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(continued)
(j) If an inert debris Type A disposal facility accepts for disposal any waste not authorized by, or pursuant to, Subsection 17388(k)(1) 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 a Registration Permit under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, 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.

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 17388.5. CDI Waste Disposal Facilities.
CDI waste disposal facilities shall obtain full solid waste facilities permits and shall comply with all requirements promulgated by the board as set forth in CCR, Title 27, Division 2 in the same manner as if they were municipal solid waste landfill units.
(a) CDI waste disposal facilities shall maintain disposal reporting records and shall comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at section 18800.
(b) 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.
(c) To the greatest extent possible, all site inspections shall be unannounced and shall be conducted at irregular intervals.

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 17388.6. 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, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code.





s 17389. Record Keeping Requirements for Operations.
All operations shall meet the following requirements:
(a) All records required by this Article shall be maintained in a single accessible location for at least three (3) years and shall be available for inspection by authorized representatives of the board, EA, local health agency, and other duly authorized regulatory and enforcement agencies during normal working hours.
(b) The operator shall maintain a daily log book or file describing special occurrences and methods used to resolve problems arising from these events, including details of all incidents requiring the implementation of emergency procedures. Special occurrences shall include, but are not limited to: receipt or rejection of prohibited wastes, fires, accidents, injury and property damage, flooding, earthquake damage and other unusual occurrences. 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.
(c) The operator shall document any written and oral complaints received from the public, including the nature of the complaint, the date the complaint was received, the name, address, and telephone number of the person or persons making the complaint (if available), and any actions taken to respond to the complaint.
(d) The operator shall maintain an operating record which shall include, among other things, records of incoming weights or volumes and outgoing salvage or residual weights or volumes shall be kept in a form or manner approved by the EA. Such records shall be adequate for overall planning and control purposes, and be as current and accurate as practicable. These records shall be provided to the EA or the board upon request.
(e) The operator shall record the number of load checks performed and loads rejected.
(f) The operator shall maintain a copy of the written notice to the EA and local health agency specifying the names, addresses, and telephone numbers of the operator or other persons responsible for the operation.
(g) The operator shall maintain records of employee training.
(h) If gas monitoring is conducted at the operation, the operator shall maintain records of all gas monitoring as available and as required.
(i) If water monitoring is conducted at the operation, the operator shall maintain records of all water monitoring as available and appropriate as required.
[Note: Record-keeping requirements for facilities subject to this Article are found at and Title 27, Division 2, Chapter 3, Article 1, section 20510.]

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 17390. Operation Plan.
Each operator of an Inert Debris Engineered Fill Operation, together with its notification of intent to operate filed pursuant to section 17388.3 of this Article, shall file with the EA an Operation Plan. The operator must file amendments as necessary to maintain the accuracy of the Plan. A Plan shall contain the following:
(a) Name(s) of the operator, owner, and the company they represent, if applicable;
(b) Scaled schematic drawing of the buildings and other structures showing layout and general dimensions of the operations area, including but not limited to, unloading, storage, loading, and parking areas;
(c) Descriptive statement of the manner in which activities are to be conducted at the operation;
(d) Days and hours of operation. If the hours of waste receipt differ from the hours of material processing, each schedule may be stated. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of waste 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;
(e) Total acreage contained within the operating or fill areas;
(f) Design capacity, including the assumptions, methods, and calculations performed to determine the total capacity;
(g) Information indicating the types and daily quantities of waste or debris to be received. If tonnage is determined from records of cubic yardage, include the conversion factor used in the calculation;
(h) Description of methods used by the operation to comply with each State Minimum Standard;
(i) Anticipated volume of quench or process water and the planned method of treatment and disposal of any wastewater;
(j) Description of provisions to handle unusual peak loading;
(k) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units.
(l) Planned method for final placement of the solid waste;
(m) Planned method for the storage and removal of salvaged material.
(n) Resume of management organization that will operate the site.
(o) A description of road building and seasonal tipping pad design.
(p) A description of a program to prevent the acceptance of unapproved materials and hazardous wastes.
(q) A description of the planned method for storage and removal of prohibited wastes.
(r) A general description of the proposed final productive use(s), if any, of the fill area. The description shall specify generally what area(s) within the boundaries of the operation will be capable of supporting a structure upon closure.
(s) The compaction standards for density and design, if any.
(t) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law).

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 17400. Authority and Scope.
(a) Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting requirements and minimum operating standards for operations and facilities that receive, store, handle, recover, transfer, or process solid waste which are subject to the requirements of these Articles. The regulatory tier requirements of sections 17403 through 17403.9 are not applicable to operations and facilities that are subject to regulations elsewhere in this Chapter, including but not limited to, Article 5.6 (commencing at section 17360); and in Chapter 3.1 (commencing with section 17850). Activities placed within the excluded tier in other parts of this Division, may still be subject to these regulatory requirements.
(b) These Articles are 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) These Articles implement those provisions of the Act relating to receipt, storage, handling, recovery, transfer, or processing of solid waste. Nothing in these Articles 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 and counties from promulgating laws which are as strict or stricter than the regulations contained in these Articles. However, no city or county may promulgate laws which are inconsistent with the provisions of these Articles.
(d) No provision in these Articles shall be construed as relieving any owner, operator, or designee from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local heath agencies, regional water quality control boards, Department of Toxic Substances Control, California Department of Industrial Relations, Division of Occupational Safety and Health, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) No provision in these Articles is intended to require the owner or operator of an operation to comply with the Enforcement Agency Notification requirements, or the owner or operator of a facility to obtain a tiered permit in accordance with Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0, 3.0 and 3.1 of the California Code of Regulations (commencing with section 21570) et seq. and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100); if that owner or operator already has a valid full solid waste facility permit and, that permit authorizes the transfer/processing operation or facility.
(f) Notwithstanding subsection (a) of this section, if a Chipping and Grinding Operation or Facility, as defined in section 17852(k) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(u) of this Division, the operation or facility:
(1) shall be subject to these regulatory requirements,
(2) shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5, and
(3) shall not qualify as an excluded operation as set forth in section 17403.1.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.





s 17401. Applicability of Standards.





s 17402. Definitions.
(a) For the purposes of these Articles:
(1) "Contact Water" means water that has come in contact with waste and may include leachate.
(2) "Covered Container" means a container that is covered to prevent the migration of litter from the container, excessive infiltration of precipitation, odor and leachate production, and to prevent access by animals and people; thereby controlling litter, scavenging, and illegal dumping of prohibited wastes. Covers may include, but are not limited to, tarpaulins or similar materials.
(3) "Direct Transfer Facility" means a transfer facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 150 tons of solid waste and meets all of the following requirements:
(A) is located on the premises of a duly licensed solid waste hauling operator;
(B) only handles solid waste that has been placed within covered containers or vehicles prior to entering the facility and that is transported in vehicles owned or leased by that same operator;
(C) the facility does not handle, separate, or otherwise process the solid waste;
(D) no waste is stored at the facility for more than any 8-hour period;
(E) solid waste is transferred only once and directly from one covered container or vehicle to another covered container or vehicle so that the waste is never put on the ground or outside the confines of a container or vehicle, before, during, or after transfer. Direct transfer would not include top loading trailers where the solid waste actually leaves the confines of the collection vehicle and is suspended in air before falling into a transfer vehicle;
(F) all of the contents of the original transferring container or vehicle must be emptied during a single transfer; and
(G) any waste that may unintentionally fall outside of the containers or vehicles, is promptly cleaned up and replaced within the container or vehicle to which it was being transferred.
(4) "DTSC" means Department of Toxic Substances Control.
(5) "EA" means enforcement agency as defined in PRC section 40130.
(6) "Emergency Transfer/Processing Operation" means an operation that is established because there has been a proclamation of a state of emergency or local emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 (j) and (k) and which meets all of the following requirements:
(A) the operation handles only disaster debris and other wastes, in accordance with section 17210.1(d), during the disaster debris recovery phase; and
(B) the location does not currently have a solid waste facility permit;
(C) if the operation accepts, processes, or stores hazardous or household hazardous waste, then these activities must be in compliance with DTSC standards or standards of other appropriate authorities or agencies.
(7) "Hazardous Wastes" means any waste which meets the definitions set forth in Title 22, section 66261.3, et seq. and is required to be managed.
(8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 tons or more of solid waste per operating day for the purpose of storing, handling or processing the waste prior to transferring the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(9) "Limited Volume Transfer Operation" means an operation that receives less than 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and which does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator.
(A) In determining the tonnage of solid waste received by the operation, the following materials shall not be included: materials received by a recycling center located within the operation, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the operation does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(10) "Litter" means all solid waste which has been improperly discarded or which has migrated by wind or equipment away from the operations area. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state.
(11) "Medium Volume Transfer/Processing Facility" means a facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 100 tons of solid waste, for the purpose of storing or handling the waste prior to transferring the waste to another solid waste operation or facility; or a facility that receives any amount of solid waste, up to 100 tons per operating day, for the purpose of processing solid waste prior to transferring the waste to another solid waste operation or facility.
(A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA.
(B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor.
(12) "Nuisance" includes anything which:
(A) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and
(B) affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal.
(13) "On-site" means located within the boundary of the operation or facility.
(14) "Open burning" means the combustion of solid waste without:
(A) control of combustion air to maintain adequate temperature for efficient combustion,
(B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and
(C) control of the emission of the combustion products.
(15) "Operating day" means the hours of operation as set forth in the application, Enforcement Agency Notification and/or permit not exceeding 24 hours.
(16) "Operating Record" means an easily accessible collection of records of an operation's or facility's activities and compliance with required state minimum standards under Title 14. The Record may include the Facility Plan or Transfer/Processing Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and loadchecking records, facility contacts and training history. The record may be reviewed by state and local authorities and shall be available during normal business hours. If records are too voluminous to place in the main operating record or if the integrity of the records could be compromised by on-site storage, such as exposure to weather, they may be maintained at an alternative site, as long as that site is easily accessible to the EA.
(17) "Operations Area" means:
(A) the following areas within the boundary of an operation or facility as described in the permit application or Enforcement Agency Notification:
(i) equipment management area, including cleaning, maintenance, and storage areas; and
(ii) material and/or solid waste management area, including unloading, handling, transfer, processing, and storage areas.
(B) the boundary of the operations area is the same as the permitted boundary but may or may not be the same as the property boundary.
(18) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification, is legally responsible for all of the following:
(A) complying with regulatory requirements set forth in these Articles;
(B) complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical operation of the operations area;
(D) controlling the activities at an operation or facility as listed on the permit application or Enforcement Agency Notification.
(19) "Owner" means the person or persons who own, in whole or in part, an operation or facility, and/or the land on which it is located.
(20) "Processing" means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment. Recycling Center is more specifically defined in section 17402.5 (d) of this Article.
(21) "Putrescible Wastes" include 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.
(22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 66260.10 of Division 4.5 of Title 22.
(23) "RWQCB" means the Regional Water Quality Control Board.
(24) "Salvaging" means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to transfer activities.
(25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials.
(26) "Sealed Container Transfer Operation" means a transfer operation that meets the following requirements:
(A) handles only solid waste that has previously been placed within containers that have either a latched, hard top or other impermeable cover which is closed tightly enough to:
(1) prevent liquid from infiltrating into or leaking out of the container; and
(2) prevent the propagation and migration of vectors; and,
(i) the solid waste remains within the unopened containers at all times while on-site; and,
(ii) the containers are not stored on-site for more than 96 hours. Sealed container transfer operations do not include operations excluded by Public Resources Code section 40200(b)(3).
(27) "Special Waste" includes but is not limited to:
(A) waste requiring special collection, treatment, handling, storage, or transfer techniques as defined in Title 22, section 66260.10.
(B) waste tires and appliances requiring CFC removal.
(28) "Spotter" means an employee who conducts activities that include, but are not limited to, traffic control, hazardous waste recognition and removal for proper handling, storage and transport or disposal, and protection of the public from health and/or safety hazards.
(29) "Store" means to stockpile or accumulate for later use.
(30) "Transfer/Processing Facility" or "Facility" includes:
(A) those activities governed by the Registration Permit tier or Full Solid Waste Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and,
(B) which:
1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or
3. store solid waste;
(C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste facility does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations.
(D) "Transfer/Processing Facilities" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).
(31) "Transfer/Processing Operation" or "Operation" includes:
(A) those activities governed by the EA Notification tier requirements; and,
(B) which:
1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or
2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or
3. store solid waste;
(C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste operation does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations.
(D) "Transfer/Processing Operations" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850).
(32) "Volume Reduction" means techniques such as: compaction, shredding, and baling.
(33) "Waste Hauling Yard Operation" is an operation that meets the following requirements:
(A) is located on the premises of a duly licensed solid waste hauling operator, who receives, stores, or transfers waste as an activity incidental to the conduct of a refuse collection and disposal business, and;
(B) handles only solid waste that has been placed within a covered container before the container arrives at the waste hauling yard, and;
(C) no more than 90 cubic yards of waste is stored on-site in covered containers at any time, and;
(D) the solid waste remains within the original covered containers while on-site at any times, and;
(E) the covered containers are not stored on-site for more than any 72 hour period;
(F) if the EA has information that the operation does not meet these requirements, the burden of proof shall be on the owner or operator to demonstrate that the requirements are being met.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.






s 17402.5. Definitions and Related Provisions Regarding Activities That Are Not Subject to the Transfer/Processing Regulatory Requirements.
(a) This section sets forth definitions and related provisions regarding activities that are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) Activities that are not in compliance with the applicable definitions and related provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(2) The definitions and related provisions of this section are for use only to determine the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(b) The following general definitions may apply to one or more of the activities that are more specifically defined in subdivisions (c) and (d) of this section.
(1) "Residual" means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials.
(2) "Reuse" means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded.
(3) "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 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".
(4) "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.
(c) Activities included in one of the following definitions are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these activities do not include the acceptance of solid waste which has not been separated for reuse. If an activity defined in this section is accepting solid waste which has not been separated for reuse, it must meet the requirements of subdivision (d) of this section or else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) "Auto Dismantler" means a person or business entity engaged in the business of buying, selling, or dealing in vehicles including nonrepairable vehicles, for the purpose of dismantling the vehicles, buying or selling the integral parts and component materials thereof, in whole or in part, or dealing in used motor vehicle parts pursuant to California Vehicle Code, section 220.
(2) "Auto Shredder" or "Metal Shredder" means a person or business entity that accepts scrap metal, typically automobiles and white goods, and mechanically rends that scrap metal into fist sized bits and pieces and separates the ferrous metals, nonferrous metals and other materials for the purpose of recycling.
(3) "Buy Back Center" means a person or business entity engaging in those activities defined in Public Resources Code Sections 14518, or 14520.
(4) "Drop-off Center" means a person or business entity engaging in those activities defined in Public Resources Code Section 14511.7.
(5) "Manufacturer" means a person or business entity that uses new or separated for reuse materials as a raw material in making a finished product that is distinct from those raw materials.
(6) "Regional Produce Distribution Center" means a distribution center that receives unsold produce (sometimes referred to as "pre-consumer") back from stores to which it originally sent the produce, for the purpose of transferring this produce to a compost operation or facility, or to a beneficial use. A regional produce distribution center would not include a site where produce is processed.
(7) "Rendering Plant" means a person or business entity where dead animals or any part or portion thereof, vegetable oils, or packing house refuse, are processed for the purpose of obtaining the hide, skin, grease residue, or any other byproduct whatsoever.
(8) "Reuse Salvage Operation" means a person or business entity which sterilizes, dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and that recovers for recycling or reuse distinct material types that have not been commingled with other materials before they enter the waste stream. Examples of this activity include, but are not limited to, wire choppers, and dismantlers of furniture and mattresses, and "brown goods" such as computer equipment, VCRs, and televisions.
(9) "Scrap Metal Recyclers and Dealers" means a person or business entity including all employees of the person or business entity, (except automotive recyclers and auto shredders as defined in this section), whose primary business is the purchasing; processing by shredding, shearing, baling, and torching; trading, bartering or otherwise receiving secondhand or castoff metal material which includes ferrous metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other metals, including containers that are regulated pursuant to Public Resources Code Sections 14511.7, 14518 or 14520.
(10) "Wire Chopper" means a person or business entity which uses source separated metal components or wire for the purpose of recycling or reuse.
(11) "Wood, Paper or Wood Product Manufacturer" means a person or business entity that uses separated for reuse paper or woody materials in order to produce a finished product able to be used as is, or to manufacture another product such as, boxes or boards, without further processing.
(d) A "Recycling Center" means a person or business entity that meets the requirements of this subdivision. A recycling center shall not be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter.
(1) A recycling center shall only receive material that has been separated for reuse prior to receipt.
(2) The residual amount of solid waste in the separated for reuse material shall be less than 10% of the amount of separated for reuse material received by weight.
(A) The residual amount is calculated by measuring the outgoing tonnage after separated for reuse materials have been removed.
(B) The residual amount is calculated on a monthly basis based on the number of operating days.
(3) The amount of putrescible wastes in the separated for reuse material shall be less than 1% of the amount of separated for reuse material received by weight, and the putrescible wastes in the separated for reuse material shall not cause a nuisance, as determined by the EA.
(A) The amount of putrescible wastes is calculated in percent as the weight of putrescible wastes divided by the total incoming weight of separated for reuse material.
(B) The amount of putrescible wastes is calculated on a monthly basis based on the number of operating days.
(4) The only separation that may occur at the recycling center is the sorting of materials that have been separated for reuse prior to receipt.
(5) The recycling center may include an adjustment in the calculation to include the weight of water in the residual, when the use of water is essential to the sorting or processing of the material, provided that such an adjustment is also made in the weight of materials received for processing.
(6) The following materials shall not be included in calculating residual as set forth in subdivision (d)(2) of this section, if the recycling activities are separated from the material handling activities noted below by a defined physical barrier or where the activities are otherwise separated in a manner that the EA determines will keep the materials from being commingled:
(A) materials received at an on-site Buy Back Center;
(B) materials received at an on-site Drop-off Center;
(C) cannery waste;
(D) construction and demolition materials;
(E) nonhazardous contaminated soil;
(F) grease-trap pumpings;
(G) nonhazardous asbestos;
(H) nonhazardous ash;
(I) compost and compost feedstock;
(J) sewage sludge;
(K) tires.
(7) If the EA has information that material that is being received is not separated for reuse or source separated, that the residual is 10% or more of the total per month, or that the amount of putrescible wastes is 1% or more of the total per month, the burden of proof shall be on the owner or operator to demonstrate otherwise.
(A) A business that accepts loads of material that are not separated for reuse or source separated does not qualify as a recycling center.
(B) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the averaging or combining of those loads with other loads of separated for reuse material, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste.
(C) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the separation of portions of the material at consecutive sites, each of which removes less than 10% residual, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste.
(D) If the EA determines that a business has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA may issue a Notice and Order requiring the business to obtain a Registration Permit or Full Permit or comply with the Enforcement Agency Notification requirements as made applicable in sections 17403 through 17403.7 of this Article.
(E) At the time that the EA requires a recycling center to provide evidence that it is in compliance with this subdivision, the EA shall provide the recycling center with a written description of the information that has caused the EA to believe that the recycling center is not in compliance. Nothing in this requirement is intended to require the EA to identify the name or other identifying information regarding any individual(s) who have complained about the recycling center.
(F) Nothing in this section precludes the enforcement agency or the board from the following: inspecting a business to verify that it is conducted in a manner that meets the provisions of this subsection; or, from taking any appropriate enforcement action, including the use of a Notice and Order as provided in Section 18304.
(8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) of this section but which qualify as a Limited Volume Transfer Operation, shall comply with the requirements of section 17403.3 within one month of March 5, 1999.
(9) recycling center operators may voluntarily report their residual percentage to the EA and the CIWMB using form CIWMB 607 (located in Appendix A).
(10) If the EA determines that a person or business entity purporting to operate a recycling center is not in compliance with this subsection and issues an enforcement order, that person or business entity may appeal that order in accordance with Public Resources Code section 44307.
(e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(a)(21) of this Division, the operation or facility shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.





s 17403.0. Regulatory Tiers Requirements for Transfer/Processing Operations and Facilities.
Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of Regulations (commencing with section 21570) that apply to specified types of transfer/processing operations and facilities. These requirements are summarized in Table 1.
Table 1 Transfer/Processing Operations and Facilities Placement into the
Regulatory Tiers

Not Subject to Excluded Tier Enforcement Registration Full Solid
Articles Agency Permit Tier Waste
Facility
6.0, 6.1, 6.2, Notification Permit
6.3 and 6.35 Tier
• Auto Dismantler • Locations • Emergency • Medium • Large
Section where <15 Volume Volume
17402.5(c)(1) cubic yards of Transfer/Pro- Transfer/Proc- Transfer/-
cessing essing Process-
ing
combined Operations Facility Facility
container Section Section Section
17403.6 17403.7
•Auto Shredder volume is 17403.5
Operations provided to
Section serve as multi-- •Direct
17402.5(c)(2) residence Transfer
Facility
receptacles for •Sealed Section
Container 17403.4
•Buy Back Centers residential Transfer
refuse at the Operations
Section place of Section
17402.5(c)(3) generation. 17403.2
Section
17403.1(a)(1)
•Drop-off Centers •Limited
Volume
Section •Locations where Transfer
17402.5(c)(4) <15 Operations
cubic yards of Section
17403.3
•Manufacturers combined
Section container
volume
17402.5(c)(5) is handled for
recycling.
Section
17403.1(a)(2)
•Recycling Centers
Section
17402.5(d) •Storage
receptacle at
the place of
generation
•Rendering Plants for waste from
Section multi-
17402.5(c)(6) residential
buildings or
for commercial
solid wastes
•Reuse Salvage Section
Operations 17403.1(a)(3)
(includes
furniture and
mattress •Containers used
dismantlers and to
demanufacturers) store
construction
or
Section demolition
17402.5(c)(7) wastes at the
place of
generation.
Section
17403(a)(4)
•Scrap Metal
Recyclers and
Dealers Section •Containers used
17402.5(c)(8) to store
salvaged
materials.
•Wire Choppers Section
Section 17403.1(a)(5)
17402.5(c)(9) •Waste Hauling
Yard
•Wood, Paper, or Operations.
Wood Section
Product 17403.1(a)(6)
Manufacturer
Section •Storage of
17402.5(c)(10) Other
Wastes. Section
17403(1)(a)(7)

Note: There are no operations or facilities placed within the Standardized tier.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.





s 17403.1. Excluded Operations.
(a) The following operations do not constitute transfer operations or facilities for the purposes of these Articles and are not required to meet the requirements set forth herein:
(1) Locations where 15 cubic yards or less of combined container volume is provided to serve as multi-residence receptacles for residential refuse and are located at the place of generation; or
(2) Locations where 15 cubic yards or less of combined container volume of separated for reuse material is handled for recycling; or
(3) Storage receptacles at the place of generation for waste from multi-residential buildings or for commercial solid wastes at the place of generation; or
(4) Containers used to store construction or demolition wastes at the place of generation; or
(5) Containers used to store salvaged materials; or
(6) Waste Hauling Yard Operations; or
(7) Storage and handling of any of the following wastes:
(A) Municipal solid waste removed from seagoing vessels that is quarantined in accordance with 7 Code of Federal Regulations section 330.400 and 9 Code of Federal Regulations section 94.5;
(B) Controlled substances confiscated by law enforcement agencies, including, but not limited to seized narcotics and other contraband;
(C) Agricultural wastes with possible pest contamination;
(D) Dead animals with possible infectious diseases;
(E) U.S. Currency which must be destroyed; or
(F) Confidential records destruction, including microfiche, and microfilm;
(G) As determined by the EA, other discrete waste streams that are already subject to stricter handling requirements under Federal or State law.
(b) Nothing in this section precludes the EA from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies it as an excluded operation or from taking any appropriate enforcement action. The burden of proof shall be on the owner or operator to demonstrate that the operations are excluded pursuant to this section. (continued)