Cal. Code Regs. Tit. 14, § 15081.5 - EIRs Required by Statute
(a)
A lead agency shall prepare or have prepared an EIR for the following types of
projects. An initial study may be prepared to help identify the significant
effects of the project.
(1) The burning of
municipal wastes, hazardous wastes, or refuse-derived fuel, including but not
limited to tires, if the project is either:
(A) The construction of a new facility;
or
(B) The expansion of an existing
facility that burns hazardous waste that would increase its permitted capacity
by more than 10 percent. This does not apply to any project exclusively burning
hazardous waste for which a determination to prepare a negative declaration, or
mitigated negative declaration or environmental impact report was made prior to
July 14, 1989. The amount of expansion of an existing facility is calculated
pursuant to subdivision (b) of Section
21151.1
of the Public Resources Code.
(C)
Subdivision (1) of the subdivision does not apply to:
1. Projects for which the State Energy
Resources Conservation and Development Commission has assumed jurisdiction
pursuant to Chapter 6 (commencing with Section
25500)
of Division 15 of the Public Resources Code.
2. Any of the types of burn or thermal
processing projects listed in subdivision (d) of Section
21151.1
of the Public Resources Code.
(2) The initial issuance of a hazardous waste
facilities permit to a land disposal facility, as defined in subdivision (d) of
Section
25199.1
of the Health and Safety Code. Preparation of an EIR is not mandatory if the
facility only manages hazardous waste which is identified or listed pursuant to
Section
25140
or Section
25141
of the Health and Safety Code on or after January 1, 1992; or only conducts
activities which are regulated pursuant to Chapter 6.5 (commencing with Section
25100)
of Division 20 of the Health and Safety Code on or after January 1, 1992.
"Initial issuance" does not include the issuance of a closure or postclosure
permit pursuant to Chapter 6.5 (commencing with Section
25100)
of Division 20 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste
facility permit pursuant to Section
25200
of the Health and Safety Code to an off-site large treatment facility, as
defined pursuant to subdivision (d) of Section 25205.1 of that code.
Preparation of an EIR is not mandatory if the facility only manges hazardous
waste which is identified or listed pursuant to Section
25140
or Section
25141
of the Health and Safety Code on or after January 1, 1992; or only conducts
activities which are regulated pursuant to Chapter 6.5 (commencing with Section
25100)
of Division 20 of the Health and Safety Code on or after January 1, 1992.
"Initial issuance" does not include the issuance of a closure or postclosure
permit pursuant to Chapter 6.5 (commencing with Section
25100)
of Division 20 of the Health and Safety Code.
(4) Any open pit mining operation which is
subject to the permit requirements of the Surface Mining and Reclamation Act
(beginning at Section
2710
of the Public Resources Code) and which utilizes a cyanide heap-leaching
process for the purpose of extracting gold or other precious metals.
(5) An initial base reuse plan as defined in
Section 15229.
(b) A lead agency shall prepare or have
prepared an EIR for the selection of a California Community College, California
State University, University of California, or California Maritime Academy
campus location and approval of a long range development plan for that campus.
(1) The EIR for a long range development plan
for a campus shall include an analysis of, among other significant impacts,
those environmental effects relating to changes in enrollment levels.
(2) Subsequent projects within the campus may
be addressed in environmental analyses tiered on the EIR prepared for the long
range development plan.
Notes
2. Change without regulatory effect amending subsection (a)(1)(C) and amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.09, 21083.8.1, 21151.1 and 21151.7, Public Resources Code.
2. Change without regulatory effect amending subsection (a)(1)(C) and amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
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