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Caufield & James, L.L.P

Serving clients in Hawaii and throughout California, including Sacramento, Los Angeles, Chico, Jackson and San Diego

Call Us Now Toll-Free

How to appeal a denied hazardous waste disposal permit

How to appeal a denied hazardous waste disposal permit

On Behalf of | Apr 19, 2022 | Environmental Law

Managing hazardous waste in California is more challenging than many people realize. There is a plethora of local, state, and federal regulations that you have to abide by, and failing to adhere to them can result is serious penalties. That’s why if your business deals in hazardous materials of any kind, then you need to have an understanding of the permit process as well as how to appeal a permit denial.

What to do when your petition for a permit is denied

If you seek a permit for hazardous waste disposal and are denied, then you have the ability to appeal that decision. In order to do so, you need to submit documentation to the Department of Toxic Substances Control.

This documentation must include a written statement that specifies why your denial should be reviewed, including that the issue in question was brought up during public comment or that there have been changes since that time. You’ll also have to argue in the written statement how the denial was based on a finding of fact or conclusion of law that was erroneous, or that policy considerations warrant further review.

Remember that you have a short timeframe within which to submit your request for appeal. You need to have your documentation submitted withing 30 days of the initial permit denial.

What happens once the written statement is submitted?

At this point, the DTSC will review your written statement and either allow the appeal or deny it. If the appeal is allowed, then there will be a briefing schedule issued during which time you and any opponents can submit arguments. Once that period closes, the DTSC will then review the briefs and issue a ruling.

Do you need help navigating your permitting issue?

Keep in mind that this is a simplification of the permit appeal process, and that the process can actually be quite nuanced. A single misstep can spell disaster for your argument, too, which is why you may find it beneficial to navigate these matters with the assistance of an experienced environmental law attorney of your choosing.

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