CCLME.ORG - DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

(continued)

Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.

s 17787. Recording.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 44100, Public Resources; and Section 66796.22(d), Government Code.

s 17788. Postclosure Maintenance.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code.

s 17789. Review of Postclosure Maintenance Activities.

Note: Authority cited: Sections 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.

s 17792. Change of Ownership During Closure or Postclosure Maintenance.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44005, Public Resources Code; and Section 66796.22(d), Government Code.

s 17793. Notification During Postclosure Maintenance.

Note: Authority cited: Sections 66790(f) and 66796.22(d), Government Code. Reference: Section 66771, Government Code.

s 17796. Postclosure Land Use.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44105, Public Resources Code; and Section 66796.22(d), Government Code.

s 17801. Intent of Standards.
These standards are generally intended to describe levels of performance expected rather than stating detailed requirements; wherever possible, persons responsible for management of manures and agricultural wastes shall be permitted flexibility of approach in meeting the objectives set by the standards. Where the phrase "as approved by the Enforcement Agency" is used, it is contemplated that, in most instances, the operator will propose a method, physical improvement, management modification or other appropriate means to comply with a standard to enable approval by the Enforcement Agency (as opposed to the Enforcement Agency specifying the exact means of compliance). These standards are intended only to eliminate excessive vectors or other adverse public health/well-being effects associated with any agricultural operation.
It is the intent of these standards to promote conditions under which agricultural operations and residential or public use of properties can coexist.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; Section 4520, Health and Safety Code. Reference: Sections 43020 and 43021, Public Resources Code.

s 17802. Applicability of Standards.

s 17803. Compliance with Laws and Regulations.
Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, local health entities, water and air quality boards, local land use authorities, fire authorities, etc.

s 17804. Conformance with Plan.

s 17805. Appeals.
The Board and the Department will provide for review and appeals regarding these standards. Thus any enforcement action by the local Enforcement Agency, including the determination that agricultural operations are resulting in excessive vectors, odor, dust, or feathers, may be investigated and confirmed or denied by the Department.

s 17810.1. Manure.
(H) Manure shall mean the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine which may be mixed with bedding material, spilled feed or soil.

s 17810.2. Confined Animals.
(H) Confined animals shall include, but not be limited to, all cattle, horses, sheep, swine, rabbits, poultry, dogs, cats, fur-bearing animals, and other animals that are held, confined or fed supplementally in enclosures where the excrement accumulates as manure. The numbers of animals per unit of enclosed area shall be a part of this definition when excessive vectors, odor, dust or feathers are produced as determined by the Enforcement Agency or the Department taking into consideration varying regional environmental conditions.

s 17810.3. Enforcement Agency Inspection.
(H) An Enforcement Agency inspection shall mean a site inspection by an agent of the Enforcement Agency or the Department trained in the knowledge of the biology of and prevention of vectors, odor, dust or feathers associated with agricultural solid wastes, so as to protect the public health and well-being.

s 17810.4. Excessive Vectors.
(H) Excessive vectors shall refer to the presence of domestic flies, mosquitoes, cockroaches, rodents, and/or any other vectors associated with agricultural wastes which:
(a) Occur as immature stages and adults in numbers considerably in excess of those found in the surrounding environment; and
(b) are associated with design, layout and management of agricultural operations; and
(c) disseminate widely from the property; and
(d) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department.

s 17810.5. Excessive Odor, Dust and Feathers.
(H) Excessive odor, dust and feathers shall refer to the presence of these materials which:
(a) Are associated with design, layout and management of agricultural operations; and
(b) disseminate widely from the property; and
(c) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department.

s 17820. Agricultural Solid Wastes As a Public Health/Well-Being Hazard.
(H) Any person who sustains, stores, manages or receives agricultural by-products or other waste materials generated as a result of the operation of any agricultural property or produce processing plant shall do so in such a manner as to prevent the spread of disease, the occurrence of excessive vectors, odor, dust, or feathers or other such adverse conditions related to the public health and well-being. In addition:
(a) The presence of excessive vectors on the property shall be prima facie evidence that an adverse public health/well-being hazard exists.
(b) The determination of the presence of excessive vectors shall be made by an Enforcement Agency or the Department.
(c) The determination of the presence of excessive vectors shall take into account the proximity of the agricultural operation to neighboring human habitation and use areas, the population density of the entire area and the severity of the public health/well-being hazard posed by said vectors.

s 17821. Inspection of Agricultural Operations
(H) The Enforcement Agency shall have inspection capability to enforce these standards and to conduct appropriate numbers of site inspections of agricultural operations located within its jurisdiction. Need, if any, and frequency and timing of inspection should be based on public demand, the nature and size of the operation, the season, the vector potential of the operation and its proximity to residential properties. During inspection of agricultural operations the inspector shall observe all reasonable precautionary security, sanitation or other measures specified by the agricultural operator.

s 17822. Correction of Adverse Public Health/Well-Being Conditions.
(H) When the Enforcement Agency or the Department determines that design and layout of agricultural operations or management of agricultural wastes result in the occurrence of excessive vectors or any other adverse public health/well-being related conditions, the owner or operator of the property shall be informed in writing of a violation of these standards and shall be required to institute appropriate measures promptly to correct the condition in a manner approved by the Enforcement Agency or the Department.

s 17823. Agricultural Wastes Management Practices.
(H) Agricultural operations shall be managed in a manner which will not cause excessive vectors or other adverse public health/well-being conditions.
The Enforcement Agency shall provide state-developed guidelines which will assist agricultural operators or others concerned in design, layout, and management plans that minimize excessive vectors or other adverse public health/well-being conditions.
Organic wastes are potential resources, and agricultural operations should adopt comprehensive waste handling practices which will lead to resource recovery.

s 17823.1. Animal Manure.
(H) The manure management practices being performed by the agricultural operation shall be conducted so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions, otherwise manure shall be removed at intervals frequent enough to prevent the occurrence of such conditions. Manure removed from confined animal areas shall be managed so as to prevent the creation of adverse public health/well-being conditions.

s 17823.2. Vegetable or Fruit Crop Field Residues.
(H) Vegetable or fruit crop field residues which can be a source of excessive vectors or other conditions that adversely affect the public health/well-being shall be incorporated into the soil when conditions of soil moisture permit, completely consumed by livestock, removed from the field prior to the development of such conditions or managed by other appropriate measures to suppress the adverse effect.
After removal from the field, crop residue wastes shall be stored, processed or disposed of so as to prevent the creation of conditions adverse to the public health/well-being.

s 17823.3. Vegetable or Fruit Crop Processing Wastes.
(H) Where decomposable wastes from vegetable or fruit crop processing operations can become a source of excessive vectors or other conditions that adversely affect the public health/well-being, approved management practices to prevent such conditions shall be initiated.

s 17823.4. Dust, Hair and Feathers.
(H) Dust, hair and feathers associated with confined agricultural operations shall be managed so as to avoid conditions that adversely affect the public health/well-being as determined by the Enforcement Agency. Accumulations of hair and feathers shall be periodically disposed of in a manner approved by the Enforcement Agency or the Department.

s 17823.5. Dead Animals.
(H) The carcasses of animals with any contagious disease shall be disposed of by means prescribed by the California Department of Food and Agriculture, Division of Animal Industry.
Animal carcasses from confined animal operations shall be collected, stored, and removed from the property to an approved processing facility or disposal site prior to the creation of adverse public health/well-being conditions, or processed or disposed of on the property in a manner approved by the Enforcement Agency.
Animal carcasses from animals on pasture or rangeland shall be managed so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions.

s 17824. Management of Agriculture Waste Ponds, Lagoons, Ditches and Pipelines.
(H) Ponds, lagoons, ditches and pipelines used for the transfer, holding, treatment and stabilization of manure or vegetable or fruit crop wastes shall be managed so as to prevent the creation or harborage of excessive vectors or other conditions that adversely affect the public health/well-being. Accumulations of floating solids, scum and thick aquatic vegetation, and the growth of weeds and emergent aquatic vegetation at the water's edge shall be continuously maintained at a minimal level to assist in the prevention of such adverse conditions.
Disposal or utilization of the contents of such facilities shall not create excessive vectors or other adverse public health/well-being conditions.

s 17830. Purpose.

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 24389, Health and Safety Code. Reference: Chapter 1, Title 7.8, Government Code, Sections 43020 and 43021, Public Resources Code and Chapter 3.5, Division 29, Health and Safety Code.

s 17831. Limitations.

s 17832. Responsibility.

s 17833. Placement of Receptacles.

s 17834. Receptacle Design.

s 17835. Receptacle Maintenance.

s 17836. Special Design and Maintenance Limitations.

s 17837. Receptacle Marking.

s 17838. Prohibited Acts.

s 17839. Penalties.

s 17840. Compliance.

s 17850. Authority and Scope.
(a) This Chapter is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(b) This Chapter implements those provisions of the Act relating to composting. Nothing in this Chapter is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(c) Biological decomposition of organic material can be both a naturally occurring or artificially controlled process. This Chapter establishes standards and regulatory requirements for intentional and inadvertent composting resulting from the handling of compostable materials, including but not limited to feedstock, compost, or chipped and ground materials as defined in section 17852.
(d) Nothing in these standards shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or EA, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) Nothing in these standards precludes the EA or the board from inspecting an activity, operation or facility to determine if it is subject to these standards.

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

s 17851. Scope.

Note: Authority cited: Sections 40502, 43020 and 43021, PublicResources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.

s 17852. Definitions.
(a) For the purposes of this Chapter:
(1) "Active Compost" means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition; or is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake.
(2) "Additives" means material mixed with feedstock or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, biosolids, or compost feedstock.
(3) "Aerated Static Pile" means a composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed.
(4) "Aerobic Decomposition" means the biological decomposition of organic substances in the presence of oxygen.
(5) "Agricultural Material" means material of plant or animal origin, which result from the production and processing of farm, ranch, agricultural, horticultural, aquacultural, silvicultural, floricultural, vermicultural, or viticultural products, including manures, orchard and vineyard prunings, and crop residues.
(6) "Agricultural Material Composting Operation" means an operation that produces compost from green or agricultural material additives, and/or amendments.
(7) "Amendments" means materials added to stabilized or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, biosolids, or compost feedstock.
(8) "Anaerobic Decomposition" means the biological decomposition of organic substances in the absence of oxygen.
(9) "Biosolids" means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works.
(10) "Chipping and Grinding Operations and Facilities" means an operation or facility, that does not produce compost, that mechanically reduces the size or otherwise engages in the handling, of compostable material and:
(A) The site does the following:
1. The site handles only material, excluding manure, allowed at a green material composting operation or facility as set forth in section 17852(a)(22); and,
2. Each load of green material is removed from the site within 48 hours of receipt. The EA may allow a site to keep green material on-site for up to 7 days if the EA determines that the additional time does not increase the potential for violations of this Chapter.
(B) If the site fails to meet the definition of green material because it exceeds the contamination limits in section 17852(a)(21), the site shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400).
(C) If the site fails to meet the definition of this section because the green material remains on-site for a longer period of time than is allowed, then the site shall be regulated as a compostable material handling operation or facility, as set forth in this Chapter.
(11) "Compostable Material" means any organic material that when accumulated will become active compost as defined in section 17852(a)(1).
(12) "Compostable Materials Handling Operation" or "Facility" means an operation or facility that processes, transfers, or stores compostable material. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. "Compostable Materials Handling Operation or Facility" does not include activities excluded from regulation in section 17855. "Compostable Materials Handling Operation or Facility" also includes:
(A) agricultural material composting operations;
(B) green material composting operations and facilities;
(C) research composting operations; and,
(D) chipping and grinding operations and facilities.
(13) "Curing" means the final stage of the composting process that occurs after compost has undergone pathogen reduction, as described in section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized.
(14) "Domestic Sewage" means waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.
(15) "Disposal" means:
(A) stockpiling of compostable material onto land for a combined period of time greater than six months, or agricultural and green material for twelve months on prime agricultural land as defined in Government Code section 51201, unless the RWQCB in consultation with the EA makes a written finding that the material may remain within the operations area for a period of time greater than specified.
(B) disposal does not include the use of compostable material for alternative daily cover material at a solid waste landfill. Notwithstanding this section, use of compostable organic material as a alternative daily cover material shall still require approval for use pursuant to Title 27, California Code of Regulations, section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts.
(C) disposal does not include land application of compostable organic material. "Land Application" means the application of compostable material, excluding food material or mixed solid waste for the following applications: to forest, agricultural, and range land at agronomic rates; in accordance with California Department of Food and Agriculture (CDFA) requirements for beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; or for beneficial uses that may be otherwise exempt or excluded from regulation by CDFA.
(D) Should the EA have information that a compostable material handler is engaging in other activities that meet the definition of disposal, the burden of proof shall be on the land owner or operator to demonstrate otherwise.
(E) If the activities at a site meet the definition of disposal, the site shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 27, California Code of Regulations, section 20005).
(16) "Dry Weight Basis" means weight calculated on the basis of having been dried until reaching a constant mass, that results in essentially 100 percent solids content.
(17) "Enclosed Composting Process" means a composting process where the area that is used for the processing, composting, stabilizing, and curing of organic materials, is covered on all exposed sides and rests on a stable surface with environmental controls for moisture and air-borne emissions present.
(18) "EA" means enforcement agency.
(19) "Feedstock" means any compostable organic material used in the production of compost or chipped and ground material including, but not limited to, agricultural material, green material, food material, biosolids, and mixed solid waste. Feedstocks shall not be considered as either additives or amendments.
(20) "Food Material" means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of "agricultural material." Food material may include material from food facilities as defined in Health and Safety Code section 113785, grocery stores, institutional cafeterias (such as, prisons, schools and hospitals) or residential food scrap collection.
(21) "Green Material" means any plant material that is separated at the point of generation contains no greater than 1.0 percent of physical contaminants by weight, and meets the requirements of section 17868.5. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber products, and construction and demolition wood waste. Green material does not include food material, biosolids, mixed solid waste, material processed from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris.
(22) "Green Material Composting Operation" or "Facility" is an operation or facility that composts green material, additives, and/or amendments. A green material composting operation or facility may also handle manure and paper products. An operation or facility that handles a feedstock that is not green material, manure, or paper products, shall not be considered a green material composting operation or facility. "Green Material Composting Operation" or "Facility" does not include activities excluded from regulation in section 17855.
(23) "Handling" means the processing, transfer, and storage of compostable materials. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials.
(24) "Insulating Material" means material used for the purpose of minimizing the loss of heat from a compost pile undergoing the "Process to Further Reduce Pathogens" (PFRP), as described in section 17868.3. Insulating material includes, but is not limited to, soil and stabilized compost.
(25) "Manure" is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine.
(26) "Mixed Solid Waste" means any material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, or plastics. A feedstock that is not source separated or contains 1.0% or more of physical contaminants by weight is mixed solid waste. Compostable material that contains mixed demolition or mixed construction debris shall be considered mixed solid waste.
(27) "Mushroom Farm" means an activity that produces mushrooms. The handling of compostable material at a mushroom farm prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered mushroom farming.
(28) "Operations Area" means the following areas within the boundary of a compostable material handling operation or facility:
(A) equipment cleaning, maintenance, and storage areas;
(B) feedstock, active, curing and stabilized compost processing or stockpiling areas; and
(C) process water and stormwater drainage control systems.
(29) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, becomes legally responsible for the following:
(A) complying with regulatory requirements set forth in this Chapter;
(B) complying with all applicable federal, state and local requirements;
(C) the design, construction, and physical operation of the site; and
(D) site restoration.
(30) "Owner" means the person or persons who own, in whole or in part, a compostable material handling operation or facility, or the land on which these operations or facilities are located.
(31) "Pathogenic Organism" means disease-causing organisms.
(32) "Physical Contamination" or "Contaminants" means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic.
(33) "Process Water" means liquid that is generated during or used in the production of compost or chipped and ground materials.
(34) "Research Composting Operation" means a composting operation, that is operated for the purpose of gathering research information on composting.
(35) "Separated At The Point of Generation" includes material separated from the solid waste stream by the generator of that material. It may also include material from a centralized facility as long as that material was kept separate from the waste stream prior to receipt by that facility and the material was not commingled with other materials during handling.
(36) "Stabilized Compost" means any organic material that has undergone the Process to Further Reduce Pathogens (PFRP), as described in section 17868.3, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost.
(37) "Static Pile" means a composting process that is similar to the aerated static pile except that the air source may or may not be controlled.
(38) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.
(39) "Vermicomposting" means an activity that produces worm castings through worm activity. The EA may determine whether an activity is or is not vermicomposting. The handling of compostable material prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered vermicomposting.
(40) "Windrow Composting Process" means the process in which compostable material is placed in elongated piles. The piles or "windrows" are aerated and/or mechanically turned on a periodic basis.
(41) "Within-vessel Composting Process" means a process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where air-borne emissions are controlled.
(42) "Wood Waste" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities.
(43) "Yard Trimmings" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

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

s 17853. Definitions.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40116, 43020 and 43200, et seq., Public Resources Code.

s 17853.0. Approval of Alternatives.
(a) Approvals, determinations and other requirements that the EA is authorized to make in this Chapter shall be provided in writing by the EA to the operator. The operator shall place a copy of these approvals, in addition to those records identified in sections 17869, in the operating record.
(b) Some of the provisions of this Chapter allow the EA to approve a reduced inspection frequency. The EA shall only approve a reduced inspection frequency if the EA finds that it is as protective of the public health and safety and the environment as the standard inspection frequency.
(c) Some of the standards contained in this Chapter allow the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard. For facilities that require a full solid waste facilities permit, the EA may choose to include the approved method as a term and condition of the solid waste facilities permit, rather than in the manner authorized by subdivision (a) of this section. If the method is included in the Compostable Materials Handling Facility Permit, a change to the method may require a revision to the solid waste facilities permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570).

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

s 17854. Compostable Materials Handling Facility Permit Requirements.
Except as specified in this Article, all compostable materials handling activities shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations.

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

s 17855. Excluded Activities.
(a) The activities listed in this section do not constitute compostable material handling operations or facilities for the purposes of this Chapter and are not required to meet the requirements set forth herein. 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.
(1) An activity is excluded if it handles agricultural material, derived from an agricultural site, and returns a similar amount of the material produced to that same agricultural site, or an agricultural site owned or leased by the owner, parent, or subsidiary of the composting activity. No more than an incidental amount of up to 1,000 cubic yards of compost product may be given away or sold annually.
(2) Vermicomposting is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a vermicomposting activity, for use as a growth medium on that same site, is an excluded activity if it complies with section 17855(a)(1).
(3) Mushroom farming is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a mushroom farm, for use as mushroom bedding on that same site, is an excluded activity if it complies with section 17855(a)(1).
(4) Handling of green material, feedstock, additives, amendments, compost, or chipped and ground material is an excluded activity if 500 cubic yards or less is on-site at any one time, the compostable materials are generated on-site and if no more than 1,000 cubic yards of materials are either sold or given away annually. The compostable material may also include up to 10% food material by volume.
(5) The handling of compostable materials is an excluded activity if:
(A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that has a tiered or full permit as defined in section 18101,
1. has a Report of Facility Information which is completed and submitted to the EA that identifies and describes the activity and meets the requirements of Titles 14 or 27; and,
2. will only use the material on the facility site, or
(B) the activity is solely for the temporary storage of biosolids sludge at a Publicly Operated Treatment Works (POTW), or
(C) the activity is located at the site of biomass conversion and is for use in biomass conversion as defined in Public Resources Code section 40106; or
(D) the activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or
(E) the activity is part of an agricultural operation and is used to temporarily store or process agricultural material not used in the production of compost or mulch; or
(F) the activity is part of an operation used to chip and grind materials derived from and applied to lands owned or leased by the owner, parent, or subsidiary of the operation; or
(G) the activity is part of an agricultural operation used to chip and grind agricultural material produced on lands owned or leased by the owner, parent, or subsidiary of the agricultural operation, for use in biomass conversion; or
(H) the activity is part of an animal food manufacturing or rendering operation.
(I) the activity is the storage of yard trimmings at a publicly designated site for the collection of lot clearing necessary for fire protection provided that the public agency designating the site has notified the fire protection agency; or
(J) the materials are handled in such a way to preclude their reaching temperatures at or above 122 degrees Fahrenheit as determined by the EA.
(6) Non-commercial composting with less than one cubic yard of food material is excluded provided that all compostable material is generated and used on-site.
(7) Storage of bagged products from compostable material is an excluded activity provided that such bags are no greater than 5 cubic yards.
(8) Within-vessel composting process activities with less than 50 cubic yard capacity are excluded.
(9) Beneficial use of compostable materials is an excluded activity. Beneficial use includes, but is not limited to, slope stabilization, weed suppression, alternative daily cover, and similar uses, as determined by the EA; land application in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; and reclamation projects in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq.

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

s 17855.2. Prohibitions.
(a) The composting of unprocessed mammalian tissue, including but not limited to, flesh, organs, hide, blood, bone and marrow is prohibited, except when from the food service industry, grocery stores, or residential food scrap collection. Carcasses of animals with any contagious disease shall not be composted, unless approved in writing by the California Department of Food and Agriculture, Division of Animal Industry.
(b) The composting of medical waste is prohibited.
(c) The composting of hazardous waste is prohibited.

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

s 17855.3. Permit Name.
Any permit issued pursuant to this Article, except for one issued pursuant to section 17862.1(b), shall be entitled: "Compostable Materials Handling Facility Permit."

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

s 17855.4. Pre-Existing Permits and Notifications.
(a) If a facility had previously obtained a Registration or Standardized Permit in accordance with the regulations in effect prior to April 4, 2003, that facility may continue to operate in accordance with its permit until the EA conducts a permit review pursuant to Title 14, California Code of Regulations, sections 18104.7 and 18105.9 and determines that a Compostable Materials Handling Facility Permit is required. If the EA makes such a determination, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination.
(b) If an operation had previously been operating pursuant to an EA Notification in accordance with the regulations in effect prior to April 4, 2003, that operation may continue to operate in accordance with its EA Notification or regulatory authorization until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If the EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination.
(c) If an activity had previously been excluded from the regulations in effect prior to April 4, 2003, that activity may continue to operate in accordance with its regulatory exclusion until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination.
(d) Notwithstanding other provisions of this section, a Chipping and Grinding activity that is currently operating in accordance with the regulations in effect prior to April 4, 2003, may continue to operate in accordance with its regulatory authorization until the EA determines that a different authorization is required. The EA shall make this determination within 120 days from April 4, 2003.
(1) If the EA determines that the activity is required to comply with the EA Notification requirements, the operator shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), within 120 days from that determination.
(2) If the EA determines that the activity is required to comply with the Registration requirements, the operator shall comply with the Registration requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100) within 120 days from that determination.
(3) If the EA determines that the activity is required to comply with the Compostable Materials Handling Facility Permit requirements, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years from that determination.

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

s 17856. Agricultural Material Composting Operations.
(a) All agricultural material composting operations and chipping and grinding operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. Agricultural Compostable Materials Handling Operations shall only be subject to the requirements of section 17863.4 if the EA makes a written determination that the operation has violated the requirements for odor impacts of section 17867.
(b) Compost produced by an agricultural material composting operation or a chipping and grinding operation which uses only agricultural material may be sold or given away in unrestricted quantities. These operations shall be inspected by the EA at least once annually.
(c) Compost produced by an agricultural material composting operation which uses agricultural material and/or green material, as specified in section 17852(a)(21), may be sold or given-away in accordance with the following restrictions.
(1) Those sites that do not sell or give-away more than 1,000 cubic yards of material per year shall be inspected by the EA at least once annually when actively composting. If more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, is to be handled on-site of productive farmland as defined in Government Code section 51201, the operator shall give advance notice to the EA. The EA shall only prohibit the on-site storage of additional materials, or impose a greater inspection frequency, if the EA makes a written finding that it will pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board.
(2) Those operations that sell or give-away more than 1,000 cubic yards of material per year, shall have no more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, on-site at any one time and shall be inspected by the EA once every three (3) months.
(3) These sites shall record the quantity received of green material.

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

s 17857. Green Material Composting Operations and Facilities.

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

s 17857.1. Green Material Composting Operations and Facilities.
(a) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100).
(b) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall be inspected by the EA at least once every three (3) months, unless an operator request for a reduced inspection frequency of no less than annually is approved by the EA. The EA shall only approve a lesser inspection frequency, if the EA finds that it will not pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board.
(c) A green material composting facility that has more than 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations.

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

s 17858. Animal Material Composting Facilities.

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

s 17859. Sewage Sludge Composting Facilities.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Title 40, Chapter I, Subchapter O, Part 503, of the Code of Federal Regulations.

s 17859.1. Biosolids Composting at POTWs.
(a) Except as provided in section 17855(a)(5)(B), the composting of biosolids on-site at a Publicly Operated Treatment Works (POTW) shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100).
(b) All other composting of biosolids shall comply with section 17854.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code; and Title 40, Chapter I, Subchapter O, Part 503, Code of Federal Regulations.

s 17860. Mixed Solid Waste Composting Facilities.

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

s 17861. Application Process for Green Compost Permit.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40057, 43020 and 43021, Public Resources Code.

s 17862. Research Composting Operations.
(a) An operator conducting research composting operations shall not have more than 5,000 cubic yards of feedstock, additives, amendments, chipped and ground material, and compost on-site at any one time, and shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter.
(b) An operator conducting research composting operations utilizing within-vessel processing, may exceed 5,000 cubic-yards of feedstock, additives, amendments, chipped and ground material and compost, if the EA determines that such increased volume will not pose additional risk to the public health, safety and the environment.
(c) In addition to the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, section 18103.1(a)(3), the operator shall provide a description of the research to be performed, research objectives, methodology/protocol to be employed, data to be gathered, analysis to be performed, how the requirements of this subchapter will be met, and the projected timeframe for completion of the research operation.
(d) The EA Notification for a research composting operation shall be reviewed after each each two year period of operation. Review criteria shall include the results and conclusions drawn from the research.

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

s 17862.1. Chipping and Grinding Operations and Facilities.
(a) A chipping and grinding operation that receives up to 200 tons per day of material that may be handled by a green material composting operation shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. (continued)