with permit application review,
inspection, and monitoring of operation of a hazardous waste
facility. The cooperative agreement shall also provide for reasonable
access for purposes of permit application review and inspection, to
the extent the state can provide that access, by tribal regulatory
authorities to transfer stations, or similar facilities, located
outside of Indian country and handling waste to be transferred to
tribal lands.