17.176.090 Modifications and Amendments

Chapter 17.176 HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITE CERTIFICATE OF DESIGNATION

17.176.090 Modifications and Amendments.

The certificate holder shall notify the County of any proposed modifications or changes in operations, ownership or design for its hazardous waste incinerator or processor, which involve matters that are the subject of or contained in the Certificate of Designation, its application, amendments or previous modifications. All such modifications and changes shall be referred to as modifications under this Article. Modifications that are internal to the facility and that are not expected to have external impacts shall not require advance notice to the County if: a) such notice is impracticable; and b) notice is provided to the County within three (3) business days of implementation of the modification. The certificate holder shall assume all risks with respect to any modification implemented prior to notice pursuant to this paragraph.

Within ten (10) days of receipt of a modification notice, the County shall notify the certificate holder of the County’s classification of the modification.

1.   Class A modifications are those for which the County requires no additional information or input from the certificate holder. No further action shall be taken by the County on Class A modifications.

2.   Class B modifications are those for which the County requires additional information or input. If the County classifies a modification as Class B, it shall modify the certificate holder whether the informal or formal process described below is contemplated. Modifications initially categorized as informal or formal may later be recategorized by the County.

a.   Informal Class B modifications require only additional information, explanation or discussion with the County. The County shall notify the certificate holder of any decision rendered within five (5) business days of its receipt of the additional information.

b. Formal Class B modifications require a more detailed review process.

i. The County shall provide a twenty day public notice and comment period for formal Class B modifications. Any additional information provided by the certificate holder shall be made available to the public for review during the comment period. Class B modifications may also necessitate a hearing and/or an amendment to the Certificate of Designation.

ii. If a hearing is required, a notice shall be issued at least ten (10) days before the hearing and that hearing shall be held within thirty (30) days of the close of the public comment period. The County shall notify the certificate holder of any decision rendered within five (5) days of completion of the hearing. c. No modification selected for the Class B review process shall be implemented until that process is complete.

3. Class C modifications are those that would modify the ownership, design, or operations described in the existing Certificate of Designation so substantially that an amendment process is warranted. If a modification is classified as a Class C modification, the certificate holder shall proceed with an amendment application pursuant to below.

The certificate holder shall supply to the County and maintain a list of all modifications notices produced pursuant to this Article. The certificate holder shall also maintain in its files or records all supporting documentation or drawings related to such notices.

The County may change its initial classification of a proposed modification if it deems such change necessary. Members of the public may make a request to the County to change its initial classification within thirty (30) days of the County’s receipt of the modification notice.

Any certificate holder desiring to amend its certificate of designation, or required to do so pursuant to a County classification of a modification as a Class C modification, may do so by filing an application for such amendment with the County. The application for an amendment shall include and address all of the information and submittal requirements contained in these regulations for an application for the initial certificate and shall be processed by the County in the same manner as an initial certificate application. Information or submittals that remain unchanged from the initial certificate application need not be readdressed or resubmitted, but, instead, the unchanged section or submittal may be incorporated by reference into the amendment application.