Section 25199.9 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.
25199.9
. (a) A proponent may file an appeal of a land use decision
made by a local agency for a specified hazardous waste facility
project with the Governor or the Governor's designee pursuant to
subdivision (b), (c), or (d) and any interested person may file an
appeal of a land use decision made by a local agency for a specified
hazardous waste facility project pursuant to subdivision (e). The
proponent or an interested person shall file the appeal within 30
calendar days after the date the local agency takes final action on
the land use decision. If the proposed project would accept or manage
both hazardous waste and solid waste, the appeal shall relate only
to the local land use decision concerning the hazardous waste portion
of the proposed facility. Any decisions of an appeal board involving
the proposed facility shall affect only the hazardous waste portion
of the local land use decision.
(b) If an application for a land use decision for a specified
hazardous waste facility project is disapproved by a local agency,
the proponent for the specified hazardous waste facility project may
file an appeal of the disapproval with the Governor or the Governor's
designee. The Governor or the Governor's designee shall convene an
appeal board pursuant to Section 25199.10 to hear the appeal pursuant
to this subdivision if the proponent has applied for, and obtained,
all permits for the specified hazardous waste facility project which
can be obtained before construction from those responsible agencies
which are state agencies.
(c) (1) Notwithstanding subdivision (b), if an application for a
land use decision for a specified hazardous waste facility project is
disapproved by a local agency before an environmental impact report
for the project is prepared and certified, as specified in Section
21151 of the Public Resources Code, or before a negative declaration
for the project is adopted pursuant to subdivision (c) of Section
21080 of the Public Resources Code, the proponent may file an appeal
of the disapproval with the Governor or the Governor's designee.
(2) Within 30 days after an appeal is filed pursuant to this
subdivision, the Governor or the Governor's designee shall convene an
appeal board, pursuant to Section 25199.10. The appeal board shall
thereafter be the lead agency for the specified hazardous waste
facility project and shall perform the duties specified in, and carry
out the actions required by, Division 13 (commencing with Section
21000) of the Public Resources Code. The proponent may apply for
those permits for the specified hazardous waste facility project
which can be obtained before construction from those responsible
agencies which are state agencies, at any time before or after the
appeal board's compliance with actions required by Division 13
(commencing with Section 21000) of the Public Resources Code. The
time limits specified in subdivisions (a), (b), and (c) of Section
25199.6 apply to these responsible agencies except that, for the
purposes of these time limits, the date when the appeal board has
complied with all actions required by Division 13 (commencing with
Section 21000) of the Public Resources Code shall be deemed
equivalent to the date when a lead agency decides to approve or
disapprove a project.
(3) After the proponent has applied for and obtained the permits
specified in paragraph (2), the proponent for the specified hazardous
waste facility project may request the Governor or the Governor's
designee to reconvene the appeal board to hear the appeal. The
Governor or the Governor's designee shall reconvene the appeal board
pursuant to Section 25199.10 to hear the appeal of a disapproval
pursuant to this subdivision if it has been demonstrated to the
Governor or the Governor's designee that the proponent has applied
for, and obtained, all permits for the specified hazardous waste
facility project which can be obtained before construction from those
responsible agencies which are state agencies.
(d) If an application for a land use decision for a specified
hazardous waste facility project is approved by a local agency, the
proponent for the specified hazardous waste facility project may file
an appeal of one or more conditions imposed by the land use decision
with the Governor or the Governor's designee. An appeal filed under
this subdivision shall specify the particular condition or conditions
imposed by the land use decision that are appealed and shall be
based solely on the grounds that the 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 Governor
or the Governor's designee shall convene an appeal board pursuant to
this subdivision if the proponent has applied for, and obtained, all
permits for the specified hazardous waste facility project which can
be obtained prior to its construction from those responsible agencies
which are state agencies.
(e) If an application for a land use decision for a specified
hazardous waste facility project is approved by a local agency, any
interested person may file an appeal of the approval with the
Governor or the Governor's designee. An appeal may be filed pursuant
to this subdivision only if the appeal is based solely on the grounds
that the conditions imposed on the project by the land use decision
do not adequately protect the public health, safety, or welfare. The
Governor or the Governor's designee shall convene an appeal board
pursuant to this subdivision if the proponent for the specified
hazardous waste facility project has applied for, and obtained, all
permits for the project which can be obtained prior to its
construction from those responsible agencies which are state
agencies. An interested person filing an appeal pursuant to this
subdivision shall state in the appeal why the conditions imposed by
the land use decision do not adequately protect the public health,
safety, or welfare and shall specify the additional condition or
conditions which are necessary to provide that protection.