Section 25199.8 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.
25199.8
. (a) If an action or proceeding has been commenced in any
court to attack, review, set aside, void, or annul the acts or
decisions of a lead agency for a specified hazardous waste facility
project on the grounds of noncompliance with Division 13 (commencing
with Section 21000) of the Public Resources Code, the proponent may,
notwithstanding the action or proceeding, request the responsible
agencies for the specified hazardous waste facility project to
continue to process applications for approval of permits for the
project received and accepted as complete by each responsible agency.
If a responsible agency receives such a request, the time limits
specified in subdivisions (a), (b), and (c) of Section 25199.6 shall
apply.
(b) Except as provided in subdivision (d), if any action or
proceeding is commenced to review the acts or decisions of a lead or
responsible agency for a specified hazardous waste facility project,
the proponent may petition the court to stay the action or
proceeding. The court, in its discretion, may stay the action or
proceeding until all public agencies for the project have completed
reviewing and approving or disapproving the applications for permits
for the project. The proponent may, at any time prior to completion
of these actions by the lead or responsible agencies, file a petition
with the court requesting that the action or proceeding be permitted
to proceed and, upon receiving such a petition, the court shall
discontinue the stay.
(c) Notwithstanding subdivision (b), a court may enjoin a lead or
responsible agency from approving a permit or license if the court
finds that the approval would result in an imminent or substantial
endangerment of the public health or the environment or if there are
other compelling reasons that the action or proceeding should not be
stayed.
(d) Subdivision (b) does not apply to an action or proceeding
which alleges that a lead or responsible agency has not complied with
Division 13 (commencing with Section 21000) of the Public Resources
Code.