On or before January 1, 2018, the department shall adopt regulations establishing or updating criteria used for the issuance of a new or modified permit or renewal of a permit, which may include criteria for the denial or suspension of a permit. In addition to any other criteria the department may establish or update in these regulations, the department shall consider for inclusion as criteria all of the following:
(a) Number and types of past violations that will result in a denial.
(b) The vulnerability of, and existing health risks to, nearby populations. Vulnerability and existing health risks shall be assessed using available tools, local and regional health risk assessments, the region’s federal Clean Air Act attainment status, and other indicators of community vulnerability, cumulative impact, and potential risks to health and well-being.
(c) Minimum setback distances from sensitive receptors, such as schools, child care facilities, residences, hospitals, elder care facilities, and other sensitive locations.
(d) Evidence of financial responsibility and qualifications of ownership.
(e) Provision of financial assurances pursuant to Section 25200.1.
(f) Training of personnel in the safety culture and plans, emergency plans, and maintenance of operations.
(g) Completion of a health risk assessment.
(Added by Stats. 2015, Ch. 611, Sec. 1. (SB 673) Effective January 1, 2016.)
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