Section 25201.3 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25201.3
. (a) A local agency shall not deem any of the following
generators performing any of the following treatment activities to be
a hazardous waste treatment facility for purposes of making a land
use decision, and the department shall not require any of the
following generators or facilities performing any of the following
treatment activities to publish a notice regarding those activities:
(1) A facility operating pursuant to a permit-by-rule.
(2) A generator granted conditional authorization pursuant to this
chapter for specified treatment activities.
(3) A generator performing conditionally exempt treatment pursuant
to this chapter.
(b) For purposes of this section, "land use decision" means a
discretionary decision of a local agency concerning a hazardous waste
facility project, as defined in subdivision (b) of Section 25199.1,
including the issuance of a land use permit or conditional use
permit, the granting of a variance, the subdivision of property, and
the modification of existing property lines pursuant to Title 7
(commencing with Section 65000) of the Government Code, and any local
agency decision concerning a hazardous waste facility which is in
existence and the enforcement of those decisions. This section does
not limit or restrict the existing authority of a local agency to
impose conditions on, or otherwise regulate, facilities,
transportable treatment units or generators operating pursuant to a
permit-by-rule, or a conditional authorization or conditional
exemption pursuant to this chapter.