SISKIYOU COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 2.4 - APPLICATIONS


A. Applications

Every application for an Authority to Construct or Permit to Operate shall be filed in the manner and form prescribed by the Control Officer and shall give all the information necessary to enable the Control Officer to make the determination required by these regulations.

B. Complete Applications

The Control Officer shall determine whether an application is complete not later than 30 days after receipt of the application or after such longer time as both the applicant and the Control Officer may agree. If the Control Officer determines that the application is not complete, the applicant shall be notified in writing of the decision specifying the information required. Upon receipt of any resubmittal of the application, a new thirty (30)-day period to determine completeness shall begin. Completeness of an application shall be evaluated on the basis of the List/Criteria set forth in Appendix A. Upon determination that the resubmitted application is complete, the Control Officer shall notify the applicant in writing. The Control Officer may, at any time during the processing of the application, request an applicant to clarify, amplify, correct, or otherwise supplement the information submitted in the application.

C. Final Action

Unless an extension of any applicable time limit is mutually agreed to in writing by a project applicant and the District, in the manner specified below, where the District is the lead agency under the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., for a development project requiring an Authority to Construct or Permit to Operate, the control Officer shall take final action to grant or deny the application within whichever of the following periods applies:

  1. One hundred eighty (180) days from the date of certification by the District of the Environmental Impact Report, if an Environmental Impact Report is prepared pursuant to section 21100 or 21151 of the Public Resources Code for the development project.
  2. Sixty (60) days from the date of adoption by the District of the negative declaration, if a negative declaration is completed and adopted for the development project.
  3. Sixty (60) days from the determination by the District that the project is exempt from CEQA, if the project is exempt from CEQA.
  4. Ninety (90) days from the date of adoption of a combined Environmental Impact Report/Environmental Impact Statement.

When, after making a CEQA determination regarding an Authority to Construct for a development project, the District receives an application for a Permit to Operate for that same project, the Control Officer shall take final action to grant or deny the application for the Permit to Operate within one hundred eighty (180) days after accepting the application as complete, unless the APCO determines that supplemental environmental review is required under CEQA. In the event the APCO determines that supplemental environmental review is required, the Control Officer shall take final action to grant or deny the application for the Permit to Operate within whichever of the above time periods applies to the new CEQA determination (e.g., 180 days from the certification of a subsequent or supplemental EIR, 90 days from the adoption of a subsequent negative declaration, etc.)

These time limits may be extended once upon mutual written agreement of the applicant and the District for a period not to exceed ninety (90) days from the date of the extension.

Where the District is not the lead agency under CEQA, the Control Officer shall take final action to grant or deny the application within one hundred eighty (180) days after accepting the application as complete.

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