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(continued)
(b) A chipping and grinding facility that receives more than 200 tons per day, and up to 500 tons per day of material that may be handled by a green material composting operation shall obtain a Registration Permit pursuant to the requirements of Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, prior to commencing operations.
(c) A chipping and grinding facility that receives more than 500 tons per day of material that may be handled by a green material composting operation 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.
(d) A chipping and grinding operation or facility shall not be subject to the provisions of sections 17868.1 through 17868.3 of this Chapter.
(e) If a chipping and grinding operation or facility exceeds the contamination limits in section 17852 (a)(21), it shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400).
(f) If a chipping and grinding operation or facility stores material for a longer period of time than is allowed by section 17852 (a)(10)(A)(2), then the site shall be regulated as a green material handling operation or facility, as set forth in this Chapter.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17862.2. Storage.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17863. Report of Composting Site Information.
Each operator of a compostable material handling facility that is required to obtain a Compostable Materials Handling Facility Permit, as specified in Article 2 of this Chapter, shall, at the time of application, file a Report of Composting Site Information with the EA. If the operator intends to alter the permitted feedstock, these changes must be reported to the EA for maintenance of permit status. Such changes may become the basis for revisions to the permit or for revocation of the permit.
(m) A description of the proposed site restoration activities, in accordance with Section 17870.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17863.4. Odor Impact Minimization Plan.
(a) All compostable material handling operations and facilities shall prepare, implement and maintain a site-specific odor impact minimization plan. A complete plan shall be submitted to the EA with the EA Notification or permit application.
(b) Odor impact minimization plans shall provide guidance to on-site operation personnel by describing, at a minimum, the following items. If the operator will not be implementing any of these procedures, the plan shall explain why it is not necessary.
(1) an odor monitoring protocol which describes the proximity of possible odor receptors and a method for assessing odor impacts at the locations of the possible odor receptors; and,
(2) a description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described; and,
(3) a complaint response protocol; and,
(4) a description of design considerations and/or projected ranges of optimal operation to be employed in minimizing odor, including method and degree of aeration, moisture content of materials, feedstock characteristics, airborne emission production, process water distribution, pad and site drainage and permeability, equipment reliability, personnel training, weather event impacts, utility service interruptions, and site specific concerns; and,
(5) a description of operating procedures for minimizing odor, including aeration, moisture management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g., storage time and pile geometry), contingency plans (i.e., equipment, water, power, and personnel), biofiltration, and tarping.
(c) The odor impact minimization plan shall be revised to reflect any changes, and a copy shall be provided to the EA, within 30 days of those changes.
(d) The odor impact minimization plans shall be reviewed annually by the operator to determine if any revisions are necessary.
(e) The odor impact minimization plan shall be used by the EA to determine whether or not the operation or facility is following the procedures established by the operator. If the EA determines that the odor impact minimization plan is not being followed, the EA may issue a Notice and Order (pursuant to section 18304) to require the operator to either comply with the odor impact minimization plan or to revise it.
(f) If the odor impact minimization plan is being followed, but odor impacts are still occurring, the EA may issue a Notice and Order (pursuant to section 18304) requiring the operator to take additional reasonable and feasible measures to minimize odors.
Note: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1,
s 17864. General Terms and Conditions.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17865. Siting on Landfills.
(a) Compostable materials handling operations and facilities located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 3, Subchapter 5, Article 2, section 21190.
(b) Compostable materials handling operations and facilities sited on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17866. General Design Requirements.
(a) Compostable materials handling operations and facilities shall be designed and constructed in such a manner as to enable the operations and facilities to comply with the operational requirements set forth in Article 6 of this Chapter.
(b) The design of a compostable materials handling facility shall utilize advice, as appropriate, from persons competent in engineering architecture, landscape design, traffic engineering, air quality control, and design of structures.
(1) The engineering design of a compostable materials handling facility shall be in accordance with the principles and disciplines in the State of California generally accepted for design of this type of facility. The design of a composting facility requiring a Compostable Materials Handling Facility Permit shall accompany the Report of Composting Site Information, pursuant to section 17863 of this Chapter.
(2) The engineering design shall be based on appropriate data regarding the service area, anticipated nature and quantity of material to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and numbers of vehicles anticipated to enter the station, drainage control, the hours of operation and other pertinent information. If the station is to be used by the general public, the design of the facility shall take account of features that may be needed to accommodate such public use.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17867. General Operating Standards.
(a) All compostable materials handling operations and facilities shall meet the following requirements:
(1) The composting of mammalian flesh, organs, unprocessed hide, blood, bone, and marrow is prohibited, except when from the residential sector or food service industry. 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.
(2) All handling activities shall be conducted in a manner that minimizes vectors, odor impacts, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms.
(3) Random load checks of feedstocks, additives, and amendments for contaminants shall be conducted.
(4) Contamination of compostable material that has undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, or additives shall be prevented.
(5) Unauthorized human or animal access to the facility shall be prevented.
(6) Traffic flow into, on, and out of the composting operation or facility shall be controlled in a safe manner.
(7) All compostable materials handling operations and facilities, that are open for public business, shall post legible signs at all public entrances. These signs shall include the following information:
(A) name of the operation or facility,
(B) name of the operator,
(C) facility hours of operation,
(D) materials that will and will not be accepted, if applicable,
(E) schedule of charges, if applicable, and
(F) phone number where operator or designee can be reached in case of an emergency.
(8) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Firelanes shall be provided to allow fire control equipment access to all operation areas.
(9) The operator shall provide telephone or radio communication capability for emergency purposes.
(10) Physical Contaminants and refuse removed from feedstock, compost, or chipped and ground material shall be removed from the site within 7 days and transported to an appropriate facility.
(11) Enclosed operations and facilities shall provide ventilation to prevent adverse public health effects from decomposition gases.
(12) The operator shall ensure that leachate is controlled to prevent contact with the public.
(13) The operator shall prevent or remove physical contaminants in compost and chipped and ground materials that may cause injury to humans.
(14) An attendant shall be on duty during business hours if the operation or facility is open to the public.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17867.5. Training.
(a) Compostable materials handling operations and facilities shall meet the following requirements:
(1) Operators shall ensure that all personnel assigned to the operation shall be trained in subjects pertinent to operations and maintenance, including the requirements of this article, physical contaminants and hazardous materials recognition and screening, with emphasis on odor impact management and emergency procedures. A record of such training shall be maintained on the site.
Note: Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17868.1. Sampling Requirements.
All composting operations that sell or give away greater than 1,000 cubic yards of compost annually, and all facilities shall meet the following requirements:
(a) Operators shall verify that compost meets the maximum acceptable metal concentration limits specified in section 17868.2, and pathogen reduction requirements specified in section 17868.3. Verification of pathogen reduction requirements shall occur at the point where compost is sold and removed from the site, bagged for sale, given away for beneficial use and removed from the site or otherwise beneficially used. This verification shall be performed by taking and analyzing at least one composite sample of compost, following the requirements of this section as follows:
(1) An operator who composts green material, food material, or mixed solid waste shall take and analyze one composite sample for every 5,000 cubic-yards of compost produced.
(2) An operator who composts biosolids shall meet the sampling schedule described in Table 1 below.
Table 1- Frequencies of Compost Sampling for Biosolids Composting Facilities
Amount of Biosolids
Compost Feedstock (metric
tons per 365 day period) Frequency
Greater than zero but annually
fewer than 290
Equal to or greater than quarterly
290 but fewer than 1,500
Equal to or greater than bimonthly
1,500 but fewer than 15,000
Equal to or greater than monthly
15,000
(A) The amount of biosolids compost feedstock shall be calculated in dry weight metric tons.
(3) Composite sample analysis for maximum acceptable metal concentrations, specified in section 17868.2, shall be conducted at a laboratory certified by the California Department of Health Services, pursuant to the Health and Safety Code.
(b) A composite sample shall be representative and random, and may be obtained by taking twelve (12) mixed samples as described below.
(1) The twelve samples shall be of equal volume.
(2) The twelve samples shall be extracted from within the compost pile as follows:
(A) Four samples from one-half the width of the pile, each at a different cross-section;
(B) Four samples from one-fourth the width of the pile, each at a different cross-section; and,
(C) Four samples from one-eighth the width of the pile, each at a different cross-section.
(c) The EA may approve alternative methods of sampling for a green material composting operation or facility that ensures the maximum metal concentration requirements of section 17868.2 and the pathogen reduction requirements of section 17868.3 are met.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17868.2. Maximum Metal Concentrations.
(a) Compost products derived from compostable materials that contain any metal in amounts that exceed the maximum acceptable metal concentrations shown in Table 2 shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction.
Table 2 -Maximum Acceptable Metal Concentrations
Constituent Concentration (mg/kg)
on dry weight basis
Arsenic (As) 41
Cadmium (Cd) 39
Chromium (Cr) 1200
Copper (Cu) 1500
Lead (Pb) 300
Mercury (Hg) 17
Nickel (Ni) 420
Selenium (Se) 36
Zinc (Zn) 2800
(b) Alternative methods of compliance to meet the requirements of Subdivision (a) of this section, including but not limited to sampling frequencies, may be approved by the EA for green and food materials composting operations and facilities if the EA determines that the alternative method will ensure that the maximum acceptable metal concentrations shown in Table 2 are not exceeded.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17868.3. Pathogen Reduction.
(a) Compost products derived from compostable materials, that contains pathogens in amounts that exceed the maximum acceptable pathogen concentrations described in Subdivision (b) of this section shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction.
(b) Operators that produce compost shall ensure that:
(1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density ofSalmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis).
(2) At enclosed or within-vessel composting process operations and facilities, active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.
(A) Due to variations among enclosed and within-vessel composting system designs, including tunnels, the operator shall submit a system-specific temperature monitoring plan with the permit application to meet the requirements of Subdivision (b)(2) of this section.
(3) If the operation or facility uses a windrow composting process, active compost shall be maintained under aerobic conditions at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 15 days or longer. During the period when the compost is maintained at 55 degrees Celsius or higher, there shall be a minimum of five (5) turnings of the windrow.
(4) If the operation or facility uses an aerated static pile composting process, all active compost shall be covered with 6 to 12 inches of insulating material, and the active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days.
(c) Alternative methods of compliance to meet the requirements of Subdivision (b) of this section may be approved by the EA if the EA determines that the alternative method will provide equivalent pathogen reduction.
(d) Compost operations and facilities shall be monitored as follows to ensure that the standards in Subdivision (b) of this section are met:
(1) Each day during the pathogen reduction period, at least one temperature reading shall be taken per every 150 feet of windrow, or fraction thereof, or for every 200 cubic-yards of active compost, or fraction thereof.
(2) Temperature measurements for pathogen reduction shall be measured as follows:
(A) Windrow composting processes and agitated bays shall be monitored twelve (12) to twenty-four (24) inches below the pile surface;
(B) Aerated static pile composting processes shall be monitored twelve (12) to eighteen (18) inches from the point where the insulation cover meets the active compost.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17868.4. Clean Green Material Processing Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17868.5. Green Material Processing Requirements.
In order for a feedstock to be considered green material, as defined in section 17852(a)(21), the following requirements shall be met:
(a) The feedstock shall undergo load checking to ensure that physical contaminants are no greater than 1.0 percent of total weight. Load checking shall include both visual observation of incoming waste loads and load sorting to quantify percentage of contaminating materials.
(1) A minimum of one percent of daily incoming feedstock volume or at least one truck per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level greater than 1.0 percent, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1.0 percent of total weight.
(b) Upon request of the EA, the operator shall take a representative sample of feedstock, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined.
(c) Any agricultural material handling operation using this material shall ensure the feedstock meets the metal concentration limits specified in Table 2 of section 17868.2.
(d) Facility personnel shall be adequately trained to perform the activities specified in this section.
(e) Any operation or facility using this feedstock shall maintain records demonstrating compliance with this section.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17869. General Record Keeping Requirements.
Except as provided in subsection (d), all compostable materials handling operations and facilities shall meet the following requirements:
(a) All records required by this Chapter shall be kept in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, EA local health entity, and other duly authorized regulatory and EAs during normal working hours.
(b) The operator shall record any special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures.
(c) The operator shall record any public complaints received by the operator, including:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(d) The operator shall record the quantity and type of feedstock received and quantity of compost and chipped and ground material produced. Agricultural compostable materials handling operations shall maintain records only for compostable material accepted from off-site.
(e) The operator shall record the number of load checks performed and loads rejected.
(f) The operator shall record all test results generated by compliance with Article 7 of this Chapter, including but not limited to, metal concentrations, fecal coliform andSalmonella sp. densities, temperature measurements, and dates of windrow turnings.
(1) The operator shall retain records detailing pathogen reduction methods.
(g) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement.
(h) The operator shall retain a record of training and instruction completed in accordance with section 17867.5.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17870. Site Restoration.
All compostable materials handling operations and facilities shall meet the following requirements:
(a) The operator shall provide the EA written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service:
(1) The operation and facility grounds, ponds, and drainage areas shall be cleaned of all residues including, but not limited to, compost materials, construction scraps, and other materials related to the operations, and these residues legally recycled, reused, or disposed of.
(2) All machinery shall be cleaned and removed or stored securely.
(3) All remaining structures shall be cleaned of compost materials, dust, particulates, or other residues related to the composting and site restoration operations.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17871. Geological Siting Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 43020 and 43021, Public Resources Code.
s 17873. General Facility Design Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code; and Sections 6730, 6735.1, 6735.3, and 6735.4, Business and Professions Code.
s 17875. General Facility Operations Procedures for Exempted and Non-Exempted Composting Facilities.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
s 17876. General Facility Operations Procedures for Non-Exempted Composting Facilities.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
s 17877. Record Maintenance Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
s 17879. Site Closure Standards.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code.
s 17881. Purpose, Scope, and Applicability.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17883. Compliance with Laws and Regulations.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17885. General Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code;and 40 CFR, Part 261.
s 17886. Compliance Period.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17887. Environmental Health Standards.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17889. Compliance Monitoring Program.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17891. Noncompliance and Green Composting Permit Modification.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17893. Specific Exemptions.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17895. Reporting Requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code.
s 17897. Purpose, Scope and Applicability.
(a) The purpose of this chapter is to establish minimum standards that define the acceptable management of asbestos containing waste. The standards of this chapter apply only to the owner or operator of a solid waste facility who disposes of asbestos containing waste, pursuant to Health and Safety Code section 25143.7.
(b) Nothing in these Articles 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 enforcement agencies, including but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.10. Definitions.
The following definitions are to used only for the purposes of this Chapter.
"Adequately wet" means waste that is sufficiently mixed or penetrated with liquid to prevent the release of finely divided particles. Spraying water over the surface of asbestos containing waste does not satisfy "adequately wet" requirement.
"Asbestos Containing Waste" or "ACW" means asbestos containing waste managed at a landfill as authorized by section 25143.7, chapter 6.5 of the California Health and Safety Code which contains greater than one percent (1%) friable asbestos by weight. Asbestos containing waste does not include waste contaminated with another hazardous waste as identified in chapter 11. division 4.5, title 22, California Code of Regulations.
"Designated Asbestos Containing Waste Disposal Area" means an area specifically designated for the disposal of asbestos containing waste at a solid waste facility. A specifically designated area is a dedicated disposal area. The area shall be identified on a survey plat containing the location and dimensions of the area with respect to permanently surveyed vertical and horizontal control monuments. This survey plat shall be prepared and certified by a professional land surveyor licensed in California or a civil engineer authorized to practice land surveying in California. The designated area shall be delineated with physical barriers, such as a fence, and signs.
"Disposal" means the final deposition of asbestos containing waste onto the land, into the atmosphere or into the waters of the state.
"Enforcement Agency" means the California Integrated Waste Management Board or its designee.
"Excavation" means any activity that exposes buried asbestos containing waste to the atmosphere.
"Handling" means the collection, processing, treatment, or packaging of asbestos containing waste for disposal.
"Leak tight" means that solids or liquids cannot escape or spill out. It also means dust tight.
"Natural barrier" means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.
"Solid waste facility" means any class II or class III landfill as defined in sections 2532 and 2533, chapter 15, title 23, California Code of Regulations (CCR); and any unclassified waste management unit which accepts inert waste as defined in section 2524, chapter 15, title 23, CCR.
"Visible emissions" means any emissions that are visually detectable without the aid of instrument, coming from asbestos containing waste or from handling and disposal of asbestos containing waste. This does not include condensed uncombined water vapor.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code; and 40 CFR Part 61 Section 140, Subpart M.
s 17897.15. Schedules of Compliance.
(a) The owner or operator of a solid waste facility that disposes of asbestos containing waste (ACW) in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and does not possess a solid waste facilities permit shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain a solid waste facilities permit on or before November 29, 1997.
(b) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which regulates the disposal of asbestos containing waste shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain approval for RDSI amendments on or before November 29, 1997.
(c) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which does not regulate the disposal of asbestos containing waste shall:
(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.
(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.
(3) Obtain a revised solid waste facilities permit on or before November 29, 1997.
(d) The owner or operator of a solid waste facility that has not disposed of ACW in accordance with section 25143.7 of the Health and Safety Code on or before August 1, 1996 and intends to dispose of ACW shall file an application for a permit revision request pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.
(e) The owner or operator of a new solid waste facility who intends to dispose of ACW in accordance with section 25143.7 of the Health and Safety Code after August 1, 1996 shall file an application for a new permit pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.16. General Standards.
The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the designated asbestos containing waste disposal area complies with requirements specified in this division. The designated asbestos containing waste disposal area shall be located, designed, constructed, operated andmaintained so that it will protect public health, worker safety, and the environment.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.18. Design and Operating Requirements.
The owner or operator of a solid waste facility that disposes of asbestos containing waste shall:
(a) establish a designated asbestos containing waste disposal area for the disposal of asbestos containing waste as defined in section 17897.10;
(b) establish a site control program with work zones and control points at the designated asbestos containing waste disposal area. At a minimum, work zones should be established for the active face, designated disposal area, handling and support areas;
(c) segregate asbestos containing waste from refuse. At no time shall asbestos containing waste be disposed with refuse;
(d) establish a means to prevent any visible emissions outside the designated asbestos containing waste disposal area during handling and disposal operations;
(e) maintain the integrity of leak-tight containers and/or packaging at all times during the handling and disposal operations;
(f) minimize the release and exposure of asbestos containing waste after placement in the disposal area by not compacting the waste prior to application of cover, at no time shall compaction equipment come into contact with asbestos containing waste containers or packaging;
(g) after deposit, the owner or operator shall cover the asbestos containing waste with sufficient cover material to ensure complete coverage of the disposed asbestos containing waste and prevent re-exposure during continuing disposal operations.
(h) cover shall be applied to the asbestos containing waste at a frequency that minimizes releases to the environment and threats to human health, but at a minimum of once every operational hour. An alternative frequency may be prescribed if the Enforcement Agency deems it appropriate.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.19. Additional Requirements.
(a) The owner or operator shall not accept asbestos containing waste without having received an Identification Number as described in section 66260.10, title 22, California Code of Regulations (CCR), following the procedure specified by the Department of Toxic Substances Control.
(b) In addition to any requirements already imposed on landfills by Title 14, Division 7, Chapter 3 (commencing with section 17200) and Chapter 5 (commencing with section 18010), and in lieu of any requirements imposed by Title 8 and Title 22, the owner or operator shall comply with the following requirements:
(1) Provide additional site security to that required in article 7.4 of chapter 3 of this division (commencing with section 17656) to prevent unauthorized entry of persons into the designated asbestos containing waste disposal area. These requirements include:
(A) A surveillance system which continuously monitors and controls entry by the public into the designated asbestos containing waste disposal area or means to control entry into the designated asbestos containing waste disposal area at all times, unless the entire facility meets the above requirements or the facility does not allow public access.
(B) Post warning signs as specified in this section around the designated asbestos containing waste disposal area. These signs must be posted in a manner so that a person can read them. These signs shall be at least 51 cm X 36 cm (20 inch x 14 inch) and state the following information:
DANGER Asbestos Waste Disposal Site Do Not Create Dust Breathing Asbestos Is
Hazardous To Your Health
The top line shall be in at least one and three fourths inch (4.4 cm) type. The second line shall be in at least one inch (2.5 cm) type. The third line shall be in at least three fourths inch (1.9 cm) type. The last line shall be in at least 48 point type. All four lines shall be in Sans Serif, Gothic or Block type. The line spacing shall be equal or greater to the height of the upper line. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the solid waste facility.
(2) In addition to disposal site records specified in article 7.3 of chapter 3 of this division (commencing with section 17636), maintain the additional information required by article 5, chapter 15, division 4.5, title 22, CCR as it relates to hazardous waste manifests and recordkeeping.
(A) The solid waste facility shall comply with the requirements of chapter 18, division 4.5, title 22, CCR as they apply to the notification/certification/treatment of asbestos containing waste prior to land disposal. At a minimum, the solid waste facility should ensure that the asbestos containing waste is adequately wet or treated so that it meets this standard prior to disposal.
(B) The solid waste facility shall maintain an operating record as part of the disposal site record. This operating record shall include the following information: the quantity and date of each shipment of asbestos containing waste received, the disposal location(s) of each shipment of asbestos containing waste, a summary report of all incidents which require implementation of the contingency plan, results of inspection required by section 17897.20, and training records as specified in subsection (c)(2)(B) of this section. The operating record shall be maintained until closure of the facility.
(3) Meet the requirements for financial responsibility for liability claims and closure and post closure as specified in articles 3.3 and 3.5 of chapter 5 of this division.
(c) The owner or operator shall at a minimum comply with the following additional requirements:
(1) The solid waste facility shall prepare a contingency plan. The contingency plan shall be designed to minimize the hazard to human health or the environment from unplanned sudden or non-sudden release of asbestos containing waste to the air, soil or water. The provisions of this plan shall be carried out immediately when a release could threaten human health or the environment.
(A) The contingency plan shall describe the actions facility personnel shall take in response to a release of asbestos containing waste. The plan shall describe arrangements agreed to by local emergency response agencies. The plan shall list names, addresses and telephone numbers of all persons qualified to act as emergency coordinators. This list shall be kept up to date. The plan shall list all emergency equipment located at the facility. This list shall be kept up to date. The plan shall include a description of each item on the list and a brief description of its capabilities. The plan shall describe a signal to begin evacuation, identify routes for evacuation, and identify alternate routes.
(B) The contingency plan shall be amended whenever: the regulations change, the plan fails, the facility changes in operation, the list of emergency coordinators changes, or the list of emergency equipment changes.
(C) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Enforcement Agency.
(2) Solid waste facility personnel shall complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way which ensures the facility's compliance with these requirements.
(A) The training program shall be directed by a person trained in asbestos waste management procedures. At a minimum, the training program shall be designed to ensure that facility personnel are capable of responding effectively to an emergency by familiarizing them with the contingency plan. Personnel shall successfully complete the training described within six months of their assignment to duties which manage asbestos containing waste. Personnel shall also take part in an annual review of the initial training. No personnel shall work unsupervised until they have completed the training described in this section.
(B) The owner or operator shall maintain the following documents and records at the facility: a job title for each job related to asbestos containing waste management and the name of each person filling that job; a written description of that job title; a written description of the type and amount of training required for that job title; and records documenting that the training had been given.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.20. Inspection Requirements.
The owner or operator of a solid waste facility that disposes of asbestos containing waste shall inspect the facility. This inspection shall include but not be limited to the designated asbestos waste containing area for deterioration, operator errors, problems with cover, leakage and discharges that may be causing or may lead to: (1) releases to the environment; or (2) a threat to human health. The owner or operator shall maintain an inspection schedule that identifies the items to be inspected, the frequency of the inspection and identify the types of problems that are to be looked for during the inspection. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment but at a minimum of once each operating day. The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Remedial action must be taken immediately where a hazard is imminent or has already occurred. The owner or operator shall maintain a record of these inspections. Notwithstanding section 17897.19(b)(2)(B), the reports resulting from these inspections need only be kept for three years from the date of the inspection.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.21. Excavation Requirements.
(a) The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the excavation or disturbance of buried asbestos containing waste will not pose a danger to the public, employees, and environment.
(b) Except as specified in subsection (g) of this section, an excavation management plan shall be prepared and submitted to the Enforcement Agency for review and approval at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste that has been buried at the disposal area. The excavation management plan shall include the following information:
(1) Schedule starting and completion dates.
(2) Map showing the location of the area where buried asbestos containing waste is to be excavated or disturbed, locations of on-site structures, and environmental monitoring collection and control systems.
(3) Response for disturbing the waste.
(4) A health and safety plan identifying the health and safety issues regarding the proposed excavation and measures to be taken to protect public health, worker safety, and the environment. The plan shall be developed and prepared by an industrial hygienist certified by the American Board of Industrial Hygiene. This health and safety plan shall include work practices and engineering controls to be used to protect worker health and safety during excavation.
(5) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated waste. The Enforcement Agency shall consult with the appropriate air quality control district or state Air Resources Control Board when evaluating the proposed emissions control procedures.
(6) Location of any temporary storage site and the final disposal site.
(c) The excavation management plan shall be prepared by a professional engineer or engineering geologist registered in California.
(d) If the excavation will begin on a date other than the date specified in the plan, the owner or operator shall notify the Enforcement Agency at least 5 calendar days prior to the rescheduled start date by certified mail. If the completion date is delayed, the owner or operator shall notify the Enforcement Agency of the new completion date at least 2 calendar days before the original scheduled completion date by certified mail.
(e) In evaluating the proposed excavation management plan, the Enforcement Agency will consider:
(1) whether the excavation is necessary to the proposed use of the site, and will not increase the potential hazard to human health or the environment;
(2) whether the excavation is necessary to reduce a threat to human health, employees, and the environment; and
(3) recommendations of the appropriate air quality control district and the regional water quality control board.
(f) No later than 30 calendar days from receipt of the plan, the Enforcement Agency shall respond to the applicant regarding completeness of the plan. If the plan is incomplete, the applicant will be notified which parts of the plan are incomplete and the manner with which the plan can be made complete. If additional review time is needed, the applicant will be notified within 30 days of submittal of the plan.
(g) The 45 day notice is not required if an emergency excavation is performed to prevent or diminish an imminent and substantial endangerment to human health or the environment. If an emergency excavation is required, the owner or operator shall give verbal notice to the Enforcement Agency prior to beginning the excavation activity and submit a written report to the Enforcement Agency within 15 days after the emergency excavation has been completed.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
s 17897.24. General.
The owner or operator shall comply with all applicable closure and post closure requirements as specified in article 7.8, chapter 3 and article 3.4, chapter 5 of this division.
Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.s 17897.25. Authorized ACW Program. (continued)