25404.2
. (a) The unified program agencies in each jurisdiction
shall do all of the following:
(1) (A) The certified unified program agency shall develop and
implement a procedure for issuing, to a unified program facility, a
unified program facility permit that would replace any permit
required by Section 25284 and any permit or authorization required
under any local ordinance or regulation relating to the generation or
handling of hazardous waste or hazardous materials, but that would
not replace a permit issued pursuant to a local ordinance that
incorporates provisions of the California Fire Code and California
Building Code.
(B) The unified program facility permit, and, if applicable, an
authorization to operate pursuant to a permit-by-rule, conditional
authorization, or conditional exemption, pursuant to Chapter 6.5
(commencing with Section 25100) or the regulations adopted by the
department, are the only grants of authorization required under the
unified program elements specified in subdivision (c) of Section
25404.
(C) The unified program agencies shall enforce the elements of a
unified program facility permit in the same manner as the permits
replaced by the unified program facility permit would be enforced.
(D) If a unified program facility is operating pursuant to the
applicable grants of authorization that would otherwise be included
in a unified program facility permit for the activities in which the
facility is engaged, the unified program agencies shall not require
that unified program facility to obtain a unified program facility
permit as a condition of operating pursuant to the unified program
elements specified in subdivision (c) of Section 25404 and any permit
or authorization required under any local ordinance or regulation
relating to the generation or handling of hazardous waste or
hazardous materials.
(E) This subparagraph applies to unified program facilities that
have existing, not yet expired, grants of authorization for some, but
not all, of the authorization requirements encompassed in the
unified program facility permit. When issuing a unified program
facility permit to such a unified program facility, the unified
program agency shall incorporate, by reference, into the unified
program facility permit any of the facility's existing, not yet
expired, grants of authorization.
(2) To the maximum extent feasible within statutory constraints,
the certified unified program agency, in conjunction with
participating agencies, shall consolidate, coordinate, and make
consistent any local or regional regulations, ordinances,
requirements, or guidance documents related to the implementation of
subdivision (c) of Section 25404 or pursuant to any regional or local
ordinance or regulation pertaining to hazardous waste or hazardous
materials. This paragraph does not affect the authority of a unified
program agency with regard to the preemption of the unified program
agency's authority under state law.
(3) The certified unified program agency, in conjunction with
participating agencies, shall develop and implement a single, unified
inspection and enforcement program to ensure coordinated, efficient,
and effective enforcement of subdivision (c) of Section 25404, and
any local ordinance or regulation pertaining to the handling of
hazardous waste or hazardous materials.
(4) The certified unified program agency, in conjunction with
participating agencies, shall coordinate, to the maximum extent
feasible, the single, unified inspection and enforcement program with
the inspection and enforcement program of other federal, state,
regional, and local agencies that affect facilities regulated by the
unified program. This paragraph does not prohibit the unified program
agencies, or any other agency, from conducting inspections, or from
undertaking any other enforcement-related activity, without giving
prior notice to the regulated entity, except if the prior notice is
otherwise required by law.
(b) An employee or authorized representative of a unified program
agency or a state agency acting pursuant to this chapter has the
authority specified in Section 25185, with respect to the premises of
a handler, and in Section 25185.5, with respect to real property
that is within 2,000 feet of the premises of a handler, except that
this authority shall include inspections concerning hazardous
material, in addition to hazardous waste.
(c) Each air quality management district or air pollution control
district, each publicly owned treatment works, and each office,
board, and department within the California Environmental Protection
Agency, shall coordinate, to the maximum extent feasible, those
aspects of its inspection and enforcement program that affect
facilities regulated by the unified program with the inspection and
enforcement programs of each certified unified program agency.
(d) The certified unified program agency, in conjunction with
participating agencies, may incorporate, as part of the unified
program within its jurisdiction, the implementation and enforcement
of laws that the unified program agencies are authorized to implement
and enforce, other than those specified in subdivision (c) of
Section 25404, if that incorporation will not impair the ability of
the unified program agencies to fully implement the requirements of
subdivision (a).
(e) (1) The withdrawal of an application for a unified program
facility permit after it has been filed with the unified program
agency shall not, unless the unified program agency consents in
writing to the withdrawal, deprive the unified program agencies of
their authority to institute or continue a proceeding against the
applicant for the denial of the unified program facility permit upon
any ground provided by law, and this withdrawal shall not affect the
authority of the unified program agencies to institute or continue a
proceeding against the applicant pertaining to any violation of the
requirements specified in subdivision (c) of Section 25404 or of any
local ordinance or regulation relating to the generation or handling
of hazardous waste or hazardous materials.
(2) The suspension, expiration, or forfeiture by operation of law
of a unified program facility permit, or its suspension, forfeiture,
or cancellation by the unified program agency or by order of a court,
or its surrender or attempted or actual transfer without the written
consent of the unified program agency shall not affect the authority
of the unified program agencies to institute or continue a
disciplinary proceeding against the holder of a unified program
facility permit upon any ground, or otherwise taking an action
against the holder of a unified program facility permit on these
grounds.