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(continued)
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Contaminated Soil" means soil that:
(1) contains designated or nonhazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and
(2) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the RWQCB or Local Oversight Agency.
(c) "Contaminated Soil Transfer/Processing Operation" means an operation that handles only contaminated soil for purposes of treatment, storage, or transfer. It does not include manufacturing operations.
(d) "Contaminated Soil Disposal Facility" means a facility that handles only contaminated soil for purposes of disposal. It does not include manufacturing operations.
(e) "Disposal" means
(1) final deposition of contaminated soil onto land, or,
(2) when located at a transfer/processing operation(s), deposition of contaminated soil onto land for a combined period of time greater than one year for transfer, storage, and/or treatment.
(3) Notwithstanding subdivision (e)(2) of this section, deposition of contaminated soil onto land shall not constitute disposal if the RWQCB or the enforcement agency authorizes contaminated soil to remain within the operations area for a period of time greater than one year for the purpose of treatment.
(4) Once the enforcement agency has reason to believe that contaminated soil has been disposed, the burden of proof shall be on the owner or operator to demonstrate that disposal has not occurred.
(5) Disposal does not include the use of contaminated soil for cover material at a solid waste landfill. Notwithstanding this section, contaminated soil shall still require approval for use as cover by the CIWMB and possibly other governmental agencies, including the RWQCB and Air Districts.
(f) "Local Oversight Agency" means the department, office, or other agency of a county or city authorized pursuant to law other than the Act, commencing with section 40000 of the Public Resources Code, to oversee the cleanup of contaminated soil at a specific location, including but not limited to those agencies designated pursuant to Health and Safety Code section 25283 (Underground Storage Tanks).
(g) "Manufacturing" means using contaminated soil as a raw material in making a finished product that is distinct from soil. Such finished products include but are not limited to asphalt and asphaltic concrete.
(h) "Noncontaminated Soil" means soil that is not required to be regulated as a waste by the RWQCB or Local Oversight Agency.
(i) "Operations Area" means the following areas within the boundary of a contaminated soil transfer/processing operation or disposal facility which is regulated by the CIWMB, the boundary may or may not be the same as the property boundary and could reflect a smaller area:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(2) stocking areas for contaminated soil; and,
(3) treatment and/or transfer and/or storage and/or disposal areas.
(j) "Operator" means the owner; or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the following:
(1) complying with regulatory requirements set forth in this Article;
(2) complying with all applicable federal, state and local requirements;
(3) the design, construction, and physical operation of the operations area; and
(4) site restoration.
(k) "Owner" means the person or persons who own, in whole or in part, a contaminated soil transfer/processing operation or disposal facility, or the land on which it is located.
(l) "RWQCB" means the Regional Water Quality Control Board.
(m) "Site" means the operations area.
(n) "Transfer" means a handling method where contaminated soil is received temporarily for purposes of transferring from one vehicle to another.
(o) "Treatment" means a reduction in petroleum hydrocarbons present in contaminated soil to a concentration specified by the RWQCB or Local Oversight Agency. Treatment methods may include, aeration, bioremediation, thermal, solidification and chemical fixation, and soil washing.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17362.0. Regulatory Tiers for Contaminated Soil Operations and Facilities.
Sections 17362.1 through 17362.3 set forth the regulatory tier requirements (commencing at section 18100) that apply to specified types of contaminated soil operations and facilities.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17362.1. Excluded Operations.
The solid waste handling operations and facilities listed in this section do not constitute contaminated soil transfer/processing operations or disposal facilities for the purposes of this Article and are not required to meet the requirements set forth herein. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility or from taking any appropriate enforcement action.
(a) Transfer/processing of contaminated soil:
(1) from a single generator source owned or leased by the generator, its parent, or subsidiary to property owned or leased by the same generator, its parent, or subsidiary; or,
(2) from a single generator source owned or leased by the generator, its parent, or subsidiary to a specific location for a one time treatment that is within the jurisdiction of the RWQCB and/or the Local Oversight Agency, and/or air district.
(b) Disposal of contaminated soil from a single Petroleum Exploration and Production Company, its parent, or subsidiary to property owned or leased by the same Petroleum Exploration and Production Company, its parent, or subsidiary.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17362.2. Contaminated Soil Transfer/Processing Operations.
All contaminated soil transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing at section 18103). These operations shall be inspected by the enforcement agency at least once quarterly.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17362.3. Contaminated Soil Disposal Facilities.
All contaminated soil disposal facilities, except as otherwise provided in section 17362.1, shall obtain a Standardized Contaminated Soil Solid Waste Facilities Permit, as set forth in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (new 8/95), which is incorporated herein by reference (See Appendix A.), pursuant to the requirements of Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18105).
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17363. Standardized Contaminated Soil Solid Waste Facilities Permit Terms and Conditions.
The enforcement agency shall include in a Standardized Contaminated Soil Solid Waste Facilities Permit only those terms and conditions, and no others, contained in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (rev. 12/96), which is incorporated herein by reference. (See Appendix A.)
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17364.0. Contaminated Soil Operation and Facility Standards.
Sections 17364.1 through 17364.3 set forth the minimum standards that apply to all types of contaminated soil operations and facilities.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17364.1. Siting on Landfills.
(a) Contaminated soil operations and facilities located on top of closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 14, Division 7, Chapter 3, Article 7.8, section 17796 of the California Code of Regulations.
(b) Contaminated soil operations and facilities that would be located on top of intermediate cover on a solid waste landfill shall locate operations on areas on foundation substrate that is stabilized by compaction to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17364.2. General Design Requirements.
Contaminated soil operations and facilities shall be designed and constructed in such a manner as to ensure that the operations and facilities comply with the operational requirements set forth in this Article. A copy of the design of the contaminated soil disposal facility is required as part of the Report of Contaminated Soil Disposal Site Information, as set forth in section 18224.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17364.3. General Operating Standards.
(a) All activities shall be conducted in a manner that minimizes litter, nuisances, dust, noise impacts, or other public health and safety and environmental hazards.
(b) Unauthorized human or animal access to the operation or facility shall be prevented.
(c) Traffic flow into, on, and out of the operation and facility shall be controlled in a safe manner.
(d) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:
(1) name of the operation,
(2) name of the operator,
(3) hours of operation,
(4) specify that only nonhazardous petroleum contaminated soil will be accepted, and
(5) phone number where operator or designee can be reached in case of an emergency.
(e) The operator shall provide telephone or radio communication capability for emergency purposes.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17365. General Record Keeping Requirements.
All contaminated soil/transfer operations and disposal facilities shall meet the following requirements:
(a) All records required by this Article shall be kept by the operator in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, enforcement agency, local health entity, and other duly authorized regulatory and enforcement agencies during normal working hours.
(b) The operator shall maintain a log of special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences.
(c) The operator shall record any written public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record, as specified by the RWQCB, the types and concentrations of constituents, the date, and quantity of contaminated soil accepted at the operation or facility; and for treatment, transfer, or storage operations, the types and concentrations of constituents, the date, and quantity of contaminated and noncontaminated soil leaving the operations. Where no requirements have been specified by the appropriate RWQCB, the operator shall record the same information as provided by generator source. The operator shall also record the name of all transfer, storage, and/or treatment operations where the contaminated soil was located prior to the receipt by the operator and the dates the contaminated soil was received at each of these operations and removed.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17366. Contaminated Soil Operation and Facility Restoration.
All contaminated soil operations and facilities shall meet the following requirements:
(a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service:
(1) the operation grounds, excluding the disposal area, shall be cleaned of all contaminated soil, construction scraps, and other materials related to the operation, and these materials legally recycled, reused, or disposed of,
(2) all machinery shall be cleaned of contaminated soil, and
(3) al remaining structures shall be cleaned of contaminated soil.
Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code.
s 17367. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for those hazardous waste disposal facilities which hold a valid Hazardous Waste Facility Permit from the Department of Toxic Substances Control and codispose nonhazardous, nonputrescible, industrial solid waste with hazardous waste in one or more waste management units within the disposal facility.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article or Title 22 California Code of Regulations, Division 4.5.
(d) Nothing in this Article shall be construed as relieving any owner or operator, from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the codisposal of nonhazardous, nonputrescible, industrial solid waste at a hazardous waste disposal facility will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment.
Note: Authority cited: Sections 40502, 43020, 43021 and 44103, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17368. Definitions.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Board" means the California Integrated Waste Management Board.
(c) "Codisposal" means the final deposition of nonhazardous, nonputrescible, industrial solid waste disposed with hazardous waste in a waste management unit.
(d) "Cover" mean soils or alternative materials used in covering the nonhazardous, nonputrescible, industrial solid waste in a hazardous waste disposal facility waste management unit.
(e) "DTSC" means Department of Toxic Substances Control.
(f) "EA" means enforcement agency as defined in Public Resources Code section 40130.
(g) "Hazardous waste disposal facility," or "facility" means a disposal facility that holds and maintains a valid Hazardous Waste Facility Permit issued by the Department of Toxic Substances Control pursuant to section 25200 of the California Health and Safety Code.
(h) "Nonhazardous, Nonputrescible, Industrial Solid Waste" means solid waste (as defined in Public Resources Code Section 40191) which also meets all of the following criteria:
(1) Nonputrescible: Solid wastes which are not capable of being decomposed by micro-organisms with sufficient rapidity as to cause odors, gases, attraction of vectors or other offensive conditions. For example, wastes that are putrescible, and do not qualify as nonputrescible, include without limitation food wastes, offal and dead animals.
(2) Liquid Content: Solid wastes that contain no free liquid, whether such wastes are in bulk or in containers. The absence of free liquid shall be determined by the method specified in Title 22 California Code of Regulations section 66264.314(b).
(3) Nonhazardous, Nonputrescible, Industrial Solid Waste expressly excludes:
(A) Household waste as defined in Title 27 California Code of Regulations section 20164;
(B) Wastes which are prohibited at any hazardous waste disposal facility by applicable statutes or regulations of any governmental body having jurisdiction; and
(C) With respect to a specific hazardous waste disposal facility, wastes which are prohibited at that particular hazardous waste disposal facility by the terms and conditions of any permit or entitlement to use issued by a governmental body.
(i) "Operating Record" means a facility's records of compliance with the requirements set forth in this Article.
(j) "RWQCB" means the Regional Water Quality Control Board.
(k) "Waste management unit" or "unit" means an area within a hazardous waste disposal facility where hazardous wastes may be disposed pursuant to a hazardous waste facility permit issued by the Department of Toxic Substances Control, expressly excluding surface impoundments.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17369. Regulatory Tier for Hazardous Waste Disposal Facilities Codisposing Nonhazardous, Nonputrescible, Industrial Solid Waste.
(a) All hazardous waste disposal facilities codisposing nonhazardous, nonputrescible, industrial solid waste shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA, or more frequently if necessary to verify compliance with the standards set forth in this Article. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Registration Permit issued pursuant to this section.
(b) In addition to the Registration Permit Application required by subdivision (a) of this section, each operator of a hazardous waste disposal facility shall file with the EA a "Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan" (Plan) (as specified in section 18225). The information contained in the Plan shall be reviewed by the EA, in the same manner as required for the application, to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101. The EA shall obtain written verification from Board staff that section 18225(g) and (h) of Article 3.2 are correct prior to their determination of a complete and correct application.
(c) A hazardous waste disposal facility that accepts other types of solid wastes, which do not meet the definition of "nonhazardous, nonputrescible, industrial solid waste", shall obtain a Full Solid Waste Facilities Permit pursuant to the requirements of Title 27 California Code of Regulations, Division 2, Subdivision 1, Chapter 4 (s21450 et seq.) prior to commencing operations. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Full Solid Waste Facilities Permit issued pursuant to Title 27 California Code of Regulations.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17370.1. General Operating Standard.
The daily cover shall be applied as approved by Department of Toxic Substances Control pursuant to Title 22 California Code of Regulations sections 66264.301(i) or 66265.301(i), as applicable, or the Air District, whichever requirement is more stringent.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17370.2. Record Keeping Requirements.
Each operator of a hazardous waste disposal facility shall meet the following requirements with respect to nonhazardous, nonputrescible, industrial solid waste disposed at the facility:
(a) All records required by this Article shall be kept in one location and accessible for three years and shall be available for inspection by authorized representatives of the EA, the Board, and other duly authorized regulatory and enforcement agencies during normal working hours. If necessary, copies of these records may be maintained at an alternative site, as long as that site is easily accessible to the EA.
(b) The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment, as it relates to the acceptance and disposal of nonhazardous, nonputrescible, industrial solid wastes (as defined in section 17368 of this Article).
(c) The operator shall maintain records of the tonnage of nonhazardous, nonputrescible, industrial solid waste that is codisposed in each waste management unit at the facility on a daily basis. The operator shall also maintain records of the tonnage of hazardous waste codisposed in each waste management unit at the facility on a monthly basis. These records shall be provided to the EA or the Board upon request.
(d) By March 1 of each year, the operator shall annually report to the EA and the Board the total amount of nonhazardous, nonputrescible, industrial solid waste and hazardous waste codisposed the previous year.
(e) The operator shall maintain a copy of the demonstration required pursuant to Title 14 California Code of Regulations section 18225(f) in the operating record.
(f) The operator shall provide the EA with written notice of intent (Notice) to close a waste management unit at least 60 days prior to beginning unit closure, and maintain a copy of the Notice in the operating record.
(g) All such facilities shall maintain records as required by Title 14 California Code of Regulations section 18810 et seq.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43501, Public Resources Code.
s 17375. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for operations and facilities that handle and/or dispose of nonhazardous ash, as specified. This Article is not applicable to Class II or III landfills that handle and/or dispose of other waste types in addition to nonhazardous ash.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the handling and/or disposal of nonhazardous ash. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the transfer and processing, or monofilling of nonhazardous ash will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. Materials that may otherwise be disposed to landfills may be, among other things, processed to reduce, reuse, and recycle the material to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources.
(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after the effective date of this Article.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17376. Definitions.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Disposal" means:
(1) final deposition of nonhazardous ash onto land.
(2) stockpiling of nonhazardous ash onto land for a combined period of time greater than six months when located for use at the site of a transfer/processing operation(s) unless the RWQCB in consultation with the enforcement agency authorizes nonhazardous ash to remain within the operations area for a period of time greater than six months.
(3) disposal does not include the use of nonhazardous ash for cover material at a solid waste landfill. Notwithstanding this section, use of nonhazardous ash as a cover material shall still require approval for use pursuant to Title 27 California Code of Regulations section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts.
(4) disposal does not include the use of nonhazardous ash for a reclamation project as defined in section 17376(m).
(5) disposal does not include the use of nonhazardous ash for snow and ice control, roadbase/subbase, walk areas, parking areas, airport runways, trails, dairy or feedlot soil stabilization, structural fill, sludge/manure/waste stabilizing material, compost mineral filler, smelter flux, blending in a soil product, and similar uses in accordance with Public Resources Code section 40180. Nonhazardous ash used for these purposes is not subject to the requirements of this Article. Nothing in this section precludes the enforcement agency or the CIWMB from inspecting any of the activities listed in this subdivision to verify that the activity qualifies for this exception from the definition of disposal.
(6) disposal does not include land application of nonhazardous ash as defined in section 17376(e).
(7) Should the enforcement agency have information that a nonhazardous ash handler is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(c) "Fully Enclosed Structure" means either a building with a roof and walls that prevent rain and wind from affecting the material, or covered container.
(d) "Generator" means the nonhazardous ash producer.
(e) "Land Application" means the application of nonhazardous ash to forest, agricultural, and range land in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq. Land application does not constitute disposal and is not subject to the requirements of this Article.
(f) "Manufacturing" means using nonhazardous ash as a raw material in making a finished product that is distinct from nonhazardous ash. Such finished products include but are not limited to cement and concrete products, asphalt, blasting grit, roofing granules and tiles, wallboard, bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash used in manufacturing is not subject to the requirements of this Article. Should the enforcement agency have information that a nonhazardous ash manufacturer is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(g) "Nonhazardous Ash" means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations section 66260.200(f) or 66260.210. The classification of a waste as hazardous or nonhazardous is made pursuant to Title 22 California Code of Regulations section 66260.200.
(h) "Nonhazardous Ash Disposal/Monofill Facility" or "Facility" means a facility that handles only nonhazardous ash for purposes of disposal and is not a landfill pursuant to Public Resources Code section 40195.1.
(i) "Nonhazardous Ash Transfer/Processing Operation" or "Operation" means an operation that handles only nonhazardous ash for purposes of transfer, treatment, or storage. This definition does not include transformation, biomass conversion, or other incineration facilities.
(j) "Operations Area" means the following areas within the boundary of an operation or facility that are subject to this Article, although the boundary may or may not be the same as the property boundary:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(2) stockpiling areas for nonhazardous ash;
(3) transfer and/or processing and/or disposal areas.
(k) "Operator" means the land owner or other person who, through a lease, franchise agreement or other contract with the land owner is legally responsible for all of the following:
(1) transfer/processing operations or disposal;
(2) complying with all applicable federal, state and local requirements relating to the operation;
(3) the design, construction, and physical operation of a transfer/processing operation or disposal/monofill facility;
(4) operations site restoration of a transfer/processing operation or disposal/monofill facility.
(l) "Owner" means the person or persons who own, in whole or in part, a nonhazardous ash transfer/processing operation, disposal/monofill facility, or the land on which it is located.
(m) "Reclamation Project" means the use of nonhazardous ash in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Reclamation projects do not constitute disposal and is not subject to the requirements of this Article.
(n) "RWQCB" means the Regional Water Quality Control Board.
(o) "Site" means the operations area.
(p) "Treatment" means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of nonhazardous ash. Treatment may also include the removal or reduction of harmful properties or characteristics for any purpose including, but not limited to, material recovery or reduction in volume.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40180, 43020 and 43021, Public Resources Code.
s 17377.0. Regulatory Tiers for Nonhazardous Ash Operations and Facilities.
Sections 17377.1 through 17377.3 set forth the regulatory tier requirements (commencing with section 18100) that apply to specified types of nonhazardous ash operations and facilities. These requirements are summarized in Table 1.
Table 1
NONHAZARDOUS ASH OPERATIONS AND FACILITIES
PLACEMENT INTO THE REGULATORY TIERS
Not Subject to Excluded Tier Enforcement Agency Standardized
Article 5.8 Notification Tier
Tier
Stockpiling as Transfer/Processing as Transfer/Processi- Disposal/Mono-
ng fill
Specified in Specified in Section Operations as as Specified
in
Section 17376(b)(2) 17377.1 Specified in Section
Section 17377.3
17377.2
Daily Cover as Weathertight Storage
Specified in as Specified in
Section 17376(b)(3) Section 17377.1
Uses Specified in
Section 17376(b)(5)
Land Application
as Defined in
Section 17376(e)
Manufacturing as
Defined in Section
17376(f)
Reclamation
Projects as Defined
in Section 17376(m)
There are no operations or facilities placed within the Registration and Full Permit tiers within this Article.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17377.1. Excluded Operations.
The solid waste handling operations and facilities listed in this section do not constitute nonhazardous ash transfer/processing operations, or disposal/monofill facilities for the purposes of this Article, and are not required to meet the requirements set forth herein.
(a) Transfer/processing operations of nonhazardous ash are excluded from the requirements of this Article when the only activity is:
(1) the transfer/processing from land owned by a single nonhazardous ash generator source or leased by the generator, its parent, or subsidiary, to property owned or leased by the same generator, its parent, or subsidiary; or,
(2) storage within a fully enclosed weathertight structure.
(b) Nothing in this section precludes the enforcement agency or the CIWMB from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility, or from taking any appropriate enforcement action.
(c) Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17377.2. Nonhazardous Ash Transfer/Processing Operations.
(a) All operators of nonhazardous ash transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18103).
(b) In addition to the requirements of subdivision (a), the following statement shall be included in the enforcement agency notification and signed by the operator: "The undersigned certify under penalty of perjury that the information in this document and all attachments are true and correct to the best of my knowledge, and is being executed in accordance with the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5.8 (commencing with section 17375). I certify that the ash as represented in this document is nonhazardous and from a nonhazardous feedstock as defined in section 17376(g) and is to be managed in accordance with this notification. I am aware that there are significant penalties for submitting false or misleading information in this certification, including the possibility of fine or imprisonment, or both."
(c) A new Enforcement Agency Notification is required any time there are changes to information required by this section.
(d) These operations may be inspected by the enforcement agency as necessary for the protection of public health, safety and the environment.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17377.3. Nonhazardous Ash Disposal/Monofill Facilities.
(a) All nonhazardous ash disposal/monofill facilities, shall obtain a Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18105).
(b) The enforcement agency shall include only those terms and conditions, and no others, contained in CIWMB Form 98 (new 7/96) Standardized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appendix A in this Division.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17378.0. Applicability of State Minimum Standards for Nonhazardous Ash Operations and Facilities.
Sections 17378.1 through 17378.3 set forth the minimum standards that apply to all types of nonhazardous ash operations and facilities. Approvals, determinations and other requirements which the enforcement agency is authorized to make under Article 5.8 shall be provided in writing to the operator. The operator shall maintain a copy of these approvals in addition to those records identified in section 17379.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17378.1. Siting On Landfills.
(a) Nonhazardous ash operations and facilities or portions thereof, located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27 California Code of Regulations section 21190.
(b) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
(c) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner that will not interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17378.2. General Design Requirements.
(a) The design of a new nonhazardous ash transfer/processing operation or disposal/monofill facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures.
(b) Each nonhazardous ash transfer/processing operation or nonhazardous ash disposal/monofill facility design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of nonhazardous ash to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use.
(c) The operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, and minimize the creation of nuisances at the operation or facility. Other factors that shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health.
(d) Nonhazardous ash storage containers that are considered weathertight shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the equipment during storage. Such equipment shall be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of nonhazardous ash.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17378.3. Operating Standards.
Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:
(a) All activities at the operation or facility shall be conducted in a manner that minimizes nuisances, noise impacts, or other public health, safety and environmental hazards.
(b) Unauthorized human or animal access to the operation or facility shall be prevented.
(c) Traffic flow into, on, and out of the operation or facility shall be controlled in a safe manner.
(d) The operator shall take adequate measures to minimize and prevent safety hazards due to obscured visibility at the operation or facility.
(e) Drainage shall be controlled at operations and facilities to protect the public health and safety and to prevent interference with the operation.
(f) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:
(1) name of operation or facility,
(2) name of the operator,
(3) hours of operation,
(4) a statement that only nonhazardous ash will be accepted, and
(5) phone number where operator or designee can be reached in case of an emergency.
(g) The operator shall provide telephone or radio communication capability for emergency purposes.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17379.0. General Record Keeping Requirements.
Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements:
(a) All records required by this Article shall be kept by the operator in one location and be accessible for five (5) years and shall be made available for inspection by authorized representatives of the CIWMB, enforcement agency, and other duly authorized regulatory and enforcement agencies during normal working hours. The operator shall submit copies of records to the enforcement agency upon request. An alternative schedule of record submittal may be approved by the enforcement agency.
(b) The operator shall maintain a daily log or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage, accidents, explosions, discharge of hazardous or other waste not permitted, flooding and other unusual occurrences.
(c) The operator shall record any written public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint,
(4) any actions taken to respond to the complaint.
(d) The operator shall record the date, generator source, and quantity of nonhazardous ash accepted.
(e) The operator shall maintain records of weights or volumes handled in a manner and form approved by the enforcement agency so as to be sufficiently accurate for overall planning and control purposes.
(f) Transfer/processing facility operators shall record the quantity of nonhazardous ash leaving the operations.
(g) The disposal/monofill facility operator shall also record the name of all transfer/processing operations where the nonhazardous ash was located prior to receipt by the operator and the dates the nonhazardous ash was received at each of these operations and removed.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17379.1. Nonhazardous Ash Operation and Facility Restoration.
All nonhazardous ash transfer/processing operations and disposal/monofill facilities shall meet the following requirements:
(a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service:
(1) the operation or disposal/monofill facility grounds, excluding the disposal area, shall be cleaned of all nonhazardous ash, construction scraps, and other materials related to the operation or disposal/monofill facility, and these materials legally recycled, reused, or disposed of;
(2) all machinery shall be cleaned of nonhazardous ash prior to removal from the facility;
(3) all remaining structures shall be cleaned of nonhazardous ash.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17380. Authority and Scope.
(a) Article 5.9 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that receive, store, handle, transfer, or process construction and demolition (C&D) debris and inert debris, as defined herein. C&D debris and inert debris are specific types of solid waste that present a different potential threat to public health and safety and the environment than typical municipal solid waste, thus, can be handled with different regulatory oversight. This Article places operations and facilities that handle C&D debris and inert debris into the board's tiers to provide appropriate regulatory oversight to protect public health and safety and the environment.
(b) This Article is not applicable to operations and facilities that are wholly governed by regulations elsewhere in this Chapter. Operations and facilities that receive, store, handle, transfer, or process construction and demolition debris or inert debris that is commingled with solid waste that does not meet the definition of C&D debris or inert debris shall be regulated as transfer/processing operations or facilities pursuant to Articles 6.0 through 6.35, inclusive, of this Chapter.
(c) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code (PRC), as amended. These regulations should be read together with the Act.
(d) Nothing in this Article limits or restricts the power of any Federal, State, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict local governments from promulgating laws which are as strict as or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article.
(e) No provision in this Article shall be construed as relieving any owner, or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(f) No provision of this Article is intended to affect the rights orduties of any party to, or in any way influence the interpretation of, any franchise agreement between a local government and its franchisee, any other agreement among any parties, or any local ordinance with respect to any aspect of solid waste handling, including without limitation solid waste collection, transportation, processing, and storage, and solid waste disposal. (continued)