Permit Appeals Frequently Asked Questions
Where Should a Petition for an Appeal be Submitted?
All documents pertaining to a Permit Appeal should be submitted to the Permit Appeals Officer at the following address:
Department of Toxic Substances Control
Documents will be deemed filed on the date the e-mail was sent or on the U.S. Postal Service postmark date. Hand delivered documents will be date stamped and filed on the date received.
What is the Deadline for Filing an Appeal?
Is a Fee Payment Required to File an Appeal with DTSC?
No. There is no fee required to file an appeal with DTSC.
Who May File an Appeal?
What Must an Appeal Contain?
An appeal must contain:
Failure to include in writing the above elements are grounds for denying the petition for review. DTSC examines the petition for review to determine if these prerequisites have been met and if the petition falls within DTSC’s purview.
A petitioner who participated during the public comment period must show that the issue being appealed was raised during the public comment period or was not reasonably ascertainable at that time. Otherwise, a petitioner must show that the issue involves changes from the draft permit to the final permit.
The appeal issues must arise from DTSC’s permit. DTSC does not have the authority to review permits granted by other agencies or operations that are not regulated by DTSC. Issues pertaining to compliance with the California Environmental Quality Act (CEQA) are reviewable pursuant to that Act (Public Resources Code section 21000 et seq.,).
The Statement of Reasons should be specific as to the issues being appealed, the reasons for the appeal and the information supporting the reasons. Vague and nonspecific allegations are insufficient to meet the requirements for granting review. For example, general allegations objecting to the existence of the facility or general allegations that the facility is a hazard would be insufficient.
How Soon Must DTSC Respond to a Petition?
DTSC is required to act on a petition within a reasonable time. It is DTSC’s practice to notify a petitioner within 30 days of receipt of a petition that the petition has been received and that the petition is under review.
How Long Does the Entire Appeal Process Take from Start to Finish?
The actual time it takes to process an appeal varies with the complexity of the appeal and the number of comments that are submitted. It is DTSC’s intent to issue its decision to grant or deny a petition for review within 90 days. When DTSC grants a petition for review, it is DTSC’s intent to issue a final decision on the petition within 270 days.
How May DTSC Respond to a Petition for Review?
DTSC must either grant or deny the petition for review in writing. Granting the petition means that DTSC will consider the issue on its merits, not necessarily that it will make the changes requested by the petitioner.
If DTSC Denies the Petition, What is the Next Step?
DTSC must send a written notice of denial to the person or persons who requested the review. DTSC will also notify the permit applicant of DTSC’s decision. DTSC’s decision becomes final on the day the order is mailed.
If DTSC Grants the Petition, What are the Next Steps?
How Long Does the Entire Appeal Process Take From Start to Finish?
There is no regulatory deadline, and time will vary with the complexity of the appeal and the number of comments that are submitted. As a matter of policy, DTSC endeavors to complete even the most complex appeal within 270 days.
What Happens to the Permit if Portions of the Permit are Appealed?
What Recourse is Available After DTSC’s Decision Becomes Final?
To appeal further, a petition for judicial review must be filed with the court within 90 days of the date that notice of DTSC’s final decision is served. (Health and Safety Code Section 25186.1, subd. (b)(2).). DTSC’s final decision takes effect on the date of mailing of the order is mailed unless it is stayed by a court.
Are Permit Appeal Documents Available on the Internet?
DTSC will post permit appeal documents on its Web site including notices, petitions for review, appeal arguments and final decisions.
What Laws Govern DTSC's Permit Appeals?
The permit appeal process for grants, issuance, modifications, and denials is set forth in the California Code of Regulations, Title 22, section 66271.18 which implements Health and Safety code section 25186.1.