Common use of State Permitting Clause in Contracts

State Permitting. The State is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifying, reissuing and terminating RCRA permits for those hazardous waste treatment, storage, and disposal facilities subject to the authorized provisions of the State's program. The State will do so in a manner consistent with RCRA, as amended by HSWA, this MOA, all applicable Federal requirements, the State's Program Description, the Grant Work Plan, and other State requirements. The State commits to meeting the applicable GPRA RCRA permitting goal, as negotiated in the Grant Work Plan. The State's permitting process will conform to 9 VAC ▇▇-▇▇-▇▇▇ and 9 VAC ▇▇-▇▇-▇▇▇, which are analogous to 40 CFR Parts 124 and 270. The State agrees to issue, modify or reissue all permits contained in the authorized portions of the State's program in accordance with 9 VAC ▇▇-▇▇-▇▇▇, which is analogous to 40 CFR Part 270, and to include as permit conditions all applicable provisions of 9 VAC ▇▇-▇▇-▇▇▇, which is analogous to 40 CFR Part 264. This MOA also applies to permits issued after final authorization, but for which the processing may have begun before final authorization. In permits issued pursuant to the State's Program, the State will ensure that compliance tasks are described in clear, unambiguous and plain language to the extent practicable. The compliance tasks should be clear, measurable and definable thereby lending themselves to greater enforceability. For example: "Conduct periodic inspections" should be replaced with "Inspect on a daily/weekly/biweekly/monthly basis. A log book documenting inspections will be maintained at the facility for a period of 3 years." The State agrees that any compliance schedule contained in permits it issues will require compliance with applicable standards as soon as possible. The State agrees to consider all comments that EPA makes on permit applications and draft permits before issuing the permit or making the modification. The State will satisfy or refute in writing any EPA written comments on a particular permit application, proposed permit modification, or draft permit before issuing the permit or making the modification. In addition, the State agrees not to issue a permit or approve a modification in dispute until the Regional Administrator and the Director have exercised the dispute process in Section V. C. below. The State agrees that no permit will be issued unless the public notice requirements are met, in accordance with 9 VAC ▇▇-▇▇-▇▇▇. The State agrees to submit to EPA no less than forty-five (45) days prior to public notice those draft permits or proposed permit modifications identified for oversight in the Grant Work Plan. The State agrees to submit copies of all final permits to EPA within ten (10) days of issuance.

State Permitting. The State is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifying, reissuing and terminating RCRA permits for those hazardous waste treatment, storage, and disposal facilities subject to the authorized provisions of the State's ’s program. The State will do so in a manner consistent with RCRA, as amended by HSWA, this MOA, all applicable Federal requirements, the State's ’s Program Description, the Grant Work Plan, and other State requirements. The State commits to meeting meet the applicable 2005 GPRA RCRA permitting goal, as negotiated which requires that at least 90% of existing hazardous waste management facilities have approved controls in the Grant Work Planplace to prevent dangerous releases to air, soil and groundwater. The State's ’s permitting process will conform to 9 VAC ▇▇-▇▇-▇▇▇ and 9 VAC ▇▇-▇▇-▇▇▇, which are analogous to 40 CFR Parts parts 124 and 270. The State agrees to issue, modify or reissue all permits contained in the authorized portions of the State's ’s program in accordance with 9 VAC ▇▇-▇▇-▇▇▇, which is analogous to 40 CFR Part part 270, and to include as permit conditions all applicable provisions of 9 VAC ▇▇-▇▇-▇▇▇, which is analogous to 40 CFR Part part 264. This MOA also applies to permits issued after final authorization, but for which the processing may have begun before final authorization. In permits issued pursuant to the State's Program’s authorized program, the State Department will ensure that compliance tasks are described in clear, unambiguous and plain language to the extent practicable. The compliance tasks should be clear, measurable and definable thereby lending themselves to greater enforceability. For example: "“Conduct periodic inspections" ” should be replaced with "“Inspect on a daily/weekly/biweekly/monthly basis. A log book documenting inspections will be maintained at the facility for a period of 3 years." ” The State agrees that any compliance schedule contained in permits it issues will require compliance with applicable standards as soon as possible. The State agrees to consider all comments that EPA makes on permit applications and draft permits before issuing the permit or making the modification. The State will satisfy or refute in writing any EPA written comments on a particular permit application, proposed permit modification, or draft permit before issuing the permit or making the modification. In addition, the State agrees not to issue a permit or approve a modification in dispute until the Regional Administrator and the Director have exercised the dispute process in Section V. C. below. The State agrees that no permit will be issued unless the public notice requirements are met, in accordance with 9 VAC ▇▇-▇▇-▇▇▇. The State agrees to submit to EPA no less than forty-five (45) days prior to public notice those draft permits or proposed permit modifications identified for oversight in the Grant Work Plan. The State agrees to submit copies of all final permits to EPA within ten (10) days of issuance.