§ 66270.32. Establishing Permit Conditions.

(a) In addition to conditions required in all permits (section 66270.30), the Department shall establish conditions, as required on a case-by-case basis, in permits under section 66270.50 (duration of permits), section 66270.33(a) (schedules of compliance), section 66270.31 (monitoring), section 66270.33(b) (alternate schedules of compliance), and section 66270.3 (considerations under Federal law).

(b)(1) Each permit shall include permit conditions necessary to achieve compliance with the statutes and regulations, including each of the applicable requirements specified in chapters 14, 16, and 18 of this division. In satisfying this provision, the Department may incorporate applicable requirements of chapters 14, 16 and 18 of this division directly into the permit or establish other permit conditions that are based on these chapters.

(2) In addition to conditions required in all permits, each permit issued shall contain terms and conditions as the Department determines necessary to protect human health and the environment.

(c) An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit or prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 66270.41. Section 66271.13 (reopening of comment period) provides a means for reopening permit proceedings at the discretion of the Department where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable.

(d) New or reissued permits, and to the extent allowed under section 66270.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in section 66270.31.

(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.32.