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(continued)
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17383.7. Inert Debris Type A Processing Operations.
All inert debris Type A processing operations subject to this Article shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 and commencing with section 18100.
(a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.
(b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day.
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA.
(f) These operations shall be inspected by the EA to verify compliance with minimum standards. Inspections shall be conducted quarterly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals.
(g) The operator shall specify the operation's boundary area in the operating record.
(h) Each operator of an inert debris Type A processing operation shall file with the EA, together with its application for an EA Notification, an Inert Debris Type A Processing Operation Plan (as more fully described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101.
(i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety.
(j) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40053, 43020 and 43021, Public Resources Code.
s 17383.8. Inert Debris Type A and Type B Processing Facilities.
All inert debris Type A and Type B processing facilities subject to this Article shall comply with the Full Permit tier requirements set forth in Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450.
(a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.
(b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304.
(c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day.
(d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article.
(e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA.
(f) Each operator of an Inert Debris Type A and Type B Processing Facility shall file with the EA, together with its application for a Full Permit, an Inert Debris Type A and Type B Processing Facility Report (as more fully described in Article 3.2, Section 18223.5 of this Chapter). The information contained in the Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101.
(g) Inert debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals.
(h) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety.
(i) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17383.9. Emergency Construction and Demolition/Inert Debris Processing Operations.
(a) All emergency CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, section 18100 et. seq. Such operations may occur at locations which are not permitted solid waste facilities. These operations shall be inspected by the EA as necessary to verify compliance with minimum standards, but in no case less than monthly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record.
(b) In addition, the emergency CDI debris processing operations shall meet the following requirements:
(1) The land owner has certified his/her knowledge of the proposed activity and agrees to insure proper termination.
(2) The operation shall not exist for a period of time greater than 120 days from the date that the EA Notification is received by the EA. Upon receipt of the reports required by CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.5, the operation may continue for an additional period as specified by the EA to assist in the recovery and clean-up.
(3) The operation shall receive only C&D debris and Type A inert debris in any amounts that are generated by the event that caused the state of emergency,
(4) If the operation accepts, processes, or stores hazardous or household hazardous waste, the activities must be in compliance with requirements of the Department of Toxic Substances Control and other appropriate authorities or agencies.
(c) The emergency CDI debris processing operation shall cease operation should the EA determine that any of the following occurs:
(1) The emergency CDI debris processing operation is not being used exclusively to handle the CDI debris resulting from the state of emergency;
(2) The emergency CDI debris processing operation is no longer necessary in accordance with CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.2;
(3) The emergency CDI debris processing operation will cause or contribute to a public health, safety or environmental problem;
(4) The operator is not utilizing disaster debris diversion programs to the extent feasible.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17383.10. Public Hearing.
(a) Provided that a comparable public hearing has not been held within the year preceding the EA's receipt of a complete and correct application, the EA shall hold an informational public hearing on an application for a Registration Permit or a Full Permit required under this Article. The EA may require the operator(s) of the facility or facilities that are the subject of the hearing to pay all costs incurred by the EA in connection with the hearing. The hearing may be combined with another hearing in which the EA participates that meets the criteria in this section. In the case of an application for a Full Permit, the hearing shall be held before the EA submits the proposed permit to the board for concurrence. In the case of an application for a Registration Permit, the hearing shall be held before the EA issues the permit. The EA shall submit to the board a statement that the hearing required by this section was held, in the case of a Full Permit, at the time the EA submits the proposed permit to the board for concurrence, or, in the case of a Registration Permit, at the time the EA submits a copy of the permit it has issued.
(b) The hearing shall meet the following criteria:
(1) Notice of the hearing shall be given pursuant to Government Code Section 65091, subdivisions (a) - (c), inclusive.
(2) Notice of the hearing shall also be given to the governing body of the jurisdiction within which the facility is located and to the State Assembly Member and the State Senator in whose districts the facility is located.
(3) The hearing shall be held in a suitable location not more than five (5) miles from the facility that is the subject of the hearing; provided that, if no suitable location exists within five (5) miles of the facility, as determined by the EA, the EA may designate an alternative suitable location that is as close to the facility as reasonably practical.
(4) The hearing shall be held on a day and at a time that the EA determines will enable attendance by residents living in the vicinity of the facility that is the subject of the hearing.
(c) EAs may undertake additional measures to extend public notice and to encourage attendance by any persons who may be interested in the facility that is the subject of the hearing.
Note: Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17384. Approval of Storage Time Limit Alternatives.
(a) At the EA's discretion, storage times for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials.
(b) Storage times at operations and facilities may be extended for a specified period, if the operator submits to the EA a storage plan as described herein and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. The operator must file amendments as necessary to maintain the accuracy of the storage plan. Failure to submit timely amendments may be cause for revocation of the storage limit extension. The storage plan must contain the following:
(1) Names of the operator and owner, and the key employee responsible for operation of the site;
(2) Describe the reason(s) for the storage limit extension;
(3) Describe the manner in which the material will be stored;
(4) Describe the manner in which activities are to be conducted at the facility during the period of the storage extension;
(5) Specify maximum site design capacity including the assumptions, methods, and calculations performed to determine the total site capacity;
(6) Provide information showing the types and the quantities of material to be stored. If tonnage was figured from records of cubic yards, include the conversion factor used;
(7) Identify transfer, recovery and processing equipment to be used on site, including classification, capacity and the number of units;
(8) Identify the planned method for final disposition of material stored at the site, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste.
(c) Storage times at operations, facilities and recycling centers may be extended if an operator provides proof of financial assurance pursuant to Title 27, Chapter 6, Subchapter 1, section 22240 et seq. satisfactory to the board for cleanup of any operation, facility or recycling center. The amount of financial assurance shall be based on the cost estimate, in current dollars, for removal and disposal of the debris by a third party as directed by the EA. A Clean Up Plan including a cost estimate shall be prepared by the operator using form CIWMB 643 and approved by the EA. Notwithstanding, an operator is not required to provide proof of financial assurance if the third party cost to clean up the site, as identified by the operator and approved by the EA, is less than $5,000.
Note: Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17384.1. Final Site Cleanup.
All operations, facilities and recycling centers shall meet the following requirements:
(a) The operator shall provide the EA with 30 days written notice of its intent to terminate operations and perform site restoration.
(b) The operator 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 operations and termination of service:
(1) The site shall be cleaned of all solid waste and recycled materials including, but not limited to, construction and demolition and inert debris and other materials related to the operations.
(2) All machinery shall be cleaned and removed or stored securely.
(3) All remaining structures shall be cleaned of solid waste and recycled materials related to the operation.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17385. Pre-Existing Permits.
(a) If an activity subject to this Article is existing under a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate until the operator applies for and obtains the appropriate permit or satisfies the requirements for notification, as applicable, as set forth in this Article. As set forth in section 17385(d), the EA shall notify the owner or operator what permit is required under this Article. The operator shall obtain the required permit or satisfy the requirements for notification in the same manner and within the same time frames as set forth in subsection 17385(b). For the purposes of this section, "existing" includes activities that are operating and activities that have not commenced operation but have received all local government land use approvals required under applicable law and have commenced physical development of the site or improvements on the site for purposes of the activity.
(b) If an activity subject to this Article is existing and does not have a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate in substantially the same manner until the EA determines what permit or other documentation is required for the activity under this Article and notifies the owner or operator in writing of its determination. The EA shall make that determination for all facilities and operations within its jurisdiction no sooner than 30 days and no later than 90 days from the effective date of this Article. If the EA determines that a Full Permit is required, the operator shall apply for and obtain that permit within 180 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that a Registration Permit is required, the operator shall apply for and obtain that permit within 60 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that EA notification under CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100, is required, the operator shall comply with the EA notification requirements within 30 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If an activity subject to this Article fails to obtain the required permit or submit documentation for EA notification within the specified time, the EA shall take appropriate enforcement action.
(c) Notwithstanding anything to the contrary in this Article, until that date which is two (2) years from the effective date of this Article (the "Temporary Permit Expiration Date") or any extension of such Temporary Permit Expiration Date, large volume CDI debris processing facilities which are existing on the effective date of this Article may elect to obtain and operate under a temporary Registration Permit pursuant to subsection (b) above, rather than a Full Permit. Operators of facilities so electing shall obtain temporary Registration Permits in the manner as set forth in subsection (b) above. Operators of large volume CDI debris processing facilities that receive temporary Registration Permits under this subsection (c) shall apply for a Full Permit no later than one (1) year from the date the owner or operator of the facility receives notification from the EA that a Full Permit is required under this Article, whichever first occurs, as provided in subsection (b) above, and shall obtain a Full Permit no later than the Temporary Permit Expiration Date. Notwithstanding, the Temporary Permit Expiration Date may be extended by one or more periods not exceeding a total of three (3) years by the EA (the last such extension is the "Extended Temporary Permit Expiration Date") in the event that the EA finds that an operator, for reasons beyond its control, has been unable to obtain a Full Permit despite having exercised good faith and due diligence in attempting to obtain such a permit. Registration Permits obtained under this subsection (c) are temporary and shall expire no later than the Temporary Permit Expiration Date or the Extended Temporary Permit Expiration Date, whichever is applicable. The Full Permit that the operator obtains shall supercede, and cause the expiration of, the facility's temporary Registration Permit obtained under this subsection (c). If any large volume CDI debris processing facility fails to obtain the required Full Permit within the specified time, the EA shall take appropriate enforcement action.
(d) Waste handling activities which are existing on the effective date of this Article and which handle exclusively construction and demolition wastes, as defined in Section 17225.15 of Article 4 of this Chapter, that do not qualify as C&D debris under this Article shall obtain the appropriate permit as a transfer/processing operation or facility as provided in Articles 6.0 through 6.4, inclusive, of this Chapter. Notwithstanding, such activities shall obtain the necessary permits in the same manner and within the same time frames as if they were operations or facilities subject to this Article, as specified in this Section 17385, such that limited volume transfer operations (defined at section 17403.3) shall comply with EA notification requirements within 30 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, medium volume transfer/processing facilities (defined at section 17403.6) shall obtain a Registration Permit within 60 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, and large volume transfer/processing facilities (defined at 17403.7) shall obtain a Full Permit within 180 days from the date the owner or operator receives the written determination from the EA, whichever first occurs. Large volume transfer/processing facilities which handle exclusively construction and demolition wastes may elect to obtain and operate under a temporary Registration Permit in the same manner, under the same procedures and subject to the same limitations as a large volume CDI debris processing facility under subsection 17385(c). If an activity subject to this subsection fails to obtain the required permit or submit documentation within the specified time, the EA shall take appropriate enforcement action.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17386. Operation Plans.
(a) Each operator of a small volume CDI debris processing operation, inert debris processing operation Type A, or small volume C&D wood debris chipping and grinding operation that is required to obtain an EA Notification, as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 shall file with the EA, together with its EA Notification, an Operation Plan. The Plan shall contain the following:
(1) Names of the operator and owner, and the key employee responsible for operation of the site;
(2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas;
(3) Descriptive statement of the manner in which activities are to be conducted at the operation;
(4) Days and hours that the business is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For businesses with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above;
(5) Total acreage contained within the operating area;
(6) Operation design capacity including the assumptions, methods, and calculations performed to determine the total capacity;
(7) Information showing the types and the daily quantities of debris to be received
(8) In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA.
(9) Description of the methods used by the operation to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9;
(10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater;
(11) Description of provisions to handle unusual peak loading;
(12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units;
(13) Planned method for final disposition of debris received at the operation, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste;
(14) Planned method for the storage and removal of salvaged material;
(15) Resume of management organization which will operate the operation;
(16) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and
(17) The operator shall retain a record of training and instruction completed in accordance with, Article 6.2, section 17410.3.
(18) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law).
(19) Fire Prevention, Control and Mitigation Plan ("Plan") which contains the following:
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site;
(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires;
(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment;
(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression;
(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.
(F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements.
(b) The operator must file amendments as necessary to maintain the accuracy of the Plan. Failure to submit timely amendments may be cause for suspension or revocation of the EA Notification.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 17387. Authority and Scope.
(a) Article 5.95 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that dispose construction and demolition (C&D) waste and inert debris. This Article is not applicable to operations and facilities that are wholly governed in regulations elsewhere in this Chapter or Title 27.
(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 (PRC), 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 local governments from promulgating laws which are as strict 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.
(d) 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.
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17387.5. Purpose.
(a) The purpose of this Article is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling and disposal of C&D waste and inert debris at disposal sites.
(b) By adopting these standards, the board hereby sets forth performance standards for disposal sites which dispose C&D waste and inert debris and which are of State concern, as required by PRC sections 43020 and 43021, and sets forth minimum substantive requirements for operator's submission of information concerning individual disposal sites.
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17388. Definitions.
For the purposes of this Article, the following definitions shall apply. Additional definitions that apply to this Article are found at California Code of Regulations (CCR), Title 14, Division 7, Chapter 3, Article 6, sections 17402 and 17402.5, and Article 4, section 17225 and Title 27, Division 2, Chapter 2, Articles 1, and 2.
(a) "C&D" means construction and demolition, as in the term "C&D waste".
(b) "CDI" means any combination of construction and demolition waste and inert debris.
(c) "Construction and Demolition Waste" or "C&D Waste" means the nonhazardous waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.
(d) "CDI Waste Disposal Facility" means a facility at which C&D waste, C&D waste together with inert debris (Type A or B) or inert debris (Type B) only is disposed.
(e) "Disposal" means the final deposition of C&D waste or inert debris onto land.
(f) "EA" means enforcement agency as defined in PRC section 40130.
(g) "Engineered Fill Activity" means fill that has been designed by an engineer to act as a structural element of a constructed work and has been placed under engineering inspection, usually with density testing. An engineered fill activity shall meet specifications prepared and certified for a specific project by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California, and includes requirements for placement, geometry, material, compaction and quality control.
(h) "Fill" means gravel, rock, soil, sand, uncontaminated concrete, or fully cured asphalt in conjunction with a construction project or grading.
(i) "Fully Cured Asphalt" means that the material must be at ambient temperature, be substantially hardened and be inelastic.
(j) "Grading" means any land excavation, filling, earth moving or combination thereof.
(k) "Inert Debris" means solid waste and recyclable materials that are source separated or separated for reuse and do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble pollutants at concentrations in excess of applicable water quality. Inert debris may not contain any putrescible wastes. Gravel, rock, soil, sand and similar materials whether processed or not, that have never been used in connection with any structure, development, grading or other similar human purpose, or that are uncontaminated, are not inert debris. Such materials may be commingled with inert debris.
(1) "Type A inert debris" includes but is not limited to concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, crushed glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce such pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case by case basis whether materials not listed in this subdivision qualify as Type A inert debris. The board and the State Water Resources Control Board may consider statewide and site-specific factors in making this determination.
(2) "Type B inert debris" is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris.
(l) "Inert Debris Engineered Fill Operation" means an activity exceeding one year in duration in which only the following inert debris may be used: fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil. Those materials are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading, as necessary, or supporting other uses such as recreation, agriculture and open space in order to provide land that is appropriate for an end use consistent with approved local general and specific plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use(s) of the land. Filling above the surrounding grade shall only be allowed upon the approval of all governmental agencies having jurisdiction. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and in accordance with specifications prepared and certified at least annually by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California and maintained in the operating record of the operation. The operator shall also certify under penalty of perjury, at least annually, that only approved inert debris has been placed as engineered fill, and specifying the amount of inert debris placed as fill. These determinations may be made by reviewing the records of an operation or by on-site inspection. Certification documents shall be maintained in the operating records of the operation and shall be made available to the EA during normal business hours. Acceptance of other Type A inert debris or shredded tires pursuant to Waste Discharge Requirements prior to the effective date of this Article does not preclude an activity from being deemed an inert debris engineered fill operation, provided that the operation meets all the requirements of this Article once it takes effect. Where such materials have been deposited, the operator must specify in the operation plan the type of waste previously accepted, a diagram of the fill area, and estimations of the depth of the fill material previously accepted. Inert debris placed in an Inert Debris Engineered Fill Operation is not counted as diversion or disposal for a given jurisdiction.
(m) "Inert Debris Type A Disposal Facility" means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations.
(n) "Landslide Debris", for the purposes of this Article, means the soil or rock or other natural material deposited on roadways, bridge decks, flood control facilities, or other structures resulting from a naturally-occurring mass movement of earth or rocks from a mountain, hill, cliff, or road cut.
(o) "Operating Record" means a readily accessible collection of records of an operation's or facility's activities in compliance with required State Minimum Standards under Title 14 and Title 27. The operating record shall include the operation plan for inert debris engineered fill operations, or the disposal facility plan or disposal facility report for facilities, and shall contain, but is not limited to: agency approvals, tonnage and load checking records, hours of operation, owner/operator contacts, and personnel training history. The record may be reviewed by State and local authorities and shall be made available during normal business hours. The records may be maintained at any location that is easily accessible to the EA.
(p) "Putrescible Wastes" means solid wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes.
(q) "RDSI" means Report of Disposal Site Information as described in CCR, Title 27, section 21600.
(r) "RWQCB" means Regional Water Quality Control Board.
(s) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated".
(t) "Site" means the area where the handling of solid waste, and/or recyclable materials occurs at an operation or facility subject to this Article.
(u) "Solid waste" means the same as in PRC section 40191.
(v) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(w) "Vector" means any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17388.1. Regulatory Tiers Placement for CDI Waste and Inert Debris Disposal Operations and Facilities.
Construction & Demolition and Inert Debris Tier Placement
Excluded Full Solid
Operations Waste
Tier EA Facility
Section 17388.2 Notification Registration Permit
Inert Debris Inert Debris Inert Debris CDI Waste
Engineered Fill Engineered Type A Disposal
activity which Fill Disposal Facility D
concludes Operations Facility Section I
within Section Section 17388.5 S
one year 17388.3 17388.4 P
O
Removal and S
disposal of A
landslide debris L
Removal and
disposal of
sediment
accumulated
within irrigation
or flood control
facilities
Road building,
road repair, etc.
Clean closed
CDI waste disposal
facilities
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17388.2. Excluded Activities.
(a) The following disposal activities do not constitute C&D waste or inert debris operations or facilities for the purposes of this Article and are not required to meet the requirements set forth herein:
(1) Any use (e.g., grading) of gravel, rock, soil, sand and similar, whether processed or not, that has never been used in connection with any structure, road, parking lot, or similar use.
(2) Engineered fill activities which have local permits as required, and are carried out in conjunction with a construction project (e.g., building and other construction, bridge and roadway work, development of pathways or riding trails, etc), and which use uncontaminated concrete and/or fully cured asphalt which has been reduced in particle size to 2"or less as part of a recycling activity and concludes within two years from commencement.
(3) Inert debris engineered fill activities which conclude within one year of commencement and that meet all requirements of section 17388.3 of this Article, except subsections (b) inspections, (c) Plan, (d) State Minimum Standards, (g) final cover, (h) scales and submittal of EA Notification.
(4) Removal and disposal of landslide debris containing no C&D waste by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed in accordance with applicable law.
(5) Removal and disposal of sediment which has accumulated within irrigation or flood control facilities and which contains no solid waste, by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed or otherwise handled in accordance with applicable law.
(6) The use of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil, in connection with road building, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, and all associated activities by Federal, State and local government public works agencies and their contractors.
(7) Existing C&D waste or inert debris disposal sites from which all waste and debris have been removed (clean closure) within one year after February 24, 2004, provided that the material removed from such sites is disposed in accordance with applicable law. The board may extend the time for clean closure by up to one year upon the applicant's showing of good cause for such extension.
(b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner or operator to demonstrate that the activity is excluded pursuant to this section.
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17388.3. Inert Debris Engineered Fill Operations.
Inert debris engineered fill operations shall submit EA Notifications, as set forth in CCR, Title 14, section 18100 et seq. and shall comply with all applicable RWQCB waste discharge requirements.
(a) Each operator of an inert debris engineered fill operation shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its notification of intent to operate.
(b) Inert debris engineered fill operations shall be inspected as necessary by the EA to verify compliance with State Minimum Standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is sufficient, but in no case shall the inspection frequency be less than annual. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals.
(c) Each operator of an inert debris engineered fill operation shall file an "Operation Plan" (as specified in this Article, section 17390) with the EA together with its notification of intent to operate. The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, section 18101.
(d) All inert debris engineered fill operations shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Article 1 (Operating Criteria), and Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20515, 20640, 20880, and 20890).
(e) By March 1 of each year, the operator shall report to the EA and the board the total amount of inert debris deposited during the previous year. However, the operator is not subject to the disposal reporting record requirements of Title 14 CCR, Division 7, Chapter 9, Article 9.2 or the disposal fee specified in PRC Section 48000 and Revenue and Taxation Code Section 45151.
(f) All inert debris engineered fill operations, upon completion or cessation of fill activities for more than one year and upon any transfer of any part of the land subject to the operation prior to completion of fill activities, shall comply with the requirements in Title 27, Subsections 21170(a)(1,2 and, if applicable, 3).
(g) Upon the final placement of waste at the site, the operator shall cover the site of fill with three feet of compacted soil above the fill area or with other final cover as determined by the EA. The EA may determine, on the basis of substantial evidence, that a lesser amount of final cover or no final cover is needed, based on potential impacts to the public health, safety and the environment.
(h) If an inert debris engineered fill operation exceeds any combination of the following requirements three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for an EA Notification under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for an EA Notification, and the operator must within 30 days apply for a Full Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate.
The requirements to which this subdivision applies are:
1. Disposal of any wastes not authorized by subsection 17388(l);
2. Failure to comply with the requirements for certification by an engineer specified in subsection 17388(l);
3. Failure to comply with requirements for operator certification of materials disposed in the fill as required in subsection 17388(l).
(i) Inert debris engineered fill operations are not required to meet the notification requirements of this Article if the operation is occurring at a disposal facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as described and approved in the Report of Disposal Site Information.
Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.
s 17388.4. Inert Debris Type A Disposal Facilities.
Inert debris Type A disposal facilities shall obtain Registration Permits and shall comply with the Registration Permit requirements as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing at section 18100), with the following requirements set out in CCR, Title 27, Division 2, Chapter 4, Subchapter 3, Article 2 (commencing at section 21570) in the same manner as if they were municipal solid waste landfills, CCR, Title 14, Division 7, Chapter 9, and with all RWQCB waste discharge requirements.
(a) Each operator of an inert debris Type A disposal facility shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its application for a Registration Permit.
(b) Inert debris Type A disposal facilities shall be inspected monthly by the EA in accordance with PRC 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals.
(c) Each operator shall file with the EA, together with its application for a solid waste facilities permit, a Disposal Facility Plan (as more fully described in Chapter 5, Article 3.2, section 18223.6).
(d) Each operator must comply with the closure and postclosure maintenance requirements of Title 27, CCR, Division 2, Subchapter 5, Article 2 (commencing with section 21099).
(e) Each operator must comply with the financial assurance requirements for closure and postclosure maintenance, operating liability and corrective action set forth in Title 27 CCR, Division 2, Chapter 6 (commencing at section 22200).
(f) The EA shall comply with the Enforcement Agency Requirements of Title 27 CCR, Division 2, Chapter 4, Subchapter 3, Article 3, commencing with section 21650.
(g) Inert debris Type A disposal facilities shall maintain disposal reporting records and comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at section 18800.
(h) Inert debris Type A disposal facilities shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Articles 1 (Operating Criteria), Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20880 and 20890).
(i) Each operator shall determine the weight of all material received at the facility for disposal and shall maintain records of the weight of materials as required herein. Until February 24, 2005, weight of material shall be determined by a conversion factor authorized by the EA for each waste type received. After that date, weight shall be determined by the use of scales, which may be located at the operation or off-site. Notwithstanding, operations in a rural city or a rural county, as defined in PRC sections 40183 and 40184, and operations that will cease activities within three years from February 24, 2004, as reflected in their Operation Plan may determine the weight of materials received by use of conversion factors authorized by the EA for each waste type or combination thereof received. Evidence of the accuracy of the conversion factors shall be provided to the EA annually. (continued)