Section 25199.13 Of Article 8.7. Procedures For The Approval Of New Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.7.
25199.13
. (a) An appeal board convened by the Governor or the
Governor's designee to hear an appeal pursuant to subdivision (d) or
(e) of Section 25199.9 shall follow the procedures and requirements
specified in this section.
(b) Within 30 days after the Governor or the Governor's designee
determines that an appeal board should be convened pursuant to
subdivision (d) or (e) of Section 25199.9, an appeal board shall be
convened and a public hearing held in the city or county where the
specified hazardous waste facility project is located. At the
hearing, the proponent or the interested party and the local agency
whose land use decision is being appealed shall present arguments and
evidence to the appeal board concerning whether or not the appeal
should be accepted.
The arguments and evidence presented to the appeal board convened
pursuant to subdivision (d) of Section 25199.9 shall only concern
whether or not a condition or conditions imposed on the operation of
the facility by the land use decision are so onerous and restrictive
that their imposition is the same as a disapproval of the application
for a land use decision. The arguments and evidence presented to the
appeal board convened pursuant to subdivision (e) of Section 25199.9
shall only concern whether or not a condition or conditions imposed
on the project by the land use decision do not adequately protect the
public health, safety, and welfare.
(c) Within 15 days after the date of the public hearing, the
appeal board shall decide whether or not to accept the appeal. The
appeal board may accept an appeal only by an affirmative vote of five
members of the appeal board. The appeal board shall make its
decision based upon the arguments and evidence presented at the
hearing. The appeal board's decision shall be in writing, shall be
signed by the members who voted in favor of the decision, and shall
state the reasons for accepting or rejecting the appeal. The appeal
board may not accept the appeal unless it finds that the proponent or
interested party has demonstrated a substantial likelihood of
prevailing on the merits if the appeal is accepted for hearing.
(d) If the appeal board accepts the appeal, within 30 days after
this decision, the appeal board shall hold a public hearing in the
city or county where the specified hazardous waste facility project
is located to hear the arguments and evidence it requires to make a
decision on the appeal. The appeal board shall restrict the scope of
the hearing to those matters which the appeal board determines are
directly related to the subject matter of the appeal. In making a
decision pursuant to the hearing, the appeal board shall adopt a
rebuttable presumption that the local agency's land use decision is
supported by substantial reasons and that there are no compelling
reasons to modify it. In all matters related to the appeal, the
burden of proof shall be with the proponent or the interested party
to rebut this presumption and to establish, by clear and convincing
evidence, that there are compelling reasons to modify the local
agency's land use decision.
(e) Within 30 days after the public hearing, the appeal board
shall, by an affirmative vote of at least five members, issue a
decision on the appeal. The decision shall be written, shall be
signed by the members in favor of the decision, and shall include the
reasons for the decision.
(f) If the appeal board is convened by the Governor or the
Governor's designee pursuant to subdivision (d) of Section 25199.9,
the appeal board shall not issue a decision modifying the local
agency land use decision, unless the appeal board finds that there is
clear and convincing evidence that one or more conditions imposed on
the facility by the land use decision are so onerous and restrictive
that their imposition is the same as a disapproval of the
application for a land use decision. If the appeal board agrees with
the proponent concerning these conditions, the appeal board shall
require the local agency to modify the condition or conditions
imposed by the land use decision, as the appeal board deems
necessary. If the local agency does not modify the terms of the local
land use decision, as required by the appeal board, the Attorney
General shall bring an action to require the local agency to modify
the local land use decision in accordance with the determination of
the appeal board.
(g) If the appeal board is convened by the Governor or the
Governor's designee pursuant to subdivision (e) of Section 25199.9,
the appeal board shall not issue a decision approving the appeal of
the interested person unless the appeal board finds that there is
clear and convincing evidence that the land use decision approved by
the local agency failed to impose one or more conditions necessary to
protect the public health, safety, or welfare. If the appeal board
approves the appeal of the interested person concerning these
conditions, the appeal board shall require the local agency to modify
the land use decision in accordance with the appeal board's
decision. If the local agency does not modify the land use decision
as required by the appeal board, the Attorney General shall bring an
action to require the local agency to modify the land use decision in
accordance with the determination of the appeal board.