Completed Permit Appeals
For information about the permit appeals process, please see Pending Permit Appeals and Frequently Asked Questions. You can also e-mail any questions to appeals@bes.dtsc.ca.gov.
Lighting Resources, LLC., Operating Permit, Ontario, California 91761
The Board is currently considering one (1) petition for review filed on May 1, 2023 on behalf of Lighting Resources, LLC. For more information on the facility and permit documents, go to EnviroStor. The Board issued an Initial Order at a public meeting on June 15, 2023. A public hearing to decide on the appeal has been re-scheduled for the morning of January 17, 2024, at the Ontario City Hall Chambers located at 303 East B Street, Ontario, CA 91764. Updates on logistics for the hearing will be provided in the BES Meetings webpage.
Appeal update: The appeal hearing concluded on January 17, 2024. By majority vote, the Board partially granted the petition with respect to three issues and directed the Department to prepare a new draft permit for the Facility in accordance with applicable laws and regulations. A Final Order was issued on February 13, 2024.
Phase 1: Petition for Review Filed
- BES Form 2301 (May 1, 2023)
- Petition for Review (May 1, 2023)
- BES Acknowledgment Letter to Lighting Resources (May 8, 2023)
- BES Letter Requesting Administrative Record (May 9, 2023)
Phase 2: Petition for Review Accepted or Dismissed
- Initial Order – Lighting Resources, LLC (June 15, 2023)
- Initial Order – Issue-Response Summary – Lighting Resources, LLC
- 2023-06-14 Lighting Resources Letter_Manatt (May 14, 2023)
- Notice of Briefing Schedule and Hearing-English (June 23, 2023)
- Notice of Briefing Schedule and Hearing-Spanish (June 23, 2023)
- DTSC Administrative Record Request
- Certification of Administrative Record – Lighting Resources, LLC (July 11, 2023)
Phase 3: Briefing Period
- Appellant’s Brief – Lighting Resources, LLC (July 31, 2023)
- Declaration of Ira J. Klein in Support of Appellant (July 31, 2023)
- Certificate of Compliance (July 31, 2023)
- DTSC’s Opposition Brief (August 30, 2023)
- Appellant’s Withdrawal of Baghouse Issues (December 4, 2023)
Phase 4: Public Hearing
- Motion for Continuance of Hearing – Cox, Castle, and Nicholson, LLP (September 11, 2023)
- Response to Motion for Continuance of Hearing – BES (September 22, 2023)
- Stipulation Between Lighting Resources, LLC and DTSC (January 16, 2024)
- Letter from Cox, Castle and Nicholson (January 16, 2024)
- Issues and Voting Summary (January 17, 2024)
Phase 5: Permit Appeal Decision Completed
- Final Order on Appeal (February 13, 2024)
Ecobat Resources, Temporary Authorization, City of Industry, California 91746
The Board is currently considering one (1) petition for review filed by Clean Air Coalition of North Whittier and Avocado Heights on June 30, 2023 concerning the appeal of Temporary Authorization decision issued by the Department of Toxic Substances Control (DTSC) for the Ecobat Resources California, Inc. (formerly Quemetco, Inc.) on July 22, 2022. For more information on the facility and permit documents, go to EnviroStor. A public hearing for the Temporary Authorization appeal is re-scheduled for November 29, 2023, at the City of Industry City Hall. PLEASE NOTE NEW DATE. Updates on logistics for the hearing will be provided in the BES Meetings webpage.
Appeal update (December 5, 2023): The Board held a public hearing on November 29, 2023 at the Hacienda Heights Community Center to decide on the appeal. With a majority of four to one vote, the Board granted the appeal vacating and setting aside DTSC’s decision on the temporary authorization. The order on the appeal will be published within 30 days of the hearing.
Phase 1: Petition for Review Filed
- BES Form 2302 and Written Statement (June 30, 2023)
- BES Acknowledgment Letter to CAC (July 5, 2023)
- BES Notice of Appeal to DTSC Permitting Division (July 5, 2023)
- BES Notice of Appeal to Permitted Facility (July 5, 2023)
Phase 2: Written Statements
- DTSC Permitting Division Statement (July 28, 2023)
- Ecobat Resources California Statement (July 28, 2023)
Phase 3: Public Hearing
- Transmittal: Ecobat Dewatering Appeal – Hearing Date (August 17, 2023)
- Appellant’s Hearing Presentation (November 29, 2023)
- DTSC’s Permitting Hearing Presentation (November 29, 2023)
- Ecobat Resources Hearing Presentation (November 29, 2023)
- BES Draft Final Order (November 29, 2023)
Phase 4: Permit Appeal Decision Completed
- Final Order on Appeal (December 19, 2023)
Administrative Record
- Appellant’s Motion to Complete Permit Record (July 28, 2023)
- Declaration of Angela Johnson Meszaros in Support of Appellant’s Motion (July 28, 2023)
- BES Notice of Motion to Augment Administrative Record (July 31, 2023)
- DTSC Opposition Motion (August 14, 2023)
- BES Decision on Motion (October 5, 2023)
- DTSC Administrative Record Request
- Appellant’s Motion to Strike (November 28, 2023)
- Appellant’s Declaration ISO Motion to Strike (November 28, 2023)
Correspondence
- Follow up Query After September 7 BES Meeting – Earthjustice (September 11, 2023)